3,561,596 members
12,429,752 petition signatures
$19,571,785,510 diverted from Big Pharma
Raw Milk Dairy Farm Fights Back and Wins!
With all the trouble that raw milk producers have had recently as the FDA hones in on the rise of its sale, it is certainly refreshing to see a win on the side of food freedom.
This past summer, ongoing investigations and heavily armed raids on small dairies across the country were carried out by the FDA over licensing or regulatory infractions. Rarely was agency action prompted due to unsafe food since many of the targeted farms have excellent, if not perfect, safety records. This behavior shows that the raids are not being conducted to protect citizens from disease but instead are fueled by the FDA’s desire to have total control of the market.
The CDC reports that from 1993 to 2006, unpasteurized milk caused 69 incidents of human infections, with 1,505 reported illnesses, 185 hospitalizations and two deaths which averages out to about 116 illnesses a year, or less than .000002 percent of the 76 million people who contract food-borne illnesses every year in the United States. http://healthfreedoms.org/2011/01/07/6-crimes-perpetrated-by-the-government-in-2010/- Under heading ‘FDA Raids on small dairy farms providing raw milk products’
*update: the above statistics have been called into question by using the CDC’s own data which finds that the total number of illnesses is only 1,254, the number of hospitalizations is only 24 and the number of deaths is 0. http://www.thecompletepatient.com/journal/2010/8/20/the-cdc-wouldnt-cook-the-books-on-raw-milk-illnesses-hospita.html
Ag-industry giants on the other hand, caused massive recalls last summer including the over half billion eggs tainted with salmonella that came from disgusting factories owned by ‘Jack’ Decoster who is a ‘habitual’ violator of the FDA’s regulations. Instead of policing companies that have deplorable records and standards of care for their animals, the FDA was focusing their energy on restricting the sale of a product that is consistently safe and incredibly beneficial to health.
People are realizing that pasteurized milk has nothing to offer in the way of health benefits. Gallons of the white stuff line line shelves, anything good in it killed off so it can sit in a grocery store for weeks. It is a dead product that is likely to cause harm to the consumer as it is linked to diseases such as asthma, allergies and diabetes.
When consumed raw milk can alleviate many health problems as it is packed full of the complex proteins, enzymes and healthy bacteria our bodies need. As Mr. Bechard puts it, “People been drinking it for centuries; it’s good for you. It doesn’t make sense to pasteurize it. If God made it to be drank raw, that’s the way it ought to be,”
While concentrated animal feed operations over-run with their own filth and disease spread illness across the country, the FDA works to take out their small farm competition.
David Gumpert, author of The Raw Milk Revolution, says that regulation is “not about safety—it’s about protecting markets.” He goes on to say “Conventional dairy doesn’t want raw milk tarnishing the image of pasteurized milk,” and notes that while no one has died in Massachusetts because of raw milk, three people died in 2007 from Listeriosis from pasteurized milk, “the [Center for Disease Control] and FDA have blind spots around raw milk. They don’t want to do research on it.” http://healthfreedoms.org/2010/07/06/small-farmers-and-consumer-advocates-say-unpasteurized-milk-bans-are-about-protecting-big-industry/
What is the small dairy farmer to do when big brother comes to the door demanding that you put an end to exercising your right to provide a food that has a demand and that is safe? Fight it.
The targeted operations providing raw products are bogged down by these ongoing legal battles that cost time and money, both of which are tight on farms. So whether the farm wins or not, the ongoing battles cause disruption in performance and profit. But the FDA has all the time and money in the world to waste and they seem very content to spend it perusing these small, rural operations.
Thankfully, persistence is nothing new to farmers and their resolve to stand up for themselves against FDA bullying are paying off.
Bechards Family Farm in Conway, Missouri is run by husband and wife Armand and Teddi Bechard along with their two teenage daughters. Like others raw milk producers they were targeted by the FDA over where and when their milk was sold and were subject to ongoing investigation.
It all dates back to April 2009 when FDA agents tricked Mr. Bechards daughters to sale them extra milk at an arranged drop off point.Yet it was Armand, not his daughters, that was issued a criminal citation in May charging him with “operation of food establishment without permit” which carries up to $1000 in fines and the possibility of 180 days in jail.
The agency claimed that a truck was a “food establishment” and that they were “operating a food stablishment without permit”. In June, the farm received letters from Missouri Attorney General Chris Koster’s office, asking them to sign a voluntary consent agreement saying they would never deliver milk away from the farm again. The Bechards refused to sign. Then in November, not only did the attorney general ask the Greene County Circuit Court for a preliminary and permanent injunction “prohibiting the Bechards from selling raw milk or raw milk products in violation of the law,” but they also wanted to make the farm pay for the lawsuit!
In August of 2010 the court delivered its erroneous guilty verdict to Armand for “operation of food establishment without permit”. The Bechards immediately appealed the criminal charge.
On the 11th of January, Mr. Bechard defended himself in his appeal quoting a state law that he says convinced the judge to take his side; “A state statute says a farmer can sell from his cart, wagon or vehicle,” he says “Paraphrasing here, it’s considered to be as if you were selling from the farm. That was the premise we were operating under.” He goes on to say the law “States an individual can purchase and have delivered to them for their own personal use raw milk or cream from a farm.”
Since sells are arranged ahead of time the Bechards are not violating any laws by using a drop off point to meet with their costumers, a necessary convenience as the farm is too far of a drive for many. In order to protect himself and his business, they have made some changes in the operation and the farm will keep their deliveries outside the city limits.
The Bechards stood their ground and won by using the states own laws. What a wonderful victory for the farm and the raw milk industry, let’s hope the FDA is tiring of their frivolous pursuits.
~Health Freedoms
Sources:
http://www.bechardfarm.com/rawmilk.htm
http://www.ky3.com/news/ky3-farmer-acquitted-in-case-invol-01052011,0,7169955.story
Other articles from Health Freedoms on this topic:
The FDA Says You Have No Right to Freedom of Food http://healthfreedoms.org/2010/12/10/the-fda-says-you-have-no-right-to-freedom-of-food/
FDA Orders Family Farm with Perfect Record to Destroy $250,000 of Cheese http://healthfreedoms.org/2010/12/04/fda-orders-family-farm-with-perfect-record-to-destroy-250000-of-cheese/
What! No More Happy Meals? Or No More Raw Milk? http://healthfreedoms.org/2010/12/10/what-no-more-happy-meals-or-no-more-raw-milk/
Raids are increasing on farms and private food-supply clubs http://healthfreedoms.org/2010/07/23/raids-are-increasing-on-farms-and-private-food-supply-clubs/
Small farmers and consumer advocates say unpasteurized milk bans are about protecting big industry http://healthfreedoms.org/2010/07/06/small-farmers-and-consumer-advocates-say-unpasteurized-milk-bans-are-about-protecting-big-industry/
Feds Again Invade Amish Farm for 5 a.m. Inspection http://healthfreedoms.org/2010/04/27/feds-again-invade-amish-farm-for-5-a-m-inspection/
Raw milk fight becomes a symbol of food freedom http://healthfreedoms.org/2010/01/26/raw-milk-fight-becomes-a-symbol-of-food-freedom/
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Having been raised on a dairy and consuming raw milk and cream throughout my childhood, I was heartened to learn of this farmer’s struggle and eventual win against the FDA’s forces. The story, however, is peppered with spelling and grammar errors which detract from the message. Proofread, please!
Good going Bechards! How horrible you had to go through that ordeal.
YES!! IN YOUR FACE, BIG BROTHER!!! IN YOUR FACE, BIG AG!!! WE WILL NOT BOW DOWN BEFORE YOU!!!!
I think all these little farms should combine their monies and get themselves an attorney for the entire group so they can protect themselves. Maybe form some kind of organization that they are all a member of or something so they are not alone and so they can combine resources.
Three cheers for the Bechards!
Just for the record,
I believe Farm to Consumer Legal Defense Fund deserves some credit here.
A few errors in this article – the Bechards live in Missouri, not Montana.
Stats given on raw milk are incorrect – they say 2 people have died from raw milk – not true – deaths were attributed to raw soft cheese, made from milk intended for pasteurization – the so-called “bathtub cheese”. These two deaths were never linked to raw milk before last year, when FDA lumped them with CDC raw milk statistics. Now, this inaccurate info is repeated over and over in their press releases and articles about raw milk.
You might like to know of a legal tactic that really worked well in Canada for both the farmer and the consumers and that was each member of a co-operative bought shares in a cow and thus had the rights to consume the raw milk produced in their share of said cow(s). The farmer did not have to hire an expensive lawyer and the case won and decision upheld.
He used a great strategy too. There’s nothing like a co-operative especially in this situation. Maybe more farmers will take his example and more raw milk will be more available. Just read the article. The comments are pretty powerful about pasteurized milk.
FOOD SAFETY
Pasteurization
Milk given the raw deal?
Last Updated: Thursday, January 21, 2010 | 1:22 PM ET
CBC News
Kelsey Kozak, 16, pours fresh raw milk through a stainless steel strainer and funnel as her mother Linda Kozak looks at their family farm near Seattle, Wash. (Ted S. Warren/Associated Press)
With the current trends toward organic and raw food diets, some raw food supporters are saying it’s time to reopen the debate on unpasteurized milk.
It is illegal to sell raw, or unpasteurized, milk in Canada because of concerns about E. coli and other bacteria. But that didn’t stop Ontario farmer Michael Schmidt from setting up a deal where customers could own part of a cow, and thus get raw milk. The prohibition on raw milk does not apply to farmers.
Ontario farmer Michael Schmidt, who set up a cow-sharing program in which customers were provided with raw milk, has been charged with violating the Milk Act. (Colin Perkel/Canadian Press)In November 2006, his farm was raided and his equipment was seized, because authorities said he violated the Milk Act and the Ontario Health Protection and Promotion Act. He faced 20 charges related to illegally producing, storing and distributing raw milk.
In October 2008, Schmidt was found guilty of contempt of court for ignoring a court order to stop selling unpasteurized milk. In January 2009, Schmidt returned to court and announced plans to file a charter challenge on the grounds that the police investigation violated his right to liberty.
“The only thing that will stop me is if we — through a constructive dialogue — actually find out that milk might be dangerous,” he told reporters. “And I can guarantee it is not.”
Schmidt represented himself and on Jan. 21, 2010, a justice of the peace agreed with him. Paul Kowarsky ruled that Schmidt’s co-op set-up is exempt from the two pieces of legislation. The ruling means the group of owners of the cows on Schmidt’s farm — about 80 kilometres northeast of Toronto — can continue to get their raw milk.
What is it?
Raw milk is milk that hasn’t been pasteurized. The taste and digestibility are different, but there’s no consensus as to whether it’s healthier than processed milk.
What’s pasteurization?
Pasteurization is the process of heating a food for the purpose of killing harmful organisms such as bacteria, viruses, protozoa, moulds and yeasts. French scientist Louis Pasteur invented the process in 1862.
What’s the problem?
Health authorities say that when milk isn’t pasteurized, it can contain potentially lethal disease-causing bacteria.
In August 2006, Health Canada released a statement ” to remind Canadians not to drink raw (unpasteurized) milk because it could contain bacteria that can make you seriously ill.”
The reminder warned that these bacteria, which include Salmonella, E. coli and Listeria, could lead to very serious health conditions ranging from fever, vomiting and diarrhea to life-threatening kidney failure, miscarriage and death. Children, pregnant women, the elderly and individuals with compromised immune systems were cited as being particularly at risk.
The British Columbia Ministry of Health calls raw milk “a risk to public safety.” It says “milk is a highly perishable food product and is an excellent medium for transmitting a variety of diseases.” The statement adds that raw milk usually comes from farms that aren’t inspected by government agencies.
What’s the law?
In Canada, dairy farmers can’t sell unpasteurized milk. It’s regulated in the Food and Drug act, section B.08.002.02. It states that no person shall sell any dairy product, from a cow or any other animal, unless it has been pasteurized to meet health standards.
It is legal to sell raw milk in many American states and European countries. The pasteurization law doesn’t extend to cheese, as Canadian law permits the sale of raw-milk cheese that is aged for at least 60 days.
The debate resurfaced in November 2006 after provincial authorities raided Michael Schmidt’s Ontario dairy farm because he had been providing unpasteurized milk to about 150 customers.
Why raw milk?
Supporters of raw milk say the pasteurization process kills most, if not all, micro organisms, including the beneficial ones that aid in digestion and metabolization. They also promote good health by crowding out bad bacteria and help prevent yeast overgrowth in the intestinal tract.
The Campaign for real milk says that raw milk comes from cows that are properly fed. Cows that eat green grass provide milk with nutrients like vitamins A and D. They argue that pasteurization enables the milk industry to raise cows in less-expensive, less-healthy conditions.
They also say that pasteurization destroys enzymes and diminishes vitamin content. Pasteurization, says the group, is associated with allergies, increased tooth decay, colic in infants, growth problems, osteoporosis, arthritis, heart disease and cancer. Many calves fed pasteurized milk die before maturity.
Raw milk will sour naturally due to the bacterial production of lactic acid and still be healthy, while pasteurized milk, which lacks the essential bacteria, will putrefy.
The FDA also burns books, attacks pioneering physicians using natural healing methods with SWAT-team raids, using “drug seizure laws” to destroy them (those laws were drafted to fight cocaine dealers) and otherwise is a monstrous agency. Read this for documentation:
http://www.orgonelab.org/fda.htm
I agree with you, Marla. The glaring punctuation, spelling, and incorrect words make this story hard to read and definitely detracts from its message.
The article you linked to, while long, was interesting. However, James DeMeo originally wrote it in 1993….18 yrs ago. At the end of the article there was a small section with an update done in 2001….10 yrs ago. This article would be more meaningful and relevent with recent updates or rewritten with current cases of incidents.
The Farm to Consumer Legal Defense Fund!
Their mission (obtained from the site):
“The Farm-to-Consumer Legal Defense Fund is a 501 (c) (4) non-profit organization made up of farmers and consumers joining together and pooling resources to:
* Protect the constitutional right of the nation’s family farms to provide processed and unprocessed farm foods directly to consumers through any legal means.
* Protect the constitutional right of consumers to obtain unprocessed and processed farm foods directly from family farms.
* Protect the nation’s family farms from harassment by federal, state, and local government interference with food production and on-farm food processing.”
They are an awesome group!
The notion that the FDA is thoroughly infiltrated by special interest (agro/pharma) by now is house hold knowledge. I have been at odds with the FDA’s blatant protection of the “glutamate” Industry (MSG) for 25 years and have watched as this regulatory agency again and again, shamelessly acted in the interest of industry at the expense of those that they posture to protect (we the people).. Evil will change its face through time and in this era that face is greedy corporate special interests, their lobbyists and federal regulatory agencies (not to mention all the push over politicians). This is where America is vulnerable to those that would seek to destroy the wonderful democracy put in place by fair thinking forefathers and our freedom to protect out health and avoid the rampant diseases that benefit only a lopsided health system.
The plight of raw dairy and small organic farms is the ultimate insult to all free thinking Americans. If one does not stand up for this cause, they in essence are supporting a burgeoning totalitarian state and will one day be striped of an enjoyed freedom that is closer to home. We are being put to the test. Let’s fight these globalist monsters tooth and nail and save America from their greed.
YES – YES – YES!
Looking forward to the day when residents of south Lake County and of the
Orlando area in Central Florida can purchase nature’s own raw milk. That’ll be a day to celebrate.
FDA is a worthless expenditure of taxpayers’ money. Members of Tea Party
Movement take notice.
People need to get out of being confused as to the role of the current corrupt governments and the many various ‘rogue’ government agencies.
The PURPOSE of the FDA (and I imagine its counterpart in Canada) is to secure the profits of BIG CORPORATE businesses (who OWN the government, thru various financial strings, various additional means of influence .. including blackmail and assassination.)
Very simple. There is some ‘wiggle room’ where LOTS of pressure from “the people” can SOMETIMES be brought effectively to bear in FORCING ‘rogue agencies’ (and hopefully one day, all of government) to act LEGALLY, in accordance with ‘constitutional law’ and previously existing statutory law.
Simply understand that FDA is concerned with corporate profits … and that corporations profit MASSIVELY from your being UN-healthy and driven into the most profitable area of the medical-industrial-complex .. the area of being “managed” in “illness” as a “consumer” of $pharma drugs .. and you will be FREED of any misconceptions as to the functional agenda of FDA.
This and many areas of government are in sore need of re-evolution, as they have been devolved from what might once have been “public service” into self-service machinery for the corporations.