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      <title>Marler Blog - Is Raw Milk Treated Unfairly? - Comments</title>
      <link>http://www.marlerblog.com/</link>
      <description>Food Poisoning Lawyer &amp; Attorney : Bill Marler : Marler Clark</description>
      <language>en</language>
      <copyright>Copyright 2012</copyright>
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      <item>
         <title>Tim Lukens</title>
         <description><![CDATA[<p>Well said Mr. Marler.</p>]]></description>
         <link>http://www.marlerblog.com/lawyer-oped/is-raw-milk-treated-unfairly/#9633</link>
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         <category domain="http://www.marlerblog.com/">Lawyer Op-Ed</category>
         <pubDate>Wed, 02 Jun 2010 14:40:20 -0800</pubDate>
         <author>marler@marlerclark.com (Food Poisoning Lawyer)</author>
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         <title>Phyllis Entis</title>
         <description><![CDATA[<p>I agree 100% with what you have written. Governments (Federal or State; US, Canadian or elsewhere) have a duty to inform the public of ALL food safety "incidents".</p>

<p>Keep on pushing!</p>

<p>Phyllis</p>]]></description>
         <link>http://www.marlerblog.com/lawyer-oped/is-raw-milk-treated-unfairly/#9634</link>
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         <pubDate>Wed, 02 Jun 2010 14:40:20 -0800</pubDate>
         <author>marler@marlerclark.com (Food Poisoning Lawyer)</author>
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         <title>Art Davis</title>
         <description><![CDATA[<p>Are there standards that the various regulatory agencies can articulate that determine when they announce an "Outbreak" and following that are there standards for determining when it is appropriate to announce a "Source" for the outbreak?  If such standards do not exist in clearly understandable form perhaps they should.  The implications and effects of such announcements are of such import that to leave them to a judgment call of any individual or group of individuals seems an invitation to pressures not appropriate to the decision making process.</p>]]></description>
         <link>http://www.marlerblog.com/lawyer-oped/is-raw-milk-treated-unfairly/#9635</link>
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         <pubDate>Wed, 02 Jun 2010 14:40:20 -0800</pubDate>
         <author>marler@marlerclark.com (Food Poisoning Lawyer)</author>
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         <title>Doc Mudd</title>
         <description><![CDATA[<p>Completely agree.  Consumers should be kept accurately informed (accuracy and scientific validity being the key).  Paying customers will move the ball down the field...in the market and in the legislatures.</p>]]></description>
         <link>http://www.marlerblog.com/lawyer-oped/is-raw-milk-treated-unfairly/#9636</link>
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         <pubDate>Wed, 02 Jun 2010 14:40:20 -0800</pubDate>
         <author>marler@marlerclark.com (Food Poisoning Lawyer)</author>
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         <title>karen prue</title>
         <description><![CDATA[<p>ABSOLUTELY agree!<br />
The public should be informed as soon as possible.</p>]]></description>
         <link>http://www.marlerblog.com/lawyer-oped/is-raw-milk-treated-unfairly/#9637</link>
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         <category domain="http://www.marlerblog.com/">Lawyer Op-Ed</category>
         <pubDate>Wed, 02 Jun 2010 14:40:20 -0800</pubDate>
         <author>marler@marlerclark.com (Food Poisoning Lawyer)</author>
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         <title>mark mcafee</title>
         <description><![CDATA[<p>I think the difference is that big business is most of what makes up the fresh vegetable and lettuce industry. Big business runs the pasteurized milk industry and not the raw milk industry which is 100% small operations and politically incorrect.</p>

<p>Industry works very hard with its political lobby systems etc....the raw milk producers are completely unrepresented. </p>

<p>Their are big differences. </p>

<p>I do appreciate your balanced argument here.</p>

<p>The most essential and missing part of this discussion is the medical superfood aspect of raw milk. It is a medical food and prevents large numbers of deaths every year. Asthma kills more than 5000 Americans. Raw milk prevents asthma and dramatically improves it or even cures it in some people.The PARSIFAL study showed this clearly. The FDA refuses to discuss this medical aspect, the medical aspect is why the majority of people are drawn to raw milk. No lactose intolerance!!??? Super Immune system builder for kids. The medical superfood aspect is the 800 pound guerrilla in the room. </p>

<p>Mark McAfee<br />
Founder OPDC</p>]]></description>
         <link>http://www.marlerblog.com/lawyer-oped/is-raw-milk-treated-unfairly/#9638</link>
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         <category domain="http://www.marlerblog.com/">Lawyer Op-Ed</category>
         <pubDate>Wed, 02 Jun 2010 14:40:20 -0800</pubDate>
         <author>marler@marlerclark.com (Food Poisoning Lawyer)</author>
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         <title>Paul</title>
         <description><![CDATA[<p>Bill,</p>

<p>I'm glad you admit you see the bias. </p>

<p>I'm involved in the raw milk movement and I agree with you that there are many problems on our side that we need to address.</p>

<p>Have you seen the USDA's OIG report on meat contamination?</p>

<p><a href="http://www.usda.gov/oig/webdocs/24601-08-KC.pdf" rel="nofollow"><a href="http://www.usda.gov/oig/webdocs/24601-08-KC.pdf" rel="nofollow">http://www.usda.gov/oig/webdocs/24601-08-KC.pdf</a></a></p>

<p>I would think this is a goldmine of liability suits since there are so many violations and so many people involved. There certainly is ample precedent to sue the federal government for not following it's own laws and regulations.</p>

<p>Paul</p>]]></description>
         <link>http://www.marlerblog.com/lawyer-oped/is-raw-milk-treated-unfairly/#9639</link>
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         <pubDate>Wed, 02 Jun 2010 14:40:20 -0800</pubDate>
         <author>marler@marlerclark.com (Food Poisoning Lawyer)</author>
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         <title>Paul</title>
         <description><![CDATA[<p>Bill,</p>

<p>I don't know if you are aware of this, but the most common source of e.coli contamination on produce is irrigation water. I've seen studies where 100% of the irrigation samples tested positive for e.coli. And that was with many samples from different sources.</p>

<p>This is not some "one in a million", Russian Roulette type problem. This is a systemic flaw. Most of the nations produce comes from irrigated fields in California.</p>

<p>Cheers,</p>

<p>Paul</p>]]></description>
         <link>http://www.marlerblog.com/lawyer-oped/is-raw-milk-treated-unfairly/#9640</link>
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         <pubDate>Wed, 02 Jun 2010 14:40:20 -0800</pubDate>
         <author>marler@marlerclark.com (Food Poisoning Lawyer)</author>
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         <title>Sam Grubb</title>
         <description><![CDATA[<p>Perhaps someone can define "medical food" for me?</p>]]></description>
         <link>http://www.marlerblog.com/lawyer-oped/is-raw-milk-treated-unfairly/#9641</link>
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         <category domain="http://www.marlerblog.com/">Lawyer Op-Ed</category>
         <pubDate>Wed, 02 Jun 2010 14:40:20 -0800</pubDate>
         <author>marler@marlerclark.com (Food Poisoning Lawyer)</author>
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         <title>Joanne</title>
         <description><![CDATA[<p>I wonder how many SWAT teams and raids have taken place on farms growing lettuce and spinach or businesses producing deli meat. How many of these companies have had their entire inventory, computers, paperwork, customers lists, etc., confiscated? </p>

<p>And how many people get sick from peanut butter and tainted pharmaceuticals because the FDA is too busy chasing after someone because they own cows and *might* be selling raw milk? How many illegal warrants are issued based on the fact that a company didn't fill out a questionnaire?</p>

<p>There is a clear bias in the government agencies and media, and it is apparent they're not trying to FIX the problem so people who want to drink clean, raw milk can be assured of safety. Their agenda is clear: complete elimination of raw milk. And you've got to ask yourself why that is? </p>

<p>The drug companies have produced tainted drugs that sicken and kill people, yet they don't get shut down. But then, why shut a company down that pays for your payroll and guarantees you a seat on the board of directors once your government job is gone?</p>

<p>Once the government starts to behave as though they're trying to fix the food safety problem by working WITH farmers instead of treating them like armed criminals, then I'll believe they are part of the solution and not part of the problem. </p>

<p>Make no mistake: this isn't about food safety. It's about competition and greed.</p>]]></description>
         <link>http://www.marlerblog.com/lawyer-oped/is-raw-milk-treated-unfairly/#9642</link>
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         <pubDate>Wed, 02 Jun 2010 14:40:20 -0800</pubDate>
         <author>marler@marlerclark.com (Food Poisoning Lawyer)</author>
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         <title>Harry Hamil</title>
         <description><![CDATA[<p>Thanks, Bill, for the opinion and all of the info.</p>

<p>I'm expecting the same unequal treatment by the FDA when an outbreak connected to a farmers market, produce stand, CSA or other form of direct selling occurs.</p>]]></description>
         <link>http://www.marlerblog.com/lawyer-oped/is-raw-milk-treated-unfairly/#9643</link>
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         <category domain="http://www.marlerblog.com/">Lawyer Op-Ed</category>
         <pubDate>Wed, 02 Jun 2010 14:40:20 -0800</pubDate>
         <author>marler@marlerclark.com (Food Poisoning Lawyer)</author>
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         <title>Sam Grubb</title>
         <description><![CDATA[<p>The test for coliforms takes 24 hours, and is very inexpensive. If those who sell raw milk can not even make the effort to test for coliforms BEFORE selling their product, then they deserve to be punished to the fullest extent of the law.</p>

<p>I would personally be happy to offer my services to any dairy wishing to institute regular testing for coliforms.</p>

<p>"Medical food"? Give me a break.</p>]]></description>
         <link>http://www.marlerblog.com/lawyer-oped/is-raw-milk-treated-unfairly/#9644</link>
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         <category domain="http://www.marlerblog.com/">Lawyer Op-Ed</category>
         <pubDate>Wed, 02 Jun 2010 14:40:20 -0800</pubDate>
         <author>marler@marlerclark.com (Food Poisoning Lawyer)</author>
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         <title>Shannon</title>
         <description><![CDATA[<p>I have been on your blog, Bill, and read some of your other articles. I got the impression that you weren't completely unreasonable about this issue, just doing your job. I think it's important for consumers to be aware of the possibility of sickness, and for raw milk producers to acknowledge that it is a reality.</p>

<p>  I was raised in a family of 12 on raw milk and now I have 6 kids of my own. When I was a teenager, we no longer had access to raw milk, so we switched to store bought milk. It never occurred to me to seek out raw milk until I started having health challenges, when my research led me to raw milk. <br />
I have seen the difference it has made in my family, and it has been compelling enough to cause me to go to the trouble of milking my friend's cows in exchange for milk so that I can afford to bring as much milk home for my family as we need/want, plus I know how the milk is handled because I handle it myself. </p>

<p>I am a raw milk advocate.</p>

<p>Commercial dairies in general do not produce their milk carefully enough to be sold in its raw state, and in addition their cows are fed and cared for in ways that make the cows more likely to carry pathogenic bacteria. <br />
I realize there is a wide range of methods used to care for cows, and also a wide range of milking protocols. But in general, most raw milk producers are aware of the need to produce a higher quality product and do so. In addition, there is the element of consumer oversight that is mostly absent in commercial food production models.</p>

<p> I agree with your statement that "I am not saying that health officials should not crack down on raw milk producers who poison customers. Nor am I saying that raw milk producers should escape being held accountable for the injury and damage caused by contaminated raw milk."<br />
The problem is, that Raw Milk producers ARE being treated more strictly than other producers of fresh foods. <br />
They are getting raided and attacked by the FDA regardless of the fact that there have been no complaints against many of them.<br />
Can you imagine the FDA coming in and raiding a lettuce grower because someone, somewhere... will get sick from eating lettuce in the future? And maybe not even from lettuce grown on that particular farm? </p>

<p>Just because milk doesn't undergo a visible physical change that cause it to look "cooked" when you cook it, unlike lettuce (or almost any other food would), doesn't mean that there are no undesirable changes in the fundamental structure of milk when it is pasteurized.</p>

<p>I think it would be more constructive to give raw milk producers legality, and allow them the freedom and means to find the best ways to produce a safe, reliable product, rather than harass them and try to eliminate the food that so many people are demanding.</p>]]></description>
         <link>http://www.marlerblog.com/lawyer-oped/is-raw-milk-treated-unfairly/#9645</link>
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         <category domain="http://www.marlerblog.com/">Lawyer Op-Ed</category>
         <pubDate>Wed, 02 Jun 2010 14:40:20 -0800</pubDate>
         <author>marler@marlerclark.com (Food Poisoning Lawyer)</author>
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         <title>Tony Connor</title>
         <description><![CDATA[<p>An interesting article Bill - Thank you.<br />
Anyone who decides to consume raw milk by its nature is running a risk of food poisoning and should understand that.<br />
Raw milk producers should understand the risks they run in selling raw milk and put appropriate controls in place to ensure the milk is safe to drink. In such circumstances I would use a positive release system where each batch is cleared microbiologically prior to sale.<br />
Your details of lettuce food poisoning incidents do not include any details of the source of the contamination. I have seen problems previously where lettuces have been irrigated with sewage. One comment though - A lettuce is grown in the ground any therefore likely to be dirty/contaminated. Responsible Food Service Operations should always ensure they wash salad items thoroughly.<br />
Regards,<br />
Tony</p>]]></description>
         <link>http://www.marlerblog.com/lawyer-oped/is-raw-milk-treated-unfairly/#9646</link>
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         <pubDate>Wed, 02 Jun 2010 14:40:20 -0800</pubDate>
         <author>marler@marlerclark.com (Food Poisoning Lawyer)</author>
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         <title>David Gumpert</title>
         <description><![CDATA[<p>Lots of raw milk drinkers have been making this argument for some time now. Shannon articulates well what's behind that argument. But coming from you, Bill, this "equal treatment" argument carries considerable weight. Thanks. </p>

<p>David Gumpert<br />
Author: The Raw Milk Revolution: Behind America's Emerging Struggle Over Food Rights</p>]]></description>
         <link>http://www.marlerblog.com/lawyer-oped/is-raw-milk-treated-unfairly/#9647</link>
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         <pubDate>Wed, 02 Jun 2010 14:40:20 -0800</pubDate>
         <author>marler@marlerclark.com (Food Poisoning Lawyer)</author>
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         <title>Bill Marler</title>
         <description><![CDATA[<p>David, as I have said often, regardless of the product, manufacturers need to be held responsible for poisoning their customers.  I think my last few posts - why go after raw milk, when little is said about leafy green outbreaks and the fact that we do little about sprouts sale, is less about being favorable to raw milk, but trying to point out the unfairness.</p>]]></description>
         <link>http://www.marlerblog.com/lawyer-oped/is-raw-milk-treated-unfairly/#9648</link>
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         <category domain="http://www.marlerblog.com/">Lawyer Op-Ed</category>
         <pubDate>Wed, 02 Jun 2010 14:40:20 -0800</pubDate>
         <author>marler@marlerclark.com (Food Poisoning Lawyer)</author>
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         <title>John Gear</title>
         <description><![CDATA[<p>Why not concentrate on harm reduction using a graded approach, where risk factors like </p>

<p>a) mixing <br />
b) using middlemen/distributors/retailers<br />
c) suppression of identity of grower/dairy on the product<br />
d) output volume<br />
e) shipping distances<br />
f) number of steps and transfers in the "cold chain"</p>

<p>etc. to determine who gets the attention?</p>

<p>The FDA on raw milk is like the dept. of the IRS that spends more resources auditing low income filers while ignoring the itemizers with their LLCs and offshore investments.  And I'm not a raw milk advocate -- I am quite happy to drink pasteurized things.  But the treatment of raw milk folks appears to be little more than Big Agribiz using the FDA to squelch competition.</p>]]></description>
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         <pubDate>Wed, 02 Jun 2010 14:40:20 -0800</pubDate>
         <author>marler@marlerclark.com (Food Poisoning Lawyer)</author>
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         <title>Mike</title>
         <description><![CDATA[<p>I have been a raw milk consumer for over 5 years.  Not sick once from raw milk.  </p>

<p>I know my farmer, and I trust him. (Have you ever visited your local factory farm?  I recommend it, it will open your eyes - if you can actually accomplish the task.) He runs a small farm that is quite hi-tech.  His cows graze a pasture all day, no grain feeding here.  The milk is delicious, fresh, and pathogen free.  He tests it three ways to Sunday, goes well beyond the tests the state and federal government require.  I also get grass fed beef, free-range chicken, and eggs from the same farm, and it is an unbelievable difference from supermarket beef or chicken products.</p>

<p>Factory farms are killing the American people.</p>]]></description>
         <link>http://www.marlerblog.com/lawyer-oped/is-raw-milk-treated-unfairly/#9650</link>
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         <pubDate>Wed, 02 Jun 2010 14:40:20 -0800</pubDate>
         <author>marler@marlerclark.com (Food Poisoning Lawyer)</author>
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         <title>Jenny</title>
         <description><![CDATA[<p>Thank you. I agree. Our family drinks raw milk and I am fully aware of the risks so when people say aren't you scared, I remind them that eating in the US is scary. And I trust my farmer 100x more than a factory. He has to be extra cautious cause one outbreak and he's out of business! <br />
</p>]]></description>
         <link>http://www.marlerblog.com/lawyer-oped/is-raw-milk-treated-unfairly/#9768</link>
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         <pubDate>Wed, 02 Jun 2010 14:40:20 -0800</pubDate>
         <author>marler@marlerclark.com (Food Poisoning Lawyer)</author>
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         <title>Valerie  Sharpe-Steinfeld</title>
         <description><![CDATA[<p>How factual are these alledged reports of raw milk infections in Minnesota? 9 outbreaks?  What is an outbreak? How many people does an outbreak affect?  What is the scientific evidence that this is really so? <br />
Besides all these arguments for and against...why are we not allowed as Americans to make our own choices, especially at this point when raw milk drinkers have to consciously go outside of the main stream to find it?  RESPONSIBILITY is on the consumer in cases of people obtaining raw milk from a farm and the issue is FREEDOM of CHOICE:<br />
other wise we are living in a police state!!!<br />
Do you pasturized supporters not see this?  Whether you agree with people who think this way or that NEVER gives you the right to control their choices.  THIS IS/WAS a FREE COUNTRY.  LETS KEEP it THAT WAY!!!</p>]]></description>
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         <pubDate>Wed, 02 Jun 2010 14:40:20 -0800</pubDate>
         <author>marler@marlerclark.com (Food Poisoning Lawyer)</author>
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