Ontario dairy farmer Michael Schmidt won a 16-year-old legal battle for himself and for those advocates wishing to expand the ability of Canadians to eat what they want without dealing with the government.As Adam McDowell reports for the National Post, Schmidt is now free to bring raw, unpasteurized milk to the Canadian consumer. Schmidt was acquitted in a Newmarket, Canada court “on 19 charges relating to his distribution of raw milk and chesses.” Schmidt celebrated the long sought victory by drinking a glass of raw milk in front of his supporters.
It is up to the Crown to appeal, but until then consumers will have the choice of purchasing pasteurized milk or raw milk, “but only, the judge in the case stressed, provided the milk is distributed via the kind of ‘cow-sharing’ arrangement Mr. Schmidt had with his raw dairy enthusiasts.”
Following a 2006 sting operation in which the Ministry of Natural Resources joined the cow-sharing program Schmidt had implemented and obtained raw milk, Schmidt was charged under the Health Protection and Promotion Act and the Milk Act, both statutes were upheld despite Schmidt’s acquittal. Schmidt didn’t violate either statute because he was distributing the milk to co-owners of the cows and they understood they were drinking raw milk. Schmidt was not distributing raw milk to the general public.
The Ontario Health Protection and Promotion Act makes it illegal to sell, try to sell, or distribute milk and other dairy products that have not been pasteurized or sterilized, yet consumption of such products is legal.
With Schmidt, for the membership price of $300 a person becomes a part owner in a cow in the cooperative and are able to consume the milk provided by the cows they co-own.
To read more about the case and Mr. Schmidt’s cooperative program for milk, click here.
Posted: 01/25/10
