Page 92 - Summer2009

A Campaign for Real Milk

RAW MILK UPDATES
by Pete Kennedy, Esq.

7KH PRVW VLJQL¿FDQW GHYHORSPHQWV VLQFH WKH was held at the 2009 conference, the committee
last update have occurred in state legislatures. did not give a report and instead indicated that it
A bill that formally legalizes herd shares passed would no longer pursue any attempt to prohibit
both houses in Tennessee and was signed into herd shares. One committee member stated that
law by the governor. Another bill that would the NCIMS conference had jurisdiction over pas-
increase the availability of raw milk is close to teurized milk not raw milk. It appeared that the
passage in Vermont. The collapse in pay prices majority of delegates at the conference held this
for conventional dairies appears to have made view and did not want to take a position on herd
some state legislators recognize the fact that raw shares, leaving the issue for individual States to
milk sales or distribution can be a viable way for decide. The likelihood is that NCIMS will not
dairy farmers to make a living. consider the herd share issue again, removing a
At the national level, there has been positive potential threat to raw milk distribution through-
news as well. This update begins with an account out the country.
The one order of business the Herd Shares
A Campaign of the failed attempt to institute a nationwide ban Committee did have on its agenda was to hear
on herd shares.
for Real Milk Mark McAfee of Organic Pastures Dairy Com-
is a project of 2009 NATIONAL CONFERENCE pany (OPDC) give a presentation on amending
the Weston A. ON INTERSTATE MILK SHIPMENTS the federal regulation banning raw milk for hu-
Price The 32nd National Conference on Interstate man consumption in interstate commerce (CFR
Foundation. Milk Shipments (NCIMS) conference met in 0DUN KDV ¿OHG D SHWLWLRQ ZLWK WKH )'$
To obtain Orlando from April 17 through 22. NCIMS meets WR DPHQG &)5 WR DOORZ IRU VKLSPHQW RI
every other year to update the Pasteurized Milk raw milk across state lines from one State where
some of our Ordinance (PMO), the model milk regulation the sale of raw milk is legal to another State
informative adopted by almost all of the States governing where the sale is also legal. Mark had submit-
Real Milk the processing, packaging and sale of milk and ted a proposal to NCIMS asking the conference
brochures, milk products. Section 9 of the PMO stipulates delegates to pass a resolution supporting the
contact the WKDW RQO\ SDVWHXUL]HG PLON FDQ EH VROG WR WKH ¿QDO FDA petition. McAfee knew his proposal had
consumer.
little chance of passing, but introduced it with
Foundation at At the 2007 conference, a proposal was the hope of starting a dialogue with the regula-
(202) introduced to amend Section 9 to establish that tors and dairy industry representatives attending
363-4394. “no dairy animal sharing or similar programs the conference. In this, he succeeded. While the
Check out our would be allowed as a way to bypass the intent Herd Shares Committee voted not to support
website, of Section 9.” Passage of the proposal could have his proposal, a number of State regulators and
potentially meant a ban on herd shares in a major-
LQGXVWU\ UHSUHVHQWDWLYHV LQWHUHVWHG LQ ¿QGLQJ
www. ity of the States. The proposal did not have much out more about OPDC’s raw milk business ap-
RealMilk.com support; so, instead of taking a vote, a study proached him during the conference.
for additional committee was formed “to look into means to However, one group of attendees who re-
information prevent animal/herd shares and other practices fused to speak with McAfee about raw milk were
and sources used to circumvent food safety regulations.” The the representatives from FDA, maintaining the
of Real Milk committee was to present its report at the 2009 agency’s policy of not talking to anyone with an
opposing viewpoint on raw milk.
conference.
products. When the Herd Shares Committee meeting The FDA has used NCIMS in the past as a
90 Wise Traditions SUMMER 2009