IMG_1597.JPGOne of the most important ideas to come out of the California raw milk hearing last week is that raw milk is an entirely different product from pasteurized milk. This is pretty obvious to those of us who consume raw milk, and appreciate the differences in its production and composition versus pasteurized milk, but it’s not obvious to much of the rest of the world, including regulators and public health experts, who tend to view it as untreated/unprocessed milk (i.e. dangerous).

Several witnesses at the hearing, including Sally Fallon of the Weston A. Price Foundation, testified that coliform counts originated as a milk-testing standard to determine the effectiveness of pasteurization, not as a way to measure the safety of raw milk. I sensed that the main reason many of the attendees at the hearing were so encouraged was that Sen. Dean Florez seemed to internalize that fact, and didn’t come at raw milk as some kind of hot potato, so to speak.

I raise this point because, in the end, recognition that the products are different will be the key determinant in whether the proposals to loosen the coliform standard, implement a HACCP (Hazard Analysis and Critical Control Point) program, and do pathogen testing—which look likely to replace AB1735—will really work. In other words, the regulators are going to have to change their attitudes toward raw milk from “dangerous” food to separate food category. If they view it the way they view beef, pork, and eggs, then they won’t always be looking to make trouble.

If the AB1735-replacement-approach really works, California could become a pioneering model for the wider availability of raw milk around the country. More consumers could gain regular access to raw milk in their retail stores. This isn’t to say that there aren’t a significant number who wouldn’t prefer to go directly to the farm and know exactly what they are getting.

I think this vision helps explain why Mark McAfee, the owner of Organic Pastures, is so excited, per his comment on my previous post. He sees the possibility of the anti-raw-milk forces embracing the reassuring standards associated with HACCP and pathogen testing.

My feeling, based on all I’ve seen over the last two years, is that we’re still a long way from the regulators changing their stripes, especially considering that the California Department of Food and Agriculture boycotted the California Senate hearing last week. Representatives of its mentor organization, the U.S. Food and Drug Administration, have stated that making raw milk more widely available “is not a debatable issue.”

Mark has a right to be excited over the progress that came out of the California Senate hearing last week, especially since it was so much his doing. And he sees hope for realizing his vision of expanding OPDC much further. (In the photo above, Mark sprays clean the Organic Pastures mobile milking trailer last week, prior to the milking of his cows.)

Until CDFA demonstrates that its attitude has changed, I caution Mark to make sure all the i’s are dotted and the t’s crossed—i.e. that the CDFA is either truly on board or else excluded from enforcing the HACCP plans (and they’re completely audited by nonpartisan private auditors).

Right now, we don’t have any encouraging models about use of HACCP plans as part of raw milk regulation to encourage peace between regulators and producers. In his comment on my previous post, Mark states that Australian dairies use HACCP plans. Yet the pro-raw-milk microbiologist from Australia who testified in Sacramento last Tuesday, Ron Hull, noted that “Australia has not legalized raw milk,” making Australia much more restrictive than the U.S. So the Australian dairies using HACCP plans are conventional dairies, overseen by sympathetic regulators. Moreover, Dr. Hull testified, “HACCP plans can be effective. But they can be a lot of gobbledygook. They are great for bureaucrats.” Combine gobbledygook and bureaucrats and you have the potential for big trouble.

Remember, the bureaucrats don’t have to score a victory to win. They can accomplish their goals via harassment and obfuscation, and HACCP plans can provide a new vehicle for both. If the regulators go that route, I’m not certain Sen. Dean Florez will be there to rescue California’s raw milk dairies the next time around.