Idaho

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Exemption also addresses popular 'cow share' issue

The Idaho State Department of Agriculture is proposing to update

quality standards in its rules governing retail sale of raw milk and to

exempt operations with three cows or fewer from meeting Grade A

facility standards, a requirement for selling raw milk.

"If you have three cows, seven sheep or seven goats, you don't have

to meet dairy barn sanitation and construction criteria," said Marv

Patten, dairy bureau chief for ISDA.

That new exemption should take care of the "cow share" issue, he said.

"Cow share" program sales, or backyard sales, was a means of

circumventing the requirement for a costly Grade A facility and regular

testing. Instead, people pay the farmer a certain amount and claim

ownership in the cow. That way the farmer is not selling the milk.

"There's a significant amount (of that) going on," Patten said.

Those exempted from Grade A requirements will still have to meet animal health and milk quality criteria.

With growing interest in marketing raw milk and concerns that raw

milk quality standards were too lenient, ISDA initiated a negotiated

rulemaking process. Two meetings were held earlier this month, and the

proposed rule was due out earlier this week.

"I'm going to make the last little bit of modifications," Patten said last week.

In addition to the exemption for very small producers, the proposed

rule, as it stood last week, would retain "standard plate count" -- a

measure of total bacteria in milk or dairy product sample -- at 15,000

milligrams per liter.

That number is more restrictive than the 20,000 mg/liter for

standard pasteurized product. It would also set the somatic cell count

for raw milk for fluid consumption at 500,000 mg/liter for cow milk and

750,000 mg/liter for sheep or goat milk. The count is 750,000 mg/liter

for pasteurized product.

What was still to be decided before the final proposal was published

for comment was the coliform standard for raw milk. The broader dairy

industry wants it changed from 50 milligrams per liter to 10 milligrams

per liter.

"Existing facilities want it left where it is." Patten said. "Right

now, I'm leaning toward a compromise right down the middle," he said

last week. "With everybody pretty dug in, at the eleventh hour, I'll

have to make a decision. I'm trying to find the science."

Patten said the meetings went well, but it has been an extensive and arduous process.

"There is a lot of passion. People were cordial and respectful, but

certainly very, very firm in their conclusions, very, very passionate

in their belief and how they feel things should be conducted," he said.

The intent of addressing the cow share issue was better milk-quality

control and a clean product that would allow producers to sell raw milk

on their premises. They won't be allowed to sell to such establishments

as restaurants, where consumers wouldn't know where the milk was coming

from, but they could be allowed to sell to retail stores if the product

is labeled properly, he said.

The small-producer permit requires monthly quality testing.

"They have to meet that or they can't sell the milk," he said.

Patten said there are only two licensed raw milk facilities in the state, one in Emmett and a new one in Victor.

"Until this year, we haven't had anyone (licensed) in 10 years," he

said. But "we can tell there's big demand. We've had lots of calls from

active producers looking to start a business."

That's probably due to low milk prices and producers seeking a more profitable market for their milk, he said.

Bob Naerebout, executive director of Idaho Dairymen's Association,

said he doesn't believe there is a large enough demand to drive large

producers into the market.

"If you produce over 30 gallons per day, you need have a packaging

capability," he said. "And taking directly from the bulk tank, unless

it is for your own use, is not allowed."

Patten said there are a couple of things that usually deter producers -- the expense of a grade A facility and liability.

"What scares most of them is the liability if someone gets sick," Patten said.

The Centers for Disease Control warn against consuming raw milk and

raw milk products due to possible contamination from campylobacter,

salmonella, E. coli and listeria.

Proponents claim raw milk is more healthful than pasteurized milk and say they should have the right to choose.

The Department hopes to have the finished rules published before Nov. 13, in time to be reviewed by the Legislature in 2010.

Staff writer Carol Dumas is based in Twin Falls. E-mail: crdumas@...By CAROL RYAN DUMAS

Capital Press