Pinata

Fun and games, beating up on a piñata.

One big positive to emerge from the Joyce Brown situation I described in my last post was her report that the Ohio Department of Agriculture appears to have washed its hands of the raw milk political piñata that other regulators can’t get enough of.

In one of her emails last fall to a herdshare member of Highland Haven dairy, she declared, “It was pretty clear to me in my conversation with the ODA Dairy Chief that their stance is ‘herdshare people know the risks they are taking, so we’ll leave ’em alone and let ’em take those risks.’ The other thing that was clear to me is that the ODA NEVER wants to have to regulate raw milk.”

I gather Brown was able to get the ODA official to speak candidly because she was waving around her DVM (veterinarian) credential.

It’s not often we get candid assessments from raw milk regulators about enforcement in their states. These enforcers usually avoid speaking publicly about their approach to raw milk—I presume because they continue to view it as ongoing us-against-them political warfare and so don’t want to tip their hands.

That bit of clarity from ODA turns out to be relevant, and timely, to two emerging enforcement situations developing over the last few weeks, in Illinois and California.

There was a report on a Facebook raw milk page a few days ago, and then in Chicago media, that Illinois, after years of intense debate, has adopted rules put forth in 2014 that limit the distribution of raw milk to the farms where it is produced; the intent is to eliminate deliveries to consumers in cities like Chicago. This comes after years in which Illinois has taken a hands-off approach not unlike Ohio’s, allowing herdshares to flourish. Now, shocked farmers and consumers are expressing fear of government raids on raw dairies.

The weird thing about the Illinois situation is that there is nothing posted online about the supposed new rules—what they are, what approvals must still occur. On the Facebook Illinois raw milk page, I linked to an article I wrote in 2014, in which Illinois public health officials complained that local prosecutors wouldn’t cooperate in filing criminal charges against raw dairies. I also expressed the view on the Facebook page that Illinois raw dairy farmers should go about their business and ignore all the ruckus about some rules being made somewhere, one farmer objected:

“David, if a swat team shows up to my one cow dairy and hauls me off, who will be left to care for my animals? No one. I have no back up milker. And since this is to be enforced at the county health department level, at no expense to the mismanaged state, you can be sure it will happen. Why do you say there is a reluctance to prosecute, since until now, or rather on July 1, there haven’t been any rules by which to prosecute.”

To which I responded: “Sorry to sound crass, but if you are going to run your dairy in fear of swat teams, you are behaving exactly the way the public health people want you to behave. They are continually engaged in fear mongering–to consumers that they will get sick, and to farmers that they will get raided.”

But we know, because Illinois regulators said so in another of those rare moments of honesty, that local prosecutors have previously refused to carry out the wishes of Illinois pubic health officials and go after raw dairy farmers.

A similar situation came up in California recently. A web page, dated November 2015, suddenly appeared on the site of the California Department of Food and Agriculture, entitled, “Regulatory Requirement for Distribution of Milk for Raw Consumption in California”.

Its intent was clear. It was directed at the dozens and dozens of herdshares that have sprung up in the state over the past half dozen years, when it said, “It is unlawful for any person to sell, give away, deliver, or knowingly purchase or receive any milk or product of milk that does not conform to the standards established by Division 15 of the Food and Agricultural Code (FAC § 32901). Such milk and milk products include raw milk and raw milk products that are sold for cash, given away for free, or offered to consumers in the form of shares, exchange, trade or other distribution.”

The new web material makes mention of $10,000 fines and up to one-year jail sentences for violators. But it doesn’t say if those penalties have been enacted by the legislature; last I heard, regulators don’t have the authority to sentence farmers, or anyone, to jail.

Nor is there any mention on this mysterious web posting about the ‘working group” of dairy owners and CDFA officials that convened for several years between 2010 and 2013, to supposedly work out approaches for state oversight of the California dairy herdshares. As Mark McAfee commented: “in the past, CDFA has considered cow shares to be a grey area that was outside of its regulatory standards. Well…not any longer.”

As in Illiinois, we know that California prosecutors don’t want to go after small dairy farms. They have told CDFA officials to find more serious criminals than raw milk producers to prosecute.

Yet the regulators in these states seem unable to let go of raw milk as a political pinata. They might want to re-learn their history, and examine the situation in Ohio, where a few raw dairy farmers refused to roll over back in 2005 and 2006, and forced pro-raw-milk legal rulings that caused the governor to order the regulators to stop beating up on raw milk. Or in Michigan, where farmer Richard Hebron similarly refused to roll over in 2006 and 2007, causing the state to finally sanction herdshares. Or in Wisconsin, where regulators are still stinging from the rebuke they received from jurors in the Vernon Hershberger criminal case in 2013, and practically gag when you mention raw milk to them.

The regulators in Illinois and California seem to be angling for a last few hits at the raw milk pinata. I hope there are farmers willing to take up the challenge, and raw milk consumers ready to back them via demonstrations, funding, and moral support.

It seems clear that some regulators can’t resist the draw of the raw milk political pinata, even as illnesses from raw milk continue to decline, and the popularity of raw milk explodes. I’m afraid it’s going to take some brave raw dairy farmers in Illinois and California to perhaps start a new game, maybe one where the regulators’ heads serve as the piñata.

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There will be one of those rare candid discussions between supporters and opponents of raw milk at the winter conference of the NOFA-NJ (Northeast Organic Farming Association) January 30-31. I’ll team up with Joseph Heckman, professor at Rutgers University, to discuss with Don Schaffner, also a Rutgers professor, and an associate, “Should NJ Farmers be Permitted to Distribute Local Fresh Unpasteurized Milk?” Our session is at 1 p.m. on Sunday January 31.