Daily Archives: November 8, 2008

It’s legal to drink raw milk, but it’s not legal to sell it? — Kafkaesque legal dramas in BC and Ontario

Kimberley Hartke publishes yet another version of her recent commentary on raw milk issues, this time in “The Province” newspaper, from Vancouver, titled “Our law should allow sale of raw milk from cows fed on green grass”. Here’s a sampling:

“Alice Jongerden, a Chilliwack dairy farmer, provides her shareholders milk as dividends. And, now she finds herself in a heap of trouble with the government.

Around 250 families are dependent on her for a staple in their daily diet. They believe in raw milk and have invested in a farm to get it.

Michael Schmidt, a farmer in Ontario is being prosecuted for a similar cow-boarding program. In his case, he faces 20 criminal counts….”

“….Canadians have the right to consume raw milk, yet its sale is prohibited by law. Is it not logical for citizens to find a legal way to exercise rights? And, should it not be the role of government to secure those rights? Continue reading

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Ohio Department of Agriculture loses challenge over legal uses of raw milk

Check out this story by Tom Lotshaw of the Marietta Register. Here’s an excerpt:

“Ohio Department of Agriculture [ODA] officials engaged in illegal rulemaking and violated the constitutional rights of two local farmers in order to stop them from legally using raw milk as an ingredient in their pet food products, a Washington County judge ruled last Wednesday in Marietta.

Common Pleas Judge Ed Lane’s ruling, wholly against the ODA, ends at least for now a two-year struggle against the ODA by Washington County farmers Linda Fagan and Donna Betts.

The ruling orders the State of Ohio to pick up the tab for attorney fees and court costs that were incurred by Fagan and Betts, and leaves the two women free to resume production of their pet food products using raw milk.

In February 2006 the ODA issued stop orders against each of the two women for selling pet food products “made from milk, [which] is not recognized as a feed ingredient under the definition of [the] Association of American Feed Control Officials.”

There had been no complaints against the pet food products, and Fagan and Betts had both been licensed by the ODA to produce them using raw cow and goat milk, per ODA-approved labels, for nearly five years. Continue reading

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“Time to lift ban on raw milk” — align Canada with other G8 countries — letter to Owen Sound Sun Times

Here’s another well-written letter to the Sun Times editor, addressing the raw milk issues that have been raised in recent editorials. Seems like a sound argument to me:

“When Michael Schmidt’s cows start producing “abstract-expressionist paintings” I will buy the entire herd instead of just the left-front udder of “Bessie” as my cow-share!

Your editorial (Oct. 21) fails to consider “the law is an ass” issue and takes several other questionable issues for granted.

The law’s main weakness is that the other seven of the G8 nations have not found reasons to exclude unpasteurized milk from their markets. Just as they regulate milk producers for pasteurization, they also regulate producers of raw milk. They produce raw milk without health problems!

The Ontario Legislature’s reluctance to produce regulations that will bring us in line with our major trading partners is what makes the law that excludes raw milk so lame. Continue reading

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