Page 94 - Spring 2019 Journal

RAW MILK UPDATES by Pete Kennedy, Esq.
CANADA - RAW MILK ENFORCEMENT MOVES TO ALBERTA
Raw milk enforcement actions continue in Canada; this time, it’s Alberta. The Crown has brought three charges
against Innisfail farmer David Rand for alleged violations of Alberta’s dairy law: the unlicensed production or processing of dairy products, selling raw milk and “obstructing, hindering or impeding an inspector in carrying out their duties” under the Alberta Dairy Industry Act. A trial will likely take place this fall; each of the charges carries a maximum twenty-five thousand dollar fine. (For those who would like to support Rand, a GoFundMe campaign has been set up at ca.gofundme.com/dairy-freedom.)
In addition to the charges, the Alberta Health Services (AHS) has issued a “notice of closure” to Rand ordering him to “cease and desist the distribution, transport, processing or sale of unpasteurized milk or unpasteurized milk products.” One of the grounds for the order was that “distributing, transporting, processing or selling unpasteurized milk products” was in violation of an Alberta health regulation stating, “no person shall create, commit or maintain a nuisance.” Alberta Agriculture and Forestry (AAF) issued a second order to Rand, a “notice of seizure or detention” requiring that all milking equipment and any dairy products, including all future production, remain on Rand’s farm.
The charges and the orders against Rand stem from a November 7, 2018, raid on Rand’s farm and a supposed raw milk distribution site in Red Deer, Alberta, by officials from both AAF and AHS as well as the Royal Canadian Mounted Police (RCMP). The officials conducted the raid at both locations without any warrant.
The law in Alberta, as in all provinces of Canada, prohibits any sale of raw milk; there is a federal ban in the country as well. The ban has served as a protection racket for the dairy industry, but some of the farmers making up the industry might want to consider obtaining another outlet for their milk. The Canadian quota system has been held as a model for the struggling U.S. dairy industry, but there has been a tremendous decline in the number of Canadian dairies, falling from nearly one hundred forty thousand in 1960 to fewer than twelve thousand today ac- cording to The Globe and Mail.1
In Ontario, there is an ongoing court case where twenty-one Ontario farmers and consumers have filed in a Toronto superior court a constitutional challenge to the province’s ban on raw milk sales and distribution.2 In 2010 an Ontario court ruled in a case the Crown had brought against Michael Schmidt for illegally selling raw dairy, stating that there was a legal distinction between the public and private distribution of food and that informed consumers can waive the protection of public health laws. That ruling was reversed on appeal; raw milk proponents could use a similar decision in the country that is the most oppressive in the world when it comes to enforcement against raw milk sales and distribution.
Supporters of raw milk access in Canada may go to the educational Facebook page for Farm-Fresh-Milk (be sure to include the hyphens). The intention is to show that raw milk needs to be on the policy platform of every party. There is also a website with a petition for Canadians to have the right to obtain fresh milk produced by local farms; to endorse “We Choose Fresh,” go to farmfreshmilk.ca/wechoosefresh.
1. Barrie McKenna, “Canada’s dairy industry is a rich, closed club,” The Globe and Mail, 25 June 2015 (updated 15 May 2018), theglobeandmail.com/news/politics/canadas-dairy-industry-is-a-rich-closed-club/article25124114/
2. Pete Kennedy, “Farmers & consumers challenge raw milk ban.” RealMilk.com, 19 February 2018, realmilk.com/ farmers-consumers-file-constitutional-challenge-ontario-raw-milk-ban/
NORTH CAROLINA – HERDSHARES UNDER ATTACK
The North Carolina Department of Agriculture and Consumer Services (NCDA), the North Carolina Farm Bureau
and the state’s dairy industry are working to repeal a four-month-old law legalizing herdshare agreements. It is not known whether they have been able to find a legislator willing to sponsor such a freedom-robbing bill. (See Wise Traditions Winter 2019 issue, “North Carolina – Herd Share Ban Lifted” for background.)
A herdshare agreement is a private contractual arrangement in which someone purchases an ownership interest in a dairy animal (or herd of dairy animals) and pays a fee to a farmer for boarding, caring for and milking the animals. The 2018 North Carolina Farm Bill contained a provision stating, “nothing. . . shall prohibit the dispensing of raw milk or raw milk products for personal use or consumption to, or the acquisition of raw milk or raw milk products for personal use or consumption by an independent or partial owner of a cow, goat, or other lactating animal.”1
NCDA Commissioner Steve Troxler isn’t waiting for a change in the law to begin restricting herdshares. The department has issued a directive prohibiting dairies from delivering raw milk to shareowners at state-run farmers markets. There is nothing in the herdshare law, or any other law, that gives NCDA this authority.
92 Wise Traditions SPRING 2019