Re: TN Bill

March 30, 2004

Hey Belinda,

Yes, I didn't want to be restrictive with this so that's why we haven't

put anything in there like the grain feeding etc. It was tossed around

a while back on this list, but with good input from people like you and

, it was quickly discarded. This bill is totally designed to free

up the small producer, not regulate him. It's more like a farmstead

exemption from the restrictive dairy code. I was thinking about you

for sure--and , and Kimberlie, and everyone else who doesn't want

to be regulated to death.

I was just asking everyone again because that point is the last one to

be ironed out--what to do about potential abuse by the big farms. You

know, I was just thinking as I type here. Right now, those big farms

don't want in, but what if they see all the success the small farmers

are having, feel the pinch and decide to try to compete? Stranger

things have happened.

Anyway, just to relieve your mind, there's nothing really restrictive

in the TN bill. Nothing about feed or whatever. And it even says that

NO tanks or milk houses shall be required, deliveries shall be

allowed. In fact, I think I shall paste it in right here. Seriously,

if anything jumps out as too restrictive, let me know. It is still in

the works by myself and Rep. Casada, and it can still be hammered on.

Bless you,

P.S. But one question here...do farmers test goats for anything? Or

are they just never tested because there is no danger of contracting

anything from them?

"This bill shall serve as a a farmstead exemption from the TN Dairy

Code for small scale raw dairy farmers in the state of TN. This bill

authorizes the sale in Tennessee of unpasteurized milk and dairy

products from grazing/browsing ruminants by producers directly to the

end consumer. Examples of grazing/browsing ruminants are, but not

limited to, cattle, goats, and sheep. The producers shall be allowed

to sell the unpasteurized milk and dairy products under the following

requirements:

I.) All existing cows must be tested by the farmer annually for

e's disease, TB and BLV. Newly acquired cows must also be tested

before entering the herd. These test results must be kept on the

premises for verification and record keeping.

II.) Raw milk may be drawn into sanitary containers, cooled down as

soon as possible to 50 degrees or less, and stored in properly

maintained cooling equipment. Bulk milk tanks and milk houses shall

not be required as this puts an undue financial burden on small

producers.

III.) The unpasteurized milk and dairy products must be be labeled to

indicate to the consumer the date of production.

IV.) The unpasteurized milk and dairy products must also be labeled

"Not pasteurized--Not for resale."

V.) The unpasteurized milk and dairy products may be sold on the

premises or delivered fresh or frozen to farmer's markets or other

agreed upon places of delivery with the consumer. The consumer shall

serve as the inspector.

VI.) No limits shall be placed upon marketing of the farm and it's

products, in order to comply with first amendment, freedom of speech

laws. No limits shall be placed on products sales (gallons sold per

day). The producer shall be allowed to compete equally in the

marketplace, grow larger to accommodate demand, and be given the

freedom succeed.

VII.) No producer shall be arbitrarily shut down or sued by the TDA if

there is a regional outbreak of foodborne illness. Independent lab

tests must be performed to determine the cause. If the cause is

determined to be the producer's unpasteurized milk and dairy products,

and the foodborne illness is not from some other food source, then a

warning shall be given, and the problem shall be found and resolved."

bilherbs@... wrote:

I'm going to put in my 2 cents here, maybe I'm in a really negative

mood or something but the direction you folks are moving in with regard

to the dairy "certification" would have me running in the opposite

direction.

There is no way I want to get into proving how much grain or pasture my

animals have.

March 30, 2004

VII.) No producer shall be arbitrarily shut down or sued by the TDA if there is a regional outbreak of foodborne illness. Independent lab tests must be performed to determine the cause. If the cause is determined to be the producer's unpasteurized milk and dairy products, and the foodborne illness is not from some other food source, then a warning shall be given, and the problem shall be found and resolved."

****

Hey ,

Great job on the bill! I really hope Tennessee becomes a leader on the raw milk front! The above paragraph gave me a little pause. It says "regional outbreak." The bill all sounded local, had a local grassroots flavor, then suddenly it says "regional". It's a leap for me, why is it placed in there? That alone could make many wonder what's the real implication here. I would say "local." That's my opinion. It might seem like a very minor point, but why bring up anything that could possibly be construed a loophole or "borrow trouble" ? Quite possibly just the word "regional" would ennerve the dairy lobby.

Also do we want to say "whether suspected or real" as to outbreaks. And why just a warning given? People not in the know would ask. I know you have it that way to be comparable with food poisoning outbreaks from contaminated ground beef, etc. but others won't necessarily know that.

"And not from some other food source...." I would insert or "consumer negligence or mishandling." What if the consumer had an unknowingly contaminated container? I wouldn't want to put the onus of proving the milk is good totally on the farmer- the consumer should also take some responsibility as well.

Well this is just my 2 cents worth, from a consumer point of view!

Sara

PS Yah, I'm back from the Windy City, and I'm thankful my hair is already straight! Boy! ;-)

Owner of Remembering Our Angelswww.rememberingourangels.com (web store)Co-Moderator of Raw Dairyhttp://health.groups.yahoo.com/group/RawDairy/ (chat list)Owner and Moderator of Discussing Nourishing Traditionshttp://health.groups.yahoo.com/group/discussingnt/ (chat list)

March 30, 2004

I think the " directly to the end consumer " part will serve to prevent the

mega dairies from trying to abuse the system. But, just in case....

Perhaps the " small scale raw dairy farmers " could be defined as a " less

than X number of cows?

Perhaps it could clarify that a farm has to be one or the other - either an

exempt raw dairy producer, or a commercial dairy - a commercial dairy couldn

t carry on exempt raw milk production?

Lee Anne

-- Re: Re: TN bill

Hey Belinda,

Yes, I didn't want to be restrictive with this so that's why we haven't put

anything in there like the grain feeding etc. It was tossed around a while

back on this list, but with good input from people like you and , it

was quickly discarded. This bill is totally designed to free up the small

producer, not regulate him. It's more like a farmstead exemption from the

restrictive dairy code. I was thinking about you for sure--and , and

Kimberlie, and everyone else who doesn't want to be regulated to death.

I was just asking everyone again because that point is the last one to be

ironed out--what to do about potential abuse by the big farms. You know, I

was just thinking as I type here. Right now, those big farms don't want in,

but what if they see all the success the small farmers are having, feel the

pinch and decide to try to compete? Stranger things have happened.

Anyway, just to relieve your mind, there's nothing really restrictive in the

TN bill. Nothing about feed or whatever. And it even says that NO tanks or

milk houses shall be required, deliveries shall be allowed. In fact, I think

I shall paste it in right here. Seriously, if anything jumps out as too

restrictive, let me know. It is still in the works by myself and Rep. Casada

and it can still be hammered on.

Bless you,

P.S. But one question here...do farmers test goats for anything? Or are they

just never tested because there is no danger of contracting anything from

them?

" This bill shall serve as a a farmstead exemption from the TN Dairy Code for

small scale raw dairy farmers in the state of TN. This bill authorizes the

sale in Tennessee of unpasteurized milk and dairy products from

grazing/browsing ruminants by producers directly to the end consumer.

Examples of grazing/browsing ruminants are, but not limited to, cattle,

goats, and sheep. The producers shall be allowed to sell the unpasteurized

milk and dairy products under the following requirements:

March 30, 2004

These are good thought all, Jill and Lee Anne. Thanks for sending

them. Hmmm....thinking, thinking....

Lee Anne Dobos wrote:

I think the "directly to the end consumer" part will serve to prevent

the

mega dairies from trying to abuse the system. But, just in case....

Perhaps the "small scale raw dairy farmers " could be defined as a "less

than X number of cows?

Perhaps it could clarify that a farm has to be one or the other -

either an

exempt raw dairy producer, or a commercial dairy - a commercial dairy

couldn

t carry on exempt raw milk production?

Lee Anne

March 30, 2004

In a message dated 3/30/2004 3:32:32 PM Central Standard Time, RawDairy writes:

The farmer might want to require a statement of health from ME,

too!

This caught my eye and I had to smile. There are many dairy goat owners who do not want any strangers walking anywhere near where their goats go as they are afraid of disease being spread to the goats.

So yes, the farmer might want a statement of health from YOU! <G>

Belinda

March 30, 2004

Hi ;

So does this mean that for you the goal is for farmers to be able to

sell milk from their farms only - without cowshare agreements? I

guess when people talk about legalizing milk sales I was envisioning

raw milk available in grocery stores in the regular dairy case - in

which case it would be difficult for the consumer to gauge what

quality of milk they were getting. Personally, I like going to the

farm to pick up milk and I like that my money goes directly to the

farmer. I know it's important to take small steps, but in your mind

what would the ultimate long term goal be? Just curious:).........

Thanks and good luck!

Jill

March 30, 2004

Hey Jill,

The goal would be for farmers to be able to sell milk from their farms

and deliver as well, to anywhere and not preclude cow share agreements

in any way. In fact, for the farmers that are uncomfortable with the

risk of selling directly to the consumer under this bill, cow shares

would be a viable alternative. Cow shares/boarding agreements help to

limit the farmer's liability if someone gets sick, as the cow belongs

to the consumer on paper, not the farmer.

I don't think there is any way that cow boarding agreements could ever

be made illegal. That would get into private ownership rights. To say

that 2 people could not split the cost of a cow and have her boarded

somewhere would step all over constitutional rights.

So yes, I like giving the local farmer my business too. I think the

long term goal would be legal on farm sales or delivery, as well as cow

boarding agreements.

jms4548 wrote: