Freedom to buy and sell raw milk

From Karen DeCoster on Mises Daily:

“The August 3, 2011, shakedown of the Rawesome food cooperative in Venice, California, in spite of the tragic outcome, has produced one positive result. The ruthless raid on the part of miscellaneous government agencies has sparked a wave of unprecedented discord over the question, How can government dictate what we choose to eat when we each have unique standards for good nutrition?

This federalista blitzkrieg came at a time when raw milk alarmism had reached an all-time high. The folks who wish to banish raw milk can’t leave the issue alone, and instead they have ramped up a cacophonous crusade against one of nature’s glories. Day after day, articles and news bits appear in the mainstream media, full of fear mongering and panic-producing propaganda in regard to the safety of raw milk.

A July 2011 article on Dairyherd.com has some interesting survey results on comparative raw-milk regulations on a state-by-state basis. To summarize, 30 states allow consumers to transact with raw-milk producers while 20 states prohibit that act of freedom. And don’t forget that federal laws prevent the sale of any raw milk over state lines. The federal government’s response to the good white stuff moving over state lines is to send in armed soldiers in full battle gear to seize and destroy.

Thirteen mini-regimes across the United States allow the sale of raw milk on the farm where it was produced, while four of those thirteen allow only “incidental occurrences,” with that being defined as “occasional sales, not as a regular course of business; no advertising.” Surely, the feds can interpret “occasional” and “regular” and “advertising” in a whole host of capricious ways. After all, it is the use of arbitrary laws with a host of potential interpretations that enables the feds to conduct their criminal operations that consist of seizing product and regulating small producers out of business.

Four of those 13 states only allow raw goat milk while Kentucky and Rhode Island — now get this — require a prescription from a physician! Of course, you can interpret that to mean raw milk must be medicinal (ask moms who remedy their child’s allergies with raw milk), but then again, there’s no such thing as a Big Milk Pharma that exists as a corporate arm of the state to keep its products available for the masses. Lastly, 11 states allow raw milk to be sold in retail stores outside of the farm.

Several of the states that allow the sale of raw milk for human consumption have various twists and turns in their laws that make it very difficult to get the milk from the farm to the consumer. This essentially limits, or in some cases prevents, the sale of the product. However, imaginative entrepreneurs whose businesses are stifled by the government’s despotic decrees have conceived the idea of herd shares, and this allows folks to jump through aboveboard hoops to buy a “piece” of a herd and get their raw milk. Though this is a costly administrative burden for both buyer and seller, any time that people can conjure up visionary ways to skirt the laws of the regime, freedom has taken a small step forward.

It is important to note that Rawesome was a private, voluntary cooperative of consenting members who took responsibility for any potential risks. Rawesome members even signed waivers before becoming a food-club member. With all of the agencies involved (USDA, FDA, LA County Sheriff, CDC) over a period of a year, this jihad came at great expense to taxpayers. The LA Weekly describedit this way:

The official word from the DA’s office is that Stewart, Palmer & Bloch were arrested on criminal conspiracy charges stemming from the alleged illegal production and sale of unpasteurized goat milk, goat cheese, yogurt and kefir. The arrests are the result of a yearlong sting. The 13-count complaint alleges that an undercover agent received goat milk, stored in a cooler in the back of Healthy Family Farms van, in the parking lot of a grocery store. While it’s legal to manufacture and sell unpasteurized dairy products in California, licenses and permits are required. Rawesome may have violated regulations by selling raw dairy products to non-members.

Here is a link to the 21-page complaint.Download PDF Among the many charges against owner James Stewart is one that immediately stood out: entering into private leasing arrangements with consumers. This charge is still fuzzy, and I am sure the feds can produce a whole book of crimes.

In a recent edition of the Atlantic, an article was published that does a solid job of covering the Rawesome food-club raid and its aftermath. The Atlantic writer, Ari LeVaux, compares the Rawesome raid by federal and local agencies to the contamination of 36 million pounds of Cargill ground turkey (one tally is 77 known ill people, 1 dead). Rawesome was raided, trashed, and shut down, and meanwhile, Cargill executives were analyzing the costs of a recall vs. the potential for negative publicity from the tainted meat so they could voluntarily decide whether or not to recall the product….”

Read it all on Mises Daily.

Thanks to Karen for the link!

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