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Posts Tagged ‘organic pastures’

David Gumpert: Here’s a Prediction: Organic Pastures Will Still Be Around When the AP Is a Footnote in History

Posted by kandylini on June 12, 2008

David’s take on the slanted AP article on OP is similar to mine.

Source: The Complete Patient Blog.

My first job in journalism was with the Chicago Daily News, a proud bastion of American journalism. I got hired while I was still in college as a copy boy. My job was to sit at the front of the vast newsroom with two or three other copy boys. Each time a reporter or editor yelled “Boy!”, one of us would jump up and scoot over to to grab freshly written or edited copy and deliver it around the building to the next editor or typesetting station for processing. (It didn’t matter that one of my co-workers was a girl, she responded to “Boy!”)

When I worked the four-to-midnight shift, my job sometimes included running over to the grungy Billy Goat Tavern (today it would be considered “funky”) down under Michigan Avenue, and picking up some whiskey for a columnist on deadline.

My favorite part of the job, though, was standing outside the press room, and watching through the clear glass the huge printing presses, which stretched for what seemed like a city block, humming and turning the rolls of newsprint into the next day’s “news.” I loved the smell of newsprint and ink, the mammoth size of the presses, the whole aura. Most of all, I think I loved the idea of being there on the inside as the day’s “news” was being packaged for shipment out to the community at large.

When the Chicago Daily News went out of business in 1978. I was very sad, just as I was for a number of years afterwards as other metropolitan papers failed or struggled. But as the trend has accelerated in recent years, I’ve come to realize that these behemoths of the establishment probably deserve to fail.

I know everyone blames the Internet, but the Chicago Daily News went out of business for the same reason the Associated Press will eventually fold of its own weight, and eventually most of the nation’s metropolitan papers will bite the dust: they lost contact, if they ever had it in the first place, with their readers, whom we might refer to today as “the end users.” I bring up the Associated Press because it just published a major article about raw milk, and the best I can say for the article is that it is pathetic.

It says the U.S. Food and Drug Administration considers Mark McAfee, owner of Organic Pastures, to be “a snake oil salesman,” without citing a source. It says parents of five children sued Organic Pastures, when in fact, two sued.

There’s also disagreement about the interview process. Mark says the reporter hasn’t been in touch since at least mid-April, and then it wasn’t clear the reporter was working on a story about the grand jury investigation. The reporter, Paul Elias, told me he had “three distinct interviews” with Mark, having spoken with him most recently a week-and-a-half ago.

I would guess that the real situation is somewhere in between, but what’s key here is that Mark seems not to have been kept in the loop about what was happening, and what was happening was extremely important. When the Associated Press does a major story about you, it’s still a huge event (despite the old media’s decline), because that story could be picked up by any of more than 1,700 newspapers and 5,000 television and radio outlets that are members of the AP. It’s much bigger than a single paper doing a story, so the reporters owe it to a subject like Mark to be upfront about what they’re doing.

The bottom line, though, is that the article represents the government’s viewpoint much more than the consumer viewpoint or Organic Pastures’ viewpoint in that its main purpose is to scare people about raw milk. It comes at the story from the viewpoint that if the government is investigating you, it must be because you did something wrong, not because possibly the government is conducting a vendetta against you. Fortunately, increasing numbers of people understand that they can’t believe much of what government mouthpieces like the Associated Press publish, which accounts for the fact that Mark’s business increases each time such a smear comes out, and Associated Press’ business drops.

In that vein, it’s worth pointing out that since the Chicago Daily News folded in 1978, the Bill Goat Tavern has grown from a single bar to a city-wide enterprise with seven locations, and one in Washington, DC. My guess is that in thirty years, we’ll be able to say the same thing about the AP and Organic Pastures–AP will have folded and OPDC will be thriving. Yes, whisky and raw milk will outdo slanted government propaganda every time. Maybe Bill Marler and I can drink to that sometime.

***

As Bill Marler points out following my previous posting, the Centers for Disease Control has come out with its report on the six California children who became ill in September 2006. It’s heavy-duty reading, in part because it seems almost designed to confuse in terms of who got sick from what. Or is that because they just aren’t sure what happened?

And they state, once again, that a boy got sick after consuming raw milk at a friend’s house. Wasn’t that the story of Lauren Herzog, a girl?

Also, the timing of this release and its admonition to avoid raw milk is intriguing. The events are nearly two years old, yet here it is being released on the eve of hearings and debate in California over AB 1735 and the newly proposed SB 201. Normally, I’d say I’m being at least a bit paranoid, but having seen the lengths to which both state and federal authorities are willing to go to so as to frighten people and derail Organic Pastures, I have to say such conjecture seems eminently reasonable.


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Health officials crack down on raw milk

Posted by kandylini on June 11, 2008

When they have a crack down on salmonella tomatoes and mad cow beef, I’ll believe that they care about the nation’s food safety.

By PAUL ELIAS, Associated Press Writer.

SAN FRANCISCO – Dairy owner Mark McAfee started selling raw milk in 2000, marketing it to customers who believe it contains beneficial microbes that treat everything from asthma to autism.

The unpasteurized milk swiftly caught on as part of the growing natural food movement. But the Food and Drug Administration considers McAfee a snake oil salesman and recently launched an investigation into whether his dairy illegally shipped raw milk across state lines. The agency even tried to recruit one of his employees to secretly record conversations with him.

Comment: Snake oil salesman?! That’s professional. Guess they’ve still got their panties in a wringer since the FDA goons couldn’t get McAfee’s employees to wear a wiretap or nark on him!

The case against McAfee is part of a crackdown on raw milk by government health officials who are concerned about the spread of food-borne illnesses. Lawmakers and law enforcement agencies are stepping up efforts to keep unpasteurized milk out of reach, even as demand for the niche product grows.

Comment: Why are they stepping up the efforts just when people want them in larger numbers? At whose behest are they stepping up these efforts, Big Dairy?

McAfee, who was among the first in to sell raw milk on a large scale, brushed off the investigation: “When you’re a pioneer, you have to expect to take a few arrows.”

Twenty-two states prohibit sales of raw milk for human consumption, and the rest allow it within their borders. The FDA bans cross-border sales.

In Pennsylvania, local officials recently busted two dairies unlawfully selling milk straight from the cow.

And in Maryland, health officials issued an emergency ban late last year on “cow-sharing” agreements, claiming they were aimed at skirting a ban on raw milk sales.

“Raw milk should not be consumed by anyone for any reason,” said John Sheehan, head of the FDA’s dairy office. “It is an inherently dangerous product.”

Comment: You keep saying that but no one believes you anymore; in fact every time you spout these dire comments, you just drive more people to the store and/or farm to see what they’re missing. Mark must love you guys!

But shutting down sales is tricky because the federal government has largely let states regulate the raw milk industry. The result is a hodgepodge of laws that confuse consumers, dairy farmers and regulators alike.

McAfee said he expects the FDA’s criminal probe to be dropped without charges in a deal that will require him to guarantee his interstate shipments are for use only as pet food. The FDA declined to comment.

Raw milk proponents insist they are under siege by state and federal regulators intent on snuffing out the industry.

The popularity of raw milk is fueled by consumers’ concerns about the chemicals and hormones used in traditional dairy farming, and a growing interest in unprocessed, organic foods.

Devotees of raw milk ascribe to it almost mythical healing powers. They feed it to babies, believing it strengthens the immune system and staves off digestive troubles. The heat used in pasteurization, they say, kills healthy natural proteins and enzymes.

“It’s a magic food,” said Sally Fallon, president of the Weston A. Price Foundation, a nonprofit that advocates consumption of natural foods.

The FDA insists pasteurization destroys harmful bacteria without significantly changing milk’s nutritional value. The process also extends its shelf life.

Comment: That’s why Big Dairy pasteurizes milk—not because it cares about your health!

Nevertheless, some consumers have formed cooperatives to support dairy farmers who offer raw milk. They also join “cow-sharing” programs in which farmers take care of cows that are “leased” by consumers.

Food safety officials say raw milk has sickened hundreds of people with salmonella, E. coli and other bacteria. According to the Centers for Disease Control and Prevention, 1,000 people fell ill from raw milk between 1998 and 2005. Two died.

Comment: And how does that stack up against other salmonella and E. coli-infected foods? Hundreds of people were sickened and four children died during the Jack in the Box Hamburger Contamination alone. Did the FDA thugs harrass executives and shut down the business? Of course not. This hypocrisy speaks volumes about their objectivity.

The FDA ban on cross-border sales of raw milk led to its criminal investigation of Organic Pastures, a Fresno dairy owned by McAfee that is California’s largest raw milk supplier.

The agency ordered two of McAfee’s employees to testify before a grand jury and offered to pay one of them to surreptitiously record her conversations with McAfee, according to the worker.

“The main issue was selling our products outside the state of California,” said dairy worker Amanda Hall, who refused to wear the wire. The two workers’ grand jury appearances were canceled last month.

Even if McAfee avoids criminal charges, he still faces lawsuits filed by the families of five children who claim his raw milk made them seriously ill.

He denies the allegations and said testing at his dairy did not detect the strain of E. coli that sickened some of the children.

McAfee also is challenging a new California law requiring lower bacteria levels in raw milk. He fears the change will put him out of business. A judge in San Benito County last month ruled for the state, but McAfee appealed the decision on Thursday. Also, a state senator plans to introduce a bill to repeal the law.

Whole Foods Co. lobbied for a law that ensure raw milk dairies can stay in business.

“It is a growing piece of our business,” said Walter Robb, the company’s co-president. “We want to protect consumer choice.”

He and other raw milk proponents argue that the FDA should spend its time working on other agricultural practices that jeopardize food safety, such as the way large farms confine animals.

But parents like Melissa Herzog strongly disagree.

Herzog, whose 10-year-old daughter spent two months in the hospital after her kidneys failed because of E. coli poisoning, is one of the families suing Organic Pastures over the 2006 outbreak that health officials determined was probably caused by raw milk from the dairy.

“I don’t have anything good to say about raw milk,” she said. “It was a horrible experience.”

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When the Food Network Begins Covering Raw Milk, Something’s Cooking…and It Could Be Opportunity

Posted by kandylini on June 9, 2008

Nice picture of Richard Morris! He used to look like this, before going on a Traditional Foods diet:

By David Gumpert, The Complete Patient.

Each time a major media outlet reports on raw milk, demand rises. And when demand rises, more farmers become involved in production, and some of the existing farmers expand their capacity.

I experienced the dynamic first-hand a couple months ago when I reported in an article in the Boston Globe Sunday Magazine about Terri Lawton, and within weeks, she had run up against capacity problems and was raising her prices. Mark McAfee, owner of Organic Pastures Dairy Co., has similarly reported that each time there’s publicity about his confrontations with the California Department of Food and Agriculture or the U.S. Food and Drug Administration, his business shoots up.

What’s happening is that the media coverage of raw milk is expanding. Sure, the reporting may not always be entirely accurate—case in point is the recent Washington Times article which says “a consumer can skirt the law” with a cow share. It’s almost as if it doesn’t matter any more, though—that article will increase local demand for raw milk, leading to more cow share arrangements.

And when the Food Network begins getting involved in reporting on raw milk, as it did earlier this week in sending a camera crew to film consumers demonstrating for raw milk at the U.S. Capitol, in preparation for a program on how food has changed people’s lives, well, you know this thing is going mainstream. (In the photo above, Richard Morris, author of “A Life Unburdened: Getting Over Weight and Getting on with My Life”, speaks to demonstrators as a Food Network video person captures the scene; thanks to Ray Cortes for the photo.)

Clearly, growing numbers of consumers take the regulators’ warnings quoted in the various articles not as warnings, but as endorsements, as in, “If the government says this is food is bad for us, it must be good for us.” As more consumers learn about the importance of food choice and nutrition, then the regulators have an ever tougher time, since it means more people are watching them.

When more people are involved, the legislators begin paying attention. I think that’s what we’re seeing in California. I don’t know what’s going to happen to SB 201 and Sen. Dean Florez’s move to replace AB 1735, but even if his SB 201 doesn’t pass, there will be continuing pressure on the legislators to “do something” to keep raw milk available, since so many consumers want it to be available. There are now legislative efforts in Pennsylvania to liberalize the raw milk regulations there, in light of that state’s problems with farmer Mark Nolt and others. Legislation is perking in New Jersey, Missouri, and elsewhere.

If the legislators conclude that enough consumers are paying attention, then food choice could become a political issue. I can foresee a time in the not-too-distant future when legislators in favor of food choice use it as an issue to slam opponents.

I happen to think that, in California, Sen. Dean Florez didn’t take up the raw milk issue entirely by accident. He’s a savvy politician—he must have seen raw milk as an opportunity to gain positive media exposure with a potentially important group of voters.

In the same spirit, California raw milk consumers should make it a point of monitoring who is voting which way on SB 201. The absolute last thing the regulators want to see is for this issue, and others like it, to get debated openly. That means ever more people will become educated to regulators’ fraud. Remember, they work best in secret and darkness.

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Got Milk? Get Investigated

Posted by kandylini on May 28, 2008

I get raw milk from a couple living in the boondocks, and although they run their operation as a legal herd share, I worry that they’ll get prosecuted for something or other, and have agents pull up gestapo-style to their little ranch.

By David E. Gumpert, The Nation.

As consumers increasingly seek out farmers who raise organic and unpasteurized food, suddenly energized regulators claim they want to “protect” us from pathogens and other dangers. What gives?

The undercover agent takes two guises in our national consciousness. At one extreme is the highly trained professional who risks his or her life to go after the worst drug dealers and mobsters. At the other extreme is the apolitical and poorly trained apparatchik, designated by a bureaucratic superior to infiltrate a group deemed subversive or otherwise troublesome to authorities. The infiltrator may even become a provocateur as a way to give the authorities an excuse to crack down. Government agents did a lot of this during the 1960s, while monitoring civil rights and far-left organizations. At this end of the spectrum, the work is not only unglamorous but ethically questionable. Who wants to rat on their fellow citizens asserting rights guaranteed by the Constitution, like free speech, assembly and those not even mentioned because they seem so obvious, like consuming the foods of their choice?

This latter extreme was on display in early May in Elizabethtown, Pennsylvania, where Mennonite dairy farmer Glenn Wise was charged with three counts of selling unpasteurized milk without a license.

In a tiny magisterial district courtroom filled with about forty of Wise’s friends and supporters, the Pennsylvania Department of Agriculture’s case relied primarily on the testimony of an undercover agent, in real life a low-level PDA employee with the title “food sanitarian.” The agent-employee, Joe Goetz, painted a picture of an employee forced into distasteful undercover actions against a small farmer, the father of nine children.

“I was directed by my supervisor to make a purchase of raw milk and kefir” from Wise, Goetz stated under questioning by the PDA’s attorney. So Goetz infiltrated the Communities’ Alliance for Responsible EcoFarming (CARE), a private Pennsylvania buying club that serves as an umbrella organization for many of the state’s farmers who sell raw dairy products to consumers. He described how he went to the Wises’ Shady Acres Dairy Farm on three occasions in 2007 and 2008, each time purchasing half a gallon of raw milk and a quart of kefir.

When it was the defense’s turn, the slender, soft-spoken Wise, who handled his own defense, quickly showed himself to be a sharp inquisitor.

“So you did sign a CARE contract?”

“Yes.”

“Did you read that contract?”

“Yes.”

The CARE contract, it turns out, bounds members “under penalty of perjury” that they are “not acting under color of law to entrap, hurt, prosecute, or otherwise trespass/and/or gather information for any agency, corporation, person or other entity to in any way negatively affect the CARE Alliance/Association, its board of directors, members or its purpose.”

Magisterial District Judge Jayne Duncan dismissed two of the citations, and reduced the fine on the third from $300 to $50, saying the PDA had been “unfair” by using secretive methods, including an undercover agent, to go after Wise. The farmer was relieved, but vowed to appeal the $50 fine to a higher court, to get a further ruling on not only the PDA’s tactics but on his right to sell unpasteurized dairy products privately to consumers. The agency currently allows raw milk sales by licensed dairies, but prohibits all sales of unpasteurized yogurt, kefir, butter and other similar products.

The case against Glenn Wise is only the latest in a troubling series of legal cases in which both state and federal authorities are relying on undercover agents to entrap dairy farmers. “They’re relying on undercover agents more than in the past,” says veteran agriculture attorney Gary Cox, who has represented a number of dairy farmers around the country on behalf of the Farm-to-Consumer Legal Defense Fund. “My take is that since there is more and more raw milk consumption, the regulators are going undercover more and more.”

One of the first of these cases occurred in Ohio in 2005, when an Ohio Department of Agriculture undercover agent visited the dairy farm in Millersburg owned by Amish farmer Arlie Stutzman. Stutzman ran a herdshare operation, whereby area residents bought shares in his cows in exchange for unpasteurized milk. The agent pretended to be a building contractor, and asked to purchase a gallon of raw milk. After much back-and-forth, Stutzman agreed to accept a $2 “donation.” According to testimony at an ODA hearing on revoking Stutzman’s dairy license, Stutzman “testified that he had been taught that if any person asks for food, one should give it if he has such.”

The hearing examiner allowed that Stutzman’s explanation was “a noble exercise,” but revoked his license nonetheless. A few months later, he was allowed to apply for another, and received it. In late 2006, a state judge ruled in a related case that the state’s campaign against herdshare programs was illegal.

In 2006, the Michigan Department of Agriculture dispatched an undercover employee to join an Ann Arbor food cooperative for six months, and used the agent’s information about the distribution of unpasteurized milk to launch a sting operation against farmer Richard Hebron. State officials searched Hebron’s home and confiscated thousands of dollars of dairy products and business records. Though he could potentially have been tried on felony charges, Hebron was let off with a $1,000 fine as part of a settlement some months later when a local prosecutor declined to seek a criminal indictment.

Late last year, the owners of upstate New York raw milk dairy Meadowsweet Farm inadvertently discovered an undercover agent among the more than 200 members of their limited liability company (LLC), organized to arrange raw milk sales to members in the Ithaca area. When the dairy was hit with a citation and ordered to appear at a hearing in January by New York’s Department of Agriculture and Markets, the owners, Barb and Steve Smith, subpoenaed the undercover agent as a witness, hoping to score points with the hearing officer. No decision from the hearing has yet been reported by the agency.

In California earlier this year, US Food and Drug Administration (FDA) agents allegedly sought to recruit a dairy employee to go undercover. Amanda Hall, an employee of California’s largest producer of raw milk, Organic Pastures Dairy Co., says that two FDA criminal agents visited her at her home in Fresno one evening in March after work. A few weeks earlier, she had received a subpoena to testify before a federal grand jury, and the agents said their visit was in connection with an investigation into out-of-state sales of raw milk.

After questioning her about her role in taking phone orders for raw dairy products, “One of them asked me, ‘Would you ever consider wearing a wire? If you would wear it, you would be getting information from Mark [McAfee, the dairy's owner]. You could benefit. You wouldn’t be paid millions, but it would sure help you out.’ ” Amanda declined, and the agent left a card, saying that if she changed her mind, she should call.

She told McAfee the next day about the confrontation, and he broadcast it to the local media, cutting Hall’s undercover career short before it even started. The FDA agent who left his card, Stephen Jackson, refused to comment on the investigation.

When undercover agents come under cross examination, things can get a embarrassing. One of the first questions defense lawyer Gary Cox asked Dennis Brandow Jr., the undercover agent for New York’s Department of Agriculture and Markets, in the Meadowsweet Farm hearing, was this: “When you became a member of the LLC, did you tell them that you were going to be a snitch?” The objection from the Agriculture and Markets lawyer was upheld, but Cox’s point had been made.

The day before Glenn Wise went on trial in Elizabethtown, Pennsylvania, earlier this month, another Mennonite dairy farmer, Mark Nolt, was put on trial on similar charges about fifty miles west, in Mount Holly Springs. In this case, two PDA employees testified they had purchased milk undercover from Nolt at farmers markets.

Nolt also served as his own lawyer, and it didn’t take him long to crack one of the undercover agents, Anthony Russo, who is a microbiologist when he’s not working undercover. Nolt, in his cross examination, inquired about who drove the car and where Russo parked on each of two occasions he secretly purchased dairy products.

Russo was obviously uncomfortable about having to confront the victim of his subterfuge, because he volunteered: “I was nervous about going. I don’t like doing that kind of stuff. I was hoping you weren’t there because I didn’t want to get any [dairy] samples.”

What are these cases really about? It might be argued that, individually, these are mostly harmless cases of low-level bureaucrats gathering evidence by posing as consumers. But taken together, something more is definitely going on.

For one thing, the use of undercover agents tends to be accompanied by other questionable investigative techniques. Meadowsweet Farm has filed suit against the New York Department of Agriculture and Markets, alleging in part that a search warrant used by the agency before filing its undercover-agent-inspired complaint was deficient because of its open-ended time frame and vague language about the amount of force that could be used in confiscating evidence.

The week before Mark Nolt’s trial, a caravan of law enforcement vehicles arrived unannounced at his farm, carrying eleven PDA employees and four state police officers. The officers secured a perimeter around the farm to prevent any neighbors, including Nolt’s elderly father who lives down the road, from gaining entrance. They handcuffed Nolt and took him away in a police car to be arraigned without allowing him to alert his family. And while a search warrant limited the officials to confiscating milk processing equipment, the authorities also took Nolt’s expensive cheese-making equipment and cream separator.

A PDA spokesperson declined to explain those seizures, except to say, “Because this is an ongoing criminal prosecution, we cannot go into detail about how certain items seized during the execution of the search warrant will be used as evidence.”

While the undercover agents are often uncomfortable, citizen targets are rattled even more. The buying groups and cooperatives being formed by many small dairies have already become less trusting of outsiders, sharply quizzing prospective new members, which discourages the very sense of community that draws consumers to these farms.

Cox of the Farm-to-Consumer Legal Defense Fund thinks the current campaign against raw dairy products is being orchestrated among state agriculture departments by the FDA as part of a concerted effort to intimidate the growing number of dairies producing unpasteurized milk, which are nearly always small farms (see “Milk Wars”).

He suspects it’s also related to the National Animal Identification System (NAIS), the highly controversial US Department of Agriculture program to require computer tags on all farm animals (see “USDA Bets the Farm on Animal ID Program”.) “NAIS helps big business and will put small farmers out of business,” he says.

That may be the ultimate goal of a growing undercover-agent tactic–get rid of ever more troublesome small farms and let agribusiness entirely have its way.

About David E. Gumpert

David E. Gumpert is a columnist with BusinessWeek.com, specializing in health and business. He covers nutrition and food issues at his blog. more…

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Let Me Know If You Figure Out What This Raw Milk “Expert” Is Saying; A PA Politician Speaks Out

Posted by kandylini on May 14, 2008

Source: The Complete Patient Blog.

If you want to get a sense of the double-talk that passes for science around the raw-milk issue, take a look at the transcript from the California Senate hearing on raw milk held April 15 in Sacramento. Organic Pastures Dairy Co. has just published the complete 159-page transcript on its site.

Begin on p. 27, with the testimony of Michael Payne, who describes himself as a researcher in food safety at the University of California at Davis, as well as an expert in veterinary medicine and comparative pathology, and you’ll see what I mean. It was widely understood at the hearing that he was a stand-in for the California Department of Food and Agriculture, which refused repeated requests from Sen. Dean Flores, chair of the Senate Select Committee on Food-Borne Illness, to send a representative.

Payne began his testimony by stating: “It’s not just a turn-of-the-century problem, but serious and even deadly disease outbreaks caused by raw milk products continue to this day.” He then gave a garbled assessment of how E.coli0157:H7, listeria, and camphylobacter had been found in cows providing organic milk (not clear if he meant just organic pasteurized milk, organic pasteurized milk from pastured cows or raw milk).

At the end of his testimony, Sen. Flores asked, “Has anyone died in California from raw milk?”

“Unequivocally yes,” stated Payne.

When Sen. Flores asked him to explain, he counted from his printed submission and finally said, “Eleven documented cases of certified raw milk.” After Sen. Flores established that those were illnesses and supposedly came from the long-shuttered Altadena dairy, the senator asked again, “Has there been any certified deaths due to the two dairies that are now producing this in California?”

To which Payne answered, “Not any deaths…”

There followed more hemming and hawing, in which Payne tossed around statistics about illnesses and deaths in which it wasn’t clear whether he was talking about milk or cheese, or California or non-California illnesses. Finally, after more questioning, Payne stated that in all the statistics he has about California, going back who knows how far, “Well, as I look through it, let’s see—one death associated with raw milk consumption. It happened in 1980, or 1991, four illnesses and one death associated with raw milk consumption that were all treated by the same VA hospital in San Diego.”

After more questioning, he concluded, “Ultimately, checking the sanitation is what’s going to protect raw milk consumers. And a small part of that, but a part of that, will be total coliform counts…”

So after all that, what we learn is there was one death in California from raw milk contamination, maybe, in 1980 or 1991. And that coliform measurements are “a small part” of the sanitation picture. Whew. And it took ten pages of testimony to extract that garbled info. I see now why I didn’t try to report it in detail at the time—I just couldn’t be sure I understood what the guy was saying, since even in print it is nonsensical.

On the serious side, there was lots of very interesting testimony preceding Payne’s testimony from raw milk drinkers, especially in response to Sen. Flores’ perceptive question: What would happen if raw milk were banned?

***

Speaking of politicians, there’s an interesting statement just out from a Pennsylvania senator, Mike Folmer. He says this about last week’s trials of Pennsylvania raw milk producers Mark Nolt and Glenn Wise:

“Why the crackdown on the Commonwealth’s longstanding raw milk tradition? Answer: the administration has succumbed to an irrational fear of the health aspects of raw milk.

“The truth is this: properly collected from cows fed with organic grass, raw milk has no appreciable negative consequences for the consumer. In fact, raw milk from grass-fed cows contains natural antibiotic properties that help protect it from pathogenic bacteria. Raw milk is also more nutritious than pasteurized milk because pasteurization destroys heat-sensitive vitamins and minerals, including Vitamin B and thiamin, as well as positive enzymes. Pasteurization also destroys friendly, pathogen-eating bacteria. Pasteurized milk sickens people in far greater numbers than does the more heavily regulated raw product, although admittedly far more people drink pasteurized milk.

“Let me offer an important disclaimer: any food can be contaminated, including raw and pasteurized milk. What matters is how the milk is produced, handled and packaged.”

Well stated, Senator. Now let’s see if there’s any followup efforts against the Pennsylvania Department of Agriculture.

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CA Legislator Learns a Hard Lesson: Raw-Milk Bureaucrats Will Bite the Hands That Feed Them

Posted by kandylini on April 6, 2008

The Complete Patient Blog
Posted
on Saturday, April 5, 2008

For the last ten days or so, Mark McAfee has been building up the April 15 hearing before a joint California Senate committee as “the biggest raw milk event in history,” something akin to the shootout at OK Corral. Top guns from the California Department of Food and Agriculture, the California Department of Public Health, and the U.S. Food and Drug Administration, along with their minions of Ph.D. scientists, facing off against scientists and others who back raw milk as an important whole food.

I’ve been skeptical about this scenario. The government types just don’t like bright lights and real debate. They like to work from damp dark places, in secret, posting biased PowerPoint presentations on their web sites, pouncing on unsuspecting farmer victims when they least expect it. Last August, when a Washington radio show proposed a debate on raw milk, the FDA refused to send a representative, saying, “This is not a debatable issue.”

In the last couple days, the government types have reverted to form, with the CDFA and the CDPH bowing out of the April 15 hearing, offering the lame excuse that they feel inhibited by the court suit brought by OPDC and Claravale Farm over AB 1735 and its coliform standard. Poor little babies don’t want to impede the wheels of justice.

But the state senator in charge of the hearings, Dean Florez, chairman of the Senate Select Committee on Food-Borne Illness, isn’t buying the CDFA/CDPH excuses.

“Your attempt to hide behind ‘pending litigation’ between Organic Pastures and the State of California is not well taken,” he said in a letter to the heads of the two bureaucracies. “There is no question that the participation of CDFA and CDPH at this hearing is both necessary and appropriate…Your lack of participation in this hearing will be seen as a public affront to the oversight function of the Senate as an institution, and will not be well taken. Please confirm your attendance at the hearing by 4 p.m. Monday April 7, 2007.”

If I hear Sen. Florez correctly, he’s sending a couple messages. First, don’t bite the hand that feeds you. Second, the April 15 hearing is a command performance.

Yet these bureaucrats have become so comfortable in their power, and their ability to scout out the political landscape, they may calculate Florez doesn’t control enough votes and that they can defy him anyway. Should be interesting to see how this little power struggle plays out. The last things these rascals want is an open public debate. The truth can be upsetting, and unsettling.

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New Goverment Campaign against Organic Pastures

Posted by kandylini on March 24, 2008

Let’s Not Kid Ourselves About What the FDA-Led Grand Jury Probe Is Really About

Last September 20, I posted an item that seemed humorous at the time, about Mark McAfee’s encounter with the U.S. Food and Drug Administration over the issuance of a press release concerning the recall of Organic Pastures Dairy Co. cream contaminated with listeria monocytogenes. FDA officials had asked Mark to write his version of a press release and, not surprisingly, he came up with language very much at odds with the FDA.

While it’s safe to surmise that no one at the FDA appreciated the humor of that encounter, what is perhaps most important about the matter at this point in time is that there are two press releases that resulted from the back-and-forth process still posted on the FDA web site. Both the press releases, dated Sept. 21 and Sept. 24, contain this sentence:

“The product [cream] was sold in retail stores throughout California and was also available worldwide via phone orders, and is not pasteurized.”

Wouldn’t you think that if the FDA had a problem with what Organic Pastures was doing, it might have adjusted that sentence to say, “…and was also available worldwide via phone orders, in violation of FDA regulations about interstate sale of raw milk products”?

The reason no qualification was included then, or ever related to Mark afterwards, is that the FDA had in fact approved OPDC’s labeling of raw milk for non-California sales as pet food back in early 2005. The whole matter actually started in April 2004, according to an FDA “warning letter” written to OPDC in February 2005 (which I couldn’t locate on the FDA web site, but which I have in paper form), demanding that OPDC discontinue interstate distribution of raw milk “in final package form for human consumption.”

The FDA’s press release of late 2007 said what it said because there was a problem with the cream, and not with anything else.

It would be nice to believe, as Amanda Rose and William Lind suggest, that OPDC brought this latest crackdown by law enforcement down on itself by somehow wink-winking or waving a red flag in front of authorities. Forget about blaming the victim. What we are dealing with here, as a number of individuals point out, has nothing to do with what’s legal or illegal (though it would be helpful, as Steve Bemis suggests, if federal law permitted interstate transport of raw milk into states that allow it).

There can be no doubt, after all that has happened over the last year-and-a-half, that we are witnessing a concerted, and desperate, campaign to place a huge lid on the growth in the consumption of raw milk. Pete Kennedy of the Weston A. Price Foundation called it correctly in my recent “Milk Wars” Nation article, when he pointed out that the authorities realize they can’t scare people away from raw milk, so they’ve moved instead to cripple the supply side.

The campaign is focused like two lasers on New York and California. The battles now going on are truly pivotal. Losses in one or both places will lead the authorities to pull the same tactics in other states. Wins will back them into a corner.

At this point in time, despite the expenditure of huge resources in manpower—the detectives out interviewing low-level employees of a small dairy at all hours of the night are just the tip of the iceberg—the bureaucrats may be getting uneasy that they are beginning to come up short. The California judge’s temporary restraining order issued last Wednesday, on top of the California protests and growing raw milk consumption, are communicating that message.
With their latest escapade, they have to be wondering what the hell is going on here. When FDA criminal investigators secretly question employees of most firms under investigation, the investigators typically find people who resent their employers, and are willing to tattle, and even wear hidden wires. And assuming the employers discover they are under investigation, they almost always want to avoid going public with news of a grand jury investigation—after all, it’s not good PR in most industries.

Yet in the case of OPDC, not only did the employees spill the beans, but the employer went around trumpeting to the media that he’s being investigated! And the request to an employee to wear a wire suggests the authorities don’t quite have “the goods” on Mark McAfee just yet.

The problem here may be that the bureaucrats in charge haven’t communicated to their underlings that this isn’t about violation of any laws, but rather about much more serious matters like rights and freedom and privacy. What the heck, let’s call it for what it is—a government vendetta.

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Milk Wars

Posted by kandylini on March 24, 2008

http://www.thenation.com/doc/20080317/gumpert

David E. Gumpert

For the past sixty years, there hasn’t been much good news for America’s small dairies. Thanks to rising land costs and intensifying price pressures, the bucolic sight of cows grazing in the countryside has become ever less common. Since 1970 alone, the number of dairies has plunged an astounding 88 percent, to 75,000, according to the US Department of Agriculture. The consolidation means that factory-style dairies with between 1,000 and 5,000 cows have become increasingly common.

The one bit of encouraging news for small dairies has been the growing market among health-conscious consumers for unpasteurized milk and dairy products like yogurt, butter and cream. There may be a half-million or more raw-milk drinkers in the United States, with the number growing “exponentially,” says Sally Fallon, co-founder of the Weston A. Price Foundation, which encourages consumption of raw milk for its healthful enzymes, bacteria and proteins.

Small dairies have rushed to meet this need via a completely new business model. Instead of selling milk in bulk to processors who offer take-it-or-leave-it prices of $1.50 to $2 a gallon, some small dairies sell directly to consumers at whatever price the market will bear, typically from $5 a gallon to as much as $10 a gallon. At those prices, dairy farmers actually begin thinking in terms of a long-forgotten word: profit.

In New York state, which regulates direct sales of raw milk to consumers by issuing permits to dairies, the number of raw-milk dairies with permits has doubled to twenty from ten in 2005. The same sort of minirevival has occurred in other states that allow raw-milk sales direct from the farm, like Pennsylvania and Massachusetts. In California–one of the few states that allow sales of raw milk via Whole Foods Market and other retail outlets–the largest raw-milk dairy, the 350-cow Organic Pastures Dairy Company, has seen its annual sales climb by 25 percent annually, to more than $5 million.

Arguing that raw milk isn’t safe and that consumers must be protected from its dangers, some government regulators and legislators are targeting small raw-milk dairies for tough enforcement actions, focusing most intensively on dairies in New York and California.

State regulators have supplemented inspections by obtaining search warrants, pushing restrictive legislation and even threatening to throw dairy farmers into jail. They’ve been encouraged by the US Food and Drug Administration, which in a sixty-four-slide PowerPoint presentation posted on its website last March, exhorted “everyone charged with protecting the public health to prevent the sale of raw milk to consumers….”

Barb and Steve Smith see New York’s ever-harsher tactics against their tiny Meadowsweet Farm as closely related to the rising demand for raw milk. They obtained a raw-milk permit in 1997 because they were desperate to extricate themselves and their nine children from the commodity bondage that dominated their lives from the time they purchased the farm in 1995. “We figured by selling milk to the processor we were getting about $1 an hour for our work,” says Steve.

The raw-milk option was slow going until 2005 and 2006, when demand began rising sharply. Anywhere from twenty to thirty customers would regularly visit their lonely outpost near Lodi, most of them from Ithaca, the home of Cornell University, which is about forty-five minutes away.

“But our customers always wanted more things raw–butter, kefir, cream,” says Barb. New York’s Department of Agriculture and Markets prohibits the sale of any raw dairy products except milk and cheese that has been aged at least sixty days.

The expanding customer demands coincided with what the Smiths say was a change in the department’s inspection procedures, beginning in the summer of 2006. Minor violations like a tear in a screen door or excessive weeds outside the barn, overlooked in earlier years, now meant fines of a few hundred dollars and automatic thirty-day re-inspections.

One day in February 2007, they received four letters from Ag and Markets announcing violations and fines. On that day, Barb says, she and Steve concluded, “They were not giving us any way to achieve compliance.”

Ag and Markets declined recent requests for comment about the Smiths’ case, but last July, when a number of dairy farmers with raw-milk permits began complaining about intensified inspections, agency spokeswoman Jessica Chittenden told me, “Even though there is a demand for this product and we have regulations that allow for the sale of raw milk, food safety must come first. Therefore, we take our responsibility in safeguarding consumers from food-borne illness very seriously.”

The Smiths decided over the next few months to pursue an increasingly popular avenue among dairies in states that don’t allow the sale of raw milk or have very restrictive policies: issuing “herd shares” or “cow shares,” legal agreements under which consumers acquire partial ownership of the dairy herd and receive milk and other dairy products from “their” cows.

While some state agriculture officials have challenged these arrangements, they have held up to legal tests in two major states. In Ohio, a small dairy sued the Ohio Department of Agriculture in 2006 over efforts to shut down its herd share, and won in state court. The Michigan Department of Agriculture last year backed off on seeking criminal charges against a farmer who formed a herd share for Ann Arbor consumers, in the face of widespread public opposition.

Last spring, the Smiths established a herd share, in the form of a limited liability company. Simultaneously, they gave up their raw-milk permit. They spread the word in Ithaca that buying shares in the LLC would entitle owners to raw milk and the other high-demand raw-milk products, along with delivery to easy-access drop-off points.

By the summer, they had 130 shareholders paying $50 each for shares, plus the equivalent of $6 a gallon for milk, in the form of fees to feed and house the cows; thirty more customers joined a waiting list for future shares. The Smiths were able to reduce their herd to fourteen cows from thirty, generating the same cash flow but with reduced fuel and feed costs.

New York’s Ag and Markets immediately showed its displeasure by stepping up its inspection and enforcement efforts. In late August, the department notified the Smiths that fines for “unsanitary plant conditions” totaled $1,700 and needed to be paid within fifteen days to avoid legal action.

Arguing that they no longer had a raw-milk permit and were serving only private shareholders, the Smiths resisted. That led to steady escalation by Ag and Markets, including the quarantining in October of 130 quarts of yogurt, twenty bottles of buttermilk and five gallons of whole milk in the Smiths’ cooler.

On December 13, with the support of the recently formed Farm-to-Consumer Legal Defense Fund, the Smiths filed suit against the department and two of its officials. They asked the court to allow members of the dairy LLC to continue to pick up their raw-milk products without harassment from regulators.

The same day, in the middle of a snowstorm, two Ag and Markets inspectors showed up to force the Smiths to dump the quarantined milk, yogurt and buttermilk into buckets while the inspectors poured in bleach. The inspectors returned yet again just before Christmas with a search warrant, but the Smiths’ lawyer advised them to refuse the inspection since the warrant didn’t allow for breaking into the Smiths’ locked cooler.

The entire affair has evolved into a three-front legal battle: an additional Ag and Markets regulatory complaint to shut the Smiths’ dairy, the Smiths’ lawsuit and, most recently, a show-cause order in state court as to why the Smiths shouldn’t be held in contempt for refusing to allow the inspectors access to their locked coolers. If the judge rules in favor of the state and if the Smiths continue to resist, they could be thrown in jail. At a hearing February 28, a state judge took under advisement both the state’s request for a contempt finding and the Smiths’ request to quash the show-cause order.

While New York agriculture officials have been fighting small dairies via regulations and the courts, California regulators have been fighting a legislative battle. There, the marketplace is much different, since retail sales of raw milk are allowed. But because of high capital costs and the state’s tough regulations (for example, requiring automated bottling equipment), only two dairies serve the entire market.

Business was growing so quickly for the largest, Organic Pastures, that at one point last fall, the owner, Mark McAfee, said he was in negotiations with a venture capital firm for funds to significantly expand the dairy.

All that’s on hold now. This past October, at the recommendation of California’s Department of Food and Agriculture (CDFA), the State Assembly quietly passed tough new standards for nonpathogen bacteria counts that the two dairies argue could make a significant portion of their current milk production unacceptable. The chair of the State Assembly’s Agriculture Committee said she hadn’t realized the implications of the legislation, and last month she backed an effort to repeal the standards.

At hearings in Sacramento in January, about 700 raw-milk consumers showed up to back the repeal, and the Agriculture Committee unanimously passed it. But it died in the Appropriations Committee, where large-dairy and medical industry interests opposed what they termed a watering down of toughened food-safety standards.

The CDFA has already begun enforcing the new standards, and Organic Pastures failed two of its initial three tests. The dairy can continue selling raw milk, but if it fails one of its next two tests in the coming months, it could be forced to at least temporarily halt production. McAfee argues that the bacteria being measured, coliforms, have no bearing on milk safety, and that the state should focus its efforts on monitoring potential pathogens like E. coli O157:H7. “This is destabilizing; it’s a game of harassment,” he says.

His dairy and the other California raw-milk producer, Claravale Farm, have joined forces to sue the state and CDFA to block implementation of the regulations. Among their claims: a “denial of due process” because the tough standard “is not rationally related to a legitimate governmental interest.”

While the FDA and most state agriculture and health authorities have for many years opposed raw-milk consumption and fill their websites with warnings about its dangers, the crackdown on dairies represents a change in tactics, says Pete Kennedy, a lawyer for the Weston A. Price Foundation. “They’re now going after the supply side,” he says, since growing numbers of consumers are ignoring the warnings.

Part of the reason for the growing skepticism is that Kennedy last year used the Freedom of Information Act to obtain data from the US Centers for Disease Control showing that from 1973 to 2005, an average of fifty-nine people became ill from raw milk each year–a drop in the bucket compared with the 14 million the CDC says are known to contract food-borne illnesses each year.

Absent a serious health risk, agriculture agencies are charged with encouraging expansion of local farming. New York’s Ag and Markets says its “mission is to foster a competitive food and agriculture industry that benefits producers and consumers alike.” CDFA says it “strives to support…innovation and agricultural diversity.”

Hundreds of small dairies could benefit financially from agriculture department assistance in making the transition to raw-milk production. The Farm-to-Consumer Legal Defense Fund estimates it helps two or three dairies each week convert from conventional production to raw-milk herd-share legal arrangements. But when it comes to small dairies trying to take advantage of an opportunity to become viable businesses, mission statements seem to get tossed out the window.

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FDA investigates Kerman dairy

Posted by kandylini on March 22, 2008

http://www.fresnobee.com/business/story/477117.html

Two employees questioned by feds in raw milk probe.

On the same day it won a court victory against state regulators of raw milk, a Kerman dairy found itself at the center of an investigation by the U.S. Food and Drug Administration.

Two employees of Organic Pastures Dairy Co. were questioned by federal agents Wednesday after being subpoenaed to appear before a grand jury in U.S. District Court in Fresno on April 3.

Hours before the employees were questioned, the dairy won a favorable court ruling that temporarily stopped enforcement of a state law calling for tighter restrictions on bacteria levels in milk.

Superior Court Judge Harry J. Tobias in San Benito County issued a temporary restraining order that prohibits enforcement of Assembly Bill 1735, which set a 10 coliform-per-milliliter standard.

Organic Pastures and another raw milk producer, Claravale Farms Inc. in San Benito County, had filed a suit against the California Department of Food and Agriculture saying the limits would put them out of business.

The state can continue testing for coliform levels but cannot enforce the standard until at least April 25, when a hearing will be held on whether to impose a preliminary injunction or lift the temporary restraining order.

Steve Lyle, a CDFA spokesman, said the judge ruled that the state failed to produce evidence that showed a link between coliform levels and a threat to public health.

“We plan to present the evidence the judge is seeking on April 25,” Lyle said.

Told of the federal investigation, Lyle said, “A federal grand jury operates well outside our sphere.”

Mark E. Cullers, an assistant U.S. attorney in Fresno, did not return calls seeking comment.

Mark McAfee, a principal in the Organic Pastures dairy, said he believes federal investigators are looking into his company’s sale of raw milk outside the state. McAfee said his dairy does sell to other states but only for pet consumption.

Mike Herndon, an FDA spokesman, said federal regulation prohibits the interstate sale of any unpasteurized milk product “in final package form, intended for human consumption.”

Herndon said the FDA made a number of findings regarding raw milk, including that “raw milk, no matter how carefully produced, may be unsafe.” However, he said some states, including California, permit its sale for human consumption.

The subpoenaed employees, Amanda Hall and Lizbeth Valdes, said they were questioned at their homes by two FDA agents Wednesday. Hall was served two weeks ago with a subpoena, and Valdes received hers on Wednesday.

Both said the agents questioned them about shipping dairy products out of state.

Hall said the agents asked her whether she would be willing to wear a concealed recording device at work, particularly when speaking with McAfee. She said she would not.

Ken Gorman, a lawyer representing the two dairies in their challenge to the state, said they had “absolutely no awareness” of any impending FDA investigation. “There was no informal contact, no inquiry of Organic Pastures management or their counsel,” he said.

“Our exchanges with state officials have been open, and there has been a dialogue between state inspectors and the dairies,” said Gorman, who is with the law firm of Lombardo and Gilles, which has offices in Salinas and Hollister. “We’re very willing to talk about any subject and find it surprising that the government deems it necessary to seek information secretively and without having the courtesy to contact counsel or the higher ups” at Organic Pastures.

Asked whether shoppers might be consuming raw milk that is labeled “for pet food consumption only,” McAfee replied, “It’s not up to us to decide what people do in the privacy of their own home. We have a constitution that protects that. If people want to eat cat food or dog food, that’s up to them.

“In Australia, raw milk is sold as Cleopatra’s Bath Milk for bathing. I had some of it in Melbourne two years ago. It was very good. But we are obligated to label our products properly and we do so.”

McAfee said his dairy ships raw milk products to all the other states as well as abroad to countries that include Malaysia and Thailand.

A 4-inch-square label on the products sold outside the state includes a reference to FDA regulations and states that the dairy “does not take orders or ship any raw dairy products for ‘human consumption’ outside the State of California. All out of state product sales are labeled and intended for [in larger type]: ‘Pet Food’ consumption only.”

In smaller type, the label states: “The quality and safety of this ‘pet food’ product is identical to what is offered to consumers in the California retail market.”

About 5% or less of Organic Pastures’ sales are out of state, McAfee said.

McAfee said he worked with FDA four years ago when the agency was investigating the dairy. He said FDA representatives didn’t like the sticker, and he and his attorney worked with them to reword it.

“They left, and we haven’t heard anything from them since,” he said. “We have been doing it for four years now and a couple years prior. I am doing absolutely everything legally. And if I’m doing something illegally, I’d like to know so I can change it.”

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The Revolution will not be pasteurized

Posted by kandylini on March 22, 2008

Inside the raw-milk underground

http://www.freewebs.com/bovinity/articlefromharpers.htm

By Nathanael Johnson

The agents arrived before dawn.

They concealed the squad car and police van behind trees, and there, on the road that runs past Michael Schmidt’s farm in Durham, Ontario, they waited for the dairyman to make his move. A team from the Ministry of Natural Resources had been watching Schmidt for months, shadowing him on his weekly runs to Toronto. Two officers had even infiltrated the farmer’s inner circle, obtaining for themselves samples of his product. Lab tests confirmed their suspicions. It was raw milk. The unpasteurized stuff. Now the time had come to take him down.

Schmidt had risen that morning at 4 A.M. He milked his cows and ate breakfast. He loaded up a delivery, then fired up the bus. But as he reached the end of the driveway, two cars moved in to block his path. A police officer stepped into the road and raised his hand. Another ran to the bus and banged on the door. Others were close behind. Eventually twenty-four officers from five different agencies would search the farm. Many of them carried guns.

“The farm basically flooded, from everywhere came these people,” Schmidt later told me in his lilting German accent. “It looked like the Russian army coming, all these men with earflap hats. ” The process of heating milk to kill bacteria has been common for nearly a century, and selling unpasteurized milk for human consumption is currently illegal in Canada and in half the U.S. states. Yet thousands of people in North America still seek raw milk.

Some say milk in its natural state keeps them healthy; others just crave its taste. Schmidt operates one of the many black market networks that supply these raw-milk enthusiasts. Schmidt showed men in biohazard suits around his barn, both annoyed and amused by the absurdity of the situation. The government had known that he was producing raw milk for at least a dozen years, yet an officer was now informing him that they would be seizing all the “unpasteurized product” and shuttling it to the University of Guelph for testing.

In recent years, raids of this sort have not been unusual. In October 2006, Michigan officials destroyed a truckload of Richard Hebron’s unpasteurized dairy. The previous month, the Ohio Department of Agriculture shut down Carol Schmitmeyer’s farm for selling raw milk. Cincinnati cops also swooped in to stop Gary Oaks in March 2006 as he unloaded raw milk in the parking lot of a local church. When bewildered residents gathered around, an officer told them to step away from “the white liquid substance.”

The previous September an undercover agent in Ohio asked Amish dairyman Arlie Stutzman for a jug of unpasteurized milk. Stutzman refused payment, but when the agent offered to leave a donation instead, the farmer said he could give whatever he thought was fair. Busted.

If the police actions against Schmidt and other farmers have been overzealous, they are nevertheless motivated by a real threat. The requirement for pasteurization— heating milk to at least 161 degrees Fahrenheit for fifteen seconds— neutralizes such deadly bacteria as Campylobacter jejuni, Listeria monocytogenes, Escherichia coli, and salmonella.

Between 1919, when only a third of the milk in Massachusetts was pasteurized, and 1939, when almost all of it was, the number of outbreaks of milk-borne disease fell by nearly 90 percent. Indeed, pasteurization is part of a much broader security cordon set up in the past century to protect people from germs. Although milk has a special place on the watch list (it’s not washable and comes out of apertures that sit just below the orifice of excretion), all foods are subject to scrutiny. The thing that makes our defense against raw milk so interesting, however, is the mounting evidence that these health measures also could be doing us great harm.

Over the past fifty years, people in developed countries began showing up in doctors’ offices with autoimmune disorders in far greater numbers. In many places, the rates of such conditions as multiple sclerosis, type 1 diabetes, and Crohn’s disease have doubled and even tripled. Almost half the people living in First World nations now suffer from allergies. It turns out that people who grow up on farms are much less likely to have these problems.

Perhaps, scientists hypothesized, we’ve become too clean and aren’t being exposed to the bacteria we need to prime our immune systems. What we pour over our cereal has become the physical analogue of this larger ideological struggle over microbial security. The very thing that makes raw milk dangerous, its dirtiness, may make people healthier, and pasteurization could be cleansing beneficial bacteria from milk.

The recent wave of raw-milk busts comes at a time when new evidence is invigorating those who threaten to throw open our borders to bacterial incursion. Public-health officials are infuriated by the raw milkers’ sheer wrongheadedness and inability to correctly interpret the facts, and the raw milkers feel the same way about them. Milk as it emerges from the teat, it seems, is both panacea and poison.

Schmidt responded to the raid on his farm by immediately going on a hunger strike. For a month he consumed nothing but a glass of raw milk a day. He milked a cow on the lawn outside Ontario’s provincial parliament. This was a battle, he said, for which he was prepared to lose his farm. He was ready to go to jail. Actually, he’d been awaiting arrest for more than a decade. For all that time, he told me, he’d carried a camera with him so that he could take pictures when the authorities finally came to shut him down. “And I upgraded. You know, first it was still, then video, then digital came along.”

The fifty-three-year-old Schmidt doesn’t have the demeanor of a rabblerouser. His temperament, in fact, is not unlike that of the cows he tends. A large man, he moves deliberately, reacts placidly to provocation. He has thin blond hair, light-blue eyes, and pockmarked cheeks. On the farm he invariably wears black jeans, a white shirt, and a black vest. In the summer he dons a broad-brimmed straw hat; in the winter, a black newsboy’s cap.

When Schmidt emigrated from Germany in 1983, he wanted to start a farm that would operate in a manner fundamentally different from that of the average industrial dairy. Instead of lodging his cows in a manure-filled lot, he would give them abundant pastures. Instead of feeding them corn and silage, he’d give them grass. And instead of managing hundreds of anonymous animals to maximize the return on his investment, he would care for about fifty cows and maximize health and ecological harmony. If he kept the grasses and cows and pigs and all the components of the farm’s ecosystem healthy, he believed the bacterial ecosystem in the milk would be healthy, too.

Schmidt bought 600 acres three hours northwest of Toronto. There he built up a herd of Canadiennes, handsome brown-and-black animals with black-tipped horns. Most cattle farmers burn off the horn buds— a guarantee against being gored —but Schmidt believes it’s better to leave things in their natural state whenever possible.

The dangers posed by the horns (like the dangers of drinking unpasteurized milk) weighed less heavily on him than the risk of disrupting some unknown element of nature’s design. The farm flourished under his hand. Schmidt set up a cow-share system whereby, instead of purchasing raw dairy, customers leased a portion of a cow and paid a “boarding fee” when they picked up milk. People were technically drinking milk from their own cows. The animals were, for all practical purposes, still Schmidt’s property, but the scheme made the defiance of the law less flagrant, and health officials could look the other way. Then, in 1994, the Canadian Broadcasting Company aired a documentary about Schmidt and his unpasteurized product.

A few months later he was charged with endangering the public health.

Because Schmidt believed that his style of biodynamic farming actually secured the public health, he decided to fight the charges. Newspapers began quoting him on the salubrious powers of raw milk and the detriments of industrial dairy. At this time, strange things started happening around the farm. Vandals broke into his barn. Schmidt found two of his cows lying dead in the yard, apparently poisoned. Then an unmarked van ran his cousin’s car off the road. Men jumped out of the van’s back and forced him inside, holding him there for two hours.

Schmidt hadn’t been prepared for the struggle to take this turn. He sent his cousin back to Germany, agreed to plead guilty in court, and sold all but 100 acres of his farm to pay the government fines and cover his lost income.

Schmidt is a man of Teutonic certainty, but as he walked into the field soon after he’d sold the land, he was filled with doubt. The morning sun had turned the sky red, and mist hung around the legs of the cattle. While he twitched a stick at his bull, Xamos, to turn him away from the cows, Schmidt wondered whether it was even possible to run a farm in the manner he wanted. If he started selling his milk at industrial prices it would erode his meticulous style of farming. He would lose the direct connection to his customers. He’d have to push his cows to produce more milk. He’d be compelled to adopt the newest feed management strategies and modernize his equipment.

Schmidt didn’t see Xamos coming, just felt the explosion as the bull struck him. Even as he hit the ground, the animal was on him, bellowing. It stabbed with one horn and then the other, tearing up the earth and ripping off Schmidt’s clothes. One horn sank into Schmidt’s belly, another ripped into his chest and shoulder, grazing a lung. Only when his wife charged into the field, flanked by the couple’s snarling dogs, did Xamos retreat. Another man might have taken this attack as a sure sign, a demonstration of the folly of seeking harmony with nature. As Schmidt lay there bleeding into the earth, however, he felt only humility. “Nature is dangerous, yes,” he would tell me later. “But I can’t control it, and I can’t escape from it. I can only learn the best way to live with it.”

By the time Schmidt could walk again, almost six weeks later, he’d decided to continue farming on his own terms. He announced his intentions publicly, but the regulators must have felt that they’d made their point. For years he continued farming quietly, as an outlaw, until the morning that government agents descended on his dairy. After the hunger strike and the other public acts of protest, Schmidt settled in for the long fight. He hired a top defense lawyer in hopes of overturning Ontario’s raw-milk ban.

In the twenty-five years that Schmidt has operated the dairy, no one has ever reported falling sick after drinking his milk. Yet raw-milk illnesses do crop up. According to the Centers for Disease Control, the United States averages seventy cases of raw-dairy food poisoning each year. In the fall of 2006, for instance,California officials announced that raw milk tainted with E. coli was responsible for a rash of illnesses. It is legal to sell unpasteurized dairy in California, and the tainted milk came from Organic Pastures, in Fresno, the largest of several farms that supply the state’s health-food stores. Tony Martin had agonized over buyingthe raw milk. He’d never brought it home before. He knew that milk was pasteurized for a reason, but he’d also heard that the raw stuff might help his son’s allergies. “There was a lot of picking it up off the shelf and putting it back,” he said. Chris, his seven-year old, drank the Organic Pastures milk three days in a row over a Labor Day weekend. On Wednesday, Chris woke up pale and lethargic. On Thursday he had diarrhea and was vomiting. That night he had blood in his stool, and the Martins rushed him to the hospital. Shortly afterward, several other children checked into southern California hospitals. All of them had drunk Organic Pastures raw-milk products, and they all were diagnosed as being infected with a virulent strain of E. coli known as O157:H7. Some of the children recovered rapidly, but two, Chris Martin and Lauren Herzog, got progressively worse.

The O157:H7 strain releases a jet of toxins when it comes into contact with antibiotics, so doctors face the difficult decision of allowing nature to take its course or intervening and risking further damage. Chris’s doctors administered antibiotics, Lauren’s did not, yet both children’s kidneys shut down. While Chris was on dialysis, his body became so swollen that his father said he wouldn’t have recognizedhim if he passed him on the street. Chris was in the hospital fifty-five days. Lauren went home after a month but then relapsed and had to return. Both children eventually recovered but may have suffered permanent kidney damage.

The illnesses didn’t stop raw-milk sales. Even as the state ordered store managers to destroy the milk on their shelves, customers rushed in to buy whatever they could. Several Organic Pastures customers said regulators had simply pinned unrelated illnesses on the milk. They pointed out that siblings and friends of the sick children had drunk the same milk from the same bottles and didn’t get so much as diarrhea.

Tests for E. coli in one of the milk bottles in question had also turned up negative. Although it seemed implausible that the state would frame Mark McAfee, the owner of Organic Pastures, it certainly was possible that regulators were predisposed to declare raw milk guilty. When state veterinarians came to search Organic Pastures for E. coli, they were surprised to see that the manure they pulled from the cows’ rectums was watery and contained less bacteria than usual. Patrick Kennelly, chief of the food-safety section at the California Department of Health Services, confronted McAfee with these facts in an email, writing, “Not only is this unnatural, but it is consistent with the type of reactions that an animal might have after being treated with high doses of antibiotics. . . . Why were your cows in this condition, Mark?”

McAfee does not use antibiotics on his organic farm. The state tests all shipments of his milk for antibiotics residue and has never found any. Allan Nation, a grazing expert, offered another explanation: the cows had been eating grass. Grass-fed cows carry a lower number of pathogens, he said. And for a few days in the spring and fall, when the weather changes and new grass sprouts, the cows “tend to squirt,” as Nation put it. But grass-eating cows have become so rare that, to California health officials, they seemed unnatural.

The norms of industrial dairying had become so deeply ingrained that a regulator could jump to the conclusion that all milk is dirty until pasteurized. Around the time that Chicago passed the first pasteurization law in the United States, in 1908, many of the dairies supplying cities had themselves become urban. They were crowded, grass less, and filthy. Unscrupulous proprietors added chalk and plaster of paris to extend the milk.

Consumptive workers coughed into their pails, spreading tuberculosis; children contracted diseases like scarlet fever from milk. Pasteurization was an easy solution. But pasteurization also gave farmerslicense to be unsanitary. They knew that if fecal bacteria got in the milk, the heating process would eventually take care of it. Customers didn’t notice, or pay less, when they drank the corpses of a few thousand pathogens. As a result, farmers who emphasized animal health and cleanliness were at a disadvantage to those who simply pushed for greater production.

After a century of pasteurization, modern dairies, to put it bluntly, are covered in shit. Most have a viscous lagoon full of it. Cows lie in it. Wastewater is recycled to flush out their stalls. Farmers do dip cows’ teats in iodine, but standards mandate only that the number of germs swimming around their bulk tanks be below 100,000 per milliliter.

When I was working as a newspaper reporter in Cassia County, Idaho, a local dairyman, Brent Stoker, had wanted to raise thousands of calves on his farm and sell them to dairies as replacements for their worn-out cows. Stoker’s neighbors, incensed by the idea of all that manure near their houses, stopped the project. Stoker wasn’t an especially dirty farmer—dairy associations showed off his farm on tours—but, to survive, dairies must produce a lot of milk, which means producing a lot of feces. I called Stoker recently, to talk dairy and catch up.

He was in the middle of another fight with the neighbors. This time he wanted to build a large organic dairy. I said I hadn’t taken him for the organic type. “Pay me enough and I am,” he said. Organic may mean no antibiotics and no pesticides, but it doesn’t necessarily mean grass-fed. When it comes to making milk, grass-fed cows simply can’t compete. Stoker’s current herd of nonorganic cows produce a prodigious eighty pounds of milk per day. That’s mostly because they are fed like Olympic athletes. They eat a carefully formulated mix of roughage and highenergy grains. “If you were to try to pasture them, you’d lose production down to about forty pounds,” Stoker said. “Of course, the cow would last a lot longer.”

Cows are designed to eat grass, not grain. Unlike mammals that can’t digest the cellulose in grass, ruminants are able to access the solar energy locked in a green pasture by enlisting the aid of microbes. These bacteria are cellulose specialists and turn grass into the nutrient building blocks that cud chewing animals need. In return, cows provide a place for bacteria to live—the rumen—and a steady supply of food. This relationship shifts when a cow begins eating grain. The cellulose specialists lose their place to bacteria better suited to the new food supply but not necessarily so well suited to the cow. The new bacteria give off acids, which in extreme conditions can send the animal into shock. Pushing too much high-energy feed through a cow can twist part of its stomach around other organs. This kink backs up the digestive flow to a trickle. The cow will stop eating, and sometimes you can see the knotted guts bulging under the skin. Other disorders also result from the combination of high-energy feeds and high production: abscessed liver, ulcerated rumen, rotten hooves, inflammation of the udders.

It is in a farmer’s interest to keep a cow healthy—but not too healthy. If a dairyman decreased the grain portion of a cow’s rations to a level that eliminated health problems, he would lose money. A balance must be struck between health and yield. It’s not surprising, then, that farmers end up sending grain-fed cows off to the hamburger plant at a much younger age than their pastured counterparts. On average, dairy farmers slaughter a third of their herds each year. As Brent Stoker put it, “We’re mining the cow.”

There are other bacterial opportunists that move in when a cow’s gastric environment is disturbed by a change in diet. Tired cows and ubiquitous feces combine to create conditions that are ideal for the transmission of pathogens. In a 2002 survey of American farms, the U.S. Department of Agriculture found Campylobacter in 98 percent of all dairies and E. coli O157:H7 on more than half of farms with 500 or more cows. When the milk at these large farms was tested, the researchers discovered salmonella in 3 percent of all bulk tanks and Listeria monocytogenes in 7 percent.

If that milk were shipped to supermarkets without pasteurization, a lot of people would get sick. Healthy cows with plenty of energy are less likely to take on pathogens. I asked Stoker if he’d ever considered returning to a smaller, healthier style of farming. “If I had a way to provide for my six kids and have a comparable standard of living I would do that,” Stoker said. “The way it is now, I’m more stressed, the animals are more stressed, our crops are probably more stressed. There’s nothing I would like more than to go back to that, but I’m too stupid to figure out how.”

The problem isn’t Stoker’s intelligence; it’s what he calls the “dishonesty of the market.” Advertisers promise that consumers can have the healthiest possible food from happy animals in idyllic settings at current prices. This obviously is a lie, but it’s a lie that most people accept. Although American consumers are periodically outraged by the realities of modern agriculture, they never stop demanding cheaper food.

Stoker doesn’t mind playing the hand he’s been dealt. He’s good at producing cheap food. But, he acknowledged, “cheap food makes for expensive health care.”

The people who buy from Michael Schmidt are atypical consumers. They pay a premium for food they believe will keep them healthy. In their estimation, Schmidt has a biological formula working for him that will be to their benefit. The elements of a dairy farm—the cows, plants, microbes, and humans—have been together long enough to have sorted out their differences. By working within this system, Schmidt can take advantage of some natural efficiencies.

Although the life expectancy of a conventional dairy cow is a little under five years, Schmidt’s cows are eight, nine, and twelve years old; they are glossy-coated and solid on their feet. Schmidt told me that he hasn’t needed to have someone trim his cows’ hooves in fifteen years.

The cows produce only around twenty-five pounds of milk daily, one third the production of Brent Stoker’s animals, but Schmidt doesn’t have to pay much for veterinary service. He doesn’t have to slap haunches to roust exhausted animals from their beds; his cows actually line up on their own for milking. There’s a little trick he likes to show off when it’s time for them to return from the fields.

“Watch this,” Schmidt said, and he pulled open the door. The cows came jogging in, each one peeling out of line to take her place, unprompted, in the barn beneath a white placard bearing her name: ANNA, SOPHIA, CANTATE, LAURA.

They buried their heads in the hay. He beamed. So far the microbes that end up in Schmidt’s milk have been benign, possibly beneficial. He says biodynamic farming doesn’t open up new niches for unfamiliar forms of bacteria, and it encourages the ones people have adapted to.

It turns out that black-market buyers aren’t the only ones who think germ-infested milk is healthy. The yogurt giant Dannon has invested heavily in understanding the benefits of bacteria, and the company now sells dairy products stocked with healthy, or “probiotic,” microbes: DanActive, “an ally for your body’s defenses,” which comes in a small pill-shaped bottle and provides a dose of an organism owned in full by Dannon called L. casei Immunitas; Danimals, a more playfullypackaged bacteria-infused drink, designed to appeal to children; and Activia, a yogurt containing a bacterium the company has named Bifidus regularis, which “is scientifically proven to help with slow intestinal transit.” Both Michael Schmidt and Dannon may be working to reintroduce bacteria into the modern diet, but Schmidt labors under a principle of submission. He accepts the presence of unknown microbes and tries to make his customers healthy by keeping the creeks that run through his farm clean, by maintaining the stability of his ecosystem. In contrast, Dannon’s is a philosophy of mastery.

Milk comes to Dannon’s Fort Worth processing plant in tanker trucks, arriving wild, full of its own diverse bacteria. It leaves the factory civilized and safe, in four-ounce cups. It takes a lot of machinery to accomplish this domestication: miles of stainless-steel pipes, huge fermentation vats, and dozens of white-frocked, hairnet-wearing workers. Although the process is intricate, the concept is simple: kill the bacteria, then add bacteria. Workers pasteurize the milk not once but twice. All yogurt is made when benign bacteria are mixed into milk.

But Dannon also adds probiotic bacteria, and when I visited the plant last year, this is what Iasked to see. Dannon employees looked at one another nervously. The bacterial strains are proprietary, and so are the methods surrounding their use. My public relations minder, Michael Neuwirth, exchanged a few words with J. W. Erskin, the plant manager, then nodded.

“We can see the place where it’s done,” Neuwirth said. The room was lined with freezers. Neuwirth opened one, and frost billowed out. Inside were stacks of what looked like one-quart milk cartons, encrusted with ice. “This is for Activia, right?” Neuwirth asked. “Yep,” Erskin said. “Regularis.” The Dannon workers explained that each carton contained thousands of tiny pellets consisting of frozen milk and bacteria. You can buy non-proprietary yogurt-making bacteria for about $40 a bottle from several suppliers. No one at Dannon would tell me the price of the company’s proprietary strains, but Erskin said, “When our little friends die, it’s very costly.”

Workers wait for the moment when the milk reaches the ideal temperature, then add the bacteria. Lactobacillus bulgaricus, a yogurtmaking bacterium, acts first, converting sugar to acid; Streptococcus thermophilus is next. These prepare the substance for the probiotic strains. Every bacterial move is choreographed. Although the Dannon people wouldn’t show me how the healthy microbes fit into this process, they did take me next door, to the bottling room, where the precision continued, though in engineering rather than biochemistry.

The most beautiful machine there was the one filling little bottles with DanActive. The bottles moved across the ceiling, propelled by compressed air along a metal track, halting, then scooting forward, like a line of penguins. When the bottles reached the machine, an auger caught them in its threads, sending them spinning in an endless line around gears and carousels. The machine cleaned the bottles with acid, zapped them with sterilizing UV light, filled, sealed, boxed, and stacked them—in scherzo—at 460 containers per minute.

Erskin stood beside me, watching through the Plexiglas window.

“It’s like a ballet,” he said. Dannon’s new lines of products lend some credibility to the claims of bacterial necessity made by Schmidt and other raw-milk advocates. Albeit cautiously, scientists have also begun weighing in on whether such technologies as pasteurization have purged necessary bacteria from our food. When I started talking to milk experts, several told me I needed to speak to Bruce German. A food chemist at U.C. Davis, German realized early in his career that if he could determine what a food perfectly suited to our DNA looked like, he would have a Rosetta Stone with which to solve the puzzle of dietary well-being. He would be able to examine each molecular component of this food to understand what it was doing to make people healthy. No plant would do as a model, since evolutionary pressure tends to favor plants that can avoid being eaten.

The model food would be just the opposite: something that had evolved specifically to be a meal, something shaped by constant Darwinian selection to satisfy all the dietary needs of mammals. That Urfood, of course, is milk.

The day I visited German, he was hosting a reception in honor of Agilent, a company that had helped develop a machine able to analyze oligosaccharides, sugar polymers found in breast milk. As we walked across the U.C. Davis campus, German brought me up to speed. He’s a slight, energetic man, with smile lines creased into his face. His excitement for his work is infectious. Oligosaccharides make up a large portion of human milk, in which they are about as abundant as proteins. The curious thing about them, German said, is that they are indigestible.

Which means, he said, one hand chopping the air, that they are there to feed the bacteria living inside a baby’s gut, not to feed the baby. As far as scientists know, only one microbe thrives on this sugar, a bacterium named Bifidobacterium infantis that has a fairly unique genome.

“There’s a lot of evidence that we coevolved with this organism,” German explained. “It’s really specialized to us and vice versa. Mothers recruit this entire life form to help the process of digestion.”

Chemists have identified numerous other compounds in milk that are there not just to nourish babies but to create a specific microbial ecosystem. Lactoferrin,
lysozyme, and lactoperoxidase kill off only harmful bacteria, not beneficial bacteria. (These selective bactericides, along with oligosaccharides, are also in cow’s milk, though in lower concentrations.) Consider, German said, what it means that milk, the model food, has evolved such a sophisticated chemical system that caters not to us but to our microbial friends. It means, he said, raising his eyebrows, that “bacteria are tremendously important to us”—so important that researchers studying the microbes living inside us say it’s unclear where our bodily functions end and the functions of microbes begin.

By any rational measure, this world belongs to microbes. They were mastering the subtleties of evolution three billion years before the first multicellular organism appeared. They continue to evolve and adapt in a tiny fraction of the time it takes us to reproduce once. They flourish in polar ice caps, in boiling water, and amid radioactive waste. We exist only because some of them find us useful. Ninety percent of the cells in our bodies are bacteria. The entirety of human evolution has taken place in an environment saturated with microbes, and humans are so firmly adapted to the routine of sheltering allies and rebuffing enemies that the removal of either can devastate our defense systems.

For the past century, however, we’ve done our best to wall ourselves off from microbes. In 1989, David Strachan put forward the “hygiene hypothesis,” which posed that this separation could be causing the increased incidence of immune disorders. As the years have passed, many studies have helped refine his proposal.

Scientists found that hygiene itself wasn’t a problem. People who never used antibacterial soap were just as likely to have asthma as those who scrubbed obsessively. In a 2006 study of thousands of children living on farms in Shropshire, England, Strachan and another scientist, Michael Perkin, found that raw-milk drinkers were unlikely to have eczema or to react to allergens in skin-prick tests.

“The protective effect of unpasteurized milk consumption was remarkably robust,” Strachan and Perkin wrote. Then, in May of 2007, a group of scientists published a paper after surveying almost 15,000 children around Europe. They found that children who drank raw milk were less likely to have any among a wide range of allergies. Either there’s something about industrial milk that’s harmful, Perkin wrote in a commentary that accompanied the paper, or there’s something in raw milk that’s beneficial.

None of these findings mean that raw milk is safe. Every single study contains the caveat that raw milk often harbors pathogens. From an epidemiological perspective, Bruce German told me, advising raw-milk consumption at this point “would be crazy.”

Health officials certainly should have a high level of confidence before approving anything risky. But in light of the new evidence, it was becoming harder to deny that something beneficial was being lost during pasteurization.

And health officials also have an obligation to ensure that they are not outlawing what makes us healthy. Last March I drove to Fresno to meet Organic Pastures owner Mark McAfee and see how he had fared since the E. coli outbreak. The dairy is made up of a few prefabricated double-wide trailers on 450 acres of pasture extending out into the hazy flatness of California’s Central Valley.

When I arrived, some 200 cows were chewing their cud on thirty shadeless acres of closely cropped grass. McAfee culls about 14 percent of his herd each year, far below the industry’s average but still above Schmidt’s. When you have fewer than fifty cows, like Schmidt, it’s different, McAfee said. “You have time to give each one a foot rub every night. You can do yoga with them every morning.”

After walking through the dairy, we sat down in McAfee’s office. Lab results had found the exact same sub-strain of E. coli O157:H7 in almost all of the children who fell ill after drinking unpasteurized dairy. Yet McAfee remained unfazed. How did it help to show that the bacteria from each patient matched, he asked, when one patient, an eighteen-year-old in Nevada City, claimed he hadn’t drunk the milk? The disease trackers I talked to explained this by saying that sometimes germs move indirectly. Someone else in the family spills a little milk. You wipe it up. Then you wipe your mouth. But there was another theory I’d been hearing from scientists working to explain why O157:H7 had burst onto the scene in the 1980s with such virulence. Maybe, they said, it wasn’t that the bacteria had changed but that we had changed.

In Brazil outbreaks of E. coli O157:H7 are unheard of, though the bacteria exist there. A pair of recent studies show that Brazilian women have antibodies protecting them against O157:H7 and that they pass these antibodies to their children through the placenta and their breast milk. I found this interesting, especially in light of the fact that in every case I learned about, the victims of the Organic Pastures outbreak had just started drinking
McAfee’s milk. Perhaps those who had been drinking the milk longer had developed the antibodies.

“It’s an old story,” McAfee said. “You see it again and again in the lists of outbreaks. City kids went to the country, drank raw milk, and got sick; country kids didn’t get sick.” But, I pointed out, this explanation still implicates Organic Pastures. McAfee shook his head. “Look, if I made four kids sick, I made four kids sick. But show me the 50,000 kids I made healthy. We don’t guarantee zero risk. We aren’t worried about the .001 percent chance that someone will get sick; we are worried about the 99 percent assurance that you are going to get sick if you eat a totally sterile, anonymous, homogenous diet.”

The problem for McAfee is that the .001 percent is shocking and visible. A dying child will make people change their behavior. The diseases that might stem from a lack of bacteria are much more subtle. They come on slowly. It’s difficult to link cause and effect. Businesses that contribute to chronic disease often flourish while businesses that contribute to acute disease get shut down. McAfee, now clearly incensed, dismissed this line of reasoning.

“If my milk gets someone sick, I deserve some blame, but not all of it. People have to take responsibility for maintaining their own immune systems. And we have to look at an environmental level too. Where did these germs come from? E. coli O157:H7 evolved in grain-fed cattle. It’s amazing to me that we’ve sat by as factory farmers feed more than half the antibiotics in the country to animals and breed these antibiotic resistant bacteria at the same time the food corporations are destroying our immune systems. I believe our forefathers would have grabbed their muskets and gone and shot someone over this. They would have had a tea party over this.”

Instead of grabbing his musket, McAfee is expanding. He’s building a $2 million creamery, complete with a raw-milk museum. He expects to finish construction in 2009. I asked what he’d do if regulators come to shut that down. “I have an email list of 8,000, ready for immediate revolutionary action,” he said.

When the California legislature quietly passed a law late last year with such strict standards that it constituted a de facto ban on raw milk, McAfee mobilized these forces. In January hundreds of people packed into a committee chamber in Sacramento carrying their children and wearing black GOT RAW MILK? T-shirts. A legislative study group is now working to come up with new standards.

Aside from the revolutionaries and reactionaries, what are the rest of us to do? When Schmidt’s case goes to trial this spring, his lawyer, Clayton Ruby, will challenge the constitutionality of mandatory pasteurization.

In Canada, Ruby is one of those lawyers people threaten to hire in the same way people in the United States used to say they were going to hire Johnnie Cochran. He’s sure to argue eloquently, but the judge’s decision on milk will leave unanswered the larger question of how we should mend relations with our microbial friends. The court won’t tell us whether raw milk is good for people or how Schmidt has managed to distribute it for twenty five years without making anyone sick. Someday scientists may answer these questions. But until then, we will have to conduct our own calculations to determine what constitutes clean and healthy food.

When I sat at Schmidt’s breakfast table early one morning, glass in hand, I understood the possible consequences of my choice. All the competing science was there, along with the stories of epic sickness I’d heard. And I have to confess, the thought crossed my mind that if I got sick it would make a hell of a story. But when it comes down to it, here’s why I drank the raw milk.

The sun had just come up, and we’d already finished three hours of work in the barn. I was filled with a righteous hunger. The table was laden with eggs from the chickens, salami from the pigs, jarred fruit, steaming porridge, cheese, and yogurt.

Although dairy isn’t for everyone, I come from the people of the udder: my ancestors relied so heavily on milk that they passed down a mutation allowing me to digest lactose. For many generations my forefathers sat down to meals like this after the morning milking. It felt unambiguously right. This, of course, is the very definition of bias: the conflation of what feels right with what is scientifically correct. But as it was, I could only hope that my biases were rooted in something more than nostalgia. Perhaps they were. The way a place feels won’t tell you anything about whether bacteria have breached the wall of sanitation, but it does reveal something about the overall health of an ecosystem. Humans have relied on such impressions to assess the quality of their food for most of history. Someday the uncertainties of dietary science will fall to manageable levels, but until then I will rely on my gut. I drained my cup and poured thick clabbered milk and apple syrup on my porridge. If any bacteria disagreed with my body, the conflict was too small to detect.

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