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I always sensed youth football was a dangerous proposition, but I never realized just how dangerous.  Recent studies show that at least 9,000 children each year suffer concussions–potentially serious brain injuries–playing youth football like Pop Warner. Some 25 children died playing high school football in the ten years between 2003 and 2012; six have died this year alone. 


I throw that data out there to suggest the depth of the hypocrisy going on over raw milk regulation in that football mecca of the Northeast, Foxborough, MA. The Board of Health in the home of the New England Patriots has just posted a revised draft of proposed regulations targeting the last remaining dairy of any kind in the Boston area’s Norfolk County, Lawton’s Family Farm. 


The revised draft is meant to replace the draconian proposal I wrote about in my previous two posts. The main proponent of these regulations, board member Eric Arvedon,  indicated to me following the aborted Board of Health meeting last Monday that some of the most obviously harassing items had been removed, like the requirement for weekly testing and the board’s option to shutter the dairy for up to 30 days if any tests for non-pathogenic bacteria come back above the town’s very tight limits. 


But remaining are two requirement that clearly have nothing to do with safety, and are instead designed to harass seriously enough to continue threatening the existence of the dairy, Lawton’s Family Farm. 


One requirement is for $3 million of liability insurance. As Mark McAfee points out in a comment following my previous post, “The requirement for insurance at the $3 million level is unheard of. I have never heard of such a regulatory policy. It may even be unconstitutional. I cannot think of any authority that would vest the power to mandate insurance. Insurance is not in the realm of regulatory authority. I can think of no other food that is mandated to hold insurance. This is an issue between the producer and any retailers or the consumers, but not the regulatory government agencies or local townships.”


The other requirement is that Lawton’s Family Farm’s “list of current customers shall be made available to the Board of Health upon request.” In other words, the list isn’t something the town can only demand in the event of an outbreak of illnesses possibly associated with the dairy’s milk, but rather at any time it suits the board’s whims, and to include addresses, phone numbers, and email addresses. 

 

What possible purpose would the town have in demanding a list of the farm’s customers? The only purpose I can think of would be to share the names with the U.S. Food and Drug Administration and other state agriculture and public health agencies that have themselves been collecting such names for the last five years as part of their confiscation of computers in raids on Rawesome Food Club in California, Vernon Hershberger’s Wisconsin dairy, Alvin Schlangen’s farm in Minnesota, and several Amish dairies in Pennsylvania, among others. 

 

Terri Lawton, operator of the raw dairy, says that the farm has liability insurance, but she declines to discuss details because she feels the matter is a distraction from the real issues. “We find the proposed regulations unacceptable,” she told me. “The state does a good job of  regulating raw milk. The inspectors at the state level are experts. I like things being regulated by experts…..It is clear by the way the (Foxborough) regulations are written that they have a steep learning curve. The people in Foxborough shouldn’t have to pay for the training required” to get the local regulators up to speed when the state is already providing the regulation. 


The town’s initiative to take over raw milk regulation from the state “isn’t being done to improve public health,” Lawton says. “If this was really a public health issue, there would be illnesses, and there aren’t.” Indeed, there haven’t been any from a dairy licensed by Massachusetts to sell raw milk, at least since the state took over its most recent regulatory role in 1993, via the Massachusetts Department of Agricultural Resources, she says. 


More troubling to Lawton is the provision in the revised regulations (as in the original ones) requiring handover of the dairy’s customer list to local regulators. “That is unacceptable.. Our customers place trust in us, for the quality of our products, and for their privacy. We have no plans to violate our customers’ trust.”


The timing of the re-scheduled meeting for consideration of the revised raw milk regulations hasn’t yet been made public; it needs to be held at a larger facility than the town office where the meeting was attempted last Monday, and aborted because 140 people showed up for a facility that could only seat 79. 

 

This situation could be seen as an isolated incident–one small town’s misguided move to harass a local farm, based on some past grudge or another. But when it comes to nutrient-dense food, especially raw milk, we know that seemingly minor, even innocuous regulatory and legal initiatives have a way of popping up in multiple locales. That’s been the case with local regulators in a variety of places using zoning laws to harass small farms. 


That’s why it is essential we remember that the effort to force Lawton’s Family Farm out of business has nothing to do with food safety, or public health of any kind. While children’s football injuries pile up, a National Football League town conjures up fears about a public health issue that doesn’t exist, for the simple purpose of depriving people of healthy food.