Free Republic

Like a fighter down for the count who gets back on his feet at the last moment, and then stuns spectators by knocking the opponent back on his heels, the team of Organic Pastures Dairy Co. and Claravale Farm scored a big win in a California courtroom today. Superior Court Judge Harry J. Tobias rejected the state’s heavy hitters from office of the Attorney General and the California Department of Food and Agriculture, and granted OPDC and Claravale a temporary restraining order prohibiting enforcement of AB 1735 and its ten-coliform-per-milliliter standard that had threatened to shut the dairies down.

The California raw milk situation is on the verge of becoming as dire as the state’s two producers predicted it would since they learned about AB1735 at the end of last year. Now the stage is set—Monday afternoon in California’s San Benito County Superior Court in Hollister—for a judge to hear a request from Organic Pastures Dairy Co. and Claravale Farms to issue a temporary restraining order barring enforcement of AB1735 and its coliform standard.

Californians’ easy access to raw milk—it’s available in 350 health food stores and 40 Whole Foods grocery stores around the state—has been placed in serious jeopardy by a few words about a bacteria standard included in Assembly Bill 1735, a piece of agriculture legislation signed into law a couple weeks ago by Gov. Arnold Schwarzeneger, and due to take effect January 1. Also in jeopardy is the mini-empire built up by Mark McAfee, owner of Organic Pastures Dairy Co., the dairy that supplies about 95% of the state’s unpasteurized milk, consumed by more than 100,000 Californians each week. Mark has...