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Court OKs distributing raw milk between co-op members

BY Matthew Talbot, Staff January 28, 2010 17:01

NEWMARKET - A Newmarket judge ruled last week that it is OK for a dairy farmer to sell raw milk among members of his cow-share program, but it could be some time before the general public can buy raw milk at the grocery store.

Ontario dairy farmer Michael Schmidt won a legal battle last Thursday for the right to share raw milk products, but only among members of his cow-share.

Selling unpasteurized milk to the general public is still illegal.

Justice of the Peace Paul Kowarsky ruled Schmidt's cow-share program is exempt from legislation set out in Ontario's Health Protection and Promotion Act and the Milk Act, which bans the sale of raw milk to consumers, but doesn't apply to farmers drinking raw milk from their own cows.

Kowarsky ruled Schmidt's cow-share program did not break the law because the farmer only provided milk and raw milk products to his members, didn't advertise or market his operation and cow-share members were aware they consumed the milk at their own risk.

Essa dairy farmer Toby Broekhuizen said she supports a farmer's ability to distribute raw milk but said there should be strict testing before it hits the market.

She said her farm's pasteurized milk is tested, but only after it is distributed for sale. This wouldn't cut it for raw milk, she said, because it can contain harmful bacteria usually eliminated in the pasteurization process.

"The risk is not very high, but when there is something in the milk it is bad for producers," she said. "In Alliston there was a case of E. Coli in the milk and a few people got very sick."

"When you buy raw milk, you know you should cook it or when you drink it, it is your own risk."

Broekhuizen said they don't drink raw milk on her farm.

Simcoe County Federation of Agriculture president Dave Lucas said the whether or not raw milk will eventually be sold on the market is a decision that remains with the Ministry of Health.

Lucas, a dairy farmer, doesn't drink raw milk either.

"From a general health safety standpoint, we stand with the Ministry of Health. Raw milk may be perfectly safe, but there is still risk involved because of bacteria," he said. "Pasteurization does nothing to harm the health benefits of milk, but it does minimize the risk."

- With files from Torstar

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