Back in late 2012, the president of the American Cheese Society wrote a flowery letter to John Sheehan, the chief dairy regulator at the U.S. Food and Drug Administration, about “our goal to work in partnership with FDA…” The ACS president, Greg O’Neill, concluded by thanking Sheehan “for your continued recognition of the unique nature of the artisan and specialty cheese industry.”
Now, nearly three years later, the flattering talk of partnership is pretty much gone, and in its place the ACS is pushing back hard against the FDA’s seemingly endless inspections of raw milk cheese producers and requests for information concerning raw milk cheese—all clearly geared toward finalizing a policy restricting raw-milk-cheese availability.
In a new 12-page document issued by the ACS to its membership, entitled “Response to U.S. FDA Request for Information Regarding Safe Production of Cheese from Unpasteurized Milk,” the organization at long last expresses a sense of frustration over yet a further inquiry by the agency into raw milk cheese. The frustration is expressed diplomatically, but it is clear, such as in this statement at the start of the report: “ACS seeks to understand FDA’s renewed focus on the production and sale of cheese made from unpasteurized milk.” As in, why do you guys keep asking us the same questions over and over, when we’ve told you over and over that American made raw milk cheeses are one of the safest foods out there?
Based on the FDA’s questions and ACS pushback in its answers, there’s clearly a failure to communicate. Here are questions and concerns the FDA presented to the ACS, and the ACS response:
*The FDA seeks an explanation from ACS regarding a 2012 survey of food borne illnesses between 1993 and 2006 in which, the agency says, “forty-two percent of the 65 cheese-associated outbreaks (i.e., 27 outbreaks) were attributable to products manufactured from unpasteurized milk…”
To which ACS says raw milk can’t be identified as the culprit, that “the issue is not so much the use of unpasteurized milk, but the illegal, unlicensed production and importation of cheese in general….A broad spectrum of problems unrelated to the milk itself may be erroneously attributed to lack of pasteurization.”
*The FDA questions the entire premise of the 60-day aging period for raw milk cheese, in place since the late 1940s, saying, “The aging period for cheese manufactured from unpasteurized milk was presumed to act as a control measure to reduce the risk that pathogens would be present when the cheese was consumed. However, the available data and information raise questions about the safety of cheese manufactured from unpasteurized milk, even when aged. …”
The ACS isn’t having any of it, noting, “Recent recalls and outbreaks linked to dairy products clearly show that post-production contamination poses a significant risk. The aging period for most cheeses does act as a control measure to reduce the risk of pathogens that could be present in cheese.”
*The FDA probes further into whether cheese producers are relying unduly on the 60-day aging rule to reduce risk of pathogens: “To what extent do producers of cheese manufactured from unpasteurized milk solely rely on an aging period to significantly minimize pathogens that may be present in unpasteurized cheese? If such producers rely on control measures other than the aging process, what are those control measures and what is the prevalence of those control measures among such producers? How effective and practical are these control measures?”
To which the ACS suggests that, of course, cheese makers use other control measures besides the aging: “No manufacturer should rely solely on one process to ensure the safety of food. Cheese producers rely on the full cheesemaking process to control potential contaminating organisms. This includes efforts to ensure a clean milk supply; control acidity, salt and moisture; and careful time and temperature control; among others. Some producers use antimicrobial treatments (where allowed) and varying levels of heat treatment.”
*The FDA persists, wondering about the 60-day aging for pathogens other than listeria monocytogenes. “Research and a literature review show that pathogens can survive the 60- day aging process for cheeses manufactured using unpasteurized milk. For pathogens other than L. monocytogenes, is a 60-day aging period effective in adequately reducing a broad spectrum of pathogens that could be in cheese manufactured from unpasteurized milk?”
The ACS pushes back, essentially saying the question is ridiculous. “Substantial research indicates that, for most cheeses and most pathogens, aging contributes to food safety. Given the body of scientific research on the fate of pathogens in various cheeses, FDA’s question is unclear.”
*The FDA switches gears, and inquires about alternatives to the 60-day aging period for controlling listeria monocytogenes. “Determine whether, consistent with modern international approaches to food safety, a performance objective (or standard) for L. monocytogenes should be used as a replacement for the 60-day aging requirement and whether a second performance standard for Gram-negative enteric pathogens should also be used.”
The ACS shows irritation on this one, as if to suggest, we’ve already answered this question. “FDA’s continued focus on Listeria monocytogenes with regard to cheese manufactured from unpasteurized milk remains unclear. This organism is a known post-processing contaminant that has historically, and very recently, affected pasteurized products. Listeria is rarely associated with the use of unpasteurized milk for the manufacture of cheese.”
*Finally, the FDA inquires into “testing for pathogens of each lot of cheese manufactured from unpasteurized milk and of bulk shipments of unpasteurized milk. If testing is not currently being used, how practical would such testing be?”
The ACS seems to throw up its arms in frustration: “FDA’s practice of using test results as an indication of production problems has been counter-productive, actually discouraging product and environmental testing. …Changes in FDA culture will be needed to encourage producers to conduct and share testing results. The practicality of testing each batch, or at frequent intervals for continuous process operations, would depend on the size of the producer. Small processors would find too much damaged product and prohibitively high costs relative to their sales if they were to test every batch.”
*The FDA concludes by trying again to put the ACS on the spot about raw milk cheese, with these questions: “To what extent are consumers aware that an aging process has had (and may continue to have) a role in food safety as well as a role in the particular type of cheese produced? To what extent do consumers consider whether a cheese is made from pasteurized or unpasteurized milk in making purchase decisions?”
The ACS reminds the FDA of the outpouring of consumer upset when the agency threatened cheese aged on wood boards: “We do know that many consumers have a strong preference for cheese made using traditional cheesemaking practices, as evidenced by the outpouring of support from consumers, media, and elected officials when the practice of aging cheese on wood surfaces was jeopardized in 2014. Based on sales of such cheeses, consumers do appreciate cheeses made from unpasteurized milk, and often choose raw over heat-treated milk cheese when given the choice. The experience of our membership is that many customers are aware that cheese made from unpasteurized milk in the U.S. must be aged for 60 days.”
Will the ACS pushback make a difference? Probably not. The FDA has been on this anti-raw-milk cheese crusade for 11 years, and shows no sign of stopping till it enacts restrictions, perhaps eliminating the 60-day aging rule and substituting something much more onerous. At least the ACS has learned something about partnering with the FDA—that it’s a give-and-take relationship: ACS gives and the FDA takes.
Several things:
Sheehan must go
Their are literally no few if any illnesses and no deaths related to truly raw cheeses aged 60 days.
UC Davis PhD food safety experts clearly say that listeria is related to processed milk and cheeses not raw milk or raw milk cheeses!!
The FDA never separates truly raw cheeses from thermalized milk cheeses from pasteurized cheese products. Fake raw thernalized cheeses are just that…fake!! Many of these incidents are commingled together. The true emergency can be found in the national news….it has been pasteurized cheeses that have recently killed several consumer. Roos cheese, Craven brothers both pasteurized and both killed and sickened many!!
Why is the FDA pressuring raw cheese, when the real threat is pasteurized cheese. Like a magician….the fda is saying look over here, when the real problem is look over there!!
Again….retire Sheehan.
We are a Foodie Activist Nation. Foodies love raw dairy products. The FDA needs to get a clue. Paleo, Primal, Vegetarian, WAP, the American Cheese Society, Moms groups, Congressmen, Senators, Oprah, our First Lady, our president, Dr. Oz….everyone loves a great raw cheese!! The FDA has just breached a real line on the plate.
Sheehan really needs to reconsider who he is screwing with….could cost him his paycheck.
Lastly….huge breaking news to be announced and shared at the WAP Anaheim conference next weekend regarding raw butter and the FDA….can not wait to share!!!
Hint….the FDA is about to have their butts kicked!!!
Dave Wetzel should be happy that Sheehan doesn’t have jurisdiction over the FCLO realm.
I used to think Sheehan was just playing dumb, asking all sorts of ridiculous questions to which he already knew the answers. Now I think he’s just plain dumb.
Attention FDA: please focus on important stuff you MUST know is causing problems. I dare them, I outright dare them, to find a powdered infant formula which doesn’t contain rancid oils. Now there’s something they should be concerned about, but no, they’re attacking real foods, not manufactured slop.
This sounds kind of like police interrogation techniques. You keep asking the same questions in different ways until you get an answer phrased in a way that you can turn it against the subject or catch them in an inconsistency. It’s not that they are stupid or that they don’t understand. It may be that they CAN’T understand, because they are coming in with preconceived notions. They keep asking and digging because they are not getting the answer that they want and expect which is something along the lines of, raw milk cheese is very risky and perhaps a constant outright safety hazard regardless of production methods and the people that consume it are religious-like zealots who are willing to risk it, or people who are uninformed and duped into using this unsafe product.
Good point, Steve, about the comparison to police interrogation techniques. The people at the FDA tend not to be good listeners, even if they were inclined that way….and they’re not, especially when it comes to anything having to do with raw milk.
I wanted to thank you, David G., for NOT using that “convict’s face” photo of Sheehan this time! At least I don’t have to cover my eyes every time I come to this topic. =) Much appreciated!
Steve, dude. You’re sharp, man. I’ve got a degree in psychology and I know all about those techniques. You’re right on target.
I find it tremendously promising to see the scientists in the EU year after year publishing and peer reviewing studies about raw milk as a therapeutic food. Because foods are not patentable….this just does not happen in the USA. But it happens in the EU and it flies in the face of FDA regs, restrictions against medical claims and big pharma market protections. Soon…very soon, the FDA house of cards will crumble. The word is getting out that pharma treatment for Crohns is a fate worse than Crohns itself. Those that have found raw milk Kefir avoid colostomy and pharma side effects including death and cancer!!! And recover fully.
How stupid does the FDA think “we the people actually are?” We can read the NIH funded human genome reports ourselves. It does not take a phd to figure out that pharma drugs are some of the most inflamatory interventions in medicine and kill vast numbers of patients each year. Foods that rebuild the gut…..kill none but work great!!!
Speaking to the choir again. But you all know….I am pleading our case to those at the FDA that need to hear this repeatedly!!
Thank you for sharing your passion and your knowledge Mr. McAfee. Keep up the good work. Real food for all who choose it or bust.
The ACS is going to have to push back mighty hard if they want to make any headway against the North American corporate sponsored bureaucratic juggernaut, aka the FDA. Indeed, an organization that seems hell-bent on going out of its way to hire individuals such as Sheehan, who use their savvy, narrow-minded, greater then thou attributes to achieve the utmost in top down control.
What the ACS doesn’t want to do is get drawn into, (although it seems inevitable that they will due to its pervasive nature in our North American society), is this overstated germ focused debate about food safety. Indeed, a debate that demands and relies heavily on a never-ending and misleading array of ambiguous statistics and testing!!!
Mark, In Europe and other parts of the world where food is much more valued and its traditional role deeply and passionately ingrained in the psyche of its people, government regulators tend to be much more accommodating, as apposed to what is currently observed in our North American society where the view of food is governed primarily by efficiency and it’s so-called regulated cleanliness.
@ David: This is OT, but I’m just wondering if the style of this blog’s comment section changed since yesterday or if my computer did some weird formatting unbeknownst to me? The up and down “thumbs” are gone and the print is BIG, and the way to comment has changed. Is it just my computer or was there a site change?
Also, it’s very hard to follow the sequencing of these comments unless people indicate whom they are addressing with EACH post.
Yeah, I notice that, too, D. I’ll have to have the webmaster check it out. And, no, not part of any conspiracy to control debate.
David, IMHO the best feature here besides your work to keep us informed from all sides, is that you are so tolerant of conflicting views and allow the adversarial voices to be heard. We wouldn’t want it any other way stay raw or join the enemy.
I think it can still be that way, with a variety of conflicting views and adversarial voices.
Me the real Joy, here, Dave G. the reply thing is not working under the article about the bad things Sally’s husband somehow thinks he has the right to do to women. Kerrie, trying to degrade Ann Marie, is saying that I am Ann Marie! The marionettes from WP and GP must be desperate or very well paid. I wish I was Ann Marie, I would like to be 40 again with two darling children and have all her drive and big vision.
My life is rather small and some what plodding, just doing creative work and surviving, happy mostly, but a small life. I coulda used her drive when I was younger! And “Happy Trails” is from watching the Roy Rodger’s show on old black and white TV, in the 50s, I do not know how Ann would even know it. God I feel like going into a speech from the play ” Vanya, Masha, Sonia and Spike, by Chistopher Durang, which won the Pulitzer. A speech about the TV shows from my era, The Ed Sullivan Show and Bishop Sheen and Senoir ( spelling? Wencellsous, the guy to talked with his hand, And I love Lucy and the Perry Como show and December Bride, and how we all had to lick stamps back then
and the record albums and 45s and how we had to hide under the desks, and we drank real Koolaid then, and people with cows and goats drank down raw milk with out thinking twice, The last few things are from my own life, not the play. And the hoola hoop and polio and alas the vaccine, and Elvis, God Elvis! I saw one of his early concerts, before the Army in Seattle, he was in a gold suit and wow, for a13 year old, who grew up in the country, that was really something. And American Band stand, when Dick Clark was really young. and how I would come home from school and watch it with my Mom. And the and the darned old Mouseketeers (sp?) And Flash Gordon, I would watch with my brothers and there were only three channels then, And no cable bill ,only an antenna, which you had to change around for each station and that Indian face in a circle when the channels went off the air at night and Jack Paar with his eccentric guests ,Jonathan Winters, and even Jack Kennedy before he became President! Before any presidential candidate did that sort of thing and how Jack Paar was so excited by the fact that JFK might win, and of course I remember Camelot, and my senior Prom dress, I designed myself to look like one of Jackie’s elegant gowns, Mom’s actually made their daughter’s prom dresses back then. Oh, and I remember young Johnny Carson on some quiz show, and even further back the televised witch hunts for members of the red party, good old Joe MaCarthy, and best thrill of all was STUDIO ONE with NY actors and I remember seeing young Dennis Hopper and Julie Harris and oh the production of THE CHERRY ORCHARD, I was 11 at the time or so and stood there transfixed, had never seen a play before! Of course I remember the day the President died, I was at college, pregnant with my son, and yes we all stared at the TV for hours that day. The word Hate is a good word Kerrie, it is honest and strong and good to use against people or organizations who want to continue to advocate FCLO, which can kill people and hurt their health, especially babies who have no choice in the matter. Tennessee Williams when asked why his plays were so strong and violent said ” plays are short, life is long” Clean honest, direct words are best when trying to save people’s lives. I write plays, and I do not care for your whispery, dry, turgid words. They make my stomach lurch. They are so like Laurie’s or was it Laura’s words. I do not think you are honest or caring or any good things I associate with a decent human being. I think you come on here to try and instill doubt or uncertainty in people who are really trying to find out about the dangers of FCLO, or the sexual harassment that has been going on at Weston Price, with Sally fully aware, And how rich that this awful man is charging money for his abuse. I agree with Ron, that this is just another cover up of the rotten core of Weston Price. Did you like my last quote to you about the thistles and all, well you aint gonna find it anywhere I wrote it, yep, catch Anne Marie doing that!
“You should never wear your best trousers when you go out to fight for freedom and truth” Ibsen.
Go read Ibsen’s play, “ENEMY OF THE PEOPLE” it is about the same thing that is happening here,
a man trying to save lives from the town’s poison waters and the town afraid of losing income from the tourists who come there to take the waters. So they vilify and torture him. Sound familiar?