Wisconsin

Update Spring 2004: What’s happening in Wisconsin? Hard to say and hard to describe. We’ve been following the saga of Tim Wightman and the several farms who set up cow-share programs in Wisconsin, then when the state found fault with the cow-share programs, interpreted their edicts as permitting farm-share programs. At a meeting last year, the State declared the farm-share program they had set up as unacceptable. As Wightman said in a recent interview with AcresUSA (May 2004), “It doesn’t matter what we do, the state doesn’t want us to do it. . . “ However, the good news is that all three farms are still providing raw milk, their membership is growing and all are in agreement “that we are going to do what our consumers want us to do. The state really doesn’t have a right to get between a farmer and his product or the people who want to buy it.” One state representative, Barbara Gronimous, is working to propose legislation legalizing on-farm raw milk sales in the state, a move that would solve the problem for both bureaucrats and consumers.

Milk Direct Program: The Milk Direct program is the brainchild of Tim Wightman and Gleta Martin of Clearview Acres farm in Hayward, Wisconsin. Working with the Department of Agriculture, Trade and Consumer Protection (DATCP), Tim and Gleta set up a cow-share program that had been pioneered by another farmer in the state. However, Tim and Gleta were not satisfied with the two-page contract that DATCP suggested, finding that it did not provide enough provisions for testing and safety. Tim revised the contract to allow for greater safety provisions and their program was soon supplying milk to 300 individuals.

As reported in Wise Traditions, on September 24, Clearview Acres received a complaint from the state of Wisconsin stating that the provision of raw milk to cow-share owners posed "an imminent public health hazard, " singling out Clearview Acres as the culprit in a local campylobacter outbreak even though only two of the four confirmed cases drank Clearview Acres raw milk, and Clearview Acres milk consistently tested negative for the disease. The outbreak followed on Thanksgiving which means that consumption of underdone turkey was the likely cause—72 percent of turkey is infected with campylobacter.

When Clearview Acres counsel requested documents from DATCP, including any lab tests indicating campylobacter contamination, the state stalled. Finally, on March 18, the department released several inches of documents. No lab tests for camphylobacter were included in the documents. (Tim and Gleta suspect that no tests were actually done.)

The documents indicated that DATCP had encouraged several farmers in the state to set up cow-share programs expecting someone to get sick from raw milk so they could shut the whole program down. Tim's insistence on safety protocols defeated this plan. As Tim and Gleta went ahead with their program, the state sent a spy to buy a cow share and pick up milk weekly. The released documents reveal that the milk was tested for over a year for the presence of listeria and salmonella and that DATCP complained when the tests turned out negative. Then the state tried to take away Gleta's Grade A permit, but was stymied for lack of jurisdiction. Finally, DATCP blamed Clearview Acres milk on the local campylobacter outbreak and sent the cease-and-desist order.

So basically the Wisconsin agency responsible for food safety has been caught deliberately promoting raw milk sales with improper safety protocols in an attempt to cause an outbreak of illness. Tim and Gleta are continuing to defend themselves in administrative proceedings. They expect the case to end up in civil court and result in complete exoneration. After that they will sue the state for harassment and lost income. They have had very positive media coverage in the local press, which has published convincing arguments to counter DATCP's deliberate disinformation campaign (including an article entitled "Raw Milk Should Not Be Considered Health Food") but negative press in the major papers. Meanwhile, about 1100 individuals in the State of Wisconsin are consuming raw milk available through other cow-share programs—with plenty of reports of improved health and none of food-borne illness.

UPDATE 27 APRIL 03: We have reported on the Department of Agriculture, Trade and Consumer Protection's (DATCP) efforts to prohibit cow sharing programs they once endorsed. However, during court proceedings Judge Cheryl Daniels acknowledged that bona fide owners of a milk producer license may consume raw milk directly from the farm. With financial help from the Weston A. Price Foundation, a model corporation has been set up at Clearview Acres in Hayward, Wisconsin. Those desiring raw milk can become nonvoting members of a corporation holding a Grade A licence or the dairy operation of a farm. The language of this corporation will be made available to farmers throughout the country for a modest fee and then can be tailored to the particular state. The completion of these documents has generated intense interest and we are hopeful that this model will be used to bring dairy farmers and raw milk consumers together in many states. For more information, contact the Farm-to-Consumer Legal Defense Fund, farmtoconsumer.org, (703) 208-FARM (3276), .

UPDATE from Tim Wightman, 18 MAR 04: In a clarification hearing on November 22, 2003, the raw milk farms of Wisonsin met with the Wisconsin Department of Agriculture, Trade & Consumer Protection (DATCP) at the request of the Food Safety Division and the legal department of DATCP. The meeting was to discuss and gather information on the implementation of legally formed corporations of the raw milk farms in Wisconsin and its legal structure as it pertains to the interpretations of the division of Food Safety’s decision of October 2002 regarding cow share agreements.

It was found that the Wisconsin Division of Securities that approved the raw milk/Grade A permit holding corporations was comfortable with the arrangements outlined for the corporations holding the Grade A permits sanctioned by DATCP.

DATCP had a problem with the fact that the shareholders of the corporations had only purchased a right and not actual property of the corporations in order to obtain raw milk. In short DATCP held the view, and convinced the Division of Securities, that the Grade A permit could only be held by the actual Entity that owned the cows and actually did the work. In essence the Grade A permit holding corporations in which people purchased shares in order to purchase raw milk was in fact a distribution company, not a licensed dairy farm.

DATCP also said that the raw milk farms were free to devise corporations that were based on the actual farms and farm property if they were the permitted entities that produced the milk. Each shareholder must own a proportionate share of the farm as to TAKE raw milk from the farm in which they are part owners. In short if a raw milk drinker wanted to fork over $30,000.00 and take milk over a period of 20 years the raw milk farms were free to do so.

In a further development of the hearing DATCP said if all owners of the farm and or cows consumed all of products produced by said cows that DATCP has no jurisdiction over that consumption. The raw milk farms were free to do so and not have to hold a Grade A permit for no milk would be offered to the general public. The raw milk farms were also free to lobby for a change in the dairy code to allow the sale of raw milk.

It is the opinion of the raw milk farms of Wisconsin that it doesn’t matter what legal entity we form, DATCP will find fault with it. The farms in question are pursuing the customers needed to drop the Grade A permits and sell the cows to the consumers of raw milk and remove ourselves from the regulations of DATCP.

The flow of milk has not stopped, nor has the interest of new customers/owners who arrive every day, and the movement is growing despite the overwhelming negative press that the farms of Wisconsin and other States have endured over the past four years. Tim Wightman talks to farmers and consumers on a daily basis who are greeted with the same levels of interest in nearly every state of the Union.

In January 2005, a raw milk bill will be submitted to the Wisconsin legislature for the availability of a farmer to sell his milk to the people he wishes to with conditions of safety yet to be ironed out. Tim Wightman is currently drafting the legislation with the help of eight legislators and (at press time) one Senator. Passage will not be easy but as more time passes more people will have experienced the benefits of raw milk, and the farmer who provides it.

Update from Tim Wightman, Winter 2006: Several farms are now operating very successful farm-share programs, which allow them to supply raw dairy products to farm-share owners. These programs have been sanctioned by the courts, but one farm recently received a letter questioning its authority to operate in this manner. The farm has replied, citing the court ruling and arguing that the state has no jurisdiction. The state has not answered the reply. We'll keep you posted on developments.

Update, August 2007
The Department of Agriculture, Trade and Consumer Protection (DATCP) has issued a proposed rule that would prohibit farm share programs from selling raw dairy products other than milk and cream to their shareholders. Currently, farm share operators can sell any raw dairy product to their
shareholders under exemption letters issued them by the state permitting the sale of shares in the farm without having to comply with securities registration laws. Not only did DATCP approve the exemption letters before they were sent out but previously, a state administrative law judge had recognized the right of the farm share operators to distribute raw dairy products to their shareholders. In issuing the proposed rule DATCP claimed the rule was consistent with
previous administrative law decisions.

The public comment period on the proposed rule has ended; and the rule is due to go to legislative committees in the Wisconsin House and Senate for final approval. Those opposing the rule should contact their legislators and demand that the legislative committees reviewing the rule hold public hearings.

A Campaign for Real Milk is a project of The Weston A. Price Foundation
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