The agency is simply implementing changes to the state’s raw milk regulations that became law this year, responded Diane Bothfeld, deputy secretary of dairy policy.
Those changes allow Tier 2 raw milk producers, or farmers generating more than 50 quarts per day, to deliver their product to customers’ homes or farmers markets.
Previously, raw milk could only be sold at the farm where it was produced. Since the new point of delivery rules became law, the number of Tier 2 producers has grown from two to eight with several more slated to increase production to that level soon, said Andrea Stander, director of Rural Vermont.
But the way the Agency is implementing the law change threatens that growth, Stander said.
The original raw milk law, passed in 2009, required producers to regularly send milk samples to certified labs to check bacteria levels. A new policy requires that samples be sent to labs in the containers in which the milk will be sold.
That requirement is wasteful and will make it costly to have their milk tested, milk producer Rich Larson said.
The new regulations took effect Wednesday, and Stander said despite a formal letter to the Agency of Agriculture, producers were not given an opportunity weigh in on how the rules would be implemented.
Rich and Cynthia Larson, Tier 2 producers from Wells, said the regulations were implemented “suddenly,” and caught them off guard.
The agency contacted all Tier 2 producers registered at the end of August and delayed implementation by a month, Bothfeld said, adding that the regulations were originally set to take effect in September.
The agency is implementing new laws, not going through a formal rulemaking process, Bothfeld said, and no public comment period was required.
However, Bothfeld said the agency is willing to take input from producers and Rural Vermont, but that can’t happen until early November because the agency needs time to review its own policies.
Farmers expressed concern that during the interim their businesses could suffer and they could face fines if they’re unable to comply with the new regulations.
Labs only need a two-ounce sample to test for bacteria, said Nick Zigelbaum, director of Bob-White Systems Inc., an FDA certified laboratory in South Royalton. Farmers typically sell their milk in half-gallon or quart containers.
Zigelbaum joined the producers and advocates Wednesday, because he said the state should be making it easier for farmers to have their products tested, not create barriers to testing.
Bothfeld said the new law requires that sale containers be tested in addition to the milk to ensure there’s no bacteria in the containers that’s not also in the milk.
Her agency, charged with implementing the change, decided that requiring samples to be sent in the sale container was the best way to do that.
In addition to Bob-White Systems, farmers can send their samples to the state-run lab, which is temporarily housed at the University of Vermont in Burlington.
Testing is free at the state lab, but Bothfeld acknowledged that for some producers, sending their samples to Burlington could be costly.
The state lab was formerly more centrally located in Waterbury, but was moved after it flooded during Tropical Storm Irene. The agency is still awaiting permission to rebuild a permanent facility in Randolph, Bothfeld said.
The agency is willing to see if there is another way to check sales containers for bacteria, Bothfeld said.
Producers must notify all delivery customers if a sample exceeds the bacteria threshold for raw milk.
Vermont’s raw milk law is based on the informed consent of consumers, Bothfeld said, and producers were previously able to meet that requirement by posting bacteria levels at the farm.
But now with additional points of delivery, consumers must be notified of the most recent bacteria counts at that place.
It’s not uncommon for producers to have milk retested to ensure accurate results, Larson said, but with the increased cost of testing, he’s worried he might lose customers or face fines.
Gov. Peter Shumlin walked passed the news conference on his way from the Statehouse, and took a moment to chat with farmers.
Shumlin voiced support for the fledgling raw milk industry, and said he drinks raw milk occasionally, but didn’t wade into the discussion.