POLITICS Mark McAfee and OPDC Face Off with FDA on Plea Deal

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To Read the full story...go here.

..http://www.thecompletepatient.com/journal/2009/1/10/mark-mcafee-and-opdc-face-o\

ff-with-fda-on-plea-dealyou-wont.html

To Do something about it.....go here

http://www.change.org/ideas/view/legalize_milk

Mark McAfee and OPDC Face Off with FDA on Plea Deal-You Won't Believe

FDA's Terms on Raw Milk for Animals Friday, January 9, 2009 at 09:34PM

Mark McAfee of Organic Pastures Dairy Co. has been pretty upfront about

what he thinks of the U.S. Food and Drug Administration.

Earlier today, during a 45-minute hearing in front of a federal

magistrate in Fresno, CA, Mark got a sense of what the FDA thinks of

him. No big surprise, but the agency doesn't seem to care much for him,

either. But in expressing its dislike, the FDA also provided a taste of

what a system of federal regulation of interstate shipment of raw milk

distribution could be like. Think Big Brother, big time.

The hearing was held to finalize a plea agreement growing out of a

federal indictment last year of OPDC and Mark for selling raw milk,

labeled as pet food, to out-of-state customers. As part of the

agreement, OPDC pleaded guilty to shipping two half gallons of raw milk

to FDA investigators, while Mark pleaded innocent. OPDC agreed to

discontinue selling raw dairy products outside California for the next

two years.

If OPDC violates the agreement? The FDA requested and the judge agreed

that Mark could be jailed for up to a year and fined up to $250,000.

However, the FDA did agree to allow OPDC to continue shipping raw milk

to certain animal facilities, like zoos. But the agency's proposed terms

are so restrictive as to be nearly laughable. OPDC's lawyer, of

the Farm-to-Consumer Legal Defense Fund, will seek to get them changed.

But in the meantime, the FDA's terms, according to documents provided by

OPDC, allow for the following:

--OPDC can " only ship raw milk and raw milk products to end use animal

facilities, " including zoos, research labs, and veterinary practices;

-- " The veterinary health professional or animal caretaker must have a

legitimate provider/client-patient relationship with the animal to which

the product is to be fed. "

--Prior to shipping any milk, OPDC must provide to the FDA's San

Francisco office assorted information about the recipient, including the

" identity of each animal to which the raw milk or milk products will be

fed and a declaration that the consignee has a legitimate

provider/client-patient relationship with the animal to which the

product is to be fed. "

--Milk recipients must " keep records of all use and disposition of raw

milk and raw milk products received from OPDC. "

--Recipients must " destroy or return to OPDC any unused product...(and)

provide OPDC with documented accounting of all quantities destroyed

within 15 days of destruction... "

And penalties for violating any of these rules are attention-grabbing:

up to five years imprisonment, or a fine up to $250,000, or both.

For now, Mark is halting all sales to out-of-state animal facilities.

" It could take weeks for every order to just be approved, " he says,

never mind all the other technicalities. He points out that some of the

animal facilities are in areas where raw milk is difficult to obtain,

and they depend on his shipments to feed to young animals.

But it's hard to imagine a zoo manager purchasing milk under such

circumstances-having to keep records of all milk fed to animals, and

risking a fine or imprisonment for a screwup.

Is this a possible taste of what federal regulation of interstate

shipments of raw milk could be like in the future? Raw milk would be

something like a controlled drug.

> From " The Complete Patient " January 9 2009

***The Following comment /blog is by Mark McAfee Himself. Go to the site

to read other comments or better yet give Mark Support.

Farewell TCP...this will be my last post for the next few months.

I have been asked to stay out off the Blogs for a while and let others

do the public fighting.

The FDA is very very serious about making me into an example. I simply

will not be used by the FDA for target practice...instead... I will be

placing 110% of my energy into Californias 37 million people and turning

up the heat on raw milk right here at home. This blog is a favorite

place for the FDA to gather intellengence on raw milk so be conscious of

that.

After standing in front of the federal magistrate ( she was fair and

very understanding and said repeatedly how " UNIQUE " this case was )

today with my hero and being preached and quoted the raw milk

riot act by the hired guns from the DOJ and the FDA...I have no interest

in directing OPDC from a federal prison cell and paying a $250 k fine

and giving the FDA any satisfaction of finding me in violation of law or

their regs or our agreement to settle the CFR 1240.61 matters.

I will be cheering-you-on as a reader for now.... as I work from inside

CA to change the rules and regs with our " FDA Citizens Petition " and by

building the Raw Milk market to the tipping point. For now not one drop

of OPDC raw milk gets shipped out of state for any reason ( at least

until we can negotiate a deal with the FDA that is fair and works )....I

do not care if Obama orders it for himself. If he wants raw milk he can

graze a cow on the White House lawn like the Queen of England at

Buckingham palace, send the Secret Service to see the Amish, change CFR

1240.61 and or fire Sheehan or better yet...do all of the above.

My wife Blaine has made it perfectly clear that she loves me at home and

not in jail.

My greatest hopes for change and health. That is all for now....

Mark McAfee January 10, 2009 | Mark McAfee