Court Backs Raw Milk Standard

By Robert Rodriguez, The Fresno Bee, Calif.

May 24–HOLLISTER — A Superior Court judge said Friday that the state had a rational basis for creating legislation that imposes a higher safety standard for California’s two raw milk producers.

The two dairy operators — Organic Pastures of Fresno County and Claravale Farms of San Benito County — are battling to try to stop the state from enforcing the law that took effect last year, saying it will put them out of business.

The new law has been on hold since March, when Superior Court Judge Harry Tobias suspended it to hear arguments over whether to issue a preliminary injunction. Friday, the judge sided with the state.

Last month, two scientists testifying on behalf of the dairies argued that the new standard is unnecessary and that raw milk naturally contains helpful bacteria that neutralize bad bacteria.

But on Friday, the state presented its own experts who countered the dairy supporters, saying the new standard is designed to protect the public from food-related illness.

The new regulations set a limit of 10 coliform bacteria per milliliter of raw milk. It’s the same standard used for pasteurized milk, state officials have said.

Although high coliform counts do not indicate that milk is tainted with harmful pathogens, regulators say coliform testing measures cleanliness, and unclean dairies are more likely to harbor harmful bacteria.

"Clean milk is safe milk," said Michael Payne, a University of California expert in food safety and a veterinarian. "It is not rocket science."

But the dairies’ attorney, Gary Cox, called the new standard arbitrary and said that the state’s experts had a bias against raw milk.

"This is nothing more than a burdensome regulation that has nothing do with public health and safety," Cox said.

Deputy Attorney General Anita Ruud argued the state acted appropriately when it created the new standard.

"They created a higher standard for cleanliness that other states have adopted as well," Ruud said. "There is a very real harm from potential pathogens that are dangerous to the elderly and children. This assures cleanliness at all levels, from the cow to the bottle, and that is what we need."

Judge Tobias agreed, saying that the state presented sufficient evidence that the Legislature had the basis for passing the new law.

"And I am not convinced that the plaintiffs would prevail at trial," Tobias said. "From the plaintiffs’ standpoint, they should be dealing with their political representatives for legislative modification."

Mark McAfee, owner of Organic Pastures dairy, said dairy officials are working with Sen. Dean Florez, D-Shafter, on a new legislative solution that sets a higher bacteria count along with a new food safety plan guiding dairy operation.

Tobias granted the dairies a three-week suspension of the new law to allow their attorney to file an appeal.

California is one of 28 states that allow sales of raw milk. There are about 40,000 raw-milk drinkers in the state.

The reporter can be reached at brodriguez@fresnobee.com or (559) 441-6327.

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