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From: James McLaren
To: John Karn
Cc: Michael Schmidt ; George Salverda
Sent: Friday, August 29, 2008 5:50 PM
Subject: Re: Research Program for Raw Drinking Milk

Dear Mr. Karn,

Thank you for presenting my request to the Board. As for posting your article on my website, there is no real need because we agree with you that drinking Raw Pasteurizing Milk can be hazardous. As a matter of fact, we stated this in Section 8 of our Health Canada Submission, which can be seem on our website, www.NaturalMilk.org. This is why we want a differentiated product, Raw Drinking Milk, to be introduced to the Ontario marketplace, as it is in every European country except Scotland and in many US states.

Also please be advised that on July 30, 2008, Quebec introduced just such a separate class of safe raw milk to be used in making raw milk cheeses aged for less than 60 days. See Division 11.6 at:
http://www2.publicationsduquebec.gouv.qc.ca/dynamicSearch/telecharge.php?type=2&file=/P_29/P29R1_A.HTM

I am reviewing all my options including taking legal action as a result of the Board's position.

James McLaren

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From: John Karn
To: James McLaren
Sent: Friday, August 01, 2008 10:45 AM
Subject: RE: Research Program for Raw Drinking Milk

Dear Mr. McLaren,

In response to your question, your comments were presented to the Board at a Meeting on July 28/29, 2008. There has been no change in DFO's position.

Regarding your comments, please be aware that the same quality standards apply to all milk whether it is destined for the fluid milk market or the market for processing milk products.

The attached article on drinking raw milk should be of interest to you - you may wish to post it on your web site.

John Karn

John W. Karn
Secretary to the Board
Dairy Farmers of Ontario
Phone 905-821-8970
FAX 905-821-3160
jkarn@milk.org

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From: James McLaren
To: John Karn
Cc: info@ombudsman.on.ca
Sent: Friday, July 18, 2008 12:24 PM
Subject: Re: Research Program for Raw Drinking Milk

Dear Mr. Karn,

Thank you for your response. What I am asking the Board to do is acknowledge a difference between raw milk and Raw Drinking Milk. Raw Drinking Milk is milk produced at a higher standard than for raw milk such that pasteurization is not necessary. Examples can be found in all European countries except Scotland and in many US states.

I am not asking the Board to change its position on raw milk, but I am asking the Board to approve a research project to evaluate the safety of Raw Drinking Milk, using as a starting point any of the above noted standards.

When will you present my comments and my request to the Board and when will I hear of their response?

Thank you.

James McLaren, CA

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From: John Karn
To: James McLaren
Sent: Tuesday, July 15, 2008 9:49 AM
Subject: RE: Research Program for Raw Drinking Milk

Dear Mr. McLaren,

DFO's position on raw milk has not changed. However, thank-you for your comments which I will share with our Board.

John W. Karn
Secretary to the Board
Dairy Farmers of Ontario
Phone 905-821-8970
FAX 905-821-3160
jkarn@milk.org

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From: James McLaren
To: John Karn
Cc: Jeff Farber; info@ombudsman.on.ca
Sent: Wednesday, July 09, 2008 5:28 PM
Subject: Research Program for Raw Drinking Milk

Dear Mr. Karn,

I apologize for not bringing this up before, but Section 3(1)(c) of the MIlk Act requires the DFO, "to select, develop and maintain research programs required for policy development and formulation". Raw Drinking Milk would make an excellent selection, given that it is sold in all Eruropean countries except Scotland and in many US states. You therefore have a large number of existing regulations to choose from, to see whether any would meet Canadian safety standards. And this research could all be done without any sale or distribution of raw milk, which is a big concern of yours. And furthermore, a positive outcome would open the way for a new niche market - raw dairy products!

I recently spoke to Dr. Jeff Farber (see attached) who is the Director, Bureau of Microbial Hazards at Health Canada. He would be more than happy to provide a Safety Assessment on any Raw Drinking Milk research you undertake. Perhaps you should speak with him (613-957-0880) and clear up this misconception you have that health officials are against Raw Drinking Milk. What they are all against is drinking the raw milk currently produced in Ontario right now, but they are open to evaluating the safety of milk produced under higher standards that would eliminate the need for pasteurization.

Could you please tell me what the Board's position is with respect to selecting Raw Drinking Milk for research under Section 3(1)(c) of the Milk Act?

Thank you.

James McLaren

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From: James McLaren
To: Hope, Dave (OMAFRA)
Cc: John Karn ; info@ombudsman.on.ca ; bruce.archibald@ontario.ca
Sent: Monday, May 19, 2008 2:38 PM
Subject: Re: Correspondence from James McLaren

Dear Mr. Hope,

If, as you say, the consumption of raw milk has such serious associated health risks then why do both the federal and provincial health laws permit dairy farm families to freely consume it? The answer is that under certain conditions raw milk can be safe to drink and many dairy farmers know full well what these are, which is why they drink it and confidently and legally distribute it to their families. As consumers, we want that same milk and that same privilege but under a proper regulatory regime. The proper approach has already been defined and codified in all European countries except Scotland and in more than half of the US states.

In my discussions with health department experts at both the federal and provincial level, they recognize that raw drinking milk could be made safely for off-farm consumption, but not with the current rules which require pasteurization. So change the rules to also permit the production of raw drinking milk and let consumers decide. The pioneering work has already been done a long time ago.

You do realize that your response implicates the government in any future legal or quasi-legal undertakings that would otherwise have been directed against the DFO. These could include liability for damages to any Ontario consumer who requires raw milk for health purposes and to any Ontario raw milk producer who was been raided. I ask that you reconsider your position and inform me within two weeks. Otherwise, it would be appropriate to proceed with the Ontario Ombudsman and the Competition Bureau.

Best regards,

James McLaren

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From: Hope, Dave (OMAFRA)
To: James McLaren
Cc: jkarn@milk.org ; info@ombudsman.on.ca ; Archibald, Bruce (OMAFRA)
Sent: Friday, May 16, 2008 12:47 PM
Subject: Re: Correspondence from James McLaren

Dear Mr. McLaren:

I am writing in response to your e-mail dated May 7, 2008 regarding your request that the Dairy Farmers of Ontario meet with you to discuss your proposal.

Under Ontario’s Health Protection and Promotion Act, it is illegal to deliver, distribute, sell or offer for sale milk that has not been pasteurized or sterilized except to a processor licensed under the Milk Act. In addition, the federal Food and Drug Regulations require that all milk available for sale in Canada be pasteurized. These pieces of legislation have been enacted due to the serious health risks associated with the consumption of raw milk.

The Dairy Farmers of Ontario may not market raw milk directly to the consumer and is under no obligation to lobby for changes to the legislation. The Ontario Farm Products Marketing Commission will not intervene in this matter.

Dave Hope,
Chair

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From: James McLaren
To: Dave Hope
Cc: John Karn ; info@ombudsman.on.ca ; bruce.archibald@ontario.ca
Sent: Wednesday, May 07, 2008 2:36 PM
Subject: Failure of DFO to follow MIlk Act

Dear Mr. Hope,

You have been copied on my recent correspondence with the DFO. I am now asking for your assistance in the matter of the DFO's abrogation of its obligations under the Milk Act.

In exchange for their monopoly status, the Milk Act requires the DFO to maximize Ontario's milk production consistent with consumer demand. And as well, the current health legislation ensures the safety of drinking milk for consumers by including pasteurization as a step in the production process and it bans the distribution of raw milk to consumers.

There is, however, consumer demand for raw drinking milk and understandably many consumers have become infected from consuming the raw milk currently produced in Ontario. There are, however, milk production procedures that are different from the ones currently used in Ontario, which can render milk safe for consumers without the need for pasteurization. These have been in place and documented since the 1890's. They are presently used, among other places in England, France, Germany, Austria, Switzerland, California, which have a combined population of 22 times that of Ontario. If there was any safety problem with having a separate set of procedures for raw drinking milk, I think it would have been discovered by now.

I have asked the DFO to initiate the process to make raw drinking milk available in Ontario. They have refused by saying that it is against the law to sell raw milk and they do not have the expertise to know how to make raw milk safe. These reasons are invalid. There is no law which restricts the DFO from developing a second set of production practices to bring raw drinking milk to market and in fact the current law obligates them to do so. As for expertise, they can hire consultants and start with the published procedures of the above named jurisdictions.

Their refusal contravenes section 2(a) of the Milk Act.

Your commission represents the interests of all stakeholders, producers, processors and consumers. As a consumer, I am asking for your intervention in this matter.

Best regards,

James McLaren

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From: James McLaren
To: Dave Hope ; John Karn
Cc: pgould@milk.org ; Bruce Saunders (Office)
Sent: Friday, March 14, 2008 1:02 PM
Subject: Re: Request to meet with the DFO Board re: raw drinking milk

Dear Mr. Karn,

Thank you for your response.

What I hear you say is that you are not presently supplying raw drinking milk because
(a) there is no law permitting it; and
(b) you do not plan to take any action to change this in the future.

I agree with part (a) but take exception to part (b) which is why I request to meet with the Board.

What I'm saying for part (b) is that you have a responsibility under the Milk Act to maximize Ontario's milk production, consumers are demanding safe raw drinking milk including the former Ontario Minister of Finance, and that you therefore have an obligation under the Milk Act to make an application to the Health Department to supply it.

The expertise and the role of the Health Dept. is to review such applications for public safety, but not to create them in the first instance. If you would need some help with the application, I would be pleased to assist you with obtaining the appropriate expertise.

Furthermore in a telephone conversation I had with the former head of microbial hazards for Ontario, Dr. Fred Ruf, he said there were only two reasons why raw drinking milk would not go forward,
(i) the cost to the government of putting in place the appropriate safety monitoring system; and
(ii) the political optics of switching positions from disparaging raw milk to now permitting it.

I therefore restate my request to meet with the Board to discuss part (b) and I call upon Mr. Dave Hope for assistance.

Best regards,

James McLaren

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From: John Karn
To: James McLaren
Cc: dave.hope@ontario.ca ; Bruce Saunders (Office) ; pgould@milk.org
Sent: Wednesday, March 12, 2008 3:15 PM
Subject: Request to meet with the DFO Board re: raw drinking milk

Dear Mr. McLaren,

This will acknowledge receipt of your e-mail and request to meet with the Board.

In your commentary you mention a number of "Acts" but fail to mention the Ontario Health Protection and Promotion Act. This Act prevents the sale and distribution of milk in Ontario that has not been pasteurized.

DFO relies on health officials who have the expertise to decide whether or nor not drinking raw milk poses a health risk. DFO will not consider any raw milk marketing initiatives as long as there is provinicial legislation in place that prevents its sale. Further, DFO does not have any intention to lobby to have health legislation changed because we do not have the expertise to say whether or not raw milk poses a health risk.

The Board's position on this issue is very clear, as is yours. Arranging a meeting would not be a productive use of your time or the Board's.

Notwithstanding, I will make the Board aware of your comments and my response at their next Meeting on March 26/27, 2008 and if they decide they would like to meet with you, I will so advise.

John W. Karn
Secretary to the Board
Dairy Farmers of Ontario
Phone 905-821-8970
FAX 905-821-3160
jkarn@milk.org

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From: James McLaren
To: John Karn
Cc: dave.hope@ontario.ca
Sent: Monday, February 25, 2008 7:56 PM
Subject: Request to meet with the DFO Board re: raw drinking milk

Dear Mr. Karn,

Thank you for your response and for taking the time to present my request to the Board.

As I presume you are aware, the issue of having safe raw drinking milk is simply a matter of establishing a second level of higher production and testing standards, as in England, France, Germany, Austria, Switzerland, California, etc.

The negative response of the Board, however, places the DFO in violation of the Milk Act, the Competition Act and the opinion of your previous Chairman, Mr. Gord Coukell.

The Milk Act grants the DFO a monopoly on the distribution of milk within Ontario and in return expects the DFO, "to stimulate, increase and improve the producing of milk within Ontario." By refusing to market raw drinking milk, the DFO is in clear violation of this public trust. Dairy farmers that want to provide this niche market product are prohibited and driven out of business and overall milk production and consumption are reduced.

The Competition Act declares your Board's position to be an "anti-competitive act" under section 78(1)g, i.e., "adoption of product specifications that are incompatible with products produced by any other person and are designed to prevent his entry into, or to eliminate him from, a market." Such is the case most assuredly with respect to Michael Schmidt, and toward all raw drinking milk producers.

The Board's position is also at variance with the opinion of its prior Chairman, Mr. Gord Coukell, who agreed with me in a telephone conversation that raw drinking milk was feasible at a cost of about 50% more than conventional milk and that it could be brought in under the existing quota system. I would like to understand why it is that the current Board is unable to arrive at such an elementary conclusion.

Therefore I request to meet in person with the Board to discuss these issues and try to reach a mutually agreeable resolution.

I look forward to your response.

I have also copied Mr. Dave Hope, Chair of the Ontario Farm Products Marketing Commission, with my request.

Best regards,

James McLaren

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From: John Karn
To: James McLaren
Sent: Thursday, November 01, 2007 3:06 PM
Subject: RE: Raw milk request

Dear Mr. McLaren,

The Board considered your correspondence at their meeting on October 29 and 30, 2007 and simply wishes to respond by stating that it supports the current position of Dairy Farmers of Canada (DFC) on pasteurization / raw milk, which is as follows, "With the exception of certain raw milk cheeses, DFC supports the legislation in place in all provinces and at the federal level that requires the pasteurization of raw milk".

Thank-you for corresponding with the Board.

John W. Karn
Secretary to the Board
Dairy Farmers of Ontario
Phone 905-821-8970
FAX 905-821-3160
jkarn@milk.org

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From: James McLaren
Sent: Tuesday, October 23, 2007 3:48 PM
To: jkarn@milk.org
Subject: Raw milk request

Thank you for our telephone conversation today and for offering to present the following to the Board.

I represent consumers interested in legalizing the sale of raw milk directly from farmers to consumers. November 26 will be the first anniversary of the raid on Michael Schmidt's farm and we are planning a number of visible activities and events including a press conference to further our goal. We are asking the Board for a letter of support for our initiative along the lines of, "Provided the government puts in place a system that effectively monitors and controls the microbial safety of raw milk for human consumption, we support the right of individual consumers to purchase raw milk directly from farmers." If you are not willing to provide this, then on November 26, raw milk advocates will be publicly adding their voices to those who want an end to the quota system, and/or to bring about a combines investigation into the pricing practices of the DFO as they did in England which resulted in wiping out quota values, and we will look for any and every opportunity to bring negative publicity to the DFO and their practices.

I look forward to your response.

James McLaren

www.naturalmilk.org

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