Raw Milk No Longer Legal in Ontario – History of Canadian Dairy and a Global Perspective
I’m hoping that the following article might motivate people to share the story, add to the discussion and respectful debate. I’m not asking you to agree with me – but am hoping that we can put all of the collective information on the table to share in an open dialogue to make sense of dairy in Canada, the US and many other places in the world. The article is specifically about RAW Milk in Ontario but you’ll see that the issue (and confusion) is far broader. The facts presented here are, to the best of my ability, factually correct and open to feedback.
I am not a scientist. I do not regularly consume raw milk (although I do remember fresh cream on blueberries as a child) and I’m not sure I would if I could. I don’t know the detailed risks and I’m not recommending that you should or shouldn’t consume it.
I am, however, very passionate that we should each have the opportunity to do our own research and make up our own minds and have the choice.
Before looking at the history, let us acknowledge that the reason raw milk is banned is because of the potential to make people sick with nasty things like Listeria. Let us also consider:
- 17 U.S. States allow the sale of raw milk
- Provinces across this country allowed it until the early 1990s
- Raw milk is considered the highest standard of milk in France
- Raw milk is commonly sold in Germany
- The regulations of the European Union declare milk safe for human consumption
- Cigarettes, which surely cause significant health problems are legal in Ontario
- It is legal, in Ontario, for a farmer to drink their own milk and feed it to their families (this point becomes important further in the article).
- Multiple recalls of mass-produced meat, veggies and fruit are now commonly accepted (through the process of normalized crises) across the planet. Common threats are lysteria and e. coli (the same threat that keeps raw milk off the shelf here).
- Pasteurization was invented in 1862 – certainly milk was drunk before that time.
A quick history of raw milk in Ontario:
- The Dairy Farmers of Canada was founded in 1934 (as the Canadian Dairy Farmer’s Federation). The mandate was to ‘pursue market stability policies and ensure fairer prices for producers.’
- Raw milk was banned for sale in Ontario in 1938 – pasteurization became a requirement to ‘boost confidence’ in milk.
- In the late 1950s and early 1960s, milk sales were made from individual farms to many different fractured milk producers.
- The Milk Act was passed in 1965 which created the Ontario Milk Marketing Board (OMMB). The Milk act made requirements for farmers to sell their milk to the Marketing Board (passage 37; “requiring any person who produces a regulated product to offer to sell and to sell the regulated product to or through the marketing board constituted to administer the plan under which the regulated product is regulated”)
- In 1987, Ontario (via Germany) farmer Michael Schmidt purchases 12 heritage cattle (Canadiennes) from a Québécois farmer. He is frustrated with ‘modern’ methods and wishes to use biodynamic farming principles he learned and practiced in Germany since the 1970s (the entire article is here). His beliefs include a high value for raw milk. (The entire story of the Schmidt’s is ongoing but a comprehensive catch-up can be found here).
- In 1991, RAW milk was officially banned for sale under Food and Drug Regulations.
- 1992, Farmer Schmidt’s sales of raw milk have increased enough to create a small store on the property.
- 1994 the Canadian Broadcasting Corporation films a feature highlighting the farm and raw milk. Police raids hit the farm 2 days before the piece hits television. Various raids and legal proceedings continue from then through the present.
- The OOMB changed it’s name and structure (absorbing the milk and cream bodies into one) called the Dairy Farmers of Ontario in 1995
- In January of 2010, a stunning reversal of fortune occurs: a Newmarket, Ontario court rules in Farmer Schmidt’s favour – he had been selling cow-shares where people could buy a significant percentage of the cow (therefore being able to consume milk from the cow they own). I understand he sold 25% shares in each cow. People could not resell the product and it was not available to the mass public. He had 150 shareholders in total.
- The Milk Act continues to be revised; the most recent version is from 2010 (here) – likely to accommodate though I am not certain.
- September 28, 2011. A higher level of court overturns the Newmarket finding – Raw Milk is once again outlawed and the only possible client to sell it to is the Dairy Board.
It is not without irony that on the same day that raw milk is banned for safety reasons that we have also experienced a recall of mass-produced meat in 6 provinces. The fear? Listeria.
Isn’t it time to ask why? Perhaps it’s time to examine the role of the gatekeepers who are there to remove ‘inequities’ in the system yet we have a system with a single buyer that lacks the competitive checks and balances of an open market.
Why doesn’t the system doesn’t allow for competitive advantage for individual producers to offer an alternative product direct to consumer? Perhaps it shouldn’t be on the free market – but what is the cost to stop this from happening? Who is benefitting? What is the real risk level of a product that was consumed in its raw form for thousands of years before 1862?
Comments
As a child we had raw milk, that was 70 years ago. I remember when I was six daddy brought home the first store bought milk. I was a skinny kid and the dr’s wanted me to drink milk, shakes, ice cream to try and fatten me up. They did not know about food allergies. The boughten milk was so slick and slimmy. After drinking it I would have to lay on the floor and touch something cold. Sometimes I would start to walk across the floor and pass out. After I was grown and had kids one of the boys loved milk. He would come home from school with terrible headaches and had pneumonia 5 times before he was six. Then we fooung out that he was allergic to milk. We found a farmer that would sell us fresh milk and he was ok and I could also drink it. Then we got goats and no problem with milk. They do not carry diseases we were told. A few years back we were eating in a Mexican restaurant and I got a wet buritto. Then I saw they had fried ice cream. I had never eaten it. It was so good that I just kept eating it. I looked at my husband and said I did not feel so good. He caught me as I fell off the chair and laid me on the floor. They wanted to call an ambulance, but I told them no it only lasts a little while. The restaurant was full of people. My family dr. then told me that I could have stopped breathing at any time. The pasteurization changes the protein into something that I am allergic to. It affects my respiratory system. I know that I am not the only one that is allergic to milk and bills like this are taking my freedom to choose away. Right now in my area they are taking cantalopes off the shelves cause some people have died of listeria. Awhile back it was spinach, sometimes meat and I know of lettuce being contaminated.
The raw milk issue is very frustrating. Everything I’ve read on sites such as www. mercola.com offers proof that raw milk, as long as the cows are healthy, contains beneficial enzymes and is far superior to pasteurized milk in terms of its ability to offer nutrition and maintain health. Why am I denied the basic freedom to purchase and consume this product? It’s not healthy? Strangely, I can skip to the corner store, and purchase a package of cigarettes … definitely detrimental to my health, and perfectly legal. No early morning raids on tobacco producers that I’ve heard of.
There’s an issue of human freedom involved, in that one of the most basic freedoms is the right to eat and drink what you choose. In the US, Ron Paul is fighting the laws against raw milk on this basis.
But there’s also the falseness and pecuniary motivation of it all. If you google Dr. Shiv Chopra, you’ll find that he is the man who protected the Canadian public from BGH (Bovine Growth Hormone) when he refused to approve it for application in Canadian dairies as its safety had not been proven. His reward? He was fired on the grounds of insubordination. Here’s a link for anyone interested:
http://www.consumerhealth.org/articles/display.cfm?ID=19991128221446
BGH had only one 90 day study on 30 mice before it was nearly forced on the Canadian public, and it is still in use in the US. It’s not surprising that the company attempting to foist BGH on us, using financial bribery on Health Canada, was Monsanto.
I would dearly love to purchase raw milk from a farmer near my home, just as I currently buy all of my fruits and veg, and all of my humanely raised meat, from small, local producers. But the Canadian government doesn’t allow it. Very frustrating.
This seems to be a popular debate right now. I live in Pennsylvania, USA where farmer can still (for now) apply for a license to sell raw milk directly to a consumer. I currently buy raw milk. I drink raw milk. I make cheese with raw milk. I feed raw milk to my children. DO I believe that raw milk is the miracle liquid and should be mass shipped throughout America and beyond? OF course not. Each person should be able to make the choice as to what they believe is healthiest for their family. I choose raw milk straight from a clean, regularly tested farm for the same reason we eat almost exclusively from our pantry of home-canned and frozen local products all winter: I want to know and control what goes into my body and the body of my children. What is encouraging about the debate is that, regardless of the sid ethat you choose, it feels like more people are make conscious decisions about what they are consuming, which is a VAST improvement over the colorless, flavorless automatic food eating of recent years. What is discouraging is that the freedom of choice seems to be shrinking to only include those commercially offered products that are “controllable” and profitable. While I wouldn’t ever force anyone to consume anything against their will (I am not, after-all, profiting from either side), surely adults with the interest in searching (and it’s not easy to find) and the knowledge of the risks and benefits should have the choice.
I don’t really care either way about the raw milk issue. My problem is the hundreds of thousands of dollars worth of hoops I’d have to jump through in order to sell our extra milk. Here in Nova Scotia, the small farm milk market is underground so I just feed it to the pigs.
Greenthumb, the cost is a great point as well. It’s a similar market here and I suspect much the same approach is used (though when I worked on a pig farm we used spoiled milk that must have been extra beyond quota – was too young to understand it at the time).
There is a way around it: Market the milk as BATH MILK FIT FOR HUMAN CONSUMPTION. There’s no laws governing the sale of bath milk, and for thousands of years, many middle eastern cultures have used milk as a bath option to help maintain youthful skin, among other reasons. In some states in the US you can’t sell farm-produced cheese, so the farmers have decided to market their cheese as fish food, with a sticker on it that says “Fit For Human Consumption”. People need to learn to think OUTSIDE the laws some days.
Jokerkles, this is largely how it is done in Australia and the chain of thought he was following has been similar (thinking of ways around it). Not sure why the appraoch hasn’t been tried here but it’s definately worth trying if it hasn’t been.
Jokerkles
After a bit of searching, they’ve tried as you’ve suggested. Australia just fined a farmer 53 000 AUS for it and a bc farmer was charged after marking it not fit for human cOnsumption and claiming people could use it as stain… http://thebovine.wordpress.com/2011/09/01/michael-schmidts-b-c-raw-milk-farm-our-cows-searched-by-health-officials/
My fear on workarounds is that they can make things even more dangerous than needed (no visibility, traceability, or reporting)
Judging by the careful phrasing at the beginning of this post, one suspects you, Joel, expected criticism for this post. What gives?
Tata, appreciate the note – I preface most posts (like our hunting posts) that could dissolve into argument as such. I’m not so much worried about crticism as, in part, hoping there are alternate voices who will express themselves to bring a more balance view of the item than simply my own bias.
The preface is an attempt to encourage dialouge and allow for divergent views. If you look at many comment threads (i.e. including the one on the article from the Sun cited: http://www.torontosun.com/2011/09/28/court-convicts-raw-milk-farmer-on-appeal) you’ll see that online discussion often disintegrates into little more than name calling and insults which interfere with the ultimate purpose I hope to acheive here – open dialogue between members of the community.
I certainly can’t control it – and don’t want to. But I hope to influence the conversation to ensure that people feel welcome to disagree with each other and myself as long as we are civil. I hope we find differing views – both in the spirit of democracy, learnign from each other and broadening our community to those with differing views.
We see this like a conversation around the dinner table – as long as it would be safe there/ we want to encourage it here.
Tata does that help explain? Should I have written it differently – or would you omit alltogether?
It’s your blog, your work and your opinion. Your readers appreciate the depth of knowledge and experience you bring to matters culinary. You have the right to conversation when you want it and peace when that’s your preference. Do not be afraid to toss out anyone who sticks a thumb in your terrine.
That said: it’s a nice looking terrine. Is there crusty bread handy?
I’m sure you know what I mean.
laughing – Tata, you rock. Awesome analogy.
To be clear, on occasion we do throw out the odd thumb sticker. It’s been my experience with a small preface we tend to not have to.
I’m baking bread this weekend – most excited! You’re welcome to some of it!
J
I think that part of the problem is that a large amount of consumers don’t want to do research and make decisions on whether a product is safe or not. They want somebody else to do it for them and regulation of these items can vary greatly depending on many factors. We have lost the ability to make decisions for ourselves. Maybe this suits some people but for others it becomes an obstacle to overcome. It deeply saddens me that everything in life has become so regulated and for the loss of common sense.
You hit the nail on the head!! And this applies to many issues, not just raw milk. People simply do not think for themselves. I mean, come on, the government is so willing to do it for us, so why not?!? Frees up alot of time for us, right? It is very scary how people so eagerly follow along like blind sheep. Again, you are SO right on Christine!
What bothers me about this situation is that he was taking advantage of a legal loophole, and was treated like some sort of hardened criminal. What about all the big corporations (I’m looking at you Maple Leaf) that skirt or outright defy food safety laws, and suffer no consequences.
I hope that the Ontario government gets their heads screwed on straight, and realize that raw milk CAN be safe, when it is produced in a careful and sanitary manner.
[...] Here is a really great post about raw milk in Ontario from the blog Well Preserved. [...]
I had someone 30 years ago tell me that I would die from drinking raw milk. I am still here and he has been dead for years. I knew a little girl that got a tumor in her ovary at the age of 8 that was the size of an orange. They told the family it was caused by the growth hormones fed to animals. As far as I know they are still feeding it to animals. I also hear that the super diaries are going bankrupt. The small farm dairies were bought out to be replaced by the super dairy. That gave the gov. more control on the food supply. The average family does not know what is going on with their food. Look at all the people that got sick on eggs coming from a big egg farm. homegrown eggs are still the best.
Here in Virginia cow shares are the common way to buy raw milk. We looked into it but chose not to participate because (a) the initial price of a share gave us sticker shock even though the amount of milk was (b) way more than two people could ever use no matter how much cheese, ice cream, butter custard, pudding, yogurt, etc, was made. Maybe when our sons were living at home drinking over a gallon a day between them we could have used it all.
Another small farmer tried giving away milk at our farmers market. An unspoken donation for the bottles was expected. I don’t think she lasted a month. There is an ongoing underground milk market in Floyd but it’s nearly as secretive as the ‘sangers are about the location of their ginseng patches.
As you may have seen in the news (http://www.huffingtonpost.com/2011/09/27/cantaloupe-listeria-outbreak-deadliest_n_984234.html) we are in the midst of a cantaloupe-carried listeria outbreak. Since folks can’t trust corporate grown cantaloupe to be listeria-free, seems the small dairyperson running a clean sanitary operation open to inspection by customers at anytime shouldn’t be penalized for providing raw milk to customers who choose to consume it.
This was a really great article. As usual, I’m amazed at the amount of information you manage to find with your obviously jam packed schedules. Some things about this issue I just cannot understand: for example, why do people get so crazy worked up about it? There is no threat of unpasteurized milk being slipped into the mainstream milk supply – why do people care if I want raw milk for myself? And, pasteurization is no big laboratory secret. If you live in an area where raw milk is legally available, there are lots of reasons that make raw milk a safer and healthier choice. 1) your milk is purchased directly from the farm so you can see for yourself how clean the milk house is. 2) your milk is not mixed with the milk of any unknown farms. 3) nothing else is added to your milk. 4) you get the cream too – in my area it’s a better value. 5) if I pasteurize my milk myself, I can do it at a lower temperature and not ruin it as is standard ultra-pasteurized milk, 6) the farmer gets what the milk is worth, instead of getting less than it costs to feed the herd and the middle man makes all the profit, 7) no extra packaging was needed.
legal raw milk is tested to higher standards of cleanliness than milk destined for pasteurization.
9) you get to know what kind of cows and what they were fed. That’s not even touching any of the hotly contested issues – just simple common sense. Our laws (I’m US, can’t speak for Canada) should really be viewed as an always moving spectrum. There was a time when doctored up swill milk was freely sold to city families. Unhealthy cows were milked to death while being fed toxic diets of used grain byproducts from the manufacture of liquor. The milk was not safe or appealing, so was doctored up with chalk and other crap to make it look fresh and white. Obviously with this sort of activity, laws were needed to protect the public. Times have changed, and now the laws no longer fit the situation. In its simplest form: I believe it is unconstitutional for the government to restrict raw milk in this manner. I’m all for full disclosure of the potential risks being required, but that should be enough. It’s a very disheartening situation here in the US and is more disappointing because a big part of the cause is that so few people care enough to wonder about food and farming. PS Sorry for the length and lack of white space – how do you folks add spaces without submitting the replies??
I have to laugh – I thought I was posting to facebook – sorry again for the long blather – this issue really gets me going.
I grew up on a dairy farm and drank raw milk until well into my teens when we sold the cows. Six or seven years ago, I would have agreed with all these comments before me.
That is, until my niece nearly died from eating cheese made with unpasteurized milk. The cheese was made at a clean family farm that we knew. The problem was with the mobile cheese-maker who came to the farm. Many of us ate the cheese that sickened my niece, and my niece, herself, only had a tiny bit, but she contracted e-coli and nearly died. She spent much of her Grade 5 year in and out of hospital.
Today, she is a diabetic and has permanent nerve damage in one of her legs causing her to limp, all because of what e-coli did to her body. Five years later, she came close to dying again. This time because of a ruptured bowel, but again a side-effect of the e-coli. That came from a little piece of cheese.
I know my niece’s case is an extreme one, but I share it with others so they are aware it can happen. I had no idea that e-coli could cause so much damage.
Sylvia,
Thank you for your comment and your plea. It is an important story and one that is worth sharing. It’s very difficult to challenge such a personal and impactful story and it is not my intent to try to change your mind nor is it to minimize the pain that your family must have experienced through your experience – but I do feel the need to respond in terms of looking at the whole picture. I am not trying to change your mind nor discount your experience but do want to ensure that the whole picture of raw milk and valuable discussions such as these continue.
I agree that there is much to consider when making the personal choice and while I’m uncertain how I would choose, I would still like to have the option. Your experience is an unfortunate and horrible example – and one that may have been avoided if it was legal and monitored. That may sound illogical but without proper regulation underground economies (like the mobile cheese producers who were unregulated for many years) may or may not provide safe handling of raw milk and also may be blamed with or without reason as there’s no way to solidly invesigate their process without regulation. Mobile cheesemakers have operated largely like an underground economy with little oversight. The dangers of raw milk are largely regarded on how it is handled and processed – an underground economy with little transperancy largely makes the risks greater by hiding the risks and the mistakes (or worse).
Consider articles like this in The Bovine which reports that a cheesemaker was falsely blamed as source of illness in 2007 (http://thebovine.wordpress.com/2008/12/07/the-story-of-the-bogus-bad-cheese-and-the-eastern-ontario-health-unit/) further supported by the Ontario Land Owner’s Association (http://www.agrinewsinteractive.com/archives/article-8682.htm). For the other side of the story, consider this C-Health article which disputes those articles: http://chealth.canoe.ca/channel_health_news_details.asp?news_id=22455&news_channel_id=1020&channel_id=1020
I am not an expert but to illustrate the point consider that unpasteurized cheese goes through a curing process of 60 to 90 days before it is considered safe to eat – people eating it before then are taking a greater risk. Is this the fault of raw milk?
While we’ve had cases of e. coli from mass produced cold cuts, spinnach and even municipal water, there’s no discussion of an outright ban of these products. Same of course for cigarettes and alcohol – and aspertame and other products which we are exposed to on a regular basis.
I think your story is an important one and that everyone, regardless of their stance on raw milk, should arm themselves with all the knowledge they can to form their oppinion. Thank you so kindly for sharing.
Joel
Whoa Sylvia. I’m so sorry to hear about your niece – very sad. My earlier comment was not at all to convince those against raw milk to switch, but merely to protect my right to buy raw milk with full understanding of the possible outcomes.
Greetings,
Though I know for some the argument around raw milk centres around how safe and ‘clean’ the milk is. For me, this isn’t even an issue. Raw milk, if produced in the manner suggested by Michael Schmidt, is just as clean and safe as many other products already on the market.
For me the issue is money. The milk boards (all provinces have some variety of the ON one) make a lot of money off of dairies. The dairy farmers make a good living (the ones I know in SK do) and have invested a great deal of money in their equipment and their ‘licensing’. For these parties there is a vested interest in making sure the consumer remains afraid of raw milk. This is done by perpetuating myths and negative propaganda about raw milk and by making sure that not enough people have access to it to be able to refute their claims. This is also accomplished by lobbying gov’ts to continue the ban on raw milk and vigorously enforce the anit-raw milk laws.
All raw milk in SK is considered one product. Thus, the milk that comes from a large dairy with CAFO conditions is considered the exact same material as that from a small, biodynamic farm. I am of the opinion that there are two types of raw milk and that though they are both ‘milk’ are as similar as apples and oranges.
On the one hand we have ‘raw milk for pasteurisation’ which is most likely to be contaminated due to farming practices and the cross contamination from one farm to another. Under this type of practice it only takes one ‘dirty’ farmer to contaminate the whole lot.
On the other hand we have ‘raw milk for direct human consumption’. This milk should be of the highest quality and be able to pass the most stringent safety protocols around. This milk could be purchased via food clubs, cow shares, or the like. This system could be available in stores if the market desired it and the supply were available.
I say ‘should’ and ‘could’ a lot when I talk about raw milk because to date it is just a fantasy. We do not have a raw milk board or regulatory body and we should have one separate from the large dairy boards (apples and oranges). We are currently a black market and we shouldn’t have to be the ‘dirty secret’ of the farming world.
For me, wanting to drink raw milk is not only about health (though that is part of it) but also about government, big business, and my personal sense of fair-play. I don’t believe in a free for all and I don’t believe that conventional dairy farmers should pay and small farmers should get off without paying. I believe that everyone should have choices – choice of product, choice of gov’t, choice to produce what you want. Of course, that being said, not all choices carry the same price tag but knowing that in advance is a choice as well.
Deborah