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A New York gallery has reportedly offered cheese made with the breast milk of three nursing women as part of a research project studying the ethics of modern biotechnology. The Lady Cheese Shop, a temporary art installation, recently gave out samples of West Side Funk, Midtown Smoke and Wisconsin Chew made from breast milk, screened for diseases and pasteurized. Miriam Simun, a New York University graduate student responsible for the art installation and the cheese, told a news source that she hoped her effort prompted people to contemplate how human bodies are used as “factories” that produce blood, hair, sperm, eggs, and organs harvested for others. “Cheese is a conversation starter,” Simun was quoted as saying. “Some people are loving it, and some people are gagging.” See Reuters, May 2, 2011.

Chinese authorities have reportedly seized more than 25 tons of melamine-tainted milk powder from Chongqing-based Jixida Food Co. Ltd., detaining three suspects on allegations that the company planned to use the adulterated ingredient in its ice cream. Found in a warehouse, the contaminated stock evidently included some powder purchased approximately one year ago, although officials claimed that none had been used in ice cream production. According to media sources, investigators have traced the milk powder to a trading company in the Guangxi Zhuang Autonomous Region and a dairy in the Inner Mongolia Autonomous Region. The arrests were apparently part of a 100-day food safety campaign organized by the Chongqing police. In 2008, China faced a widespread scandal involving melamine-tainted milk and infant formula that affected an estimated 300,000 people. See The Associated Press and Global Times, April 27, 2011.

EPA has issued a final rule exempting milk, milk product containers and milk production equipment from Oil Spill Prevention, Control and Countermeasure (SPCC) regulations. Effective June 17, 2011, the rule could potentially save the milk and dairy industries more than $140 million a year by eliminating “unnecessary burdens,” according to EPA. Implemented in the 1970s to protect U.S. inland waters and shorelines, SPCC regulations require facilities storing more than 1,320 gallons of oil to “create and implement plans to prepare, prevent and respond to oil spills.” The exemption does not apply to “fuel oil and other applicable oils stored on farms, farms that store the regulatory threshold of fuel oil and other applicable oils covered under the SPCC.” Because some facilities may still have oil storage subject to SPCC regulations, the rule also excludes milk storage capacity from a facility’s total oil storage capacity calculation and removes compliance date requirements…

An organization that promotes family-scale farming and organic foods has called on the Federal Trade Commission (FTC) to investigate Dean Foods, which purportedly claims that its Horizon “milk with Omega-3 DHA” products support brain and eye development in children and benefit pregnant and nursing women. In its April 21, 2011, letter, the Cornucopia Institute details the company’s allegedly false and misleading claims “targeted to pregnant women and children” and urges the agency to enjoin the company, if appropriate, to prevent further false and misleading marketing claims. According to the institute, the company is also promoting its Horizon milk as “natural nourishment . . . without the additives you’d rather avoid,” despite using a DHA oil that is “an extract from mutated and fermented algae that have never been part of the human diet.” The letter notes that in 2004 FTC questioned whether the company that makes the DHA supplements added…

The U.S. Department of Justice (DOJ) has reached a settlement with Dean Foods Co. over antitrust concerns about its acquisition of the Foremost Farms USA Coop. Under the agreement, which will be published in the Federal Register for comment and must undergo court approval, Dean will “divest a significant milk processing plant in Waukesha, Wis., and related assets . . . including the Golden Guernsey brand name.” The agreement also apparently requires Dean to “notify the department before it makes any future acquisition of milk processing plants for which the purchase price is more than $3 million.” According to DOJ, the divestiture will “restore competition in the sale of milk to schools, grocery stores, convenience stores and other retailers in Illinois, Michigan and Wisconsin.” See Department of Justice Press Release, March 29, 2011.

The U.S. Environmental Protection Agency (EPA) and Food and Drug Administration (FDA) have issued a joint March 30, 2011, statement confirming traces of radiation in domestic cow’s milk, which the agencies have been monitoring since an earthquake and tsunami in Japan compromised the Fukushima prefecture’s nuclear power plant. A screening sample taken near Spokane, Washington, apparently contained 0.8 pCi/L of iodine-131, an amount “more than 5,000 times lower than the Derived Intervention Level set by FDA.” Based “on very conservative assumptions,” this level defines the threshold at which “protective measures would be recommended to ensure that no one receives a significant dose.” “Iodine-131 has a short half-life of approximately eight days,” said the agencies. “These types of findings are to be expected in the coming days and are far below levels of public health concern, including for infants and children.” See FDA’s Radiation Safety: New and Updated Information, March 29,…

The Codex Committee on Methods of Analysis and Sampling has reportedly endorsed guidelines providing regulators and the dairy industry a standard reference for testing melamine in dairy products, including powdered infant formula. Developed by the International Dairy Federation (IDF) and the International Organization for Standardization (ISO) in the wake of a melamine contamination scandal in China that purportedly sickened thousands of young children, the guidelines represent an internationally harmonized procedure that will allow authorities to determine if levels of melamine in dairy products exceed the Codex maximum level of 1 mg melamine per kg of product. The Codex Alimentarius Commission will consider the committee’s endorsement and vote on the guidelines’ adoption in July 2011. The guidelines, titled “ISO/TS 15495 IDF/RM 230:2010, Milk, milk products and infant formulae—Guidelines for the quantitative determination of melamine and cyanuric acid by LC-MS/MS,” reportedly provide advice about sampling, test procedures and performance with examples of…

A British Columbia resident who operates a “cowshare” that produces and distributes raw milk to members has filed a lawsuit against the provincial government challenging a regulation that prohibits the sale of milk that has not been pasteurized. Jongerden d/b/a Home on the Range v. The Queen, No. S-111196 (Sup. Ct., British Columbia, filed February 23, 2011). According to the complaint, the plaintiff has been cited for packaging and distributing raw milk for human consumption and was further cited for contempt when she continued to sell the milk after labeling it as “not for human consumption.” The plaintiff contends that raw milk has beneficial health effects and that the ultra vires regulation has prevented her from obtaining and consuming raw milk from a lawful source.

“Each year, federal inspectors find illegal levels of antibiotics in hundreds of older dairy cows bound for the slaughterhouse,” opens this article about the Food and Drug Administration’s (FDA’s) recent decision to begin testing milk from farms “that had repeatedly sold cows tainted by drug residue.” Concerned that “the same poor management practices which led to the meat residues may also result in drug residues in milk,” FDA evidently singled out approximately 900 dairy farms for testing that would include “two dozen antibiotics beyond the six that are typically tested for.” The new protocol also covered flunixin, “a painkiller and anti-inflammatory drug popular on dairy farms . . . which often shows up in the slaughterhouse testing.” Although the plan reportedly drew support from consumer advocates like the Center for Science in the Public Interest, it prompted a backlash from dairy farmers and state regulators who objected to the week-long…

According to a news source, a co-defendant in litigation alleging a price-fixing conspiracy in the northeastern U.S. milk market has filed objections to the tentative deal reached by Dean Foods Co. and the dairy farmers who filed the lawsuit. Allen v. Dairy Farmers of Am., No. __ (D. Vt., settlement reached December 24, 2010). More information about the settlement, which must be approved by a court, appears in Issue 376 of this Update. Dairy Marketing Services, LLC and a number of individual dairy farmers have also apparently opposed the settlement. The objectors contend that the settlement will result in price erosion for all dairy farmers and creates “both winners and losers in the class of dairy farmers represented by a single law firm by taking market access from one group of dairy farmers at the expense of another within the same class.” They also claim that the small settlement of…

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