What is the current legal situation in BC surrounding farm-fresh, unprocessed milk?
The current situation is, that like all other provinces, all food products in BC are controlled and regulated from harvest to plate under the Natural Products Marketing Act (other provinces have similar legislation, just with different names). The B.C. Milk Marketing Board Regulation under this Natural Products Marketing Act gives the BCMMB complete control over all milk produced in the province, even milk produced by a family cow!
Important: As all commerce in Canada is regulated by Canadian law, herdshares in Canada cannot legally operate as “private buying clubs” and sell raw milk as some do in the U.S. Raw milk cannot be sold in Canada as “pet food” as is it is legally sold in five U.S. states or “cosmetics” as it is sold in Australia.
Unpasteurized milk is regulated under section 6 of the Milk Industry Act and section B.08.002.2 (1)1 of the federal Food and Drug Regulation, both of which prohibit the sale of raw milk. In Canada, unlike the U.S., there is no legal distinction between “private” and “public” commerce — all commerce in Canada is regulated.
But British Columbia, of all provinces and states, is unique in that under BC law (specifically section 2(a) of the Health Hazard Regulation under the Public Health Act), unpasteurized milk is defined as being a “health hazard,” and to cause a health hazard is punishable by a maximum of a $3M fine or 3 years in jail. This, for a product which can be purchased in grocery stores and direct from farms in Washington State and California. An FOI request this June (see PDF at this link) revealed that the BC government has no evidence or documentation supporting the original passage of this law in 1988. One would expect correspondence, studies, consultations with stakeholders, reports, meeting minutes, and other records for such a important law which has had such devastating consequences for farmers — but none exist.
This current legal situation has created a “black market,” creating a climate of fear and putting both farmers and consumers at risk. Canada was founded by fresh-milk farmers, and yet this product, part of our history and heritage, is now illegal.
The B.C. Herdshare Association exists because we believe that, as in other nations, our farm-fresh unprocessed milk deserves to be legally available, farm to consumer, without the risks of a “black market.” We have a large and growing herdshare community in the province. Eighty-nine percent of Canadian dairy farmers drink their own farm-fresh milk according to a 2010 study, so we know it is safe.
We are working toward dialogue with government, with the goal of trying to modernize our laws here in BC. Change will not happen overnight, but forming this organization and reaching out to those who write the laws are first two steps.
- See our newsletter for an update on progress with government talks.
- See also this “Raw Milk Policy” information website, created by one of our members.
From Report of the British Columbia Royal Commission on Milk 1954-55:
|“I have no hesitation in recommending that the Legislature enact laws providing that all milk intended for human consumption … should be pasteurized. There would, of course, have to be certain exceptions. I do not suggest that a person who really wants to drink raw milk and is prepared to accept the risk of doing so should be deprived of that privilege. There is undoubtedly a market for raw milk, and I think that farms producing milk which is intended to be sold for human consumption without pasteurization should be subject to special inspection, as is presently carried out on a number of farms on Vancouver Island, and should be given a special grade such as triple A.” – the Honourable Justice John V. Clyne, Judge of the Supreme Court of B.C., Commissioner.|