UPDATE: Wisconsin's Raw Milk Ban At Stake In Lawsuits
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UPDATE: Wisconsin's Raw Milk Ban At Stake In Lawsuits
UPDATE: A judge has postponed a ruling in a case that could blow a hole through Wisconsin's ban on raw milk sales.
Reporter: Zac Schultz
Email Address: zschultz@nbc15.com
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UPDATED Monday, June 14, 2010 --- 5:11 p.m.

MADISON, Wis. (AP) -- A judge has postponed a ruling in a case that could blow a hole through Wisconsin's ban on raw milk sales.

Dane County Circuit Judge Patrick Fiedler was scheduled to rule in the case on Tuesday involving Grassway Organic Farm's claim that the state has no right to stop them from selling raw milk to customers who have become part-owners of the farm.

But a similar case from Walworth County was sent to Dane County last week, so the judge has delayed a ruling due to a pending motion to consolidate the two.

A telephone hearing in the case is scheduled for Aug. 10.

The cases pose a threat to Wisconsin law that bans all but incidental sales of raw milk. Gov. Jim Doyle earlier this year vetoed a bill that would have allowed on-farm sales of raw milk.

Copyright 2010 by The Associated Press. All Rights Reserved.

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Wisconsin's raw milk ban at stake in lawsuits

MADISON, Wis. (AP) — Wisconsin dairy farmers who believe they have found a way to legally sell raw milk in the state will make their case in court on Tuesday.

The operators of Grassway Organic Farm in Calumet County allege in a case before a Dane County judge that the state has no right to stop them from selling milk to customers who have become part-owners of the farm.

The case isn't a direct challenge to Wisconsin's ban on raw milk sales, but if Kay and Wayne Craig prevail, it would open up a loophole large enough to drive a herd of dairy cows through.

The Craigs' lawsuit is one of two in the court system over the state law banning all but incidental sales of raw milk. Another one involves Walworth County farm Nourished by Nature.

Copyright 2010 The Associated Press.

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UPDATE Posted Wednesday May 19, 2010 -- 4:45pm
By Zac Schultz

Madison: Governor Jim Doyle vetoed a bill Wednesday that would have legalized the sale of raw milk.

In the end, Governor Doyle says he relied on the advice of experts in the medical community who opposed legalizing the sale of raw milk. "It wasn't even divided, it was really unanimous."

It's a bill that faced tough opposition from the start, with the dairy industry, state regulators and medical professionals all saying raw milk was too dangerous. But grass roots advocates and passionate farmers got the bill passed.

At the end of the legislative session a few weeks ago, Governor Doyle said he was leaning towards signing the raw milk bill. He says he didn't change his mind, he simply became more educated. "What came to me from the public health community and the dairy industry was overwhelming."

It's currently legal for farmers to drink raw milk, but they cannot sell it. The bill would have allowed farmers to sell raw milk out of on-farm stores, but they couldn't advertise. They would have also needed to keep samples for testing.

The bill had a sunset clause that would have allowed it to expire by 2012.

"It's very disappointing," says Sen. Glenn Grothman (R-West Bend). He says raw milk sales existed for years until state regulators started cracking down, forcing this bill. "We've closed-mindedly decided to shut down a growing industry that's been out there for the past 15 years."

Doyle says regulators were just doing their jobs. "When people start going on the internet and start broadly advertising and selling DATCP has to respond."

This will likely hurt small organic farmers the most, because they were best positioned to corner the raw milk market. Many drinkers preferred raw milk because they believed it was a healthier, more natural alternative to pasteurized milk.

"The disappearance of the family farm is a true tragedy in this state, and it's too bad it's going to be accelerated by the veto today," says Grothman.

"When I hear the argument of this is going to shut down a business, well that business isn't legal in the state right now," says Doyle.

A state panel with both supporters and opponents of raw milk will examine the safety issues over the next year.

Governor Doyle says it's possible that committee could find a better balance between allowing raw milk sales and protecting the public and the dairy industry.

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UPDATED Wednesday, May 19, 2010 --- 4:40 p.m.

MADISON, Wis. (AP) -- Republican candidate for governor Mark Neumann says he would have signed a bill legalizing raw milk sales in Wisconsin that Gov. Jim Doyle vetoed.

The other major Republican candidate Scott Walker was unavailable for comment on Wednesday.

Democratic candidate Tom Barrett says he would search for a compromise that would allow raw milk sales while ensuring the safety of the state's dairy industry.

Neumann says on the raw milk issue he puts his faith in the free market, less government intrusion, and the individual's right to choose what is best for them and their families.

Doyle says he vetoed the bill Wednesday over concerns from farm and dairy groups and medical organizations over health and safety risks posed by consuming unpasteurized milk.

Copyright 2010 by The Associated Press. All Rights Reserved.

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UPDATED Wednesday, May 19, 2010 --- 1:40 p.m.

NBC15 Reporter Zac Schultz is at the Capitol today following this story. He just spoke with State Senator Glen Grothman, (R) West Bend, who was a very passionate supporter of the now vetoed raw milk bill. Grothman called the Governor's veto horrible, and says it will hurt small family farms who were in position to deliver raw milk in the safest way. He says he feels sorry for the thousands of those who choose to drink raw milk because they believe it is the safest and healthiest milk option for their families.

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UPDATED Wednesday, May 19, 2010 --- 1:20 p.m.

MADISON, Wis. (AP) -- Gov. Jim Doyle has vetoed a bill that would have legalized limited sales of raw milk in Wisconsin.

Doyle said in his veto message Wednesday that he was concerned about safety risks associated with unpasteurized milk. The state's dairy and cheese industry, along with the Wisconsin Medical Society and a host of other business, farm and health groups, heavily lobbied Doyle in recent weeks to veto the bill.

Last month, Doyle had indicated he intended to sign the bill saying he thought it balanced the concerns of those worried about unpasteurized milk and advocates who argued it tastes better and has health benefits.

The bill would have allowed only on-farm sales of milk until 2012.

Copyright 2010 by The Associated Press. All Rights Reserved.

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UPDATED Wednesday, May 19, 2010 --- 1:15 p.m.

Press Release from the Governor's Office:

MADISON – Governor Jim Doyle today vetoed Senate Bill 434 in its entirety, in order to protect the health of Wisconsin citizens and the state’s dairy industry. Governor Doyle issued the following statement regarding his action on the raw milk bill:

“I recognize that there are strong feelings on both sides of this matter, but on balance, I must side with the interests of public health and the safety of the dairy industry.

“I am listening to the unanimous voice of public health professionals including leading doctors at the Marshfield Clinic and Gundersen Lutheran Health System who have found the sale of raw milk to have potentially harmful health effects.

“I also have to protect the safety of the dairy industry, which is critical to our state economy. We have worked successfully over the last seven years to modernize Wisconsin’s dairy industry. An outbreak of disease from the consumption of raw milk could harm our reputation for providing healthy dairy products, and damage the entire industry.

“A group of experts will continue to study the question of whether or not the state should allow and regulate the sale of unpasteurized milk in the future. This group will make certain that the concerns and interests on all sides are fully analyzed.”

To view the veto message visit: http://www.wisgov.state.wi.us/docview.asp?docid=19596

Governor Doyle today also vetoed Assembly Bill 371 in its entirety. Governor Doyle issued the following statement regarding his action on AB 371:

“I have listened to the Conservation Congress, whose county chapters strongly oppose this bill.”

To view the veto message visit: http://www.wisgov.state.wi.us/docview.asp?docid=19594

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UPDATED Friday, May 14, 2010 --- 8:35 a.m.

MADISON, Wis. (AP) -- Opponents of legalizing raw milk sales in Wisconsin are gathering to urge Gov. Jim Doyle to veto the bill.

Opponents of the bill passed by the Legislature have been emboldened by Doyle statements this week in which he appears to be hedging in his support for the plan.

Last month Doyle said he assumed he would sign the bill. Now he says he hasn't decided and he needs more time to study the issue.

He has until Thursday to act on it or allow it to become law without his signature.

Those gathering Friday to urge a veto include representatives of the state's Dairy Business Association, Cheese Makers Association, Farm Bureau and Medical Society.

Supporters say unpasteurized milk is safe, more nutritious and tastes better.

Copyright 2010 by The Associated Press. All Rights Reserved.

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UPDATED Thursday, May 13, 2010 --- 4:00 p.m.

MADISON, Wis. (AP) -- Wisconsin Gov. Jim Doyle is starting to hedge on whether he'll sign a bill into law legalize the sale of unpasteurized, raw milk.

Doyle said on April 23 that he assumed he would sign the bill passed by the Legislature into law. He said then he thought it struck a proper balance between the concerns of the dairy industry worried about an outbreak of diseases and supporters who say raw milk tastes better and has nutritional benefits.

But this week Doyle has said that he's not ready to sign the bill and he needs more time to study the issue and think about it.

Groups opposed to the bill planned a news conference on Friday to urge Doyle to veto it.

Copyright 2010 by The Associated Press. All Rights Reserved.

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UPDATED Wednesday, May 5, 2010 --- 8:00 a.m.

MADISON, Wis. (AP) -- Advocates of raw milk hope legalization of sales in Wisconsin will lead to broader acceptance of unpasteurized milk and approval of sales in other states.

Wisconsin Gov. Jim Doyle has indicated he will sign a bill the Legislature passed late last month allowing farms to sell raw milk directly to consumers through 2011. Wisconsin would be the 20th state to allow such sales.

Sally Fallon Morell is president of a nonprofit group that advocates drinking raw milk. She says Wisconsin is the best state in the country legalization of raw milk could happen in because it's "America's Dairyland."

Raw milk opponents, meanwhile, say the more states that legalize sales, the greater the chance of people becoming sick from contaminated milk.

Copyright 2010 by The Associated Press. All Rights Reserved.

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UPDATE Posted Friday, April 23, 2010 -- 4:47pm
By Zac Schultz

Madison: Farming is a very personal affair for Scott Trautman.
His cows get names, not numbers and they munch on the finest fields of clover and grass. Scott is also passionate about the raw milk his cows produce.

Last November, Scott staged a one-man protest at the Capitol. So you would think he'd be a little more excited after a bill legalizing the sale of raw milk passed the legislature. "It feels great. We gotta wait for the governor."

The raw milk ban passed despite the objections of state regulators from DATCP and the dairy industry.

Friday, Governor Doyle did not commit to signing the bill. "From what I have seen to this point, I'm going to have get into a lot of this in more detail."

The bill allows farmers to sell raw milk to the public, but only from farm stores. Farmers need to test their milk and freeze daily samples.

"What I've seen the legislature struck a pretty good balance between those two interests," says Doyle. "Unless there's something in it that is going to surprise me when I really get into the bill I will assume I'll sign it."

The bill only offers a short window to show raw milk is safe. It expires at the end of 2011.

"Someone that does a bad job, isn't careful, could get people sick and it will ruin it for a lot of people," says Scott. He says selling raw milk can be profitable, but farmers need to want to do it. "A lotta consumers are going to want raw milk from a lot of farms, and we have to be sure that the farms they're getting it from are prepared for that. Not every farm is a farm that should be doing raw milk."

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UPDATED Friday, April 23, 2010 --- 2:25 p.m.

MADISON, Wis. (AP) — Gov. Jim Doyle says he "assumes" he will sign into law a bill that would legalize limited sales of raw milk in Wisconsin.

Doyle said Friday that unless there's something in the measure passed by the Legislature that he doesn't already know about, he will sign it into law.

Doyle says he thinks the Legislature did a good job striking a balance between the concerns of the dairy industry worried about an outbreak of diseases caused by drinking of unpasteurized milk and supporters who say raw milk tastes better and has nutritional benefits.

Under the bill, the sales would be limited to on farms only. The legalization would be good only through the end of 2011 while a more permanent plan is developed.

Copyright 2010 The Associated Press

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UPDATED Friday, April 23, 2010 --- 7:50 a.m.

MADISON, Wis. (AP) -- Raw milk might be soon be for sale at a dairy farm near you.

The Wisconsin Assembly voted 60-35 early Friday for a bill that would allow dairy farmers to sell unpasteurized milk despite safety concerns.

The bill, if signed by Gov. Jim Doyle, would allow the sales through the end of 2011 while lawmakers work on a more permanent solution.

The Food and Drug Administration opposes the sale of raw milk, saying it may contain harmful bacteria that can sicken and even kill. Supporters say raw milk tastes better and has health benefits.

Rep. Phil Garthwaite of Dickeyville said legalizing raw milk sales will help small farmers.

But Rep. Marlin Schneider of Wisconsin Rapids warned the bill puts the entire dairy industry at risk because one outbreak of disease would taint Wisconsin cheese and milk.

Copyright 2010 by The Associated Press. All Rights Reserved.

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UPDATED Thursday, April 22, 2010 --- 7:25 a.m.

MADISON, Wis. (AP) -- The state Assembly is set to decide whether Wisconsin dairy farmers can sell raw milk temporarily.

A bill up for a final vote Thursday in the Assembly would legalize raw, unpasteurized milk sales through the end of 2011. The Senate has already passed the bill.

Opponents are concerned that drinking raw milk could lead to an outbreak of illnesses, putting the state's dairy industry at risk. Supporters say raw milk has health benefits and tastes better.

Farmers could only sell raw milk on their farms and could not advertise beyond signs on the premises. The milk would have to regularly be tested for pathogens.

Copyright 2010 by The Associated Press. All Rights Reserved.

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UPDATED Thursday, April 15, 2010 --- 3:32 p.m.

MADISON, Wis. (AP) -- Farmers could sell raw milk for the next two years under a bill the state Senate has passed.

The measure would allow farmers who register with the state to sell raw milk on their farms through the end of 2011. They would be prohibited from advertising beyond signs on the premises.

They also would have to test the milk at least monthly for pathogens and submit the results to state agriculture officials. If pathogens show up the state could suspend a producer's registration.

Raw milk lovers contend it's purer and tastes better than pasteurized milk. Opponents counter raw milk easily can contain bacteria and make people sick.

The Senate passed the bill Thursday on a bipartisan 25-8 vote. It now heads to the Assembly.

Copyright 2010 by The Associated Press. All Rights Reserved.

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UPDATE Posted Tuesday, March 30, 2010 -- 4:45pm
By Zac Schultz

Madison: Last fall, farmers were dumping raw milk at the Capitol, demanding a law that would allow them to sell unpasteurized milk.

Just a few months later, a bill has passed committees in both the Senate and the Assembly.

Currently, farmers can drink raw milk from their own farm, but they can't sell it. But a black market does exist. "Raw milk sales are going to happen whether this bill passes or not," says Rep. Chris Danou (D-Trempealeau). "They're going to continue to happen in this state. People are going to want it, they're going to try and get it."

The bill would make it legal for farmers to sell to consumers directly from their farm. They would need to test their milk, keep daily samples and put warning labels on the containers-telling the consumer raw milk contains organisms that may make them sick.

"It's doable. For the farmer it's a few more hoops and hurdles to jump over but doable," says Dan Siegmann, who runs a 75 cow organic dairy farm in Jefferson County. He says growth in the organic and natural food movement includes a desire for raw milk. "We have consumers stopping by all these farms too, and it's hard to tell them no."

The Department of Ag, Trade and Consumer Protection and other major ag groups oppose this bill, fearing an outbreak in raw milk could taint the entire $26 billion dairy industry.

"Right now there's an outbreak in Michigan and there's 12 people sick from raw milk, so it does happen and we're concerned it would be a black eye for our industry," says John Umhoefer, Executive Director of the Wisconsin Cheesemakers Association. He says legalizing the sale of raw milk because it will happen anyway is bad policy. "If raw milk sales are happening that doesn't make it right."

The bill still needs to be approved by both the Senate and the Assembly.

If it becomes law there is a sunset provision that will expire at the end of 2011. If the law is not extended by then, selling raw milk will be illegal again.

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UPDATED Tuesday, March 30, 2010 --- 10:56 a.m.

MADISON, Wis. (AP) -- A bill that would allow farmers to sell raw, unpasteurized milk directly to consumers has moved out of an Assembly committee.

The Rural Economic Development Committee approved the bill 8-1. The move clears the way for a vote in the full Assembly.

Under the measure, farmers who register with state agriculture officials could sell raw milk through the end of next year. Farmers would have to record each sale and test the milk for disease-causing microbes.

They would not be allowed to advertise beyond signs on their farms. The signs would include warnings bacteria in the milk could cause disease.

The state Senate's agriculture committee approved an identical bill earlier this month on a 5-0 vote.

Copyright 2010 by The Associated Press. All Rights Reserved.

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UPDATED Monday, March 29, 2010 --- 7:40 a.m.

MADISON, Wis. (AP) -- A state Assembly committee is set to vote on a bill that would allow raw milk sales in Wisconsin.

The Assembly Rural Economic Development Committee has scheduled a vote on the bill for Tuesday.

Two weeks ago a Senate committee passed a scaled down version of the measure that would allow limited raw milk sales directly from a farmer to a customer through 2011.

The bill before the Assembly committee would not put an end date on the milk sales, but it's expected to be amended to be the same as the Senate version.

Wisconsin law has required since 1957 that milk sold to consumers be pasteurized.

Supporters of selling raw milk say it tastes better and has health benefits that pasteurized milk does not. Opponents say it's not as safe.

Copyright 2010 by The Associated Press. All Rights Reserved.

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UPDATED Wednesday, March 17, 2010 --- 4:30 p.m.

MADISON, Wis. (AP) -- Limited raw milk sales would be allowed in Wisconsin through 2011 under a bill that has advanced out of a Senate committee.

The Senate Agriculture and Higher Education Committee voted Wednesday to advance the bill that allows for the sales directly from a dairy farmer to the customer.

Sellers must meet a series of requirements, including obtaining a special permit, consenting to regular testing and clearly labeling the milk as being unpasteurized.

The same lawmakers who are sponsoring the raw milk bill on Tuesday asked for a Legislative Council study on the issues related to raw milk sales in the hopes of reaching consensus on how to proceed.

All the action comes following a 10-hour public hearing in the issue last week in Eau Claire.

Copyright 2010 by The Associated Press. All Rights Reserved.

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UPDATED Monday, March 8, 2010 --- 8:15 a.m.

MADISON, Wis. (AP) -- Selling raw milk in Wisconsin would be legalized under a bill up for a hearing Wednesday in Eau Claire.

The measure would allow dairy farmers to sell raw milk directly to customers if certain conditions are met. The farmer would have to have a state-issued permit and post a warning that raw milk does not provide the protection of pasteurization.

Raw dairy proponents say unpasteurized milk is tastier, healthier and easier to digest.

Federal and state health officials say uncooked animal products are inherently dangerous and can carry bacteria capable of causing illness and death.

Wisconsin law has required since 1957 that milk sold to consumers be pasteurized.

The bill was sponsored by state Rep. Chris Danou, D-Trempealeau.

Copyright 2010 by The Associated Press. All Rights Reserved.

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UPDATED Wednesday, January 13, 2010 --- 8:10 a.m.

MADISON, Wis. (AP) -- A state-appointed committee will soon consider whether raw milk should be sold in Wisconsin, and if so, under what conditions.

Secretary Rod Nilsestuen, of the Wisconsin Department of Agriculture, Trade and Consumer Protection, says the group will consider the legal and regulatory affects and what conditions would be required to protect public health.

Wisconsin law has required since 1957 that milk sold to consumers be pasteurized.

The group's chair will be Richard Barrows, a retired Associate Dean of the College of Agriculture and Life Sciences at the University of Wisconsin-Madison. The group also includes dairy farmers, cheese makers, consumers and food safety professionals.

The Legislature will be advised of the committee's recommendation. The group is expected to start meeting next month.

Copyright 2010 by The Associated Press. All Rights Reserved.

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Posted Saturday, November 7, 2009 -- 1:30pm
By Zac Schultz

Madison: A local dairy farmer says the state is putting him out of business, so he's dumping his milk at the Capitol.

"My name is Scott Trautman and I'm a proud dairyman from the State of Wisconsin." Scott Trautman made a life change in 2003 when he decided to get into farming. Six years later he's says the state is trying to put him out of business. "I've been shut down."

Trautman says he's been milking organic jerseys for two years. He says the major milk producers won't pick up his product anymore, because they fear he's selling raw milk on the side, which is illegal.

He's had to dump his milk since October 16th, so Saturday he decided to dump it at the Capitol. "Less than an hour ago I was milking my beautiful cows at my farm, my healthy cows. There's nothing wrong with my milk. Nothing. Here's what happens when you take on food safety. You're ending up like this," says Scott as he dumped his milk. "My milk. Gone."

Trautman wants the legislature to legalize the sale of raw milk. Lawmakers at the Capitol aren't totally unsympathetic towards Scott's situation. But they say they're still concerned about safety. "I have farmer friends of mine that drink milk right off the farm that's unpasteurized, and there's no problem for them," says Rep. Gary Hebl (D-Sun Prairie). "But when you sell to the public there's a reason why milk is pasteurized, and that's for safety."

But Trautman says safety isn't an issue. It's legal for the farmer to drink, he just can't sell it. "Legal," says Scott, holding a glass of milk to his chest, "Illegal," he says while extending the glass towards a stranger. "Milk didn't change. What changed? Profit for the farmer. That's good organic jersey milk."

Scott Trautman says if it was legal he could sell organic raw milk for about $6 a gallon. He says it's a niche market that small dairy farmers like him could use to survive.

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