Summary
Wise Traditions podcast interviews attorney Pete Kennedy about the legal landscape of raw milk distribution in the United States. Kennedy discusses the Farm-to-Consumer Legal Defense Fund's role in defending raw milk farmers and expanding legal access from 26 states in 1999 to 43 states today. He details landmark legal cases including the Vernon Hirschberger acquittal in Wisconsin and the Alvin Schlangen case in Minnesota. Kennedy explains the herd share model as a legal workaround in states where raw milk sales are banned, and identifies the remaining seven holdout states. He argues that raw milk bans are business protection laws disguised as public health measures and predicts legal access in all 50 states within a few years.
Key Points
- Raw milk distribution went from legal in 26 states in 1999 to 43 states today
- The Farm-to-Consumer Legal Defense Fund has helped over 1,000 farmers set up herd share agreements
- Herd shares allow consumers to buy ownership interest in a cow, legally accessing raw milk in ban states
- Seven states still prohibit raw milk: Delaware, Hawaii, Iowa, Louisiana, Nevada, New Jersey, Rhode Island
- Key legal victories include the Vernon Hirschberger acquittal in Wisconsin and Alvin Schlangen in Minnesota
- Kennedy argues outbreaks attributed to raw milk are declining even as consumption increases
- Raw butter, cream, yogurt, and young cheeses remain illegal in most states despite raw milk legalization
- Consumer advocacy from Weston A. Price Foundation members has been the primary driver of legislative change
Key Moments
Raw milk legal in 43 states, up from 26 in 1999
Attorney Pete Kennedy explains that raw milk distribution has gone from legal in 26 states in 1999 to 43 states today, with the Campaign for Real Milk and Farm to Consumer Legal Defense Fund driving the expansion.
"And today that number stands at 43. And Sally has always, one of her long-term goals has always been legal access in every state to raw milk. And that day is getting closer."
Herd shares as a legal workaround for raw milk access
Kennedy explains the herd share model where consumers buy ownership interest in dairy cows, allowing them to legally access raw milk in states where sales are banned, since you cannot sell something to someone who already owns it.
"So, just theory being that you can't sell something to someone that they already own."
Seven holdout states still ban raw milk
Kennedy identifies the seven remaining states where raw milk is effectively illegal: Delaware, Hawaii, Iowa, Louisiana, Nevada, New Jersey, and Rhode Island, predicting all will legalize within a few years.
"Let's see, Louisiana, Nevada, where it's actually technically it's legal in Nevada, but with the hoops you have to jump through, no one's been able to jump through those hoops. So we're, we call that, we say it's illegal in that state, then New Jersey and Rhode Island. And, you know, it And people in those three states just either go over to the neighboring states or someone from the neighboring state brings it in. And it's probably cost each of the states millions of dollars in revenues over the years."
