FW: PENNSYLVANIA RAW MILK SITUATION UPDATE AND ACTION ALERT

[Guest guest]

Thank you,

(Sly) Nehrboss

RAW MILK SITUATION IN PENNSYLVANIA

UPDATE AND ACTION ALERT

Dear Members,

Once generally supportive of raw milk, Pennsylvania authorities have been

making life very difficult for raw milk farmers and consumers during the

last few weeks. This email will provide you with details about what has been

going on and describe an action plan. As what happens in Pennsylvania

affects the raw milk situation throughout the country, we are sending it out

to all members. We ask that you PLEASE READ THIS ALERT CAREFULLY and ALL

join us in carrying out the actions proposed. (We apologize for the length,

but it is necessary to provide you with all the facts and a careful

explanation of what is going on.) Also, please forward this alert to your

own email groups.

RAID ON MARK NOLT'S FARM

" All truth passes through three stages, " wrote Schopenhauer. " First it is

ignored, then it is violently opposed and finally it is accepted as self

evident. " Unfortunately the transition from the first to the second stage

has fallen on a gentle Pennsylvania Mennonite raw milk farmer, Mark Nolt,

described by many as the " Parks of farmers' rights. " On April 25,

Mark's farm was raided--for the second time--and this time he was arrested,

in connection with five citations for selling raw milk without a license.

He was taken in handcuffs to a magistrate in Mount Holly Springs where he

refused to make a plea to the criminal charges against him. A trial has

been scheduled for May 5.

The first raid occurred last August 10, when the Pennsylvania Department of

Agriculture (PDA) seized over $25,000 worth of product, packaging equipment

and supplies. This occurred after a Commonwealth Court found Nolt in

contempt for violating an injunction prohibiting him from selling raw milk

and raw milk products without a permit.

In the second raid, the agents descended on the quiet farm, " like Vikings, "

according to Mark, in six police cars and at least five unmarked cars,

presumably belonging to PDA officials. The agents were personally led by

Bill Chirdon, Director of PDA's Bureau of Food Safety and Laboratory

Services. Mark tried asking one policeman what the state's authority was for

being on the property but the policeman kept cutting him off, seemingly

trying to provoke a confrontation. The police threatened to arrest anyone

who attempted to set foot on Nolt's property; even Nolt's father and brother

who live on the same lane were denied access.

Imagine the position of Mrs. Nolt, enduring the sight of her husband carried

away in the back seat of a police cruiser. The officers refused to tell her

where they were taking him. Then she and her ten children had to stand by

once again while the officers went through their cheese shop and store,

taking food meant to feed many families, including their own. Fortunately,

Mark was released after the hearing, and he returned to the farm on foot

rather than accept a ride in a police car.

In a supreme act of arrogance, Chirdon stole a book off Nolt's shelf- " All I

Ever Wanted to Do is Illegal " by Salatin. According to a PDA spokesman,

Chirdon will return the book at Mark's trial.

Mark let his permit drop several years ago because it did not allow him to

sell value-added products such as butter and cream. Mark's position is that

he has a constitutional right to enter into contractual agreements without a

permit, that is to sell raw milk and raw milk products directly to

customers.

Mark told Gumpert that the product PDA confiscated (mostly cheese) was

worth over $30,000. They also took supplies and equipment. PDA agents were

particularly malicious, taking valves, parts to a cream separator and pieces

of cheese-making equipment so his equipment could no longer be used. The

warrant PDA received from the magistrate states that PDA could search and

seize " any equipment, containers or supplies used to bottle or package for

sale milk and products manufactured from milk. " Obviously cream separator

parts and cheese-making equipment have nothing to do with bottling or

packaging products, thus making PDA guilty of an illegal seizure.

At a time when millions of people all over the world are starving, PDA has

no qualms about throwing away perfectly good and nutritious food-the cheese

was carried away in an unrefrigerated truck. According to the PDA website

highlighting PDA's Blueprint for Hunger, " nearly 1.2 million Pennsylvanians,

almost 10% of our population, live in households at risk for hunger and

about 335,000, almost 3% of all households, have someone who has experienced

hunger. " The dumping of Mark Nolt's cheese in the face of widespread hunger

in the state of Pennsylvania can only be described as obscene.

Even the legality of the product seizure can be called into question.

According to PDA's Guidance Document (3/20/08, " Permits Allowing the Sale of

Raw Milk for Human Consumption " ), the department can seize raw milk,

" Whenever, in the opinion of the Secretary of the Department, a given supply

of raw milk or illegally produced raw milk products is considered unsafe or

a menace to public health, the secretary may seize, condemn, denature, or

destroy the milk or milk products, without compensation to the owner of the

milk or milk products. " In the affidavit submitted in his application for a

search warrant against Nolt, Chirdon made no allegation that the milk was

unsafe. No one from PDA has provided evidence that Nolt's milk was a danger

to the public. NO ILLNESSES HAVE BEEN REPORTED from the consumption of Mark

Nolt's cheese.

In an appearance April 30 before a magistrate at the Newville Magisterial

District Court, Mark Nolt was informed by the judge that he was facing two

additional charges for selling raw milk without a permit. A trial has been

scheduled for Monday, June 3 in Newville.

Nolt refused to enter a plea to the charges claiming he was in court under

duress and that he was not subject to the court's jurisdiction. The court

entered a plea of " not guilty " on his behalf.

Nolt's May 5 trial at the Mount Holly Springs Magisterial District Court

will take place at 9:30 a.m. He is being tried in that case for five

citations of selling raw milk without a permit. A rally in support of Nolt

will be held outside the courthouse that morning.

TRIAL FOR GLEN WISE

Glen Wise has a dairy in town, Pennsylvania. He is a member of CARE

(Communities Alliance for Responsible Eco-Farming), a private milk club that

sells only to members. According to the citations he has received, he is

accused of selling " milk, milk products or manufactured dairy products " on

three separate occasions.

Apparently, PDA found out that Glen was selling raw milk without a permit at

a farmers' market last fall. Chirdon told him at that time that he needed

to fill out an application for a permit, but Glen never did. (More about

Chirdon below.) He heard nothing more from PDA until April 2 when he

received the three citations all at once. All the citations against him

were for selling at his farm store.

HARASSMENT OF PERMITTED RAW MILK FARMERS

While PDA insists that all raw milk farmers must have permits, the agency is

making it very difficult for those farmers who already have permits or wish

to obtain them. Its scheme is to use inappropriate testing techniques that

give false positives, then suspend permits and issue inflammatory press

releases, in what appears to be an effort to stem the ever growing number of

raw milk permits-from just a few dozen to over 100 in the last two years. We

also have reports that PDA is now making it very difficult for farmers to

obtain new raw milk permits. The attitude is distinctly hostile, as the

following cases will demonstrate. As one farmer put it, " The raw milk permit

is just a license to be harassed. " It is important to emphasize that in

spite of PDA's reports of pathogens, NO ILLNESSES HAVE BEEN REPORTED in the

cases cited below.

1.The farm of and Elaine Duncan tested positive for Listeria

Monocytogenes on April 4 and PDA ran a press release naming the farm on

April 7. The milk sample had been taken on March 31. The Duncans sent a

sample to a private lab the week following their suspension and that came

back positive as well. They have not sent any samples for testing since.

The PDA Guidance Document on raw milk states that the permit holder must

refrain from selling raw milk until two consecutive tests taken at least one

day apart show that the milk is pathogen free and the department approves of

the tests that were taken. It is normally the permit holder's

responsibility to send the samples to a state-approved lab for testing. The

Duncans did not receive the paperwork from PDA on the test results until

several weeks after the department issued the press release about the farm's

positive listeria test.

2. On April 4, PDA told Arnold and Esther Diller of Piney Ridge Farm in

Western Pennsylvania that their raw milk sales were being suspended because

their milk tested positive for listeria. Arnold Diller subsequently sent out

a sample to an independent lab, which came back negative (the same thing

happened last year). As a condition for resuming sales on their farm, their

inspector gave them a list of things to be done for reinspection. After

repeatedly being unable to clean a piece of milking equipment to the

satisfaction of the inspector, the Dillers turned in their license to PDA.

Esther Diller said that she wished they had never obtained the license.

Not long after their sales were suspended, the Dillers were told by a state

employee from burg that if they voluntarily gave up their raw milk

license, their problems with the state would be all cleared up. There is a

State Representative who got raw milk from the Dillers. The night before

PDA issued the press release about the Dillers' positive test for listeria,

PDA faxed a copy of the press release to that representative. It seemed

like an attempt to discourage the representative from remaining a customer.

The Dillers also had some of their customers picking up milk at a local

health food store. Shortly before the positive listeria tests in both 2007

and 2008, a Pennsylvania food and safety inspector witnessed the raw milk in

a walk-in cooler and voiced disapproval even though there is no law

prohibiting what was being done. We have no proof that this was related to

the positive listeria test, but it does seem that PDA wanted the Dillers out

of the raw milk business. Many people who depended on them for raw milk are

now without a supplier. (There are very few permitted raw milk farmers in

Western Pennsylvania.)

3. On Monday, April 21 a preliminary test for permit holder Norman Sauder

came up positive for salmonella. The inspector had told him that even though

he was not due for his next test until December, he was being asked to move

it up to April. Norman sent a sample to the US Food & Dairy lab and it also

came back positive for salmonella. On April 28, PDA issued a press release

stating that anyone who purchased milk from Sauder after March 31 should

discard it immediately. To this date Sauder has still not been directly

informed by PDA whether the final test results for salmonella were positive.

He said his coliform counts all winter had been slightly elevated--sometimes

150. After he asked the inspector whether it was possible for a sample to be

contaminated between his farm and the lab, his coliform count came back at

10 for the next four inspections. Sauder believes that sampling tools or

lab equipment could be playing a role in the slightly elevated counts. He

suspects that he is not getting accurate tests.

4. The Amos B. King Dairy in Blain sells most of its milk to Dairy Farmers

of America for processing but distributes about 30 gallons of raw milk a

week to his own customers. Amos' milk was tested on April 14 and the results

came back positive for campylobacter on Friday April 18. After cleaning his

equipment, Amos asked for a reinspection to be scheduled for April 21 or 22.

Even though PDA told him that shouldn't be a problem, the inspector did not

arrive until April 28. Meanwhile, the news of his positive test for

campylobacter hit the press. Amos estimates he will not be cleared to

resume raw milk sales before May 10 at the earliest.

5. The most egregious example of biased PDA policy involves the Beulah Land

Jersey Farm, owned by Dennis and Joanne Wenger. The Wengers sell milk for

pasteurization to Dairylea and also have a raw milk permit. On April 8,

both US Dairy (a state-approved independent lab) and PDA took samples from

the bulk tank. The next day, the milk hauler for Dairylea picked up milk.

On April 11, PDA informed the Wengers that their test was " presumptive

positive " for listeria and requested they discontinue selling raw milk.

Additionally, the PDA test results showed a somatic cell count (SCC) of over

one million. On April 14, the PDA called to say that the test had confirmed

" positive " for listeria and that they would have to discontinue raw milk

sales. By this time the Wengers had received the results from both US Dairy

and Dairylea showing SCC under 200,000. The Wengers faxed copies of these

test results to PDA.

On April 15, 16 and 17 MicroBac (another state-approved independent lab)

came to the farm to take samples from the bulk tank for listeria testing. On

April 16, Dennis called Senators Mike Brubaker and Mike Folmer to inform

them about the large discrepancy in somatic cell counts between PDA's test

results and those of US Dairy and Dairylea. Later that day, Dennis

received a call from Bill Chirdon of PDA. After some discussion, Chirdon

offered to retest the Beulah Land Jersey Farm milk. The next day, on April

17, the state came to take samples (the SCC test results for this sample

were considerably lower than the first PDA test but still much higher than

those obtained by the other two labs).

On Saturday, April 19, the Wengers received the test results from the first

sample taken by MicroBac-negative for listeria. On the following Monday,

the state lab made a highly unusual call to MicroBac to find out the results

of the Wenger's samples. MicroBac refused to release the information

without the Wenger's consent. The state then called the Wengers to inform

them that their sample was negative. This was followed by a call from

MicroBac saying that the second and third samples had also tested negative.

PDA reinstated the Wenger's raw milk permit on April 22.

This incident creates the strong suspicion that PDA is not being honest

about their test results, or that their testing techniques are not accurate

and are giving false positives. In fact, this incident and the others above

create a strong suspicion that the PDA is not taking milk samples properly

and may even be tampering with them. Dennis has demanded an apology from

PDA for its actions.

ABOUT PDA'S TESTING PROCEDURES

PDA uses the same testing methods for raw and pasteurized milk. They get

preliminary results using the VIDAS 30 rapid testing system. If the

preliminary results are positive, such as for listeria, the agency then uses

a culturing technique intended to suppress the growth of anything in the

culture other than listeria. This is a fair test if the milk is pasteurized

because pasteurized milk is a dead food with no good bacteria to out-compete

pathogens. Australian Microbiologist Ron Hull, PhD, has carried out tests

showing that in raw milk, the threat of listeria goes away with time because

good bacteria gradually increase and eventually render listeria harmless.

Raw milk is not the same product as pasteurized milk; so it is neither fair

nor good science to use the same testing protocol for raw and pasteurized

milk.

Comparing raw milk to pasteurized milk is comparing a fresh product with a

cooked product. For this reason there should be zero tolerance for

pasteurized milk but not for raw milk, because raw milk contains good

bacteria present to overwhelm any listeria present. What's needed are

studies to quantify how high the infectious dose would have to be before it

would cause illness in humans that consume the product. USDA publishes a

universal infectious dose for a particular pathogen even though they

acknowledge that it is unlikely to be the same in all foods. The agency has

never conducted studies to determine what the infectious dose for pathogens

would be in fresh raw milk intended for human consumption.

The current zero tolerance standard for listeria in raw milk is not

appropriate because, as the experience in Pennsylvania has shown, people are

consuming raw milk that has tested positive for listeria and are not getting

sick. As the press releases in these cases admit, " NO ILLNESSES HAVE BEEN

REPORTED . . . . " The standard is causing economic hardship for raw milk

producers and supply interruptions for consumers. The fact that PDA did not

until recently pull raw milk when the first test was positive shows a

fundamental acceptance of this concept-that the tolerance levels for

listeria and other pathogens in raw milk is not zero.

Furthermore, state regulators are operating under the mistaken belief that

milk right out of the teat is sterile so that all bacteria found in milk

comes from environmental contamination. We now know that raw milk-in humans

as well as animals-contains bacteria from the milk ducts and surfaces of the

teat, so these bacteria are a natural and beneficial component of the milk

and not a result of contamination. (The exception is milk from a cow with

mastitis, which is an infection in the udder itself.) The regulators' goal

of getting rid of all bacteria is hazardous to human health because bacteria

aids in digestion and immunity; and good bacteria are needed to protect

against pathogenic bacteria.

Current research has produced enough evidence that the Pennsylvania

Legislature should be convinced that raw milk and pasteurized milk are two

different products requiring different testing and safety standards for

each. The two should not be treated the same in terms of regulatory policy.

THE BILL CHIRDON ERA

The hostile attitude against raw milk farmers began when Bill Chirdon took

over as Director of PDA's Bureau of Food Safety and Laboratory Services in

the fall of 2006. Chirdon formerly worked five years as a plant manager for

Dean Foods, one of the nation's largest industrial dairy companies, and 20

years as a plant manager for Hershey. Obviously he is totally unqualified to

be in charge of raw milk regulation. With his industry background, he has

absolutely no understanding of raw milk nor sympathy for the position of raw

milk farmers and consumers.

Before Chirdon took over, PDA would not suspend a farm's sales of raw milk

for pathogens until there had been two positive tests. Now PDA is

suspending sales and issuing harmful press releases after one positive test.

Before Chirdon, PDA viewed labor contracts between raw milk licensees and

consumers as legal. Under the labor contracts, the farmer would process the

raw milk the consumer had purchased into other dairy products such as cream,

butter, yogurt or kefir. Under Chirdon, PDA considers the labor contracts

illegal.

PDA used to test raw milk licensees once a year for pathogens. Now it tests

twice.

Since Chirdon, it has become standard practice for undercover PDA employees

to buy from unlicensed dairy producers in an effort to trap farmers into

getting cited for selling raw milk without a permit. PDA employees made at

least eight purchases from Mark Nolt and another three from Glen Wise. (It

is important to remind CARE farmers not to sell to any customers unless they

show their membership cards; and it is noteworthy that PDA has not tried to

stop private milk club arrangements such as CARE in over a year now.)

During Chirdon's tenure, PDA has issued press releases when farms tested

positive for pathogens even though in almost all cases NO ILLNESSES HAVE

BEEN REPORTED. (PDA asserts that some people got sick consuming milk from

one dairy in 2007, although the dairy does not know of any customers that

got sick.)

In March of this year Fisher's Dairy in Porterville tested positive for

salmonella. Because of that positive test at that one farm, Chirdon

required that all licensed dairies in the state send in raw milk samples.

Since the statewide testing began, five other farms have had their raw milk

sales suspended (three for listeria, one for campylobacter and one for

salmonella),

Farmers seeking new raw milk permits are now reporting that the PDA is using

pathogen testing to hinder and revoke raw milk permits. Of interest is the

fact that there is not one reference to pathogen testing in the Milk

Sanitation Law or the Pennsylvania Code, which PDA acknowledges supersedes

their Raw Milk Permit Guidelines. PDA recently and arbitrarily changed the

guidelines, requiring more pathogen tests and making it more difficult to

obtain a permit. The authority of PDA to dictate the guidelines needs to be

challenged.

ACTION TO TAKE - PENNSYLVANIA RESIDENTS

We can use this situation to accomplish a huge victory for raw milk if we

ALL work together in creating a huge public outcry!

We are asking all Pennsylvania residents concerned about raw milk and farm

freedom to set aside one quiet hour on Saturday May 3. Use this hour to

compose a letter that you will send by regular mail to your state senator,

state representative, the heads of the senate and house agriculture

committees, Mr. Dennis Wolff, Secretary of Agriculture, and Governor

Rendell. A letter sent by regular mail carries much more clout than an email

or fax, and now is the time to make our voices heard.

We then ask that you mail your six letters on Monday morning, May 5.

(Optionally, you may also send your letters to local media.) We want our

elected officials to receive an avalanche of mail on this subject on Raw

Milk D-Day, May 6.

In your own words, write a brief testimonial about how raw milk has

benefitted you and your family and then request the following:

1. The resignation of Bill Chirdon and his replacement with someone who is

knowledgeable about the science and health benefits of raw milk. We must

send a strong message to the other states that raw milk consumers will not

tolerate department of agriculture hostility and bias against raw milk.

2. That PDA immediately return to their pre-Chirdon testing and permitting

policies and cease the strong-arm tactics against Pennsylvania raw milk

farmers.

3. That the Pennsylvania legislature hold hearings and immediately pass

legislation allowing an exemption from licensing and regulation for farmers

selling raw milk and raw milk products direct to consumers, whether it be at

the farm, through delivery or at farmers' markets. (Farmers selling raw milk

through stores could be subject to the pre-Chirdon testing and permitting

policies.)

4. That PDA drop all charges against Mark Nolt and Glenn Wise or suspend

charges pending hearings before the legislature regarding an exemption from

licensing and regulation for raw milk producers selling direct to consumers.

5. That PDA immediately return all supplies and equipment seized from Mark

Nolt's farm on April 25 (much of the equipment is old so the parts PDA took

are not replaceable) and compensate him for the theft of his cheese.

For names and addresses of your state senators and representatives, go to

http://www.legis.state.pa.us/index.cfm, where you can search your elected

officials by zip code and county.

Ag & Rural Affairs - Senate Chairman

Hon. W. Brubaker

Chairman, Ag & Rural Affairs

Senate Box 203036

burg, PA 17120-3036

Ag & Rural Affairs - House Chairman

Hon. K. Hanna

Chairman, Ag & Rural Affairs

302 Main Capitol Building

PO Box 202076

burg, PA 17120-2076

Mr. Dennis C. Wolff

Secretary, Department of Agriculture

2301 N. Cameron St.

burg, PA 17110

Governor G. Rendell

225 Main Capitol Building

burg, PA 17120

ACTION TO TAKE - NON-PENNSYLVANIA RESIDENTS

Please also spend one quiet hour on Saturday May 5 composing your letter

along the guidelines given above. On May 6, Raw Milk D-Day, email or fax

your letter to the following:

Ag & Rural Affairs - Senate Chairman

Hon. W. Brubaker

Chairman, Ag & Rural Affairs

mbrubaker@...

FAX:

Ag & Rural Affairs - House Chairman

Hon. K. Hanna

Chairman, Ag & Rural Affairs

mhanna@...

(717)772-2283

FAX:

Governor G. Rendell

Phone:

Fax:

http://sites.state.pa.us/PA_Exec/Governor/govmail.html

Secretary Dennis Wolff

Phone:

Fax:

DWOLFF@...

EXTRA CREDIT FOR RESIDENTS AND NON-RESIDENTS OF PENNSYLVANIA

Fax and email your letter to all the members of the Agriculture and Rural

Affairs committees

SENATE COMMITTEE

Chairman, Hon. Brubaker mbrubaker@... FAX:(717)

783-3156

Waugh mwaugh@... FAX:

O'Pake opake@...( FAX:

ph Scarnati jscarnati@... FAX:

Eichelberger jeichelberger@... FAX:

(717)783-5192

Mike Folmer mfolmer@... 717) 787-5708 FAX:

Madigan rmadigan@... FAX:

Terry Punt tpunt@... FAX:

Shirley Kitchen kitchen@... FAX:

Logan slogan@... FAX:

Wozniak wozniak@... FAX:

HOUSE COMMITTEE

Honorable Hanna, Chairman mhanna@... (717)772-2283 FAX:

Haluska hhaluska@... FAX: (717)783-7548

Mike Carroll mcarroll@... FAX:

Mark Cohen mcoen@... FAX:

H. Conklin sconklin@... FAX:

Daley pdaley@... FAX:

Grucela rgrucela@... FAX:

Harold hjames@... FAX:

Babette phs bjosephs@... FAX:

Tim Mahoney tmahoney@... FAX:

Myers jmyers@... FAX:

Louis Oliver foliver@..., arucker@...

FAX:

J. Solobay tsolobay@... FAX:

Tom Yewcic tyewcic@... FAX:

Rosita C. ryoungbl@... FAX:

Art Hershey ahershey@... FAX:

Bob Bastian bbastian@... FAX:

Mike Fleck mfleck@... FAX:

Boback kboback@... FAX:

Michele mbrooks@... FAX:

Jim jcox@... FAX:

Gordon Denlinger gdenling@... FAX:

S. Hickernell dhickern@... FAX: (717)

705-1946

Rob Kauffman rkauffma@... FAX:

Mark Keller mkeller@... FAX:

Millard dmillard@... FAX:

Dan Moul dmoul@... FAX: Fax:

Tina Pickett tpickett@... FAX:

OTHER EVENTS - WE NEED YOU THERE!

May 5: Hearing and Rally for Mark Nolt

9:30 am

229 Mill Street

Mount Holly, Pennsylvania 17065

May 6: Trial of Glen Wise

Magisterial District Court

920 South Spruce Street

town, Pennsylvania

WRITE A LETTER AND WRITE A CHECK!

To support the Nolts in this time of hardship, you may send donations

directly to

Mark and ann Nolt

P.O. Box 136

Blain, Pennsylvania 17006

The Farm-to-Consumer Foundation provides compassionate relief funds to

farmers who have endured a farm raid or other urgent financial hardship

related to their direct-to-consumer sales. Donations to the

Farm-to-Consumer Foundation are tax-deductible to the full extent of the

law.

ONLINE:

http://www.ptfassociates.com/secure/ftcldf/donation_form_compassion.asp

BY PHONE: 703-208-FARM (3276) (10 a.m. - 6:00 p.m. EST)

BY MAIL: Check payable to FTCF - Compassionate Relief Fund, 8116

Arlington Blvd., #263, Falls Church, VA 22042.

PLEASE JOIN ME!

I will be composing my own letters on Saturday, May 5. Please join me in

this sacred act of communication, support and activism.

Sincerely,

Sally Fallon, President

The Weston A. Price Foundation

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