UPDATE on PA and CALL FOR HELP!

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UPDATE and call for HELP!Please help! If you believe the government does NOT have the right to tell you what you can eat, please take a little time to write a letter. If everyone who reads this will do this, WE CAN MAKE THE DIFFERENCE!!!!

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:

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:

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.