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  • The Illinois Department of Public Health is presently pushing for burdensome and restrictive rules on raw milk sales that would affect producers with even just one cow or goat. An estimated 400,000 Illinois residents drink raw milk, and may be adversely impacted should the new restrictions be put in place
  • Raw milk supporters in Wisconsin are petitioning the state’s Supreme Court to rule on whether obtaining and consuming raw milk is a constitutional right
  • Raw milk bans have nothing to do with public safety, and everything to do with controlling the dairy market and eliminating competitive threats
  • Kentucky Congressman Thomas Massie plans to introduce a series of “food freedom” bills. The first two, HR 4307 and HR 4308, could be a major step forward for the raw milk movement. Sign the petition now
 

Fight for Raw Milk Heats Up in Wisconsin and Illinois

October 21, 2014 | 257,827 views

By Dr. Mercola

Raw milk dairy products from organically raised pasture-fed cows rank among some of the healthiest foods you can consume. It’s far superior in terms of health benefits compared to pasteurized milk, and if statistics are any indication, it’s safer, too.

While many believe that milk must be pasteurized before it can be safely consumed, it’s worth remembering that raw milk was consumed for eons before the invention of pasteurization.

It’s also important to realize that pasteurization is only really required for certain kinds of milk; specifically that from cows raised in crowded and unsanitary conditions, which is what you find in confined animal feeding operations (CAFOs). It really needs to be pasture-raised, NOT pasteurized.

Organically raised cows that are allowed to roam free on pasture where they can graze for their natural food source produce very different milk. Their living conditions promote and maintain their health and optimize their milk in terms of the nutrients and beneficial bacteria it contains.

The Case Against Pasteurization

Pasteurization destroys enzymes, diminishes vitamins, damages milk proteins, destroys vitamin B12 and vitamin B6, kills beneficial bacteria, and actually promotes the growth of disease-causing pathogens.

Normally, healthy microbes help keep pathogens in check, but since pasteurization kills everything, a massive void is left and it is very easy for disease-causing microbes to contaminate the great culture media in a pasteurized product.

Pasteurization also destroys many of the enzymes that are needed for digestion. As a result, drinking pasteurized milk can tax your pancreas, contribute to leaky gut or holes in the lining of your intestine, and promote disease—particularly allergies.

All of this makes the war on raw milk all the more disconcerting. There are many raw foods sold, yet raw dairy is being singled out for elimination.

Could you imagine if raw oysters, for example, suddenly became a “forbidden” food? Everyone knows there are risks to eating raw oysters. Yet people do it all the time and feed them to their children.

The fact is, ANY food, if poorly handled, carries the risk for disease. Ironically enough, the vast majority of foodborne illness is actually caused by highly processed foods, including pasteurized milk.

Raw Milk Access Threatened in Illinois

At present, my home state of Illinois is pushing to restrict raw milk sales. According to WGEM news:1

“The FDA estimates up to 400,000 Illinois residents drink raw milk and local dairy farmers say those consumers will lose out if new restrictions are put in place...”

For over 30 years, the unlicensed on-farm sale of raw milk has been legal by government policy in Illinois. It’s a policy that has worked well and with no reports of foodborne illness attributed to Illinois raw milk producers going back at least as far back as 1998, if not further back.

The Illinois Department of Public Health (IDPH) issued proposed regulations on September 5 that a number of raw milk producers believe would put them out of business. The burdensome, restrictive rules include provisions that would require a producer with even just one cow or goat to have a permit and would be subject to regular inspections and testing; the rules would also prohibit unlicensed dairy farmers from giving raw milk to guests at their home.

A workgroup consisting mostly of IDPH officials and dairy industry reps drafted the proposed rules; raw milk producers and consumers were also part of the workgroup but their input was ignored. The group wasn’t funded by the legislature but rather by a grant from FDA, the most anti-raw milk government agency in the country. An FDA official who was part of that workgroup stated that FDA considers all raw milk potentially adulterated.

Opposition by raw milk producers and consumers to the rules is also understandable when you consider that the proposed rules would place regulation with an agency (IDPH) that was complicit in an attempt to ban raw milk in the state legislature earlier this year. In March, a consortium of county health departments tacked on an amendment to ban raw milk sales in a bogus bill to amend the Access to Restrooms Act (i.e., changing the word “the” to “the”). IDPH knew of the effort but did nothing to stop the consortium when it had the chance to do so. This happened just a few months after raw milk producers and consumers worked in good faith with IDPH to draft reasonable regulations governing raw milk sales and production in Illinois.

An official with IDPH has admitted that the regulations the department wants to become law would not be passed by the Illinois legislature if submitted as a bill. If it wouldn’t pass through the people’s branch of government, why should the agency adopt it as law?

IDPH will be holding a hearing on the proposed rules on Thursday, November 6, from 9 a.m. to 4 p.m.at the Illinois Building on the Illinois State Fairgrounds in Springfield. Shortly after the hearing, the state legislature’s Joint Committee on Administrative Rules (JCAR) will begin its review of the proposed regulations. JCAR has the power to reject the regulations. Illinois residents are encouraged to attend the November 6 hearing and to contact JCAR, asking its members to reject the proposed rules. Click here for details.

Raw Milk Issue Goes to Wisconsin Supreme Court

Meanwhile, parties to three different cases in Wisconsin are petitioning the state’s Supreme Court to decide, among other matters, whether obtaining and consuming raw milk is in fact a constitutional right. As reported by the Green Bay Press Gazette:2

“The plaintiffs ‘believe they have a fundamental constitutional right to choose what they eat and to choose where that food comes from,’ food rights activist Gayle Loiselle said. ‘We have constitutional rights to conduct business directly between farmers and citizens without government interference and without middlemen like food processors or distributors.’"

At present, Wisconsin allows “incidental” sales of raw milk; however, the state Department of Agriculture, Trade and Consumer Protection (DATCP) interprets “incidental sales” in such a way as to limit the availability of raw milk to the consumer as much as it possibly can (e.g., one-time purchase at a given farm).

In one of the cases, a suit brought by members of the Nourished By Nature food buyers club (NBN) and farmers Mark and Petra Zinniker to get a court order upholding an agreement in which the Zinnikers boarded cows wholly owned by NBN and provided raw milk to club members, Dane County Circuit Court Judge Patrick J. Fiedler declared that

  • Plaintiffs do not have a fundamental right to own and use a dairy cow or a dairy herd.
  • Plaintiffs do not have a fundamental right to consume the milk from their own cow.
  • Plaintiffs do not have a fundamental right to board their cow at the farm of a farmer.
  • The Zinniker Plaintiffs' private contract does not fall outside the scope of the States' police power.
  • Plaintiffs do not have a fundamental right to produce and consume the foods of their choice.

In another of the cases, dairy farmer Vernon Hershberger was acquitted on three of four criminal charges for violations of the state Food and Dairy code, but was convicted on a fourth charge for violating a holding order when he removed food from refrigerators in his farm store that had been sealed by DATCP during a farm raid. Jurors later complained that the judge presiding over the trial, Guy Reynolds, prevented them from hearing evidence that would have changed their verdict on the hold order.

The judge’s conduct was biased against Hershberger throughout the trial; at one point, the judge admonished attorneys and witnesses for Hershberger that they were not to say the words “raw milk” and “liberty” before the jury.

The Wisconsin court cases typify what is happening elsewhere in the country where judges rubber-stamp the actions of overreaching government agencies interfering with people trying to obtain the foods they want to eat.

Raw Milk Bans Are Not Really About Food Safety; They’re About Market Control...

While the US government, public health, and dairy industry officials say they want to restrict the sale and distribution of raw milk because of safety concerns, it’s quite clear that safety isn't the motivating factor.

The REAL issue is control of the dairy market.

You might think that, should raw dairy become the norm, the dairy industry would simply follow suit and switch over to producing raw products. But it’s not that simple. In fact, it would be virtually impossible for a CAFO operation to start producing safe raw milk.

CAFO cows tend to produce milk that is unhealthy and unsafe to drink raw because grains, antibiotics, and growth hormones, are necessary since the animals live in such unsanitary conditions. This changes the pH balance and the natural bacteria present in the cow's gut. This in turn affects the natural beneficial bacteria and pathogens can widely contaminate the milk.

The fact of the matter is that Big Dairy depends on pasteurization, and this is why dairy lobbyists will stop at nothing to persuade government agencies to restrict or outright ban raw milk produced by much smaller organic or pastured dairy farms.

It’s really about eliminating competition, not about eliminating a major safety hazard. If it were, raw seafood and uncooked meats would surely be outlawed as well. Another control factor relates to the processing industry itself. He who controls the processing controls the market, including pricing.

Data Shows Superior Safety of Raw Milk Compared to Other Foods

Three years ago, Wise Traditions published research by Dr. Ted Beals MD,3, 4 which reveals that you are 35,000 times more likely to get sick from other foods (most of which are processed) than you are from raw milk. If those aren’t reasonable odds for choosing raw milk, I don’t know what is. In his 2011 presentation given at the 3rd International Raw Milk Symposium, Dr. Beals also noted that:5

  • The CDC estimates more than 845,000 Americans acquire diarrhea caused by contaminated food, but only an average of 34 of those cases are attributed to drinking raw milk
  • CDC estimates an annual average of more than 63,150 Americans acquire diarrhea caused by food contaminated with E. coli. On average, just five of those are attributed to drinking raw milk
  • CDC estimates an annual average of more than 1 million Americans acquire diarrhea caused by food contaminated with Salmonella. On average, three of those are attributed to drinking raw milk

Furthermore, “those who wish to ban all milk that is not pasteurized use the horrors of Listeria monocytogenes’ systemic diseases to support their cause,” he says. “They consistently broadcast the high mortality and focus on the susceptibility of women who might be pregnant, fetuses, newborns and the elderly. However, Listeria monocytogenes has never been a significant public health risk from drinking fresh raw milk.”

Citing health concerns make absolutely no sense whatsoever when statistics are reviewed. As of 2010, there were well over 9.3 million consumers of raw milk in the US, yet only an average of 42 illnesses annually could be traced back to raw milk consumption. Meanwhile, there are an estimated total of 48 million cases of foodborne illness occurring each year in the US—from foods other than raw milk! As noted by Dr. Beals in his 2011 presentation:

“It is irresponsible for a senior national government administrator to testify that because of those 42 people, raw milk is inherently hazardous, parents should not be allowed to decide which foods they serve their children and milk should be banned across the nation unless it has been pasteurized.”

If you’re curious, you can check the CDC’s Foodborne Outbreak Database6 for yourself to see which foods, and which pathogens or contaminants, have reportedly caused illness over the past decades. At present, the database contains reports from 1998 up until 2012. All sorts of foods are represented, from salads to breads, pastas, various meat dishes, potatoes, and even beer... So while raw milk is featured as a cause of illness, if we use 2012 as an example, coleslaw, chicken, fish, and salad were still more common sources of illness that year. Yet no one is suggesting we ban the sale of any of those foods “to protect human health.”

The Benefits Clearly Outweigh the Potential Risks of Drinking Grass-Fed Raw Milk

While pasteurized milk have few if any redeeming qualities besides being readily available at every convenience store, raw milk from grass-fed cows has a number of health benefits you simply will not obtain from drinking pasteurized and homogenized CAFO milk. For example, raw grass-fed milk is:

Loaded with healthy bacteria that are good for your gastrointestinal tract High in omega-3 and low in omega-6, which is the beneficial ratio between these two essential fats
Full of more than 60 digestive enzymes, growth factors, and immunoglobulins (antibodies). These enzymes are destroyed during pasteurization, making pasteurized milk much harder to digest Loaded with vitamins (A, B, C, D, E, and K) in highly bioavailable forms, and a very balanced blend of minerals (calcium, magnesium, phosphorus, and iron) whose absorption is enhanced by live Lactobacilli
Rich in conjugated linoleic acid (CLA), which fights cancer and boosts metabolism Rich in healthy unoxidized cholesterol
Rich in beneficial raw fats, amino acids, and proteins in a highly bioavailable form, all 100 percent digestible It also contains phosphatase, an enzyme that aids and assists in the absorption of calcium in your bones, and lipase enzyme, which helps to hydrolyze and absorb fats

Where to Find Raw Milk

There are several resources out there to help you locate raw milk and other dairy products, and the Farm-to-Consumer Legal Defense Fund provides a state-by-state review of raw milk laws, in case you don’t already know what your state’s rules are.

One alternative to raw milk that is now available in some US food stores is lightly pasteurized and non-homogenized organic milk. If your local store doesn’t carry it yet, you can ask them to do so. As a last resort, if you cannot obtain raw milk, or for whatever reason choose not to, you could opt for organic pasteurized milk. At least you’ll avoid many of the detriments of CAFO dairy that way—including antibiotics, recombinant bovine growth hormone (rBGH), and other drugs. You’ll also avoid a source of genetically engineered organisms (GMOs) and glyphosate, as CAFO cattle are typically fed genetically engineered grains.

Important Raw Milk Bills That Could Usher in More Food Freedom

Raw milk is the only food banned in interstate commerce. This makes it challenging for small farmers to share their raw milk products with people living across state lines. Such nonsensical bans have resulted in an increasing number of violent crack-downs on peaceful dairy farmers who want nothing more than to provide their customers with high-quality food.

Congressman Thomas Massie of Kentucky has plans to introduce a series of “food freedom” bills; he introduced the first two of those bills this spring, legislation that could be a big step forward for the raw milk movement. According to Massie, these bills are intended to improve consumer food choices while protecting local farmers from federal interference:

  • The Milk Freedom Act of 2014 (HR 4307): The bill would prohibit the federal government from interfering with the interstate traffic of raw milk products, offering relief for small farmers who have been harassed, fined, or prosecuted for distributing raw milk.
  • The Interstate Milk Freedom Act of 2014 (HR 4308): This bill would prevent the federal government from interfering with trade of unpasteurized natural milk or milk products between states where distribution or sale of such products is already legal.

To protect food freedom and freedom of choice for all Americans, I urge you to contact your government representatives, and ask them to vote YES on both HB 4307 and HB 4308. The Farm-to-Consumer Defense Fund has created an online petition to FAX your message to your U.S. Representative and both Senators. Please take a moment to sign the petition right now.

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