Raw Milk Updates, Summer 2009
by Pete Kennedy, Esq.
President, The Farm-to-Consumer Legal Defense Fund
The most significant developments since the last update have occurred in state legislatures. A bill that formally legalizes herd shares passed both houses in Tennessee and was signed into law by the governor. Another bill that would increase the availability of raw milk is close to passage in Vermont. The collapse in pay prices for conventional dairies appears to have made some state legislators recognize the fact that raw milk sales or distribution can be a viable way for dairy farmers to make a living.
At the national level, there has been positive news as well. This update begins with an account of the failed attempt to institute a nationwide ban on herd shares.
2009 National Conference on Interstate Milk Shipments
The 32nd National Conference on Interstate Milk Shipments (NCIMS) conference met in Orlando from April 17 through 22. NCIMS meets every other year to update the Pasteurized Milk Ordinance (PMO), the model milk regulation adopted by almost all of the States governing the processing, packaging and sale of milk and milk products. Section 9 of the PMO stipulates that only pasteurized milk can be sold to the final consumer.
At the 2007 conference, a proposal was introduced to amend Section 9 to establish that “no dairy animal sharing or similar programs would be allowed as a way to bypass the intent of Section 9.” Passage of the proposal could have potentially meant a ban on herd shares in a majority of the States. The proposal did not have much support; so, instead of taking a vote, a study committee was formed “to look into means to prevent animal/herd shares and other practices used to circumvent food safety regulations.” The committee was to present its report at the 2009 conference.
When the Herd Shares Committee meeting was held at the 2009 conference, the committee did not give a report and instead indicated that it would no longer pursue any attempt to prohibit herd shares. One committee member stated that the NCIMS conference had jurisdiction over pasteurized milk not raw milk. It appeared that the majority of delegates at the conference held this view and did not want to take a position on herd shares, leaving the issue for individual States to decide. The likelihood is that NCIMS will not consider the herd share issue again, removing a potential threat to raw milk distribution throughout the country.
The one order of business the Herd Shares Committee did have on its agenda was to hear Mark McAfee of Organic Pastures Dairy Company (OPDC) give a presentation on amending the federal regulation banning raw milk for human consumption in interstate commerce (CFR 1240.61). Mark has filed a petition with the FDA to amend CFR 1240.61 to allow for shipment of raw milk across state lines from one State where the sale of raw milk is legal to another State where the sale is also legal. Mark had submitted a proposal to NCIMS asking the conference delegates to pass a resolution supporting the FDA petition. McAfee knew his proposal had little chance of passing, but introduced it with the hope of starting a dialogue with the regulators and dairy industry representatives attending the conference. In this, he succeeded. While the Herd Shares Committee voted not to support his proposal, a number of State regulators and industry representatives interested in finding out more about OPDC’s raw milk business approached him during the conference.
However, one group of attendees who refused to speak with McAfee about
raw
milk were the representatives from FDA, maintaining the agency’s
policy of not talking to anyone with an opposing viewpoint on raw milk.
The FDA has used NCIMS in the past as a platform to press for a total ban on the sale of raw milk. With NCIMS dropping the herd share issue and the support among State regulators for NCIMS and the PMO to focus solely on pasteurized milk, we can hope that there will be greater resistance if FDA continues to push individual States to either ban the sale of raw milk or to make access to it more difficult.
Federal Bill HR 778
An online petition has been posted at the Farm-to-Consumer Legal Defense Fund website (www.farmtoconsumer.org) in support of HR 778, a bill introduced by Representative Ron Paul that would effectively overturn the interstate ban on raw milk for human consumption (see Wise Traditions Spring 2009 issue). The petition enables signers to send a personalized email directly to their representative and both senators as well as providing the option of sending a copy to their local newspaper. Citizens living abroad are able to sign as well. For those without internet access, a hardcopy version of the petition for collecting handwritten signatures can be downloaded or requested at 703-208-3276. Supporters of the bill are also encouraged to call, fax and visit their legislators to ask them to become co-sponsors for the bill.
In promoting passage of HR 778, it is good to emphasize any of the following points:
1. The bill upholds consumer freedom of choice. The consumption of raw dairy products is legal in all fifty states. The bill enables consumers to exercise their legal right in States where the sale of raw milk and/or raw milk products is illegal or where there are no in-State sources.
2. The bill honors States’ rights. Decisions about the safety of raw milk should be made at the state and local level, not by the federal government.
3. The bill supports family farms by expanding their markets for raw dairy products. The bill increases the chances of survival for those dairies that are no longer able to subsist solely on the income from the dairy cooperative system.
4. The bill promotes the local food movement by connecting consumers with producers who happen to live just across state lines.
5. The bill would free FDA to focus on the pressing problems in our food system, e.g., such as tainted imports and under-inspected large-scale food processors.
As Congressman Paul stated in introducing the bill, “Americans have the right to consume these products without having the federal government second-guess their judgment about what products best promote health. If there are legitimate concerns about the safety of unpasteurized milk, those concerns should be addressed at the state and local level.” Those with questions about the bill are encouraged to contact the Farm-to-Consumer Legal Defense Fund.
The Sharon Palmer Case
Good news from California. Sharon Palmer appeared at an arraignment before
the Ventura County Court and had her case dismissed by the judge. [See
Wise Traditions Spring 2009 issue for background on the case.] Sharon
had earlier been charged with “processing milk or milk products
without pasteurization” and “processing for resale milk or
milk products without a license”—both felonies under California
law. The March 11 hearing marked the third time Palmer had been arraigned;
the Ventura County Prosecutor’s Office did not send a prosecutor
to any of the arraignments. The bad news is that under California law,
the prosecutor has up to three years to reintroduce the charges against
her. The Ventura County Sheriff’s Department has yet to return any
of the computers or business records
seized during January 28 raids of both Sharon’s farm and the home
of her daughter Jennifer Prince.
For the latest developments on raw milk issues, go to www.thecompletepatient.com
Those who have not joined the Farm-to-Consumer Legal Defense Fund are
encouraged to do so. Membership applications are available online at
www.farmtoconsumer.org or
by calling (703) 208-FARM (3276); the mailing address is 8116 Arlington
Blvd, Suite 263, Falls Church, VA 22042
Pete Kennedy is an attorney from Sarasota, Florida and president of the Farm-to-Consumer Legal Defense Fund (www.farmtoconsumer.org). He compiled the state milk laws posted at realmilk.com. He advises many farmers and members about legal issues surrounding raw milk.
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