Dairy Seeks Closure in Raw Milk Debate Photo providedBarb and Steve Smith and friends are producing raw milk for the Meadowsweet Limited Liability Corporation.
It’s been exactly three years since Barb and Steven Smith of Meadowsweet Farm (http://meadowsweetfarm.com/) in Lodi got out of the yogurt business and started distributing raw milk through their LLC. Supplying milk to around 100 households, with a constant waiting list, their business model has been economically successful, but legally, not so much.
The U.S. Department of Agriculture (USDA) takes a very negative view of raw milk, citing health concerns. Although many people find that raw milk doesn’t have the same negative health impacts that pasteurized does, the possibility of food poisoning from raw milk and raw milk products is higher than with pasteurized milk. Food poisoning can end in organ failure or death in vulnerable individuals.
The USDA has charged the Smiths with a number of violations, and the last hearing for their current LLC is coming up this year. Meadowsweet argues that they are not selling milk to the public, they are caretakers of some cows for the Limited Liability Corporation known as Meadowsweet Farm, owned by the members.
They and their lawyer, Gary Cox of the Farm to Consumer Foundation, contend that this arrangement is no different than that between a gentleman farmer and his herd manager, who can provide raw milk to his employer’s table without fear of the USDA coming after him. This argument was dealt a blow in a March 12 ruling, when the Appellate Division of the state Supreme Court stated that the Department of Agriculture and Markets has jurisdiction over all milk in the state and that anyone who “makes milk available to a consumer” must have a permit from the department. The Smiths are appealing this ruling as well, but their legal avenues are running out.
In addition, the Smiths have had other legal troubles with the USDA over intrusive searches and seizures, and how and what sort of warrants can be used. Those legal battles are also likely to be resolved this year. Meanwhile, the Smiths want to raise public awareness, and maybe get some turnout for their court appearances, when they are finally scheduled.
Economically speaking, the Smiths haven’t figured out the costs and benefits of their milk business, in part, as Steven says, because there are “intangible benefits” that can’t be expressed in dollars. A herd the size of the Smiths’ is usually more of a hobby than a business, but Steven figures they clear about $25,000 a year, with between four and six hours of work a day, depending on the season. “We aren’t doing this for the money. We are doing this to set a model for a sustainable local food system,” says Barb.
The model certainly is sustainable. The cows are fed very little grain, just enough to supplement the hay in the winter, and to lure them into the barn for milking during the summer. When the Smiths arrived at their farm the pastures were solid goldenrod, with an understory of moss, the surest sign of a depleted, waterlogged clay soil. “I thought we needed to at least harrow-plow, but Steven was dead set against it” says Barb.With what she characterizes as equal parts laziness and cheapness, the Smiths put their cows and sheep out to graze. With each year, the golden rod retreated, while volunteers of red clover and various grasses moved in. “Rotational grazing was a radical idea in those days, but it proved perfect. Even the drainage problems went away as biomass increased,” Barb says.
The life of the modern dairy cow is usually short and bitter, rarely lasting more than five years and characterized by bouts of mastitis, stress and boredom. Barbara figures the oldest cow in their 42-animal herd is 15. Seven are milking cows, five of which are milked for the LLC. The rest of the herd are youngsters, bred heifers that will be milked after they have their first calf or calves being raised to sell as steers.
The cruelest irony is that these most maternal of animals are usually separated from their calves within a couple days of birth. At Meadowsweet, all cows remain with their calves. “It took a few years for us to figure out the system, because cows won’t let down their milk for you if they have a calf, but now we separate the calves at night. In the morning, the udders are so full that we can get a good milking, and then reunite everyone on pasture,” Barb explains.
Whatever the outcome of the Meadowsweet court case, one thing is clear: the controversy over raw milk will continue to attract passionate debate from both sides.
