Page 88 - Spring2008

Americans look to the CDC to provide factually correct information that is the intramural Laboratory of Cancer Prevention,
not misleading. The above references prove that pasteurization does harm where he conducted research on the cancer pro-
the nutritional value of milk. Therefore, the CDC is obliged to remove the tective effects of selenium against colon cancer
following erroneous statement from its website, recommendations and all in mice. He has published in peer-reviewed jour-
other CDC materials: “Pasteurization does not harm the nutritional value nals such as the Journal of Nutrition, Journal of
of milk and cheese.” Infectious Disease, and Biochemical Journal. He

The available scientific evidence shows that pasteurization does harm has served as research consultant to the Adelle
the nutritional value of milk and cheese. Davis Foundation and the Price-Pottenger Nu-
trition Foundation. Dr. Irons received fi rst prize
Dr. Robert Irons earned his PhD in Nutritional Immunology from the for his poster presentation at Wise Traditions
University of Missouri-Columbia. His graduate work examined the ef- 2007. Dr. Irons is Vice-President of Research

fects of omega-3 polyunsaturated fatty acids from fish oil on primary and and Development at V.E. Irons, Inc., a dietary
secondary immune responses to infectious disease. He received postdoc supplement manufacturer established in 1946.
training at the National Institutes of Health/National Cancer Institute with He can be reached at Robert@veirons.com or
a dual role in the extramural Nutritional Sciences Research Group; and (816) 221-3719 extension 704.

NEW YORK UPDATE

The dispute between Meadowsweet Dairy LLC and the New York Department of Agriculture and Markets (NYDAM)
has escalated into a war that is now being fought on three fronts. (See the Winter 2007 issue of Wise Traditions for back-
ground on the case.) In November the Commissioner of NYDAM issued an order for the destruction of dairy products
that the agency had placed under seizure a month earlier. On December 11, the LLC and its 121 owners filed suit against
NYDAM in Seneca County Supreme Court asking that the court issue a permanent injunction prohibiting the agency from
interfering with the LLC’s operations. On December 13, NYDAM struck back by filing an administrative complaint asking
farmers Steve and Barbara Smith (the majority owners of the LLC) to show cause why Meadowsweet Dairy should not be
shut down for, among other things, selling raw milk without a permit.
Shortly after filing the suit, the agency sent inspectors to the Smiths’ farm with a warrant to destroy those dairy prod-
ucts under seizure. During their visit, the inspectors noticed other dairy products and asked to inspect them. The Smiths
responded by calling their local sheriff who, upon arrival at the farm, told the inspectors that they did not have a warrant
to inspect other products and should leave. Inspectors showed up again on December 19, this time with a warrant to
inspect the Smiths’ entire premises. When the inspectors got to the farm’s processing facility, they found that locks had
been installed on its doors. The inspectors asked the Smiths to unlock the doors. The Smiths called their attorney, Gary
Cox, and read the warrant to him. The warrant did not contain any provision authorizing the use of whatever force to
gain access to a facility; so, Gary therefore advised the Smiths not to unlock the doors. After consulting with their boss at
NYDAM’s Division of Milk Control and Dairy Services, the milk inspectors eventually left without getting into the processing
facility. They returned nine days later with the same warrant but were denied access a third time and again went home
empty handed.
NYDAM retaliated for the Smiths’ refusal to let it inspect the farm’s processing facility. On February 1, pursuant the
request of the agency, Judge Egan of the Albany County Supreme Court issued an order requiring the Smiths to show
cause why they should not be held in contempt for refusing to let the agency into their dairy processing facility when
the inspectors had a warrant. (Egan was the judge who signed the warrant.) On February 28, a hearing was held on the
judge’s show cause order. At the end of the hearing the judge did not issue a ruling but instead told the parties that he
would be taking the matter under advisement.
The agency’s December 13 motion to show cause had been heard earlier by an administrative officer on January 17
and 18. As of this writing, the officer had not issued a ruling but was expected to do so shortly. The Smiths’ lawsuit for
an injunction against NYDAM was heard before the Seneca County Supreme Court on January 22. The judge in that case
did not issue a ruling but instead, under a state procedural law, transferred the case to Albany County Supreme Court
where it will probably be heard by Judge Egan sometime this summer.
The Meadowsweet Dairy case shows the lengths to which NYDAM will go to maintain jurisdiction over cow share or
farm share programs like the one the Smiths operate. The battle between the two parties is shaping into a typical war of
attrition where the bureaucracy tries to prevail by depleting the resources of its opponent. For updates on the Smiths’ situ-
ation as well for other news about the raw milk movement, please go to David Gumpert’s blog, www.thecompletepatient.
com.

88 Wise Traditions SPRING 2008