Organic Pastures Dairy Petitions FDA with Latest Raw Milk Science


FDA Citizens Petition

by Mark McAfee, Guest Blogger

Our final FDA Citizens Petition with supporting raw milk science documents and references is exactly 500 pages including the covers both back and front. What a document!! A great read if you like truth and real science….the NIH and UC Davis research is awesome!!

We are proud that this 500 page Citizens Petition complete with raw milk science on “why raw milk is very much in the citizens interest” is in the mail and will arrive at the FDA tomorrow afternoon. See our 13 page petition here: FDA-Citizens-Petition-Raw-Milk. To request a copy of the entire document contact Hartke is Online! on

This nation is suffering at the farmer economic level and consumer nutritional and immune level. This CFR 1240.61 FDA Citizens Petition is a redress of this nutritional suffering and civil injustice.

The nutritional rights battle rages forward and hopefully very soon high quality raw milk will flow to all people from their farmers across state lines.

In 2008, OPDC filed a Citizens Petition under FDA regulations that permit an administrative review of FDA policies. Current FDA regulations under CFR 1240.61 forbids the shipment or sale of raw  milk over state lines. The 2008 Citizens Petition (Docket # FDA-2009-P-003) challenged this regulation and requested that the FDA permit raw milk that is legally produced and sold in one state to be transported and shipped to an adjoining state if that adjoining state also permitted the sale of legal raw milk.

Under FDA regulations, the FDA was required to respond to the petition in less than 180 days. After four years the FDA refused to respond to the Citizens Petition. After a law suit was filed by Gary Cox at the FTCLDF and just two weeks prior to the first hearings of the “Writ of Mandamus” lawsuit the FDA submitted its answer to the Petition. In the answer, the FDA claimed that interstate commerce of raw milk was “NOT IN THE PUBLIC’S INTEREST” and it was NOT IN THE INTERESTS OF THE FDA. This was no surprise. What was a huge surprise were the facts that were submitted by the FDA. One of the most glaring misstatements was the listing of 49 deaths from pasteurized cheese in 1985 ( Jalisco Cheese incident ) as raw milk illnesses and deaths! This a misstatement of the facts. The Jalisco Cheese labels said “pasteurized cheese” not raw milk. The list of FDA misstatements and denial of science went on and on. The FDA could get away with this because they were not under federal court review. This time it is different.

In response to the FDA answer, I drafted a response and asked that the federal judge review the case and allow OPDC to provide additional raw milk science and other information for consideration. After all, the FDA had waited more than 4 years to respond to the Citizens Petition and during that those four long years the international science community had published many compelling studies on the benefits and safety of raw milk for human consumption. UC Davis raw milk researchers had begun to publish its “Splash News Letters” and the scientific world had made major change in support of raw milk. 

The final draft of the Citizens Petition was worked on and crafted by FTCLDF attorneys Gary Cox, Stephanie Rocha and with some proof reading assistance from Pete Kennedy and others. In its final form, it is a definitive argument that mandates that the FDA looks at its own National Institutes of Health Human Biome studies and its own scientific conclusions paid for by tax payers dollars. The Citizens Petition makes a water tight argument that clean, tested, inspected, legal “raw milk is very very much in the public’s interest” and that the FDA must review its decision in light of 500 pages of leading edge research and published peer reviewed data or face a Federal judge that will mandate change of policy in spite of the FDA administrative process.


Raw milk is healthy for growing children. Modern knowledge and testing methods provide safety for the consumer.

We are very excited that progress has been made at all levels of the battle for Americans immune systems and access to clean safe non allergenic digestible delicious raw milk. The Citizens Petition is not only a source of pressure on the FDA, it is also a source of education for anyone who wants to become enlightened about the underlying physiology of why US Citizens are so sick, immune depressed and afflicted with auto immune disorders. After all it was our $4 billion tax dollars that funded the FDA- NIH studies that explain the human biome and the critical role of bacteria in our lives and GUT. This wonderful research discovered the essential role of bacterial biodiversity and how this Disappearing  Human Micro Biota and the whole foods that feed this GUT ecosystem are at the very basis of our health.

Raw milk contains this biodiversity and the special sugars that feed and nourish it. Every American should and must have the right to access a farmer and drink this life and health giving food and no government agency should be able to block consumers access across a state line or erect any other barrier. It is a human nutritional right and this Citizens Petition if required will find its way into the highest levels of the courts in our great land and true nutritional justice will be done!

This petition is our effort for all the kids and families behind the great raw milk wall erected at state lines.


Mark and Blaine McAfee with baby calf

Mark McAfee is the owner of Organic Pastures Dairy, based in Fresno California. He was instrumental in the National Farmers Union adding pro-raw milk policies to their 2013 policy guide.


  1. I’ve had their milk and butter before — it’s awesome. They sell it at the Santa Monica farmers market on Wednesday mornings and at Co-oportunity (local co-op), but I’m sure you can get it elsewhere. If you haven’t tried raw milk … you’re missing out!


  1. […] Our final FDA Citizens Petition with supporting raw milk science documents and references is exactly 500 pages including the covers both back and front. What a document! Read more. […]

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