September 9, 2003

PROPOSED REGULATIONS WILL WIPE OUT SMALL CHEESE PRODUCERS IN VIRGINIA

To ALL Action Alert Members: This is a very important issue and we are asking all recipients to either email or call about the Proposed Regulations in the State of Virginia. You do not need to be from the State of Virginia to do this--if you email or call, they will not know which state your are from!

Proposed regulations adopted by the Virginia Department of Agriculture and Consumer Services (VDACS) to be effective January 1, 2004 will wipe out small cheese produces in Virginia unless amendments are added to exempt farmers producing cheese from the milk of their own animals and selling it directly to consumers on the farm and at farmers' markets.

Costs to comply with the new regulations total approximately $50,000. Cheese may no longer be made in the home-farm kitchen. Pasteurization, using only approved and costly pasteurization equipment, of all milk for fresh cheeses is mandatory. In addition, no cheese may be sold without a permit and such permit may be denied if business is not done on a daily basis.

These regulations were adopted even though no evidence was presented that direct farmer to consumer cheese sales have caused any problems in Virginia. In Virginia cheese sales to stores or restaurants are already regulated under the Virginia Food Laws.

Bowing to intense pressure from small farmers, the Joint Commission on Administrative Rules ordered mediation between VDACS and the small farmers to work out such an exemption before the Commission's next meeting in November. With the concurrence of the Governor, this Commission has the power to suspend the effective date of the regulation until after the 2004 Virginia General Assembly meets, so that further legislative changes may be made to the regulations if a compromise is not reached concerning exemptions.

Action to take:

1. Highlight the letter below and paste it in an email it to mark.warner@governor.virginia.gov.
   
   You may make changes or additions you wish after pasting it into the email you will send...
   
   
   UPDATE, 09/10/03: A number of Action Alert subscribers indicated that e-mails they sent to Gov. Warner using mark.warner@governor.virginia.gov bounced. This address came from the governor's office. If you have this difficulty, you can go to the following link to send your e-mail to the Governor: http://mailhost.groundspring.org/cgi-bin/t.pl?id=33736:781945.
   
   OR
   
2. Phone the governor's office at (804) 786-2111 and express your support for small farms in Virginia
   
   OR
   
3. If you live in the state of Virginia, fax the letter to (804) 371-6351
   
   OR
   
4. If you live in the state of Virginia, mail the letter to the following address:
   
   The Honorable Mark Warner, Governor P.O. Box 1475 Richmond, VA 23218

--SAMPLE LETTER--

The Honorable Mark Warner, Governor P.O. Box 1475 Richmond, VA 23218

RE: 2 VAC 5-501, Regulations Governing the Cooling, Storing, Sampling and Transporting of Milk.

RE: 2 VAC 5-531, Regulations Governing Milk for Manufacturing Purposes.

Dear Governor Warner:

I am opposed to the above referenced regulations unless amendments are included to exempt farmers producing cheese from the milk of their own animals and selling it directly to consumers on the farm and at farmers' markets. The proposed regulations are far too costly and burdensome. They will drive the small farmers, who produce their own special varieties of cheese, out of business.

Food produced and sold locally by small farmers is far safer than the agribusiness products that are shipped across country in massive quantities. Virginians are entitled to choose for themselves which food products they wish to consume. Small farms are much more sustainable and environmentally friendly than quasi-industrial farming enterprises.

I understand that the Joint Commission on Administrative Rules has ordered mediation between the Virginia Department of Agriculture and Consumer Services and the small farmers to work out exemptions to the regulations. If a compromise cannot be reached, I urge you to suspend the effective date of these regulations until after the 2004 Virginia General Assembly meets, so that the legislature can address the matter.

Thank you for your time and attention.

Very truly yours,

--Your Name--

This page was posted on 09/22/03