Page 3 - Fall2011

Letters

A STRATEGY against their will. the judge would have a much easier time
Raw milk proponents could learn Fortunately, the spraying was later ruling in favor of raw milk. At this point
a lot about strategy in studying how stopped in state court on a procedural there are good scientific reports about
the USDA and California Department issue. The CDFA had not complied with raw milk, but I don't know if any of them
of Food and Agriculture (CDFA) were the state environmental law of doing have the stamp of authority that a judge
stopped regarding toxic spraying for an environmental impact report. This would be compelled to believe. Since
the light brown apple moth. I hope that was the only issue that the judge took most judges are not scientists, they get
someone can take this idea and put some note of. Think of the parallels to raw confused on the points and then default
action behind it, because I think there is milk court cases. With the moth spray to the FDA's position. Therefore it would
a problem with some of the court cases the constitutional arguments failed and be powerful if there could be an inde-
about raw milk. The issue gets narrowed health arguments failed. What worked pendent report on the FDA's position in
to a very small point about whom to be- was finding conflict with other state terms of constitutionality, as well as a
lieve—the FDA which says the milk is environmental laws. report on their science.
deadly, or the regular raw milk drinker It took about two years for the state Here are two links regarding the
who swears by it. to finish its massive environmental apple moth and the report: www8.
In California a few years ago, the report, in which they, of course, said nationalacademies.org/onpinews/news-
CDFA started an aerial spray program the spray was safe; with the require- item.aspx?RecordID=12762 and www.
for the light brown apple moth. It was ment satisfied, they planned to continue santacruzsentinel.com/localstories/
one of those federal programs where spraying. Fortunately, during the inter- ci_13339087.
the state just went along with it. They im, a group of very passionate citizens While I believe that the common
actually crop dusted the cities of Mon- worked together on fighting the moth law rights and constitutional rights of
terey and Santa Cruz with an untested spray, which included a petition to the citizens clearly protect private buyer
chemical encapsulated in microscopic National Academy of Sciences to review clubs, it is important to acknowledge
spheres. All because a moth might the data regarding the classification of that the executive branches of the gov-
cause economic damage to some crops. the moth. A panel over at NAS reviewed ernment, such as the CDFA and the
In comparison to the raw milk war, the the USDA's report on the moth, and re- Santa Clara and LA district attorneys
moth spray is a much clearer case of the classified it as a “non-actionable pest.” in California, including the judges
government overstepping its boundaries. They basically rebuked the USDA's who issue the warrants, do not value or
Yet people lost in federal court handling of the matter. even acknowledge those rights. In light
trying to stop the spray; they were able At this point, I believe the case is of the flagrant violation of individual
to win a short restraining order in state closed and the CDFA and USDA have rights and liberties, citizens need to
court but then lost at the hearing and crawled back into their corners because stand firmly in ways that find additional
the spraying continued. This is because their lies and poor judgment were support, clarification and protection
when the state judge was forced into a brought into the public domain by NAS. for those rights. Top priority should be
corner, the issue was distilled down to a Again, reviewing the parallels to given to passing food freedom laws. We
scientific argument. In that small realm, raw milk cases, the judge will gener- should no longer tolerate the government
the judge generally sides with the gov- ally believe whatever the government banning safe, clean, natural food, while
ernment because the judge is not a sci- says. But, if another branch of govern- at the same time condoning toxic food
entist and cannot differentiate between ment, government accountability office, and medicine.
true and false. The judge could not see National Academy of Sciences, even a Rami Nagel
even the simple fact that people were university, would make a report that Ashland, Oregon
being sprayed with untested chemicals discredits the government's actions, then
Wise Traditions FALL 2011 FALL 2011 Wise Traditions 3

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