14 11 2010

If you’re wondering what kind of roadblocks our government is willing to throw in the way of local food, consider what’s happened to Morningland Dairy.

For thirty years, Morningland, a farm in Missouri, has made and sold raw  milk-based cow and goat cheese.  During this thirty-year stretch,no Morningland customer has complained about any illness related to contaminated cheese.

That’s not good enough for the US Food and Drug Administration, which is committed to the proposition that raw milk dairy products are inherently dangerous.  To the FDA, our right to “life, liberty, and the pursuit of happiness” does not include the right to eat what we please.

Here’s the apparent chain of events.  In late June,  Los Angeles police, under orders from the District Attorney, conducted a guns-drawn raid on Rawsome Foods, a members-only co-op that specializes in…well, raw foods, from nuts to vegetables to meat and…dairy.  The dairy was what the cops were after.  They confiscated the co-op’s stock of raw dairy products.  After letting them sit around for a while, possibly unrefrigerated, the government tested Morningland’s cheese and found that…wow, it was contaminated.  That led them to contact Missouri authorities, who ordered that Morningland destroy the 50,000 pounds of cheese it had in inventory–and no, they didn’t need to do no steenking tests on the cheesee–the mere fact that it was made from raw milk was proof that it was contaminated, in the authorities’ eyes.

Destroying the cheese, worth a quarter of a million dollars, would have destroyed the farm.  Owners Joseph and Denise Dixon decided to fight back.

Here’s blogger Dorreen Hannes’ description of the next stage of the so-called “legal process”:

On September 24th, the Milk Board verbally ordered Morningland to destroy their product. Morningland asked that this order be put in writing. One week later the order was hand delivered to General Manager/owner, Joseph Dixon. The order states that in three business days the Milk Board would contact them with when and how the cheese was to be destroyed.

Morningland dared to publish a written objection to committing suicide, a rebuttal and proposed remedy. They rebutted many of the stated “facts” in the 10-page order, Destroy Orders: Morningland Dairy. The Morningland Dairy then offered a reasonable, logical, scientifically sound remedy to destruction on the afternoon of October 6th.

The next morning, they were served with a restraining order and preliminary injunction by the Attorney General’s office of Missouri. They were to be in court the very next day. In sum, they were ordered to destroy their wealth on Friday, asked for logic and justice on Wednesday, notified they were being sued on Thursday and ordered to be in court on Friday.

At 4:50pm on Thursday, the Attorney General’s office called and canceled court because one or two of their witnesses couldn’t attend. Never mind that a family run dairy and cheese plant with 9 families making a living through it should mount a legal defense against destruction in one day. It’s another raid using Gestapo legal tactics that fit the MO of the FDA and their minions….or sub agents, if you prefer.

Around the end of the month,the FDA told them:

…. Morningland Dairy’s cheese poses “an acute, life-threatening hazard to health”, and the Missouri Milk Board sent a letter to Morningland Dairy, stating that “No administrative regulations allow the appeal of the State Milk Board’s administrative order…”

But, since that blast, things may have shifted.  just last week, Morningland and the state of Missouri finally came to an agreement to test the cheese (which has been kept in cold storage all this time, at no small cost) and determine the appropriate course of action from there.  Hooray for somebody in state government being reasonable.

I’ve said this before, but it’s worth repeating: regulations banning raw dairy products are based in the old paradigm, in which producers are trying to get away with cutting every possible corner and must be held accountable so they do not poison consumers.  Morningland operates under the new paradigm, in which producers are responsible to their customers to provide the best product possible.  Morningland and its customers are fully aware of the potential dangers of contaminated raw milk, and are, in the totally selfish interest of self-protection, vitally interested in producing the cleanest product they can possibly come up with.  Not only does Morningland keep an extraordinarily high level of cleanliness in their operations, they have routinely tested their products for contamination.–and yes, they routinely come up clean.

If you would like to send some financial support to Morningland to help them through this struggle, you can “sponsor” a cheese at

Full disclosure:  I sent ’em twenty bucks.

The double standards operating in this case are mind-blowing.  Exhibit one: Wright County Farms is the corporate entity that was responsible for releasing salmonella-tainted eggs that sickened hundreds of people last summer.  They are repeat violators, but the fines that have been levied against them have always been a slap on the wrist.  The government is not trying to drive the company out of business.

“Too big to fail,” I guess.

We can also look at the tobacco industry, which produces a product that is poisonous and addictive, and has killed millions of people all over the world.  R.J. Reynolds is still in business.  The government has not shown up, guns at the ready, to confiscate their product, nor have their executives been perp-walked into waiting police cars.  (OK, that didn’t happen to the Dixons, either, but you know what I mean.)

On a more positive note, we can also look at Europe, where raw milk, and raw milk cheese, are not only an accepted part of the food scene, but a bright, shining star in it.  Can  you say, “Camembert, Brie, and Roquefort,” boys and girls? They’re all raw milk cheeses!

What we are looking at here is just another facet of the fact that the US government has become the enforcement arm of big business, and big business does not like the idea of the country’s food system relocalizing.  On the other hand, as the evolution of Morningland’s legal standoff shows, there are individuals in the government who are capable of appreciating and encouraging the local food movement.  Communism was monolithic until it crumbled–and no, I’m not happy about the non-“Communist” repression that has taken its place in all too many locations, but the fact is that “Communism” fell apart because the individuals who had supported it withdrew their support.  Anything can happen.

Music:  Bruce Cockburn:  “Anything Can Happen”


7 08 2010

When 20 federal agents show up at a farm and seize farm products and computers, the first thing most people would think is, “marijuana.”  All too often, these days, it’s a different m-word:  milk, and also, sometimes, meat.

In response to demand for better-quality dairy and meat, farmers and local food activists across the country have set up private buying clubs, similar to  fruit-and-vegetable-oriented “Community-Sponsored Agriculture” groups.  Under this arrangement, which is a private agreement among consenting adults and not an open store, raw dairy products and freshly butchered meat move directly from farm to home, with no middleman, resulting in increased returns to the farmers, who need all the returns they can get.

State and federal regulatory agencies are starting to raise hell about this.  It’s hard to say how many farms and co-ops have been raided for “illegal” milk and meat, but the frequency of these raids seems to be increasing.

Illegal milk and meat–who woulda thunk it?  This is the latest bump in the road for the local food movement, and provides a prime example of two things:  first, laws passed because of a certain kind of dangerous behavior are being used to suppress a different, far more benign activity; and, second, big food’s use of the government to enforce its monopoly when other methods fail.

The rise of mass civilization over the last three or four centuries produced many unintended consequences–for that matter, the whole thing was an unintended consequence of unbridled selfishness as an organizing principle for society, but let’s keep it to the milk and meat department for now.

Not so long ago, the main way people had access to dairy products was from owning a milk cow, or knowing somebody who did.  Without refrigeration, fresh milk was a rare and transient treat, and ice cream an even rarer treat for the very wealthy.   Most milk became  yogurt and cheese, which store much better than milk.  Not so long ago, too, people had no clue about the germ theory of disease, and so contamination of fresh, raw milk was easy, unintended, and all too common.

A little more recently, dairy went from being a farm product to being an industry. As with any large capitalist enterprise, it involved underpaid, alienated workers who were not concerned about the quality of what they produced, and management looking for any corner it could get away with cutting.  Not surprisingly, this resulted in frequent contamination of the milk supply, widespread public illness and outcry, and, ultimately, regulation requiring refrigeration and pasteurization in an attempt to  insure safety.

The same thing happened in the meat-packing industry, with Upton Sinclair‘s famous novel “The Jungle” galvanizing public and legislative support in an attempt to clean up the business of keeping America supplied with meat.

But none of this changed the fundamental dynamic.  Workers remain underpaid and alienated, management still cuts every corner it can get away with, and the result is repeated episodes of contaminated products reaching the market, and widespread public doubt about the safety of officially approved practices, such as the use of  the hormone rBST to increase milk production.

Creating alternatives to mainstream meat and dairy products is not as simple as growing your own fruit and vegetables. XX Legally, meat and milk that are sold must be processed in government approved facilities–but the practices in those facilities, and indeed to some extent, their very existence, is the problem for many seeking local, healthier food.  To compound the problem, the regulations have been designed to favor large production facilities, and place onerous, unnecessary burdens on small producers–such as the detail that slaughterhouses have to provide a separate bathroom for the inspectors.

And so, people have formed private buying clubs to circumvent this.  They buy a portion of a milk or dairy cow from a farmer, so that when the cow is milked or slaughtered, it is already “theirs” and the farmer is merely performing a service for them.  This situation is far removed from the alienated, profit-seeking “industry” model that prompted the need for regulation.  There is a bond of trust between farmer and eater, and the farmer wants to give his customers the best quality he can, not the least he can get away with.

The law in many states, however, does not recognize this, and we have the spectacle of state attorneys and department of agriculture personnel roaring self-righteously about shutting down dangerous operations–which may be perfectly legal in a neighboring state.  In fact, some level of raw milk sales is legal in most states–but the federal government prohibits interstate commerce in raw milk, and has actively worked with law enforcement to shut down raw milk sales whenever it could.

There’s an eerie resemblance to the current patchwork state of medical marijuana here.  Another parallel with marijuana is health benefits.  Just as marijuana advocates propound its health benefits, which are vigorously denied by the DEA and some uptight academics and conservative social critics, so advocates of raw milk say that, overall, it’s much healthier for you than processed milk, claims strenuously contested by  many of the same people who oppose marijuana legalization.

But I’m a vegan.  Why do I care about this issue?  They’re not restricting my right to raw beans!  Well, actually, they’ve restricted my right to eat raw almonds.

And that’s where the wider implications of this food fight come in.  The blanket ban on raw almonds was instituted because of a salmonella outbreak that occurred in the almond crop of a large-scale, “factory” almond farm, and this is the same pattern we are seeing all over the “food industry.”  Factory-farmed foods have contamination problems, but the regulation that is introduced in response to these problems makes it much more difficult and expensive for small-scale operators, who are not the source of the problem.

Moreover, this continues the precedent, again, set through the drug laws,  that the government can control what we choose to put into our bodies, for reasons that have more to do with who controls the government than with human health. There are lines that can be drawn, but prohibiting private transactions among consenting adults is not the place. Banning commercial tobacco sales, for example, would be a good idea.  Prohibiting individuals from growing tobacco and giving, or even informally selling it, to their friends, outside a commercial framework, would not be a good idea.  But I digress.

Is it perhaps mere paranoia to think that the government would persecute the raw milk/fresh meat movement at the behest of Big Ag, rather than to protect innocent, misguided citizens from poisoning themselves?

Consider that Obama’s appointments to Ag Department posts look like he did his recruiting almost exclusively at Monsanto, the Fox News of agriculture. Consider that big agriculture, although it would be bad PR to admit it publicly, is concerned about having their market monopoly undermined by local food.  Consider the way corporate policy tends to become government policy, through the irresistible attraction of campaign funding arrangements.  The interwoven media-government-big business cabal will take advantage of every illness that can possibly be attributed to local food to make it seem dangerous, and use every mass release of contaminated food by a multinational food producer to create regulations that are full of loopholes for the big guys and hurdles for the little guys.

It’s about scale.  Raw milk is distinctly local.  It is not a mass-marketable product.  It cannot be transported cross-country, or across a continent, like pasteurized milk. (Most of the store-sold milk in Mongolia, traditionally a big dairy country, is now imported from Europe–but I digress.)  If a batch of raw milk is contaminated,  a few dozen people may be affected. But when the industrial food complex fouls up a batch, tens or even hundreds of thousands of people are poisoned.  Cargill, one of the companies concerned about the dangers of local foods, recently had to recall a million pounds of beef tainted with an antibiotic-resistant strain of salmonella.  How many people got sick from this?  Who knows?  Most of the  people who ate it were ignorant of its origin.  And of course, the resistant salmonella developed because factory-farmed cows are routinely fed antibiotics.  But that’s another story.

Factory-farmed eggs have had a long history of salmonella contamination.  The FDA has put new rules in place that will not eliminate contamination, but cut it by 60%.  Looking on the bright side, the official announcement says

79,000 illnesses and 30 deaths due to consumption of eggs contaminated with the bacterium Salmonella Enteritidis may be avoided each year with new food safety requirements for large-scale egg producers.

So…that means that there will still be 52,000 illnesses and 20 deaths every year due to salmonella-contaminated eggs, and that’s OK.  But raw milk!?  Send in the tac squad!

And don’t get me started on all the lawbreakers who are getting away with it while the government packs heat to bust people with milk cows.  OK, I’ll start a little:  Alberto Gonzalez will not be prosecuted for pushing US Attorney Generals to start cases just to make the Democrats look bad, or for helping John Yoo blow a lot of hot air about why it’s OK for the US to violate the Geneva Conventions and torture people, or just kill them outright.  John Yoo’s not getting prosecuted for that, either.  And not only are the boys at Goldman-Sachs not getting prosecuted for ripping off the rest of us, they’re getting to run the government.

I’m going to close with a quote from farmer and local food activist Joel Salatin:

“This food safety is a very subjective thing. If there’s one thing that stands between freedom and tyranny it’s the choice of being able to decide what to feed our own bodies. If that isn’t the most basic human freedom I don’t know what is.  By what extreme notion has it been decided that it’s perfectly safe to feed our kids Coco Puffs, Twinkies and Mountain Dew but it’s not safe to feed them compost-grown tomatoes and raw milk?”

music:  Greg Brown:  “Canned Goods

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