Dear Governor Tomblin,

I am writing in regards to SB 30 (shared animal ownership). I was very saddened to learn that you vetoed this bill. I own and operate a commercial dairy farm and have done so all my life. Mine is one of the few commercial dairies left in the state: WV was down to 75 as of the 2014 USDA report. Because there are so few dairies left in the state it is difficult to find a cooperative willing to pick up the milk from my dairy. My operation is on track to become USDA certified organic in June 2015. Sadly, I am located so far from any other dairies I cannot find a co-op willing to contract to pick up the milk I produce. With the current laws in WV, I have no other way to sell my milk. Trying to operate organically at conventional milk prices is simply not possible. I had hoped to transition to a herd share operation. From a financial position, this would have allowed my dairy to continue operating. Because of this veto my dairy will likely follow many others in the state and go out of business as well.

There are many, many reasons why I feel herd shares (shared animal ownership) should be legalized. They include economic, nutritional, and very importantly personal freedom of choice. I strongly feel the citizens of West Virginia are an intelligent people, capable of judging any risks associated with consuming raw milk for themselves. Although I would be happy to expound on any of those reasons if asked, I think the defining factor of whether raw milk consumption should be legalized through herd shares is the safety aspect.

The only argument nay-sayers have against raw milk is the argument that raw milk is more dangerous than pasteurized milk. They can spin the CDC disease outbreak numbers in a way that sounds scary, telling you raw milk is 150 times more likely to cause illness than pasteurized milk. It is undeniable that raw milk poses more of a health risk than pasteurized milk. However, if you put the CDC's own numbers in perspective, the health risks from consuming raw milk are extremely small. A CDC report documenting disease outbreaks from 1993-2006 shows only 2 deaths attributed to unpasteurized dairy, specifically cheese, and 0 deaths attributed to fluid raw milk (reference 1). During that 14 year period, there were 930 illnesses and 71 hospitalizations attributed to fluid raw milk.  Looking at more recent data, a search of the CDC Foodborne Outbreak Online Database (current through 2012; reference 2) still shows 0 deaths attributed to fluid raw milk. In 19 years, not a single death from drinking raw milk. The study references a survey performed in 1997 which found approximately 4 million people consume raw milk. With an average of just 66 illnesses and 5 hospitalizations per year that's a 1 in 60,000 chance of becoming ill and a 1 in 800,000 chance of needing hospitalized due to drinking raw milk. A more recent CDC survey conducted in 2007 found that nearly 10 million people (3% of the population) now consume raw milk (reference 3). According to the CDC data in the Foodborne Outbreak Online Database between 2007 and 2012 there were 556 illnesses attributed to fluid raw milk and 31 hospitalizations. These new numbers result in even lower odds: 1 in 72,000 chance of becoming ill and 1 in 1.3 million chance of needing hospitalized. Comparatively, in 2011 alone cantaloupe caused 33 deaths and another 4 deaths in 2012. Compared to other activities, you have a 1 in 11,000 chance of dying in a car crash (reference 4). That is 6.5 times more likely than becoming ill, but not hospitalized, from drinking raw milk. With 800 deaths a year (reference 5) among the 40 million bicycle riders (reference 6), the odds of dying in a bicycle accident are 1 in 50,000. Again, you are more likely to die in a bicycle accident than become sick (without needing hospitalized) from drinking raw milk. In the last 19 years Bridge Day has caused more deaths than fluid raw milk consumption (reference 9). For all that the CDC claims raw milk is so very dangerous, the numbers simply do not back up that claim. So why aren't people allowed to choose to buy part of a cow and consume raw milk from their own animal when they can still ride their bikes, drive their cars and eat cantaloupe? Should the government be stopping us from taking those risks as well?

Although the FDA will tell you raw milk does not differ from pasteurized milk, I can personally attest to the fact that it does. Drinking pasteurized milk makes me physically ill. I have no issue drinking the raw milk I produce. Some good rebuttals to the FDA arguments may be found in reference 7. While I personally believe there are many health benefits to raw milk those benefits are not really at issue here. The FDA deems many, many foods unhealthy that people still have free choice to consume: Duncan Donuts, McDonald's Big Macs, soda pop, potato chips... The list is endless. People consume these things not because they are healthy but because they taste good. And yet all of these things remain readily available to the public. Raw milk should be no different. Many people who try raw milk like the taste better than pasteurized milk - the staff of the Charleston Daily Mail Newsroom included (reference 10)! The main point of making raw milk illegal was to protect the population from a dangerous product. Dairy safety and sanitation standards have come a long way since raw milk was banned in WV. Drinking raw milk now poses less of a risk than eating produce, pork, beef, eggs, poultry, or seafood (reference 8). You are less likely to get an upset stomach from drinking raw milk than you are to die from driving a car or riding a bicycle. In light of that, why wouldn't it be legal to consume raw milk? Why is the government so determined to strip away this right of choice?

I ask you to please consider this information carefully. Do not be fooled by statements from the Health Department that spin the statistics in a way that just isn't true. Return to the people of West Virginia the freedom to make a choice about consuming raw milk from their own animal.

Thank you for your time and may God bless you.

Ernie Fazenbaker
Windy Ridge Dairy
2076 Gladesville Rd.
Independence, WV 26374
304-864-4844


(1) http://wwwnc.cdc.gov/eid/article/18/3/pdfs/11-1370.pdf
(2) http://wwwn.cdc.gov/foodborneoutbreaks/Default.aspx#
(3) http://www.cdc.gov/foodnet/surveys/FNExpAtl03022011.pdf
(4) http://www.cdc.gov/motorvehiclesafety/states/mv_total_deaths.html
(5) http://www.cdc.gov/HomeandRecreationalSafety/Bicycle/
(6) http://www.gluskintownleygroup.com/downloads/The%20US%20Bicycle%20Market%20-%20A%20Trend%20Overview%20Report.pdf
(7) http://www.realmilk.com/wp-content/uploads/2012/11/RebuttaltoFDARawMilkArticle-MAR2012.pdf
(8) http://chriskresser.com/raw-milk-reality-is-raw-milk-dangerous
(9) http://officialbridgeday.com/bridge-day-information/
(10) http://www.charlestondailymail.com/article/20150210/DM06/150219907