Page 96 - Spring2009

It is in the language of convictions rather than government agreed to defer prosecution for twenty-four months. If no
scientific claims. It is in the language of taking violations are committed during that time, the prosecution will drop the
responsibility and managing one’s own health. charges.
It is described mostly in terms of a journey back Still to be worked out between the dairy and the FDA was a memo-
to health.” [The Bovine, “Raw milk consumers randum of understanding beween the two parties specifying the terms and
not going away!”, February 2, 2009] conditions under which OPDC could sell raw milk for animal consump-
The Court will take several months to is- tion in interstate commerce. The agency is willing to let the dairy ship
sue a decision on the case. For more details on across state lines to zoos, veterinary practices and research labs; but the
Schmidt’s case go to www.thebovine.wordpress. requirements FDA wants to impose on the dairy and its customers are so
com. onerous that Mark has, for now, decided to halt all shipments of raw milk
in interstate commerce. For instance, the agency wants those purchasing
CALIFORNIA: OPDC CRIMINAL CASE raw milk from outside California to “destroy or return to OPDC any un-
On January 9 under a plea bargain agree- used product…[and] provide OPDC with documented accounting of all
ment, Organic Pastures Dairy Company (OPDC) quantities destroyed within 15 days of destruction.” Penalties for viola-
pleaded guilty in a federal district court to two tions of this and other conditions FDA wants to impose on the dairy and
misdemeanor counts of “introduction and deliv- its out-of-state customers could be up to $250,000 in fines and five years
ery for introduction into interstate commerce of imprisonment or both. Negotiations between the dairy and the FDA are
misbranded food.” (See Wise Traditions, Sum- ongoing.
mer and Fall 2008 issues for background on the As of this time, there has been no resolution to the civil complaint the
case.) Under the plea bargain, sentencing was U.S. Attorney’s Office in Fresno has filed against OPDC for distributing
postponed for twenty-four months. If the dairy misbranded raw milk and raw milk products in interstate commerce. (See
commits no further violations during that time, Wise Traditions, Winter 2008 issue for background on the case.)
OPDC will be free to withdraw its guilty plea
and the government will cease its prosecution CALIFORNIA: SHARON PALMER
of the case. On December 18, 2008, Santa Paula dairy farmer Sharon Palmer
At the same time OPDC entered its plea, the of Healthy Family Foods (HFF) was arrested by the Ventura County
company’s founder and president Mark McAfee Sheriff’s Department (VCSD) for “selling raw milk.” Officers stopped
pleaded innocent to the same charges and the her car about a mile from her farm, handcuffed her and eventually drove

INTERNATIONAL ASSOCIATION FOR FOOD PROTECTION CONFERENCE

On February 17 the International Association for Food Protection sponsored a symposium on raw milk entitled, “Raw
Milk Consumption: An Emerging Public Health Threat?” John Sheehan, Director of the U.S. Food and Drug Administration
(FDA) Division of Plant and Dairy Food Safety, was scheduled to speak at the symposium, but cancelled his appearance at
the last minute as did a number of other FDA officials who were scheduled to attend. The likely reason for the cancellation
was that Sheehan found out members of the Weston A. Price Foundation would be in attendance at the conference. FDA
views the issue of raw milk safety as not debatable and will not discuss raw milk with anyone holding an opposing viewpoint.
The agency would rather work behind the scenes
to impose its beliefs on the public, pressuring
state officials to restrict the sale of raw milk or
ban it altogether, and working with Congress to
obtain more regulatory power over the intrastate
sale of raw milk. FDA has never wavered from
its goal of eliminating all sales of raw milk. For
an amusing description of the talks given at the
conference, see David Gumpert’s blog at www.
thecompletepatient.com. Pictured, right, are
WAPF “gate crashers” Michael Schmidt, David
Gumpert, Tim Boyd, Geoffrey Morell and Sally
Fallon Morell.

94 Wise Traditions SPRING 2009