Another look at the laws about raw milk

Contrasting Ontario Laws and Acts about Raw Milk in Courts with other Major Jurisdictions (Part 2)

by Raoul Bedi, BASc

I – Introduction :

Last week we listed some of the major acts, laws and regulations being cited by Crown Lawyers in the latest manifestions, in the form of the 2 applications listed below, in the never-ending case(s) against Organic Raw Milk and its adherents, consumers, supporters, co-op members, farmers and producers in Ontario and Canada. For brevity’s sake we gave only the relevant sections from the Ontario Milk Act and Milk Regulations to begin with .

We then observed, in Newmarket Court, the Crown Lawyers for Gavin Downing, director for the Milk Act, and the York Region Municipality, systematically work through all of those major acts, one by one in great detail, stating first which sections were violated, what they say and mean, and then the evidence (from myriad affidavits, discovery and testimony) to support their claims of violation, and punishment(s) sought.

In addition to all the Acts and Regulations listed last week and again today, the Crown’s Legal team consisting of 4-5 lawyers, also cited 6-10 examples of Case Law which we will not list here. Of interest was the fact that they cited case law from England to justify the enforcement of certain bureaucratic regulations, and the need for concomitant restraining orders where they have been continually violated.

The SUPREME IRONY here is that they failed to cite the most important Laws and Statutes of all , from the United Kingdom , namely that Fresh, Organic Raw Milk from Grass-fed cows is 100% legal and freely available from Her Majesty the Queen’s homeland . Please see https://www.food.gov.uk/business-industry/farmingfood/dairy-guidance/rawmilkcream#toc-4

How can this be one might ask ?

Vermont legislature may revoke exemption for child vaccination

From the Alliance for Natural Health:

Picture via Alliance for Natural Health

“The philosophical exemption will likely be revoked if we don’t take action.

As we reported in March, a bill threatening a parent’s right to refuse vaccination for their child using a philosophical exemption was introduced in Vermont, and it could all be decided this week. Currently, Vermont is one of twenty states in the US that allow a philosophical, personal, or conscientious belief exemption to vaccination, though the pharmaceutical and medical trade association lobbies are mounting a campaign to persuade state legislators to strip philosophical or conscientious belief exemptions to vaccination from state public health laws.

Raw milk rally in Wisconsin Feb. 22nd

From the Wisconsin Raw Milk Association:

On Wednesday February 22, 2012 everyone is invited to help with The Raw Milk Lobby Day at the Capitol.
YOUR HELP AND SUPPORT IS NEEDED FOR SB108, THE RAW MILK BILL.

The Wisconsin Raw Milk Association and their lobbyist will be coordinating the morning’s efforts, and ask that you come out in full force to help educate your legislators that morning on the benefits of raw milk and how it can be produced safely for human consumption.

Speculators don’t take kindly to limits on driving up food prices for profit

From Edward Miller, on Civil Eats, where it’s  titled “The Empire Strikes Back”:

“On December 2, 2011, two of Wall Street’s top lobby groups launched an assault on a newly reinstated “position limits” regulation, which aims to curb speculation in commodity futures markets–and a key factor behind rising food prices–in the first ever case brought against the Commodity Future Trading Commission (CFTC).

The two lobby groups, the Security Industry and Financial Markets Association and theInternational Swaps and Derivatives Association have challenged the extremely controversialposition limits rule, which the CFTC passed in a narrow 3-2 vote this October. Wall Street has recruited the lawfirm of Gibson, Dunn & Crutcher, whose lawyers Miguel Estrada (among Bush’s counsel in Bush v. Gore) and Eugene Scalia (who overturned a Securities and Exchange Commission rule earlier this year) are determined to hold the scepter of market regulation at bay.

Trying to take away the right to grow food… in New Zealand, of all places

From Martin on Investment Watch Blog. Thanks to Jacinta for the heads up:

Photo from the New Zealand blog Sunshine + Design. Click to go there.

“I was shocked to learn from a friend on the weekend that a new Food Bill is being brought in here in New Zealand.  The new bill will make it a privilege and not a right to grow food.

I find two aspects of this bill alarming.  The first is the scope and impact the new bill has, and secondly that it has all happened so quietly.  There has been VERY little media coverage, on a bill which promises to jeopardise the future food security of the country.

I read that the bill is being brought in because of the WTO, which of course has the US FDA behind it, and of course that is influenced by big business (Monsanto and other players).  It looks like this NZ food bill will pave the way to reduce the plant diversity and small owner operations in New Zealand, for example by way of controlling the legality of seed saving and trading/barter/giving away; all will be potentially illegal.  The best website to read about the problems with the new bill is http://nzfoodsecurity.org (I have no connection with this website)

New Jersey raw milk advocates hold out hope for passage of new legislation

From Carmen Juri/The Star Ledger, on NJ.com:

A herd of Jersey Cows feeds on a Orchard grass mix in addition to eating field grass at Birchwood Farms. Mike Tierney, owner of Birchwood Farms in Pennsylvania, sells raw milk he produces form a herd of 34 Jersey Cows. Farmers cannot sell raw milk in New Jersey, but that doesn't stop New Jersey residents from traveling out of state to get their fix. A large number of his customers are from New Jersey. Photo: Robert Sciarrino/The Star-Ledger

When Tina Shallis runs out of milk, it’s time for a road trip.

The Edison resident drives 90 miles round trip to Birchwood Farms in Pennsylvania to buy six gallons of unpasteurized milk — enough to last 10 days for drinking and making ice cream or kefir.

And, here’s the kicker: She pays $8 a gallon, about twice the amount of a gallon of pasteurized milk at the supermarket.

“It is well worth it,” said Shallis, a mother of two. 

Quashing raw milk goes badly in WI

From 3 Wheeled Cheese:

“A decision by a Dane County judge to block a northeastern Wisconsin farm from selling raw milk might have reignited a longstanding debate over free taste and health safety.

California’s Santa Cruz County passes Food Freedom resolution to protect private cowshares and food freedom

As reported in the Local Food Freedom — Nevada County blog.

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County of Santa Cruz

BOARD OF SUPERVISORS

RE: RESOLUTION RECOGNIZING THE RIGHTS OF INDIVIDUALS TO GROW AND CONSUME THEIR OWN FOOD PRODUCTS AND TO ENTER INTO PRIVATE CONTRACTS WITH OTHER INDIVIDUALS TO BOARD ANIMALS FOR FOOD

Dear Members of the Board:

For many years, Santa Cruz County has been at the forefront of the local food movement. It has long been recognized that eating locally and growing your own food supports sustainability, local farmers, and healthy eating.

Michael Schmidt’s statement regarding actions by Fraser Health re “Our Cows” raw milk cowshare in Chilliwack B.C.

Photo of one of the cows from the "Our Cows" raw milk cowshare in Chilliwack, British Columbia. Thanks to Hella D for the photo. Click image above to go to Hella's post with more such photos.

Statement regarding the Raw milk farm search by health authorities in BC [by Michael Schmidt, who is the agister for “Our Cows”]:

Fraser Health followed exactly my suggestion which I made last year to Tim Chum who is head of enforcement at Fraser Health in BC.

Time running out for Irish raw milk?

From the Offaly Express:

THE Campaign for Raw Milk has urged the Government not throw away what they describe as ‘a real business opportunity for small farmers’.

Within two months the Irish Government will ban the sale of ‘raw’ (unpasteurised) milk direct to consumers. The move is being taken despite the fact that, according to campaigners, the product represents a valuable opportunity as a niche market for small, specialist dairy farmers. Repeated attempts to convince the Government of this have fallen on deaf ears. In other countries where the product is legally available, consumption is increasing. The Campaign for Raw Milk is comprised of food industry organisations as well as food businesses and consumers.