No Warning Required On Raw Milk Sold At Portland Farmers Markets
Raw milk sold at farmers markets in Portland, Maine will not be required to carry a warning, the city council decided last night.
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The city’s health department had recommended that warnings citing the health risks of raw milk be posted on placards or handouts where raw milk was sold, but the council voted against the proposed measure calling it “unfair and arbitrary.”
Raw, or unpasteurized, milk can carry dangerous pathogens such as Salmonella, E.coli, Campylobacter and Listeria, which is why many medical and scientific organizations including the Centers for Disease Control and Prevention (CDC), the Food and Drug Administration, the American Academy of Pediatrics, the American Veterinary Medical Association, the National Association of State Public Health Veterinarians, all recommend that milk intended for human consumption be pasteurized.
The CDC reports that raw milk accounts for the bulk of dairy-associated foodborne illness outbreaks and estimates that raw milk causes an average of eight foodborne illness outbreaks every year.
So far this year, an ongoing multistate outbreak linked to raw milk produced on a Pennsylvania farm has sickened at least 43 people with Campylobacter infections, according to state health officials. From 2009 through 2011, there were 29 foodborne illness outbreaks linked to raw milk or raw cheese. And between 1998 and 2009, there were 93 reported outbreaks of foodborne illness linked to raw milk and raw milk products, according to the CDC. Those outbreaks sickened a total of 1,837 people, hospitalizing 195 and killing two.
If you have legal questions about an illness or hospitalization associated with raw milk, contact the food safety lawyers at PritzkerOlsen P.A. for a free consultation.
Campylobacter
Proponents say raw milk contains healthful microorganisms that pasteurized milk does not, and that drinking it can aid digestion, boost the immune system and ease the symptoms of allergies and asthma.
Brucellosis
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As often happens in such presentations, the conversation turned to raw milk. Under Canadian law, it is apparently illegal to sell or purvey raw milk in any fashion (unlike in the US where many states allow some commercial raw milk sales). One of the officers of the Department raised an interesting question about raw milk in the context of personal freedom vs. governmental regulation of a potentially dangerous commodity. He asked me whether it is appropriate to regulate a commodity like raw milk if a consumer, knowledgeable about its risks and dangers, nevertheless chooses to drink it. In other words, treat it like “informed consent” in the context of a medical procedure: there is utility with attendant risk. If the risks are fully explained and the consumer/patient judges there to be sufficient utility to justify the risk, why should the government intrude?
At the time, the Minnesota Department of Agriculture (MDA) ordered owner Mike Hartmann to stop selling raw milk until he addressed the unsanitary conditions on his farm. MDA also directed him to comply with the state law that allows for the sale of unpasteurized milk only on the farm at which the milk was produced. Those restrictions remained in effect.
The products have "sell-by" dates of November 27 and later and are believed to have been distributed primarily in southern Wisconsin, including the Madison area, according to the Wisconsin State Journal newspaper. The dairy plant number 55131 is on the label.
The state of Wisconsin is investigating to find the source of raw milk that has led to 13 confirmed cases of
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