| 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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