Fw: HUGE RAW MILK VICTORY IN CALIFORNIA

[Guest guest]

Debbie Chikousky

Manitoba, Canada

gdchik@...

" The person who wants something will find a way.

The person who doesn't will find an excuse. "

>

>

> HUGE RAW MILK VICTORY IN CALIFORNIA

>

> March 20, 2008. For Immediate Release: Raw milk consumers won a major

> victory yesterday as Judge Harry J. Tobias of the San Benito Superior

> Court in Hollister, California granted a temporary restraining order

> against the enforcement of AB 1735.

>

> Described as a " stealth attack " against raw milk, AB 1735 calls for a

> strict coliform limit of 10 per ml or under in bottled raw milk. In court

> papers filed on March 6, Organic Pastures Dairy Company and Claravale

> Farms argued that raw milk from their dairies has a superlative safety

> record in California and that the new coliform limit would effectively put

> them out of business. Coliforms are beneficial bacteria found in raw milk.

>

> The plaintiffs were represented by of the Farm-to-Consumer Legal

> Defense Fund, which gives legal support to member farmers who provide raw

> milk and other farm products directly to the public.

>

> Ruling from the bench after nearly two hours of oral argument, Judge

> Tobias concluded that the two dairies would both be irreparably harmed if

> the coliform standard imposed by AB 1735 continued to remain in effect,

> noting that existing testing data proves the dairies cannot meet the

> standard.

>

> In issuing the temporary restraining order, Judge Tobias set the matter

> for a preliminary injunction hearing for April 25th to determine whether

> the temporary stay should remain in effect until the parties actually go

> to trial, which could conceivably be later this year. If Judge Tobias

> issues a preliminary injunction at the conclusion of the April 25th

> hearing, then raw dairy products will be safe in California until the

> parties go to trial.

>

> " This is a huge win for raw dairy consumers in the State of California "

> said Taaron Meikle, president of the Farm-to-Consumer Legal Defense Fund.

> " With this ruling, consumers can continue to enjoy the health benefits of

> raw dairy. We are pleased with Judge Tobias' ruling and hope the stay

> remains in effect after the April 25th hearing. "

>

> The Legal Defense Fund argued on behalf of its members, Organic Pastures

> and Claravale Farm, that without an injunction, both dairies would go out

> of business. In addition, Fund lawyers noted the lack of evidence that

> any pathogens causing human illness have been found in any of the dairies'

> products.

>

> " The Judge's ruling is consistent with the evidence and the law of the

> case, " said Fund attorney . " We had provided evidence that our

> members would both go out of business should AB 1735 be enforced, and that

> there was no scientific or reasonable basis for using coliforms as the

> standard for safety and health, " further added.

>

> The parties will now begin preparing for the April 25th hearing. At that

> hearing, both parties are free to submit declarations and affidavits as

> well as introduce live testimony with expert and lay witnesses. The

> hearing is scheduled for one day and a ruling is expected within a month

> thereafter. In the meantime, legislative efforts continue to gain

> momentum, as several concerned legislators have introduced bills to

> rescind AB 1735 and replace the 10 coliform limit with another, more

> reasonable and scientifically based limit.

>

> Tax-deductible donations in support of the upcoming legal efforts may be

> made to the Farm-to-Consumer Foundation, www.farmtoconsumerfoundation.org.

>

> CONTACT: Taaron Meikle, President, The Farm-to-Consumer Legal Defense

> Fund,

>