Court orders B.C. cowshare “Home on the Range” to stop the flow of raw milk

This just in via Gordon Watson — a story by Jeff Nagel from Abbynews.com:

A pastoral scene of raw milk drinking -- from a community cowshare in Beautiful British Columbia -- photo via Gordon Watson's Bovinity website. Court injunction would block access to raw milk.

“Fraser Health has won a permanent court injunction that orders a controversial Lower Mainland cow-sharing co-op to stop distributing raw milk.

It’s illegal to sell unpasteurized milk in B.C., but not for farmers to drink it, so the co-op formed to skirt the law by giving the 400 Lower Mainland members joint ownership of 22 cows at Chilliwack-based Home On The Range dairy.

B.C. Supreme Court Justice Miriam Gropper ruled farm operator Alice Jongerden is “willingly causing a health hazard” and must stop packaging or distributing raw milk or related products for human consumption.

Home On The Range argued an Ontario court ruling upholding a similar raw milk co-op there set a precedent exempting operations where members don’t pay directly.

Members hoped a victory would effectively legalize raw milk in B.C. and allow more cow-shares to form.

But Justice Gropper ruled B.C. law is different from Ontario’s in that it already defines raw milk as a health hazard and no evidence of danger is required to prove a violation of B.C.’s Public Health Act.

Nor, she said, did it matter that the co-op provides milk to members rather than via direct sale to the public.

“The remedy for the respondents is to convince the government to change the legislation,” she found.

Public health officials had previously ordered Home On The Range to cease distribution, citing gastrointestinal illness in a young girl who consumed raw milk and extremely high fecal coliform counts in samples of seized milk.

One dairy member said the ruling is disappointing but may not stop enthusiasts from getting the raw milk they say is safe and healthier than pasteurized milk.

“We’re going to keep on dairying within the letter of the law,” said Burnaby member Gordon Watson, who helped defend the co-op in court.

The dairy cows must still be milked and Watson said the ruling doesn’t stop Jongerden from caring for them.

“The threshold is in the milking room,” he said. “That’s where she’s not allowed to handle milk for sale.”

Watson said he believes members like himself can still legally come to Home On The Range and package their own milk to take home.

“The milk is continuing,” he said. “People are getting the raw milk today.

I will be taking responsibility for the packaging and distribution.”

Previously, some stores acted as depots, but as enforcement tightened members began meeting furtively to pass along milk.

The co-op intends to appeal, Watson said.

Jongerden could not be reached for comment.

Fraser Health spokesman Roy Thorpe said the authority is pleased with the ruling and believes it blocks all distribution, whether Jongerden or others do the packaging….”

Read the whole story on Abbynews.com

11 Comments

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11 responses to “Court orders B.C. cowshare “Home on the Range” to stop the flow of raw milk

  1. thebovine

    I note some stories on this case say the injunction came from the B.C. supreme court. That’s not the impression I’ve had until now.

    Are we seeing psy-ops or what?

  2. I’m sorry to hear this news, Gordon.

  3. thebovine

    How did this suddenly escalate to the Supreme Court of B.C.? Does the state — like God — work in mysterious ways?

    • Walter's Dad

      I wouldn’t read too much into it. Line 8 of Madame Justice Gropper’s judgment lists the relevant statutory provisions – including the BC Public Health Act (s. 48) – which basically says that an application for injunction has to go the Supreme Court (i.e. there’s no other option).
      Sorry, but on that point there’s no conspiracy or psy-ops.

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  5. Cheryl Hadden

    I’ve always had great respect for Canada…till now.
    This is not a health issue anymore, but a question of civil rights, food freedom and the right to eat what we want.
    Transfat is not good for us, but did NYC have to ban it from all eating establishments?
    Did California have to order ALL almonds to be irradiated?
    Why is it that they only put a hit on foods that are healthy?
    Why don’t they ever force growers and producers of proven unhealthy foods to comply to strict safety standards?
    How can they allow whiskey, tobacco products, diet foods with aspartame, artificial colors and flavors and other foods with HFCS in them to be freely sold everywhere?
    Baby formula has no requirements, no standards to ensure the safety of the products, makers can put whatever they want into them with no fear of restraint. Well, everything but raw milk.
    They can make any claim, any reason for the things they put in without any proof of safety or benefit.
    This is what makes these kinds of ruling so unfair and outrageous!
    It also makes it obvious that the only reason there is a question of safety is because these farm co-ops pose a threat to profits of industrial milk.
    There are no regulations on the condition of factory dairy farms, no inspectors breathing down the neck of the factory dairy farm owners, no concern about the condition of the cows, the methods or the growing epidemic of E coli and salmonella created because of the factory methods or raising cows.
    And this obvious ignoring of the conditions of the factory dairies is so reckless that it defies comprehension.
    There simply is no comparison between the small organic cow share dairy farms and the giant factory dairies, it is inconceivable that they could favor the giant dairies over the cow shares.
    If anything the situation should be the other way around, that factory dairies be held to the same standards as the organic dairies.
    All factory farms should be shut down worldwide, period.
    We must be doing something right, somebody out there is scared of the competition!

  6. Bill McGuire

    I just had a great idea. I will be seeking an injunction from the B.C. Supreme Court to Close down all Liquor stores, pub, lounges, etc. in B.C. on the grounds that they are “willingly causing a health hazard” by selling alcoholic beverages (proven to cause disease, death, and family misery). Maybe a 2 for 1 would be a good idea. At the same time, seek an injunction prohibiting retailers from “willingly causing a health hazard” by selling tobacco products. I DO understand however, that drinking milk is far more dangerous.

    On a serious note – naw…….

    Bill McGuire

  7. Simon

    It is pretty damn sick!
    We live in a very sick world!

  8. Simon

    Hey!! COCA-COLA for life is way better right?
    Or energy drinks instead?

    Sick world!!

  9. Pingback: The War on Raw: Your nanny state boils the milk, but you don’t have to drink it | Tuulips

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