Page 78 - Winter2008

The judge’s ruling is ominous for those in New York who want to infection among raw milk drinkers “in seven
produce raw milk for a living. Inspectors for NYSDAM have been open unrelated households in Pennsylvania and a
about the department’s desire to get rid of raw milk. The good news is there neighboring state.” On September 11, the PDA
is a move underway to introduce a bill that would legalize the unlicensed, came to obtain samples of milk from HFD. On
unregulated sale of raw milk by farmers direct to consumers. that day the agency asked Trent to voluntarily
suspend sales of raw milk; Trent refused and re-
CALIFORNIA:SB 201 quested that the state not issue any press release
On September 30, 2008, Governor Arnold Schwarzenegger vetoed until the test results were known. Ultimately, the
SB 201 [see the Fall 2008 issue of Wise Traditions for background on this agency took ten milk samples from the farm. To
bill]. In vetoing the bill the governor gave short shrift to the tremendous verify the accuracy of PDA’s testing, Trent took
support shown the bill in the legislature. SB 201 had passed unanimously a split sample of each sample taken by PDA and
(66 to 0) in the General Assembly and by a 31 to 4 margin in the Senate. sent them to an independent lab for testing.
SB 201 would have given raw milk licensees the option of undergo- On September 12, PDA delivered a letter to
ing rigorous pathogen testing and maintaining an individualized HACCPP Trent officially suspending his sales. The permit
(Hazard Analysis Critical Control Points plan) identifying and monitoring suspension letter stated, “The presence of the dis-
each critical point of raw milk production. Producers choosing this op- ease-producing organism Campylobacter in raw
tion would not be subject to the unreasonable coliform count requirement milk from Hendricks Farms and Dairy operation
mandated by AB 1735. renders that milk unsafe, and is a violation of the
The statement issued by Schwarzenegger in support of his veto looks requirement of the Milk Sanitation Law….” Ac-
like it was written by the California Department of Food and Agriculture cording to a guidance document issued by PDA,
(CDFA). In his statement the governor claimed that the state’s two raw the agency must give a raw milk licensee at least
milk dairies have been operating successfully under AB 1735, ignoring the five days advanced written notice of a raw milk
fact that both dairies have failed the coliform requirement on numerous permit suspension. The only way the agency can
occasions. They live with the ever-present threat of suspension from three legally suspend a licensee’s sales before that time,
over-the-limit counts out of five tests, thus jeopardizing the dairies’ abil- other than the farmer agreeing to a voluntary
ity to remain in business. His statement also noted that AB 1735 passed suspension, is through a court order. PDA’s sus-
the legislature unanimously, not mentioning that the bill was put on the pension letter to HFD on September 12 violated
consent calendar as a non-controversial measure and neither licensed raw its own guidelines. [This was a busy day for the
milk dairy (Organic Pastures and Claravale) was notified of its existence agency—that morning Bill Chirdon, Director of
until after it was passed. PDA’s Bureau of Food Safety and Laboratory
State Senator Dean Flores, Chairman of the Senate Agriculture Com- Services, and other agency employees raided
mittee and principal sponsor of SB 201, has expressed his intent to introduce Newville farmer Mark Nolt for a third time, once
raw milk legislation again for the 2009 legislative session which begins in again confiscating thousands of dollars worth of
January. food. See the Fall 2008 issue of Wise Traditions
for background on Nolt.]
PENNSYLVANIA: HENDRICKS FARM & DAIRY The afternoon of September 12, the Penn-
Hendricks Farm and Dairy (HFD) is a grass-based organic raw milk sylvania Department of Health issued a press
dairy in Telford. The dairy boasts a state-of-the-art facility and has an impec- release advising consumers “who purchased raw
cable track record with not a single positive pathogen test during its seven milk from Hendricks Farm & Dairy of Telford,
years of being licensed to sell raw milk. The Pennsylvania Department of Montgomery County, to immediately discard the
Agriculture (PDA) has even sent people wanting to start a raw milk dairy raw milk and any items made with the raw milk
to HFD to learn how to set one up the proper way. In addition to selling due to potential bacterial contamination.” Even
around 500 gallons of milk each week, the dairy also produces and sells though there was no record of anyone getting
raw milk cheese. HFD’s cheeses have won several American Cheese So- sick from “any items made with the raw milk,”
ciety awards. What HFD owners, Trent and Rachel Hendricks, found out the advisory warned consumers to get rid of the
this past summer was that all of this meant nothing when the dairy came farm’s raw milk cheeses as well.
under suspicion by the Pennsylvania Department of Health and PDA as PDA lifted the suspension on September
being the cause of a foodborne illness outbreak. 19. All ten milk samples taken from the farm
Between September 1st and the 12th, 2008, the Pennsylvania Depart- tested negative for campylobacter; an eleventh
ment of Health identified a total of seven confirmed cases of campylobacter sample taken from an open container of milk
78 Wise Traditions WINTER 2008