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Cow shares make consumers owners;
require research for all concerned
In many states, it is illegal to sell raw milk
to consumers. However, some consumers who want
raw milk have worked with farmers to find a structured
way to get the raw dairy products that they desire
through a “cow share” arrangement.
In most states, even when a farmer is not allowed
to sell raw dairy products, it is legal for people
to consume raw dairy products from a cow that
they own. To care for cows under this approach,
farmers sell shares of cows, and then the people
who actually own the cows are given the milk from
their cows. In a cow-share agreement, consumers
pay a boarding fee to the farmer for their cow,
and the farmer has the responsibility of caring
for and milking the cow. The cow-share owner picks
up their share of the milk each week.
A few states (most notably Wisconsin) forbid
even this arrangement, and farmers and consumers
in such states have to go to even greater lengths
to stay within the law. In these states, “farm
share” agreements are set up (with the farm
becoming incorporated) and the consumers become
owners of the farm itself. Although this process
is more difficult and expensive to set up, it
provides the farmer with the necessary legal protection
in these states.
A few states to the south, Apple Family Farm
created the Indiana
Cow Sharing Association in 2002. According
to the farm’s website, this association
“was born to assure that the owners made
the decisions for their cows and that they would
work as a group to decide key management practices.”
Apple Family Farm was also ordered to cease and
desist from selling raw milk in 2002, at which
time they held a series of meetings to find a
way to provide their customers with the products
they wanted while remaining within the law.
The farm website notes, “The laws of Indiana
clearly state that ‘every particle of milk
or a milk product that is offered for sale, sold,
delivered, or possessed with the intent to sell
or deliver to a consumer be pasteurized’
IC 15-2.1-23-1 and IC 15-2.1-23-8.5(a) According
to Indiana code 15-2.1-2-47 the term "sale"
in the dairy stature includes leases, trades,
donations, barters, or any other exchanges. Please
understand that the milk that you obtain from
your cow can in no way be sold or distributed
under any circumstance!”
(www.applefamilyfarm.com)
Costs for the cow shares vary, but a typical
arrangement involves an up-front cost for purchasing
the cow (or part of the cow) and bottles, and
then a monthly or quarterly boarding fee. A farm
in Virginia offers shares of a cow for $60 each,
which results in one gallon/week, with a $15/month
boarding fee, while a whole cow at Apple Family
Farm costs $1000, with a $400/month boarding fee.
– A.S. |
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May 11, 2006: On a recent speaking tour
in Vermont, Dr. Ken Taylor, Clinical Director at Integrative
Healthcare Solutions in Dallas, Texas, summed up his beliefs
about unpasteurized milk. “Raw milk is food, and pasteurized
milk isn’t food,” he stated to a crowd of 80 gathered
to hear him speak at a local farm.
Dr. Taylor was in Vermont for a speaking tour sponsored by
two local farm-advocacy groups and the Weston A. Price Foundation,
a national group that advocates for raw milk sales (www.realmilk.com).
His presentation reflected the beliefs of many in the U.S.
and around the world—that unpasteurized dairy products
offer true health benefits because they are “living
food.” In other words, they are enzyme-rich, full of
essential vitamins and other nutrients, and contain “good
bacteria” – qualities which are said to alleviate
allergies, arthritis pain, osteoporosis and diabetes.
There are consumers across the country going to great lengths
to obtain raw dairy products, such as milk, yogurt, kefir,
cheese and butter, in an effort to positively affect their
health.
Dr. Taylor noted that in Texas he buys dairy products from
a farmer who delivers the milk and other products once a week
to his office for his patients because the farm is located
60 miles away from the Dallas clinic. A group in Vermont takes
turns driving over an hour to a farm to pick up milk for residents
of a housing cooperative. In Colorado, Guidestone Dairy (www.guidestonefarm.com)
has started a “cow share” program to supply milk
(see sidebar).
Although there is no hard data as to how many farmers are
selling raw milk products or how many consumers are buying
it—largely because of the legal limitations around the
products—it is clear that the numbers are growing. In
every state, farmers and consumers are producing and buying
these products. The Weston A. Price Foundation has nearly
doubled its membership in one year and has gone from 90 members
at its first conference five years ago to 1,000 at this past
fall’s conference.
Rural Vermont (www.ruralvermont.org),
a statewide advocacy group working for economic justice for
family farmers, estimates that at least 200 farmers are selling
raw milk directly to consumers in Vermont, and the office
regularly receives calls from consumers looking for raw dairy
products.
In addition to the perceived health benefits of the milk,
customers who buy farm-fresh products value the visits to
the farms where they make their purchases. Families enjoy
teaching their children about where food comes from, and spending
time on the farm. They can also see how the animals are treated
and what kinds of safety and cleanliness practices are in
place.
California dairy leads raw-milk initiative
Mark McAfee recently visited Vermont to share the story
of his Organic Pastures Dairy with local farmers as part of
a speaker series sponsored by Rural Vermont and the Northeast
Organic Farming Association (www.nofavt.org).
He developed the Raw USA customer-certification program, where
farmers agree to meet listed requirements and customers can
inspect to determine how the listed items are implemented.
The Raw USA website (www.rawusa.org)
includes a checklist for a customer to take to a farm that
is in the program in order to do an “inspection.”
The standards include requirements for regular testing of
the milk for pathogens, ethical treatment of animals, regular
testing of the animals for disease, cold storage of milk and
cleanliness of equipment and milking parlors. Raw USA also
calls for “24/7 transparencies and verifiable standards
for business and production practices.” McAfee urges
that farmers “super-comply” with state laws on
raw milk, using the Raw USA protocol where no regulations
exist and to use them in addition to state law where they
do.
McAfee’s bottom line is clear: “We farm by Mother
Nature’s blueprint,” he explained to farmers gathered
in a neighbor’s kitchen. “Keep cold, cold; hot,
hot; green, green; and clean, clean,” he summarizes.
His advice to farmers is not to sterilize everything, but
rather just wash it clean because sterility creates an environment
where pathogens can thrive. This violates common organic milk
sanitation practice, but he reasons, “You need the good
bacteria to fight the bad.” He claims seven years of
testing without a single human pathogen – even in his
cow’s manure.

Farmers are realizing that this demand for unpasteurized
milk can mean a fair price for their products – something
farmers rarely see in the commodity market, where milk is
shipped to processors for pasteurization and distribution,
and the price is set through a complicated formula.
Farmers who ship milk in the commodity market get paid by
the “hundredweight” (cwt) – one hundred
pounds of milk, or just shy of 12 gallons. Currently, the
conventional (non-organic) milk price is $12/cwt. Farmers
report the cost of production to be anywhere from $13 to $17/cwt,
as fuel, fertilizer and feed prices rise.
Double the money, but there’s the
law…
Organic farmers who ship on the commodity market report
an organic milk price of approximately $26/cwt. Most farmers
claim this is a fair price that allows them to meet their
cost of production and realize a small profit margin. However,
farmers who are selling raw milk direct to consumers can often
receive $5/gallon, not much more than the price of milk in
the store for many consumers, but over $50/cwt for the farmer.
This price means the farmer can have fewer cows, and support
their family without off-farm work in many cases.
So why isn’t this a widely-known phenomenon? Why aren’t
farmers turning away the milk trucks and only selling direct
to consumers? Why is it so difficult to find raw milk products?
In most states, the sales of raw milk are greatly restricted,
if not completely illegal. In some states, raw milk can only
be sold as “pet food,” and in others, farmers
can sell only from the farm and cannot advertise. In California,
however, the sale of raw milk in retail stores is completely
legal. Other states vary between these extremes.
The federal government first adopted the “Pasteurized
Milk Ordinance” (PMO) — first called the “Standard
Milk Ordinance” — in 1924. According to the U.S.
Food and Drug Administration (FDA), “activities in the
area of milk sanitation began at the turn of the century with
studies on the role of milk in the spread of disease. These
studies led to the conclusion that effective public health
control of milk-borne disease requires the application of
sanitation measures throughout the production, handling, pasteurization
and distribution of milk and milk products.”
As such, the federal government approved the milk ordinance
for voluntary adoption by state and local milk-control agencies.
The FDA indicates that the “recommended Grade 'A' PMO
is the basic standard used in the voluntary Cooperative State-USPHS/FDA
Program for the Certification of Interstate Milk Shippers,
a program participated in by all fifty (50) States, the District
of Columbia and U.S. Trust Territories.” (www.cfsan.fda.gov/~ear/pmo03.html#foreword)
“Slop milk” spurs control efforts
In the 19th century, as the industrial revolution demanded
concentrated populations of workers, grazing land was lost
as cities grew. Yet, demand for milk in the cities was very
high. At the same time, another sector was growing as well
– whiskey distilleries. Ron Schmid explains what happened
next in his book, The
Untold Story of Milk.
Schmid explains that dairymen began keeping their cows in
confinement, next to the distilleries, in order to take advantage
of the waste products, called “distillery slop,”
to feed to the cows. Schmid reports an estimate “that
about 18,000 cows produced over five million gallons of slop
milk each year for the consumption of New Yorkers –
mostly New York’s children.” (p. 34) Schmid also
outlines the sorry conditions in the cow quarters, and the
high death rate among the animals because of the poor nutritional
quality of the slop feed, as well as the high production rate
and crowded conditions in the dairies. All of this led to
poor quality milk, with many human pathogens, and thus, sick
people (especially children). Soon enough, health professionals
realized that bad milk was the cause of much of the sickness
in the cities. However, there was much debate about how to
deal with the problem.
Schmid explains that Henry Coit, M.D. created the first milk
certification program to ensure the safety of raw milk for
human consumption. His “Medical Milk Commission”
established standards for producers to meet in order to provide
a pure product for city dwellers. However, on the other side
of the debate was Nathan Strauss, who was a proponent of pasteurization
as a means to kill the pathogens and thus make milk safe for
humans to drink. In the end, Strauss won the battle, and pasteurization
became common practice in the U.S.
Proponents of pasteurization, including most public health
officials, believe that drinking raw milk is a dangerous act,
especially for people with compromised immune functions. This
is because pathogens can be present in raw milk if conditions
on farms are not up to appropriate protocols.
Pasteurization heats milk to a very specific temperature
for a specific time (the higher the temperature, the less
time is needed), without allowing “recontamination”
of the milk after the heating occurs. The heating kills the
bacteria and other pathogens in the milk, thus making it “safe”
to drink. However, opponents claim that the heating also destroys
valuable enzymes, such as phosphatase. In fact, the test to
see if milk is adequately pasteurized is the test for the
absence of this enzyme.
FDA: raw milk is too risky
Many health officials point to various outbreaks of disease
that are allegedly linked to consumption of raw, unpasteurized
milk. The FDA, for instance, has the following position: “FDA
and other federal and state health agencies have documented
a long history of the risks to human health associated with
the consumption of raw milk. Clinical and epidemiological
studies from FDA, state health agencies, and others have established
a direct causal link between gastrointestinal disease and
the consumption of raw milk. The microbial flora of raw milk
may include human pathogens present on the cow's udder and
teats. Further, the intrinsic properties of milk, including
its pH and nutrient content, make it an excellent media for
the survival and growth of bacteria.”
On August 10, 1987, FDA published in 21 CFR Part 1240.61,
a final regulation mandating the pasteurization of all milk
and milk products in final package form for direct human consumption.
In this Federal Register notification, FDA made a number of
findings including the following: "Raw milk, no matter
how carefully produced, may be unsafe;" and “Opportunities
for the introduction and persistence of Salmonella on dairy
premises are numerous and varied, and technology does not
exist to eliminate Salmonella infection from dairy herds or
to preclude re-introduction of Salmonella organisms."
(www.cfsan.fda.gov/~ear/mi-03-4.html)
Michigan was the first state to require, in 1948, that all
milk sold to consumers be pasteurized. The state’s website
urges, “Michigan consumers deserve the public health
benefits provided by safe and wholesome pasteurized dairy
products. The state’s pasteurization requirements have
successfully protected our consumers for over 50 years and
the Michigan Department of Agriculture strongly urges all
consumers to drink only milk that has been safely pasteurized.”
(www.michigan.gov/som/0,1607,7-192-29941_30586_30677-94782--CI,00.html)
Because most dairy studies have focused on pasteurized milk
for many years, it is difficult to disprove these claims at
this time, except through anecdotal evidence. (Rural Vermont
is seeking funding to compare pathogen levels in milk produced
for raw consumption with milk produced for pasteurization.)
However, despite this apparent lack of current science, many
consumers still believe that raw milk is good for them. As
such, they are working with farmers across the country to
create systems to buy and sell raw dairy products. Although
some farmers report feeling like drug dealers in these arrangements,
consumer demand is high, and the price is right for the perceived
superior value of the milk.
Time will tell whether consumer-driven market demand, if
it continues at its current growth trajectory, will create
a change in public-health policy or in how states seek to
restrict raw milk sales. 
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