FDA Bootstrapping Its Power under FSMA

Recently the New York Department of Agriculture and Markets (NYDAM) sent what it called a “Milk Control Facility FSMA Survey” to a number of licensed dairy producers in the state, including raw cheesemakers. The survey was mainly concerned with whether the producers were complying with various requirements related to the FDA Food Safety Modernization Act (FSMA) but there was one requirement the survey asked about that was never brought up at all when Congress was deliberating over FSMA–current Good Manufacturing Practices (cGMPs), which FDA could try to use for regulating all commerce other than most meat and poultry that are under the jurisdiction of the United States Department of Agriculture (USDA). This could include all intrastate commerce; under FDA’s interpretation of the law, any local producer– whether a raw milk dairy with a couple of cows or a private homemaking cottage foods operation–would be subject to the cGMP requirement and FDA jurisdiction.

The agency is claiming that authority given it by the Public Health Service Act (PHSA) to regulate communicable diseases gives it the power to impose cGMP requirements. The PHSA provides that “[t]he Surgeon General, with the approval of the Secretary [of Health and Human Services], is authorized to make and enforce such regulations as in his judgment are necessary to prevent the introduction, transmission, or spread of communicable diseases from foreign countries into the States or possessions, or from one State or possession into any other State or possession. For the purposes of carrying out and enforcing such regulations, the Surgeon General may provide for such inspection, fumigation, disinfection, sanitation, pest extermination, destruction of animals or articles found to be so infected or contaminated as to be sources of dangerous infection to human beings, and other measures, as in his judgment may be necessary.”1

A common sense reading of this power would be that FDA could get involved if there was a foodborne illness outbreak confined to one state or if a producer solely in intrastate commerce was found to be manufacturing food under unsanitary conditions but, according to the agency, its power to regulate communicable disease gives it the authority to impose cGMP requirements on all food manufacturers (other than those in the meat and poultry business) for the following: “plants and grounds; sanitary facilities, controls, and operations; equipment and utensils; processes and controls; warehousing and distribution; and natural or avoidable defect levels.”2

The cGMPs are part of a one-size-fits-all regulatory scheme; unlike some of the more onerous FSMA provisions such as the national produce safety standards and the food safety standards (HAPRPC – Hazard Analysis Risk-Based Preventive Controls) in which many smaller producers are exempt from those mandates, there are no exemptions from the cGMP requirements.

FDA has long held that cGMPs apply to food manufacturers in intrastate commerce but the agency’s position fell on deaf ears until after the passage of FSMA. The cGMPs used to have their own section in the Code of Federal Regulations (21 CFR part 110) but, when FDA issued regulations governing the HARPC requirement (21 CFR part 117), it moved the cGMP regulations over to that section as well. FDA wants to make it seem like cGMPs are part of FSMA even though they were never brought up when Congress was considering the food safety legislation in 2009 and 2010.

At this time FDA doesn’t have nearly the resources to enforce the cGMP requirements across the board but that doesn’t have to happen for the agency to create a chilling effect among local food producers; an occasional inspection of or enforcement action against a raw milk producer or cottage food operation will do the trick. The cGMPs potentially threaten to roll back some of the progress made in recent years through legislative and policy changes in the areas of consumer access to raw dairy and cottage foods.

There are ways to protect against the cGMP threat to intrastate business. One way would be for state legislatures to more closely monitor FDA cooperative agreements between state departments of health and agriculture to make sure the state agencies don’t impose these requirements on food producers operating only in intrastate commerce; with FSMA, states will be counted on to carry out much of its enforcement. Another way would be to amend the Federal Food, Drug and Cosmetic Act to make it clear that the cGMP requirements only apply to firms operating in interstate commerce. As it is FSMA is possibly the most draconian piece of food legislation ever passed; FDA needs to be stopped from expanding its power beyond what Congress ever intended.

1 United States Code of Laws, 42 USC 264(a). Accessed 2/28/2018 at https://www.law.cornell.edu/uscode/text/42/264

2 Federal Register, 78 FR 3651. Section II.B.1 accessed 2/28/2018 at

FDA Antibiotic Test Requirement Threatens to Cut Raw Milk Supply in Pennsylvania

Controversial antibiotic test requirements imposed by the U.S. Food and Drug Administration (FDA) will be going into effect next month in Pennsylvania. According to the Pennsylvania Department of Agriculture (PDA), Pennsylvania will be the last state to implement the testing requirements; FDA initially issued them in 2011.1 The requirements will especially impact raw milk farmers who sell part of their production to dairy cooperatives for pasteurization as well as selling raw milk direct to the consumer or through retail stores. The main reason that the FDA testing mandate has received much more attention than in any other state is that there are more producers in Pennsylvania than any other state whose raw milk goes for both pasteurization and for direct consumption. Thanks to laws in neighboring states that either restrict or prohibit raw milk sales or distribution to consumers in both the northeastern and mid-Atlantic regions rely on Pennsylvania raw milk producers for their sustenance.

The antibiotic testing requirements are that farmers producing either raw milk for pasteurization or raw milk to be manufactured into other dairy products (such as raw or pasteurized cheese) must test every batch of raw milk produced for antibiotic residue even if the producer’s dairy operation is certified organic. Producers who only produce raw milk for human consumption are not subject to the FDA testing requirement. Producers subject to the testing mandate will either have to do their own testing on equipment that could cost thousands of dollars to purchase, pay thousands each year for testing by a state-approved lab or, in the case of producers selling to a co-op, wait to get test results (milk haulers transporting milk for co-ops collect samples for testing of each batch of raw milk they pick up from a farm belonging to the co-op). Producers cannot commingle any milk from a subsequent batch until they get test results back from the co-op; further complicating matters is the fact that co-ops typically do not report test results to member farmers at all, much less on a timely basis. PDA has gotten reports of producers working with co-ops to create a process for timely reporting of test results but it remains to be seen how these efforts pan out.

Dairy Farmers of America, a co-op with a history of strong opposition to legalizing raw milk sales for human consumption, controls a substantial percentage of raw milk produced for pasteurization in Pennsylvania, possibly over one-half of the total. Trickling Springs Creamery, a well-known Pennsylvania co-op, has already notified its members that one hundred percent of their production must go to the co-op; members will not be able to retain any raw milk for retail sales or for manufacturing into any other dairy product. If a farmer selling raw milk to a co-op for pasteurization is found to violate the antibiotic testing requirements, FDA can not only stop the farmer’s shipments to the co-op, it can shut down the co-op from making any shipments in interstate commerce.

To its credit, PDA (with FDA’s approval) has established a variance process, where those dairies it grants a variance will be exempt from the antibiotic testing requirements.2 Forty farmers have applied for the variance so far; out of the sixteen applications PDA has reviewed, it has approved seven for a variance. Those eligible for the variance include those farmers that pasteurize and bottle all the raw milk they produce and those manufacturing other dairy products only from raw milk produced on their farm. Producers selling any of their raw milk production to a co-op are not eligible for a variance per order of FDA; the nine applications PDA rejected were all from those selling part of their production to a co-op.

A PDA official estimated that as many as one-half of the 68 Pennsylvania dairies permitted to produce and sell raw milk for human consumption are Grade A dairies that sell some of their milk production to a co-op. If these dairies aren’t able to make a workable arrangement with their co-ops on reporting test results, the cost of antibiotic testing could drive many to drop their permits and get out of the raw milk business when antibiotic residues in the milk was never a problem for any of them to begin with. The FDA testing requirement, in their cases, has nothing to do with protecting the public health.

[1] Public Health Service/FDA, Appendix N Drug Residue Testing and Farm Surveillance, “Grade A” Pasteurized Milk Ordinance 2015 Revision; pp. 374-379. Note: the PMO is a document governing the production distribution, and transportation of raw milk intended for pasteurization; Pennsylvania and nearly all other states have adopted the PMO and the other states must have standards at least as strict. Accessed 12/20/2017 at https://www.fda.gov/downloads/food/guidanceregulation/guidancedocumentsregulatoryinformation/milk/ucm513508.pdf
[2] PDA Commissioner Russell Redding, Letter to Pennsylvania Milk Permitholder, 4 October 2017. Subject: Update on Implementation of Drug Residue Testing Requirements of FDA’s Appendix N of the Pasteurized Milk Ordinance”

FDA Files Lawsuit to Seize Healthy Food

On October 19, 2017, the United States Food and Drug Administration (FDA) filed a complaint with a federal district court in Kansas to seize and condemn around $70,000 of raw camel milk, pasteurized camel milk, raw camel milk colostrum, and raw camel milk kefir.[1] The camel milk products are currently being held at a frozen food warehouse, My Magic Kitchen, located in Kansas City. The Kansas Department of has placed all the products under embargo, prohibiting their movement from the warehouse.

All labels on the frozen products FDA wants to seize bear the name Desert Farms; the Santa Monica, California based company is the largest raw milk distributor in the U.S. According to the complaint, Hump-Back Dairys of Miller, Missouri produced nearly all of the product being held at the warehouse; the dairy is, by far, the largest camel milk producer in the country.

There has been a thirty-year ban on raw dairy products (other than aged raw cheese) in interstate commerce; FDA interprets the ban to extend to raw milk camel products. In December 2016 Samuel Hostetler, the owner of Hump-Back Dairys, received a warning letter from FDA.[2] The letter to Hostetler warned that he was violating the interstate ban by shipping both raw camel milk and raw camel milk products in interstate commerce; Hostetler responded to the warning letter by informing the agency that he would be complying with the federal regulation establishing the ban.

Walid Abdul-Wahab, the president of Desert Farms, also received a warning letter from FDA in September 2016 but the letter did not mention the interstate raw dairy ban; instead the letter accused Desert Farms of violating the law by shipping “new drugs” that were not approved by FDA in interstate commerce.[3] The letter noted that Desert Farms was making health claims on its website and facebook page about how camel milk was being successfully used to treat various diseases, especially autism. The letter warned that the camel milk products were drugs because “they are intended for use in the care, mitigation and treatment of disease”. As such they were “new drugs” that needed approval from FDA before they could be marketed. The FDA approval for new drugs processing can cost in the hundreds of millions of dollars.

The FDA suit filed for the seizure and destruction of the camel milk products alleges that Desert Farms’ social media pages (Facebook, Twitter, YouTube and Instagram) linked to the company’s website contain claims that “demonstrate that the camel milk products are intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease, including autism, diabetes, multiple sclerosis, Crohn’s disease, viral infections such as hepatitis, the genetic disorder Machado-Joseph, depression, gastrointestinal disease, heart problems, attention deficit disorder, autoimmune diseases, Hashimoto’s disease and cancer.”[4]

What neither the warning letters nor FDA’s complaint for seizure allege is that the camel milk products are adulterated or a threat to human health. As far as is known there has never been a case of foodborne illness in this country attributed to consumption of camel milk. Destruction of the camel milk products at the warehouse would be an absolute waste of healthy food.

It is estimated there are over 10,000 families with autistic children in the U.S. that purchase raw camel milk; many of these families pay $18 a pint or more for the product. There is a reason for that; parents of autistic children have found that raw camel milk and camel milk products can alleviate the symptoms of the condition known as autism spectrum disorder. The science backs them up [5]; pasteurized camel milk can be effective in alleviating the symptoms of autism as well though not to the same degree.

Earlier this year FDA released an article on its Consumer Updates page titled, “Autism: Beware of Potentially Dangerous Therapies and Products.”[6] In the article FDA warns about taking camel milk as a treatment for autism and autism-related symptoms. When FDA warns about taking a product for a disease, it is often because the product is a threat to the profits of the pharmaceutical industry.

FDA is seeking a court order to destroy over 4,300 8- and 16-ounce bottles of camel milk products; product that can help autistic children cope with their condition. The judge hearing the case has the discretion to release the product to Desert Farms.[7] If Walid Abdul-Wahab shows the court that any health claims are no longer on the Desert Farms website and social media and that he is willing to pasteurize the camel milk (with the interstate ban, he would have no choice if he wants the product released) and label the milk containers accordingly the judge could release the product to Desert Farms. Healthy food like this should not wind up in a landfill.

A court date for a hearing on the seizure petition has not been set yet.

[1] United States of America v. Camel milk products, et al, Kansas Civil Action No. 17-2609 (2017). Access docket files via Pacer.gov for Case #: 2:17-cv-02609-CM-KGS. Retrieved 11/18/2017 from Justia.com at https://dockets.justia.com/docket/kansas/ksdce/2:2017cv02609/118800

[2] FDA warning letter to Samuel P. Hostetler (DBA) Hump-Back Dairys, dated 12/19/16. Retrieved 11/18/2017 at https://www.fda.gov/ICECI/EnforcementActions/WarningLetters/2016/ucm534108.htm

[3] FDA warning letter to Desert Farms, dated 9/15/16. Retrieved 11/19/2017 at https://www.fda.gov/iceci/enforcementactions/warningletters/2016/ucm524663.htm

[4] United States of America v. Camel milk products, et al

[5] “Casualties of the Raw Milk Ban”, January 17, 2017, Farm-to-Consumer Legal Defense Fund website. Retrieved 11/18/2017 at https://www.farmtoconsumer.org/blog/2017/01/17/casualties-raw-milk-ban/

[6] FDA, “Autism: Beware of Potentially Dangerous Therapies and Products”, www.fda.gov updated April 12, 2017; originally published April 25, 2014 (see https://www.actcommunity.ca/resource/3565/). Retrieved 11/18/2017 at https://www.fda.gov/ForConsumers/ConsumerUpdates/ucm394757.htm

[7] United States Code, 21 USC 334(d). Accessible at https://www.law.cornell.edu/uscode/text/21/334

FDA Boxed in on Interstate Ban

For some time now, enforcement on the interstate ban of raw milk and raw milk products by the United States Food and Drug Administration (FDA) has looked to be an exercise in futility (only raw cheese aged 60 days or more is legal in interstate commerce). Thousands of otherwise law-abiding citizens violate the ban in this country on a regular basis. FDA has stated that it will not enforce the ban against individuals transporting raw milk across state lines for their own consumption; to the FDA, it is dangerous when someone is transporting raw milk for consumption by a group of people but is somehow safe when it is only for an individual.

FDA’s last enforcement action against a raw milk producer, concluded over five years ago, has not deterred demand; more consumers want raw dairy products than ever. FDA has never publicly acknowledged that the ban has been a failure but once again it has the opportunity to do so and respect consumer freedom of choice. There are currently two petitions before FDA on the regulation (21 CFR 1240.61) establishing the interstate ban—one filed by Organic Pastures Dairy Company (OPDC) and the Farm-to-Consumer Legal Defense Fund (FTCLDF) and the other filed by the Real Food Consumer Coalition (RFCC). Repeal of the interstate ban is long overdue; granting of the two petitions would be a significant step toward making that a reality. No matter what FDA decides, it is going to have to answer once again why it has not repealed a law that does not work.

On June 22, 2016, FDA received a petition from OPDC and FTCLDF requesting that FDA lift the interstate ban on raw butter. FDA’s only response to date has been a December 13, 2016 letter stating it needed more time to reach a decision on the petition. Federal law requires that FDA respond to a citizen petition within six months of its filing; unfortunately, the courts regard a statement from the agency that it needs more time as a satisfactory response.

More than anything the raw butter petition is a request to FDA that the agency obey the law; in establishing the raw butter ban, FDA violated and continues to violate the Federal Food, Drug, and Cosmetic Act (FFDCA). The FFDCA contains a statute governing standards of identity for foods. Standards of identity are requirements prescribing what a food product must contain to be marketed under a certain name in interstate commerce. For instance, the standard of identity for milk in final packaged form requires that it be pasteurized or ultra-pasteurized and that it contain not less than 8.25% non-fat milk solids and not less than 3.25% milkfat.1 FDA’s long held position is that the pasteurization requirement can be part of the standard of identity. Standards of identity are intended to promote honesty and fair dealing for the benefit of consumers.

Congress has given FDA power to issue regulations establishing standards of identity for most foods, but there are exceptions and one of those is butter. The FFDCA specifically prohibits FDA from establishing a standard of identity for butter; Congress has passed a law defining butter that serves as a standard of identity for the product. That definition does not require butter to be pasteurized. The petition asks FDA to abide by the statutory standard of identity and to stop breaking the law in the name of the law.2

FDA justifies the ban on the grounds that it has the power to regulate communicable disease, a claim the federal government’s own statistics show has no foundation. If raw butter can be banned under this power, just about any other food could be, as well. The citizen petition notes that since the Centers for Disease Control (CDC) created the Foodborne Outbreak Online Database in 1998, not even one foodborne illness outbreak has been attributed to the consumption of commercially produced raw butter.3 There is one 2007 outbreak in Utah where homemade butter was listed as a possible cause for an outbreak as were raw milk and homemade soft raw cheese; given butter’s food safety history, it is likely that the milk or cheese was the cause.

The irony is that possibly more than any other raw dairy product, consumers purchase raw butter for its health benefits. FDA can do better than violate the law by banning a product that doesn’t make people sick.

The RFCC petition, sent to FDA on April 26, 2017, requests that:

“FDA exercise its enforcement discretion to avoid taking, and to cease taking, enforcement action against those who distribute unpasteurized milk and milk products in interstate commerce when the milk products bear labels that include in conspicuous bold face type prominently displayed on the statement of identity for the product: (1) a warning regarding the health risks of unpasteurized milk and milk products; and, when applicable, (2) instructions for safe handling, including self-pasteurization.”4

There is a precedent for the warning label requirement; another regulation, 21 CFR 101.17(g) requires that there be a warning label with a specific statement for juice that has not been pasteurized. The warning label and safe handling statements are intended to provide information and education to the consumer to address FDA’s concern that the agency needs to protect people from themselves.

The petition notes that the request it is making is in line with presidential executive orders issued earlier this year to reduce the regulatory burden on a Regulatory Reform Task Force that is required “at a minimum” to identify regulations that “eliminate jobs, or inhibit job creation; are outdated, unnecessary, or ineffective; impose costs that exceed benefits; create a serious inconsistency. . .”5 The quote is a good description of the interstate raw milk ban.

The RFCC consists of members of some of the bigger food buyers clubs around the country obtaining raw milk, including many mothers who will do whatever it takes to access the foods they believe best for their children’s health, even if that means violating ill-conceived regulations banning foods they have a legal right to consume.

The two petitions are pushing FDA to reevaluate the ban and do the right thing by repealing it. It is time for the FDA to honor freedom of choice and get rid of a regulation a federal judge once described as being in a state of “desuetude,”6 a word meaning “not being used.” A law not worth enforcing is not worth having on the books.

FTCLDF Code of Regulations states that a goal of the organization is “overturning the federal regulation banning the interstate shipment of raw milk (and raw milk products) for human consumption.” That day is getting closer. Thanks to  your support, FTCLDF and other raw milk advocates are winning this battle. Help us continue our push towards ending the ban by attending our fundraiser or by making a donation.

1 Farm-to-Consumer Legal Defense Fund. Raw Butter Is a Communicable Disease. June 23, 2016. Posted online at https://www.farmtoconsumer.org/blog/2016/06/23/raw-butter-communicable-disease/
2 Mark McAfee and Farm-to-Consumer Legal Defense Fund. Citizen Petition to Lift Interstate Ban on Raw Butter. p. 5 Posted online at
3 Centers for Disease Control and Prevention. Foodborne Outbreak Online Database. Posted online at https://wwwn.cdc.gov/foodborneoutbreaks/
4 Emord & Associates. Citizen Petition to Exempt from 21 C.F.R. § 1240.61(a) Certain Unpasteurized Milk and Milk Products if Properly Labeled. Posted online at http://hartkepr.com/wp-content/uploads/2017/05/2017-4-26-RFCC-Petition-GoFundMe.pdf
5 Ibid.
6 Judge Mark Bennett. Memorandum Opinion and Order Regarding Plaintiffs’ Motion to Amend Judgment. May 1, 2012. [PDF]

Raw Milk Dairy Under Investigation

CDC accuses Millers Organic Farm of causing raw milk illness

CDC accuses Millers Organic Farm of causing raw milk illness

A Pennsylvania Raw Milk Dairy Under Investigation by government agencies?

The raw milk dairy under investigation is Miller’s Organic Farm in Pennsylvania, which we wrote about several weeks ago when the CDC accused them of causing illness in 2 people.

David Gumpert has been uncovering additional facts in the case agains this raw milk dairy and reporting about it on his blog.

In his most recent article, he states

“If owner Amos Miller fails to allow inspection of his facilities by the deadline, the U.S. Justice Department “will be forced to initiate enforcement proceedings,” it said in a recent letter to the Pennsylvania farmer. While the Justice Department didn’t say exactly what it plans, presumably it will seek either an injunction of some kind, or a similar action, which would ostensibly restrict sales of Miller’s food and impose severe fines or raids for violation of a court order.”

“Regardless of which agency takes the legal lead, the government’s intent is to challenge Miller’s on the basis of safety rather than the legitimacy of private food distribution. Government lawyers know that it will be much easier to convince a judge to enforce an injunction or similar legal device based on fear-mongering than on the legal aspects of private membership associations.”

Since Miller’s Organic Farm operates as a private membership association so that others can enjoy the raw milk and other raw dairy products, this is an important case to watch. When the FDA, USDA or state level agencies target one farm for “enforcement,” they are effectively targeting all who want access to nutrient dense and healing foods. Including and most especially fresh raw milk from grassfed cows.

An email address is set up to collect testimonials about products from Miller’s Organic Farm and all letters of support. Send emails to WriteToMillers@gmail.com

For a virtual tour of the farm and the family who operates it, see the recent post on Nourishing Liberty about Miller’s Organic Farm

We will continue to update this situation as it changes.

To learn more about raw milk and other nutrient dense foods, visit westonaprice.org

Is the FDA Quietly Beginning a Campaign Against Raw Milk Cheese?

Maybe it is because it is considered “artisanal” or maybe because it is camouflaged in grocers’ coolers among other cheeses but, for whatever reason, unpasteurized cheeses have never produced quite the same uproar as has raw milk. That might change in the future – David Gumpert is watching the FDA and, on his blog The Complete Patient, he suggests that the FDA is quietly gathering information to begin a campaign against raw milk cheese.

Gumpert noticed that the FDA recently posted a notice on its website that it is seeking input to help it “minimize the impact of harmful bacteria in cheeses made from unpasteurized milk” and is particularly interested in “learning more about the standards and practices in use by…the growing artisanal cheese manufacturing community.”

While this might seem to be an innocent start of an ongoing dialogue between the FDA and the cheese community, Gumpert points out that the FDA does not currently have any evidence of illnesses caused by raw milk cheeses. Gumpert suspects that the FDA appears to be looking for data that will allow it to ultimately try to ban raw milk cheeses.

Read more here.

Support the Campaign for Real Milk, join the Weston A. Price Foundation, today!

Is the FDA Falling Behind Other Countries in Raw Milk Run?

In July 2014, the United Kingdom’s Food Standards Agency released a report on raw milk that took into account the opinions of over 100 raw milk consumers. Their findings concluded that both consumers and producers “…hold a strong view…that there should be wider accessibility to raw drinking milk but this should still be managed and controlled.”

In exploring how they could take a more lenient approach to raw milk consumption in the United Kingdom, the FSA said it was open to allowing the sales of raw milk through vending machines – which would increase sales within a controlled environment.

David Gumpert, author of The Complete Patient blog, points out that this new report, in addition to New Zealand’s recent consideration of more lenient raw milk regulations, means that the FDA could quickly be becoming internationally isolated on the issue of raw milk.

The Campaign for Real Milk is a project of the Weston A. Price Foundation, a nutrition education non-profit based in Washington, D.C. To learn more about raw milk and other nutrient dense foods, attend one of the upcoming Wise Traditions conferences.

Popular Wisconsin Raw Cheese Producer Stops Production

In August, Wisconsin-based Rush Creek Reserve announced it would stop making its popular raw milk cheese, due to uncertainty over pending FDA regulations related to raw cheese.

“Food safety officials have been unpredictable, at best, in their recent treatment of soft, raw-milk cheeses, and until our industry is given clear and consistent guidance, we are forced to stop making these cheeses,” said co-owner Andy Hatch.

He added that he hoped the halt in production would be temporary, but loyal customers have already taken to Twitter to express their outrage: @cheesegeek wrote, “The premature death of Rush Creek Reserve is the canary in the coal mine for all American raw milk cheeses.”

The Campaign for Real Milk is a project of the Weston A. Price Foundation, a nutrition education non-profit based in Washington, D.C. To learn more about raw milk and other nutrient dense foods, attend one of the upcoming Wise Traditions conferences.

FDA bans French cheeses

The U.S. Food and Drug Administration (FDA) recently moved to prohibit the sale of cheeses people have happily made and consumed for millennia.  The agency claims these cheeses full of healthful bacteria are too risky. They issued a ban on imports of French cheeses that exceed “FDA approved” bacteria counts.

The artisan cheese making process involves inoculating milk with select bacteria and encouraging their proliferation to make a safe and delicious product. The FDA’s move means that even such probiotic bacteria now falls under suspicion.

The rule is not new; it has been in place since 2010 but it is only now being enforced leading to the confiscation and removal of highly coveted fine French cheeses.

David Gumpert gives an excellent update and analysis on the situation on his blog.

The Campaign for Real Milk is a project of the Weston A. Price Foundation, a nutrition education non-profit based in Washington, D.C. To learn more about raw milk and other nutrient dense foods, attend one of the upcoming Wise Traditions conferences.