I want to thank Regulator…first, for risking him/herself on this blog, where regulator types haven’t always been well received and, second, for providing an articulate explanation of the challenges likely to confront farmers and other distributors of raw milk as it becomes more widely consumed. (Regulator’s comment follows my previous post.)

What I find most interesting is that the regulation argument seems to have shifted. For a long time, the focus of regulators has been to issue public service “warnings” demonizing raw milk as completely unsafe. But Regulator’s comment appears to signify a new level of acceptance, as if to say: If you can’t beat ‘em, join ‘em.

Thus, there’s a hint of conciliation, an acknowledgment that the regulators can’t stamp out raw milk consumption. Then it becomes a matter of discussing how to make it all happen, which is a much different discussion than much of what has gone on.

Not surprisingly, the shift is followed by the “but” argument, as in, “Lots of people may want to consume raw milk, but you’ll never get past the legal and insurance arguments.”

Regulator seems to be saying that the insurance companies haven’t caught on to the potential risk they are facing via the growing number of farms producing/selling raw milk. And the legal system isn’t equipped to handle raw milk’s “special” status.

A number of readers object to Regulator’s assessment based on legalities and rights. A cowshare, they argue, shouldn’t be subject to the same legal constraints as other types of conventional distribution. In that context, it’s difficult to ignore the reality that cowshares have become popular in significant measure because most states interfere in one way or another with conventional distibution of raw milk.

But aside from rights and legal obstacles, I wonder if there isn’t another simpler, experience-based factor, at work: Maybe, just maybe, the insurance companies haven’t presented an obstacle because raw milk contamination/illness isn’t a big problem.

We know that, statistically, raw milk is a tiny blip in the food-borne illness world. We also know that people who are sickened by raw milk, just as with other food-borne illness, generally experience mild stomach upset, and recover pretty quickly. For that reason, and also because they go into raw milk consumption understanding the slight risks, raw milk consumers aren’t inclined to sue in any event. There just aren’t many Chris Martin and Lauren Herzog type situations (the children who became very ill, allegedly from raw milk consumption, during September 2006).

One other thing: the insurance situation isn’t as foreign to raw milk as Regulator would have us believe. It’s generally provided as product liability insurance.

I’m sure Mark McAfee’s insurance company knew what he was up to before issuing Organic Pastures Dairy Co. the insurance that provides coverage in these situations. That insurance company is handling OPDC’s defense of the legal suits by the families of Chris Martin and Lauren Herzog (currently in the deposition phase).

I haven’t investigated insurance issues as affects raw milk in general, but if it’s like other areas of business, it’s tougher for the small provider than for the large one. That’s because product liability insurance is proportionately a bigger part of the expense ledger for a small business than a larger one. So smaller ones, especially in the startup stage, are often tempted to do without. Dee Creek wound up obtaining some coverage from business-related insurance to help in a $70,000 payout after two families filed suit in connection with illnesses in 2005 from its raw milk, but didn’t have an easy time.

Yes, there are issues around whether there’s less risk of illness from small producers of raw milk than from large ones, as An Observer suggests. The further goods need to travel, the less fresh the product is and the more subject it is to the vagaries of refrigeration. And there is the matter of how to communicate warnings about raw milk, as Steve Bemis has pointed out.

But really, these are solvable “details,” as it were. Not minor, but solvable. The big nut to crack is getting regulators to shift their approach–from the notion that raw milk represents a mortal public health danger to one that raw milk is a nutritious food that growing numbers of consumers highly value for its health benefits…and given that, how do we help them acquire it, rather than throw roadblocks in their path?

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To those individuals who were having difficulties posting comments because of a security certificate problem, I have been in communication with the hosting company–and not getting practical solutions as yet. But if you’re still having difficulties, would appreciate any details you can provide on the exact nature of the problem. You can email me at david@davidgumpert.com.