 |
 |
 |
 |
|
 |
 |
|
 |
16. Section conclusions on the safety of raw milk for drinking
Under Section 7 of the Charter, consumer rights for equal access to a nutritionally
superior product identified as being safe would require the implementation of a certified
raw milk distribution system, either direct or retail or both. We recommend the adoption
of any one or a combination of such regulations presently in place and presented herein
from England, Massachusetts and the AAMMC.
We have shown that raw milk is safe for human consumption under direct consumer
distribution as indicated by Health Canada’s own Senate evidence. And under Section 15
of the Charter, consumer rights for direct distribution of raw milk would require that a
legislative exemption be added to our mandatory pasteurization law in the Food and
Drugs Act. Our suggested wording is, “Except individuals, for their own use and not for
resale, may purchase the raw milk, cream, butter and cheese, not otherwise regulated in
part or in whole by this Act or its regulations, of a cow, goat or sheep from its owner. The
owner or a person under his direction and control may deliver the product.” With a
certified system in place to protect the health of all raw milk consumers, this provision
would still be required to respect the rights of educated raw milk consumers,
notwithstanding the need for a public education program directed at uneducated
consumers to drink only certified raw milk.
The implementation of both these proposals, together with the appropriate consumer
education programs would respect and protect the rights and health of all raw milk
consumers, educated and uneducated alike, and without any Charter violations which we
would go to court over.
We also recommend that the Food and Drugs Act be amended to legalize the sale of raw
meat, fish, poultry and eggs and liquor, which is presently illegal under Sections 4(a) and
4(b). Any such amendments should be carefully examined to ensure conformity with the
equality provisions of the Charter, Section 15, in respect of raw milk consumers.
 |