Warning: Reading email can be hazordous to your health

Smile, Right?

photo courtesy of Dana Shultz

Not right this minute.

This one takes the cake, this mornings email is what I am referring to. Here is what the article said:

From Source:


FDA Steps Up Enforcement Against Raw Milk

On April 20, two FDA agents, two federal marshals and one state trooper descended on the Kinzer, Pennsylvania farm (Rainbow Acres) of Dan Allgyer to execute an administrative search warrant against Allgyer’s premises.  The group set foot on the farm at 5 a.m. to conduct the inspection even though the warrant called for the inspection to take place “at reasonable times during reasonable business hours.”  The warrant allowed the FDA agents to inspect “all portions of Rainbow Acres facility (except for the private residence located therein) and all things therein, including all equipment, finished and unfinished materials, containers and labeling therein.”  The warrant also called for the “use of reasonable force” to gain entry to any area the agents were authorized to search.

Later that day after the agents reported their findings to officials at FDA’s Philadelphia district office, Philadelphia District Director Kirk Sooter sent Allgyer a warning letter stating that FDA had determined that “you are causing to be delivered into interstate commerce, selling or otherwise distributing raw milk in final package form for human consumption, such distribution is a violation of the Public Health Service (PHS) Act, Title 42 United States Code, Section 264(a), and the implementing regulation codified in Title 21, Code of Federal Regulations (CFR), Section 1240.61(a).”

The regulation [21 CFR 1240.61(a)] issued by FDA in response to a 1988 court order provides, in part, that “no person shall cause to be delivered into interstate commerce or shall sell, otherwise distribute, or hold for sale or other distribution after shipment in interstate commerce any milk or milk product in final package form for direct human consumption unless the product has been pasteurized.”

The statute [42 USC 264(a)] authorizing FDA to issue the regulation prohibiting raw milk for human consumption in interstate commerce provides, in part, “The Surgeon General, with the approval of the Secretary, is authorized to make and enforce such regulations as in his judgment are necessary to prevent the introduction, transmission, or spread of communicable diseases…from one state or possession into any other state or possession.”  In FDA’s view all raw milk is a communicable disease and is “adulterated”; so, a product that is legal to sell under the laws of two neighboring states is a “communicable disease” and illegal when it crosses from one neighboring state into another.  The federal ban on raw milk is a prohibition on a product that is legal to sell or distribute in at least twenty-nine (29) states and legal to consume in all fifty (50).

In spite of the booming demand for raw milk, FDA’s position has not changed.  The agency is at the center of the opposition to raw milk and wants a complete ban on the product’s sale and distribution.  In the Chicago area, the FDA has targeted for enforcement (one at a time) twenty (20) different buying clubs the agency suspects of having obtained raw milk from out-of-state sources.  FDA has a similar strategy for the states, with the plan being to pressure one state at a time to ban raw milk sales.    If the food safety legislation currently before Congress passes, FDA will have increased leverage over the states so this threat will be greater; the agency does not have the manpower to conduct the inspections mandated by the food safety bill(s) and will in effect be putting state agriculture and health department employees on the federal payroll to carry out its workload.

In taking action against farms, like Rainbow Acres, whom FDA suspects of transporting raw milk across state lines, the agency is attempting to deny the people’s right to obtain the food of their choice from the source of their choice.  FDA allows Vioxx, Avandia, melamine, aspartame, and genetically modified foods on the market but is now trying to take off the market a food that has benefited human health for thousands of years.  Interestingly, there is nothing in the U.S. Constitution nor in any Supreme Court decision that specifically mentions freedom of food choice.  Freedom of food choice is ‘the rights issue’ of the twenty-first century; ultimately, consumers will be the ones to win the fight.

Raw milk is at the heart of the battle for food freedom.  The key to securing the right to obtain raw milk from the source of choice is to overturn the federal ban; without the ban, FDA will not be able to put the pressure on states that it currently does to make raw milk sales and distribution illegal.  Efforts are being made to overturn the ban.  In February of this year, the Farm-to-Consumer Legal Defense Fund filed a lawsuit in federal district court seeking a court ruling that the federal ban is unconstitutional as applied to its members and other individual plaintiffs.  Congressman Ron Paul last year introduced HR 778, a bill that would effectively overturn 21 CFR 1240.61.

Readers can do their part to help by contacting FDA and asking that the agency not harass farmers like Dan Allgyer whom the agency suspects of transporting raw milk across state lines.  John F. Sheehan, the Director of FDA’s Division of Plant and Dairy Food, is the official most responsible for carrying out FDA’s agenda of completely banning the sale and distribution of raw milk.  Sheehan has stated:  “Raw milk should not be consumed by anyone, at any time, for any reason.”

Call, fax and/or write Mr. Sheehan at the contact information provided below, telling him to leave Dan Allgyer alone.  Here are some points to make:
1.  FDA should respect the right of consumers to obtain the food of their choice.
2.  FDA has no business trying to deny consumers the right to drink raw milk since consumption of raw milk is legal in all fifty states.
3.  Consumers are perfectly capable of making food choices for themselves and their families and don’t want FDA dictating what foods they should and should not consume.
4.  If FDA has no choice but to “enforce the law” then the agency should advocate for overturning that law.

A sample letter to Mr. Sheehan can be found here.

NOTE:  FDA has never taken action against any individual obtaining raw milk for their own consumption from another State; but it is possible that FDA could interpret the ban to include prohibiting even consumers from crossing state lines to get raw milk.  FTCLDF strongly disagrees with this interpretation and takes the position that people have the right to cross state lines to obtain the foods of their choice.


John F. Sheehan, Director
Div. of Plant and Dairy Food
Office of Food Safety
Bldg. CPK-1, Rm. 3D-055
5100 Paint Branch
College Park, MD  20740

Main phone for Office of Food Safety
(If the receptionist refuses to put you through to Mr. Sheehan, respectfully leave a message.)

Fax 1-301-436-2632

eMail:  john.sheehan@fda.hhs.gov


Pete Kennedy, Esq. – President
Farm-to-Consumer Legal Defense Fund

End of article:

Now back to me and my response; why is raw milk such a hot topic? why does the fda have a hard-on for raw milk producers? Why? If this is about protecting john q public from some kind of unhealthy food, I can give the fda lots and lots of places to go snooping around and none of them will small time dairy farmers who are drinking the same milk they sell. How about some of the factory milk, beef, pork and other farms that are neglecting their herds by overcrowded condition, standing in their own feces, falling down from sickness and the list goes on and on. Why?

If this is a simple matter of fear that the raw milk industry will somehow cost these greedy milk producers a couple of bucks, all I can say to that is GIVE ME FREAKING BREAK.  I asked a friend what was the “real” deal. That is what he told me, something to do with price fixing. Man it is always back to the greed. Never fails. But somehow, our govt picking on a small time Amish farmer to me is the height of injustice. I don’t get it.

Just to continue my rant about this. First of all, is this the best the FDA can do (read the article) picking on hard working salt of the earth Amish. I just wish that I could be so diligent in my efforts to reduce my footprint here on planet earth. Then  [ * they] show up at his house at 4:30 in the morning??? America’s Most wanted don’t get that kind of treatment?

* 2 FDA officials, 2 U.S. deputy marshals and one state trooper? Amazing, absolutely AMAZING!!!

For example:

In a report by the General Accounting Office (GAO) on the FDA’s enforcement of the ban on feeding cows back to cows, the GAO found that “the agency had failed to issue warning letters to violators [of the feed ban] and inspection records were incomplete, inconsistent, inaccurate, and untimely.” The report revealed that though the FDA found that hundreds of feed manufacturers were not following the rules, the agency only sent two letters of warning to violators of the feed ban.65″


I could write a book about my thoughts about this, but maybe I should go get a big cold glass of raw UNPASTEURIZED MILK and cool off. (which I have legal rights to) btw.



2 thoughts on “Warning: Reading email can be hazordous to your health

  1. It is imperative that consumers protect their freedom of choice and support American small family farms. The situation at hand doesn’t end at the state level. The FDA and state agencies need to be held accountable for their overzealous actions to shut down the many innocent family farms, the true stewards of the land. Their actions affect everyone of us.

    The sample letter to Director Sheehan is excellent and effective. Our letter to him will be signed and faxed tomorrow (4/30/10).

  2. I was just reading an article regarding this very topic, I would like to add a quote from Mike Adams, The Health Ranger:

    “Sure, you can smoke yourself into a lifetime of cancer — that’s fully approved by the government. You can slather you…r body with personal care products laced with cancer-causing chemicals, because that’s also approved by the government. You can drink brain-busting aspartame, chow down on diabetes-promoting MSG, or swallow any number of mouthfuls of processed foods laced with a thousand different synthetic chemicals that probably cause everything from cancer to Alzheimer’s. Go take a swim in the Gulf of Mexico and soak up some Corexit dispersant chemicals — the government doesn’t protect you from any of that.

    But raw milk? Well that’s just too dangerous. It’s all natural! And if you’re the whored-out U.S. government — now run by commercial interests — natural is bad!”

    more at link http://www.naturalnews.com/029178_raw_milk_food_freedom.html

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )


Connecting to %s