Date: Wed, 17 May 2006 12:01:16 -0400
From: "milkregs" <milkregs@...>
To: <codapop@...>
CC: "Michele Phinney" <PHINNEYM@...>,
"Sharmi Das" <SDas@...>
Subject: Re: Regulation10.15.06 proposed change to milk regulations

Dear Mr and Mrs. Collins,

Your email expressing opposition to the Notice of Proposed Action to
amend Regulation .06 under COMAR 10.15.06. Production Processing,
Transportation, Storage, and Distribution of Milk, has been forwarded to
me for a response. As noted in the April 28, 2006, issue of the
Maryland Register, the purposes of this action are to:

1. Remove obsolete references to the retail sale of raw milk, a
practice long prohibited by statute, and

2. Clarify the terms "sell" and "sale" to resolve current
ambiguity regarding whether cow-sharing or agistment arrangements are
included in this prohibition.

The State of Maryland and other federal and state health agencies have
documented a long history of the risks to human health associated with
the consumption of raw milk. Clinical and epidemiological studies from
the Food and Drug Administration (FDA), state health agencies, and
others have established a direct causal link between gastrointestinal
disease and the consumption of raw milk. The microbial flora of raw milk
may include human pathogens present on the cow's udder and teats.
Further, the intrinsic properties of milk, including its pH and nutrient
content, make it an excellent medium for the survival and growth of
pathogenic bacteria.

On August 10, 1987, FDA published 21 CFR Part 1240.61, a final
regulation mandating the pasteurization of all milk and milk products in
final package form for direct human consumption. This regulation
addresses milk shipped in interstate commerce and became effective
September 9, 1987. In the Federal Register notification for the final
rule to 21 CFR Part 1240.61, FDA made a number of findings including the
following:

"Raw milk, no matter how carefully produced, may be unsafe."

"It has not been shown to be feasible to perform routine
bacteriological tests on the raw milk itself to determine the presence
or absence of all pathogens and thereby ensure that it is free of
infectious organisms."

"Opportunities for the introduction and persistence of Salmonella on
dairy premises are numerous and varied, and technology does not exist to
eliminate Salmonella infection from dairy herds or to preclude
re-introduction of Salmonella organisms. Moreover recent studies show
that cattle can carry and shed S. dublin organisms for many years and
demonstrated that S. dublin organisms cannot be routinely detected in
cows that are 'mammary gland' shedders."

During this rulemaking process, the American Academy of Pediatrics and
numerous other organizations submitted comments in support of the
proposed regulation. In deciding upon mandatory pasteurization, FDA
determined that pasteurization was the only means to assure the
destruction of pathogenic microorganisms that might be present. This
decision was science-based, involving epidemiological evidence. FDA and
the Centers for Disease Control and Prevention (CDC) in Atlanta have
documented illnesses associated with the consumption of raw milk,
including "certified raw milk" and have stated that the risks of
consuming raw milk far outweigh any benefits. Based on research, which
has failed to demonstrate a significant difference between the
nutritional value of pasteurized and unpasteurized milk, the FDA and CDC
reiterate that the health risks associated with raw milk consumption far
outweigh the benefits.

Numerous documented outbreaks of milk borne disease involving
Salmonella and Campylobacter infections have been directly linked to the
consumption of raw milk in the past twenty years. Since the early
1980's, cases of raw milk-associated campylobacteriosis have been
reported in the states of Arizona, California, Colorado, Georgia,
Kansas, Maine, Montana, New Mexico, Oregon, and Pennsylvania. An
outbreak of Salmonellosis, involving 50 cases was confirmed in Ohio in
2002. Recent cases of E. coli O157:H7, Listeria monocytogenes and
Yersinia enterocolitica infections have also been attributed to raw milk
consumption.

State health and agricultural agencies utilize the U.S. Public Health
Service/FDA Pasteurized Milk Ordinance (PMO) as the basis for the
regulation of Grade "A" milk production and processing. The PMO has been
sanctioned by the National Conference on Interstate Milk Shipments
(NCIMS) and provides a national standard of uniform measures that is
applied to Grade "A" dairy farms and milk processing facilities to
assure safe milk and milk products. Section 9 of the PMO specifies that
only Grade "A" pasteurized milk be sold to the consumer.

In summary, since raw milk may contain infective doses of human
pathogens, its consumption increases the risk of a variety of illnesses.
Even when milk is produced and handled under sanitary conditions, the
only proven, reliable method of reducing the level of human pathogens in
milk and milk products to safe levels is pasteurization. The FDA has
strongly advised against the consumption of raw milk. As the State
agency responsible for health of the citizens of Maryland, the
Department of Health and Mental Hygiene cannot, in good conscience,
condone or encourage the sale of raw milk.

Thank you for taking the time to express your position on this issue.

Sincerely,

Ted Elkin, Deputy Director
Office of Food Protection and Consumer Health Services