Page 94 - Summer2008

adults in eight states found that 50 tion requirement for common
percent consumed uncooked eggs, “risky behavior” foods.

20 percent consumed pink ham- Government ofcials
burgers, 8 percent consumed raw also insist that raw provides

oysters, while a mere 1 percent no health benets compared
consumed raw milk. A 2008 study to pasteurized and ultrapas-
of 4548 young college students teurized milk. (It should be
reported that 53 percent consumed pointed out that most milk
raw cookie dough, 33 percent today is ultrapasteurized, a
consumed eggs with runny yolks, process that rapidly takes the
29 percent consumed raw sprouts, fragile milk proteins to a tem-
11 percent consumed raw oysters, perature well above the boil-
clams or mussels, and 7 percent ing point.) The evidence for

consumed rare hamburger. The At the California Senate hearings on raw milk, San Francisco the superior health benets of
study did not report raw milk consumer Christine Chessem, Mark McAfee of Organic raw milk comes in the form of
Pastures Dairy, Michael Schmidt of Glencolton Farm in
consumption. Yes none of the Canada and Collette Cassidy of Claravale Dairy stand scientic studies published in

common “risky behaviors” has behind Senator Dean Florez. peer reviewed journals, and it
prominence on FDA’s website for corroborates the hundreds of

food safety—only raw milk is singled out—and there are no pasteuriza- testimonials that we have received on the benets

THE CALIFORNIA AB1735 COLIFORM STANDARD

The fight to overturn the coliform count requirement imposed by Assembly Bill 1735 [see Wise Traditions, Winter
2007 and Spring 2008 issues] continues in the courts and in the legislature. At this time, the best chance for success ap-
pears to be in the legislature. First, a recap of what has been happening in the courts.
On March 6, Attorney Gary Cox filed for a temporary restraining order (TRO) and a preliminary injunction in San
Benito Superior Court on behalf of OPDC and Claravale Dairy to prevent the California Department of Food and Agricul-
ture (CDFA) from enforcing the coliform standard (the standard calls for suspension of a product’s sales when three out of
five consecutive tests for that product exceed a coliform count of 10 in the final container). Judge Harry J. Tobias granted
the TRO on March 19 in favor of the dairies, prohibiting CDFA from enforcing the coliform standard while allowing the
agency to continue to collect and test milk samples from the dairies. In winning the TRO, Gary was able to convince the
judge that both dairies would go out of business if the coliform standard were enforced and that the standard was not
rationally related to the safety of the milk.
The next step in the judicial process was for Judge Tobias to rule on whether to convert the TRO to a preliminary
injunction. Hearings were held on this issue April 25 and May 23. At the conclusion of the May 23 hearing, the judge
denied the dairies a preliminary injunction, essentially reversing his earlier position and holding that the coliform standard
had a rational basis in law. In making his ruling, the judge added that he was not convinced the plaintiffs would prevail at
trial (the trial would be for a permanent injunction) and “from the plaintiffs’ standpoint they should be dealing with their
political representatives for legislative modification.” Gary has said that he will appeal the judge’s denial of the preliminary
injunction to an appellate court. Until a ruling is made on the appeal, the TRO will remain in effect.
On the legislative front the prospects for repealing the coliform requirement of AB1735 are more encouraging. On
April 15 the California Senate Agriculture Committee and the Select Committee on Foodborne Illness held a public hear-
ing in Sacramento on raw milk safety. The committees heard testimony from consumers and also from panels of experts
(both pro and con on the AB1735 coliform standard), including Dr. Ted Beals, a pathologist from Michigan and Dr. Ron
Hull, a microbiologist from from Australia, who testified on the inherent safety of raw milk and stated that the 10 coliform
limit was merely a marker for successful pasteurization and not an appropriate test for raw milk safety. Neither CDFA nor
FDA sent representatives to testify at the hearing. Senator Dean Florez, Chairman of the Senate Agriculture Committee,
indicated that he favored a more relaxed coliform requirement but wanted each licensed raw milk dairy to develop its
own HACCP plan (Hazard Analysis of Critical Control Points) to ensure the safety and cleanliness of the raw milk.
Florez appointed a Blue Ribbon panel, comprised of both supporters and opponents of the current coliform standard,
to draft legislation that would supplant AB1735. The panel’s work has given rise to SB201, emergency legislation sponsored
by Senators Florez and Don Parata. SB201 would eliminate the 10 coliform standard while instituting twice-weekly testing
for pathogens. Under the bill, each licensed raw milk dairy will be required to devise its own HACCP plan.
92 Wise Traditions SUMMER 2008