From: James McLaren
To: yheggie@ombudsman.on.ca
Cc: george.mccaw@ontario.ca
Sent: Thursday, October 14, 2010 6:43 PM
Subject: Request for the Assistance of the Ombudsman
Dear Ms. Heggie,
Further to our earlier telephone conversations I am now formally requesting
the assistance of the Ontario Ombudsman with respect to the Ontario
Farm Products Marketing Commission (OFPMC). This concerns their obligations
under the Milk Act to stimulate and improve the marketing of milk and
milk products and to select, develop and maintain research programs
thereto.
In my emails below, I have asked OFPMC about researching into dairy
production procedures which would produce raw milk of sufficiently high
quality that it could be safely consumed raw without pasteurization,
unlike the current procedures which require pasteurization for milk
to be consumed safely. In my last email I asked OFPMC to respond within
two weeks with respect to their intention to carry out said research
but they failed to respond.
Therefore, could you please intervene with OFPMC on my behalf to convince
them to undertake said research.
Best regards,
James McLaren, CA
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From: James McLaren
To: McCaw, George (OMAFRA)
Cc: geri.kamenz@ontario.ca ; john.burke@ontario.ca ; yheggie@ombudsman.on.ca
Sent: Monday, September 27, 2010 3:52 PM
Subject: Re: Correspondence from James McLaren
Dear Mr. McCaw,
Thank you for acknowledging you read my email. However, you must have
some misunderstanding as to why I wrote it. Therefore, to be clear,
could you please answer the following question with a simple yes or
no.
Does OFPMC intend to conduct or oversee any formal research on production
procedures as noted in my previous email of September 16, 2010 that
will produce raw milk of sufficiently high quality so that it can be
safely consumed raw without pasteurization?
If the answer is yes, please provide an overview with timeframes.
If the answer is no, please explain your position because there is an
apparent contravention of the obligatory research provisions of the
Milk Act.
I would appreciate your response within two weeks, by October 11, 2010.
If I do not hear from you by then, I will involve the Ontario Ombudsman.
Regards,
James McLaren, CA
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From: McCaw, George (OMAFRA)
To: James McLaren
Sent: Wednesday, September 22, 2010 2:48 PM
Subject: Re: Correspondence from James McLaren
Mr. McLaren
Geri Kamenz has asked me to reply to your e-mail to him of September
16, 2010. I would like to thank you for sharing this information and
your views on this issue.
George McCaw
Director, Commission Secretariat
Farm Products Marketing Commission Secretariat
1 Stone Road West, 5th Floor
Guelph, Ontario
Tel: 519 826 3394
E-mail george.mccaw@ontario.ca
--------------------------------------------------------------------------------
From: James McLaren
To: geri.kamenz@ontario.ca
Cc: yheggie@ombudsman.on.ca ; john.burke@ontario.ca
Sent: Thursday, September 16, 2010 3:11 PM
Subject: Re: Correspondence from James McLaren
Dear Mr. Kamenz,
Further to OFPMC's last email below, I am not asking you to change
the current legislation and sell today's raw milk to the public. What
I am asking you to do is to undertake research and to evaluate alternative
dairy production protocols that are already found in other countries
that provide raw milk which is safe enough to consume without pasteurization.
Safe raw drinking milk is sold directly to the public in every G-8 country
except Canada. Statistics on the safety of ready-to-eat foods were presented
at Michael Schmidt's trial by Dr. Theodore Beals, MD who was accredited
by the Ontario Court Of Justice as an expert witness. Details of his
credentials and experience are in the attached court affidavit. A major
US study ranked the safety of 14 ready-to-eat foods. On a per annum
basis, pasteurized milk was the second most hazardous public health
risk, while raw milk was fourth. As a matter of interest, deli meats
were the most hazardous.
Furthermore a precedent has already been set in Canada for the sale
of safe raw dairy products. In Quebec, a new raw dairy production protocol
was enacted for the sale of raw cheeses ripened for a period of less
than 60 days. This was to benefit producers and consumers in that province.
Surely Ontario could undertake a similar initiative.
You have both the authority and the responsibility to research whether
an alternative dairy production protocol could produce a raw milk which
would meet Canadian safety standards without the need for pasteurization.
(Please refer to Milk Act sections 2(a), 3(1)b, 3(1)c). If you or the
DFO don't have the expertise for this, then you can hire the expertise.
As far as I understand, this would involve a formal submission to Health
Canada for a safety assessment and in the interests of economy, you
could simply package Michael Schmidt's dairy procedures for this purpose.
He has already agreed to this.
Also, any lobbying for legislative changes should only take place once
the appropriate research has been conducted and a safety assessment
has been obtained.
Thank you in advance for your kind attention to this matter and I look
forward to your response.
Best regards,
James McLaren, CA
--------------------------------------------------------------------------------
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
--------------------------------------------------------------------------------
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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