Jan 21, 2010 Canada Law Courts Ruling - Cow Shares Raw Milk Sale

[Cheese Head]

Ontario farmer found not guilty of charges related to selling raw milk
1 hour, 29 minutes ago

By The Canadian Press

NEWMARKET, Ont. - An Ontario farmer raised a glass of milk in celebration outside court today after being found not guilty of 19 charges related to selling unpasteurized milk.

Michael Schmidt, who operates a raw milk co-op, defended himself last year against the charges for dispensing milk straight from the cow.

"I hope that we can move into a dialogue where even more people enjoy raw milk," Schmidt said after the verdict, holding a glass of milk as his supporters cheered.

Justice of the peace Paul Kowarsky said the case was part of a "search for contemporary justice."

While raw milk is legal to drink, it's illegal to sell in Canada, since health officials consider it a health hazard.

Schmidt said today he never intended to "circumvent the law but to work with the law to provide people with what they need."

"It was never a war but a Shakespearean drama," he said.

The Durham, Ont., farmer argued the charges laid against him under the Health Protection and Promotion Act and the Milk Act are unconstitutional and infringe on his rights and freedoms.

Schmidt operates a 150-cow raw milk co-operative venture, which allows members to own a portion of the cow to acquire raw milk.

"They are fully informed that the milk is not pasteurized," Kowarsky said in his ruling, adding the milk is not marketed or sold for consumption to the general public but only to cow share members.

Kowarsky said his own research showed cow shares exist worldwide.

At trial, Schmidt argued that government officials and food scientists cannot guarantee the safety of any food, and suggested informed consumers should be able to buy raw milk if they so choose.

Food scientists and health experts testified that mandatory pasteurization laws are needed to protect public health.

Schmidt was charged after an armed raid by about two dozen officers and government officials at his farm in 2006.

[Tea]

Poor man, three years he has had this hanging over his head.  Very glad to see that the Judge had some common sense. 

[linuxboy]

Wow, they raided his place with guns, like he was running a drug cartel or something and had snipers to protect the cows. Maybe this will pave the way for raw milk in CA.

[FarmerJd]

Unbelievable! Common sense seems to have left the world. I know people are just doing their jobs but at some point somebody ought to have that feeling that "This may be a little overkill." I am glad it had a happy ending though.

[mtncheesemaker]

Hooray!
Maybe we can bring some common sense back into the world!
Pam

[Cheese Head]

Only in Canada eh, amazing they needed two zone police and officials to raid him!

Original post: http://ca.news.yahoo.com/s/capress/100121/national/raw_milk_trial_1

[MrsKK]

Oh, I'm sure it could happen here in America, just as well.

I'm glad he got vindication.

[Sailor Con Queso]

YES, it does happen in America.

An Amish farmer in northern Kentucky was delivering raw milk in Cincinatti to some of his "cow shares" patrons and was surrounded by over a dozen local police, state police, and agricultural control officers. They handcuffed him in front of his customers (aka witnesses) and this gentle old guy passed out in the parking lot from the stress.

Here's the full article: Milk Raid

What the article doesn't say is that the case did go to trial in Ohio. The Judge asked a courtroom full of police why they were harassing this poor farmer and threw the case out. So, the Amish farmer won. Right? Well, not really. It cost him so much money in attorney's fees, medical bills, etc. that he lost his farm.

[Cheese Head]

Very sad and very hard for little guy to fight the corporations and their hired guns, a great ruling, that judge was very brave or naïve (note latest US Supreme Court ruling that companies can fund election advertising without limit).

I watched a recent movie called "Food, Inc." the other day about large food companies controlling the raw food industry in USA, highly recommended.

[DeejayDebi]

Imagine the look on the poor fellows face when he finds all these guns pointed at him over a few bottles of milk. Talk about over kill!