raw milk

21 Sick in Florida After Consuming Raw Milk

Wed, 06 Aug 2025 21:38:11 GMT

Raw milk consumption is again in the spotlight as the Florida Department of Health reported 21 cases of Campylobacter and E. coli infections linked to this unpasteurized product. Among the affected, six are children under the age of 10. This situation raises concerns over the sanitation practices of a specific Northeast/Central Florida farm. With seven hospitalizations reported, this incident underscores the risks associated with raw milk, which can harbor harmful bacteria leading to serious health issues.

Understanding the Risks
E. coli and Campylobacter infections are known for causing uncomfortable symptoms such as diarrhea, vomiting and stomach cramps. Alarmingly, these infections can escalate to severe conditions like kidney failure, especially in young children. The state’s health department emphasizes the importance of awareness as raw milk is legally sold in Florida only as pet or animal food, limiting regulatory oversight on its safety for human consumption. Containers carrying raw milk are mandated to be labeled clearly for non-human use, which ostensibly serves as a safety warning.

Federal Warnings Versus Proponent Advocacy
The situation in Florida comes amid federal health advisories cautioning against raw milk consumption due to the ongoing bird flu outbreak in the U.S. Despite such warnings, U.S. Health Secretary Robert F. Kennedy remains a vocal supporter of raw milk, highlighting its unique nutritional profile. In recent public statements, Kennedy toasted with raw milk, promoting what he claims are the product’s additional health benefits. He cites emerging research on the dietary benefits of increased protein and fats, areas where he believes the dairy industry excels.

Commissioner of Agriculture Wilton Simpson states Florida’s pasteurized milk supply is safe, nutritious and closely controlled from the farm to your local grocery store.

“There have been no reported illnesses from pasteurized milk products in Florida, so Floridians should continue to buy and enjoy nutritious and wholesome dairy products from Florida farmers,” he says.

Milk and milk products have a wide array of nutritional benefits, but raw, unpasteurized milk can contain dangerous germs and pathogens that pose serious health risks to humans. Pasteurized dairy products are subject to rigorous safety standards that are strictly enforced by state and federal regulatory agencies. Products that undergo pasteurization are regularly inspected, tested and held to enforceable public health regulations to ensure consumer safety.

“Pasteurization is a process that has been utilized to kill harmful pathogens in food for nearly 150 years and is the most common method utilized today to eliminate potentially harmful pathogens in milk products,” says Matt Curran, director of FDACS’ division of food safety. “Raw milk can contain dangerous pathogens like E. coli, Listeria, Salmonella, and others that can cause serious illness, especially in young children, older adults and people with weakened immune systems.”

The U.S. Centers for Disease Control and Prevention (CDC) and the U.S. Food and Drug Administration (FDA) also recommend consumers avoid raw milk and dairy products made from raw milk.

For more information about Commissioner Simpson and the Florida Department of Agriculture and Consumer Services, visit FDACS.gov .

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Dairy Leaders Against Iowa Raw Milk Bill

Thu, 20 Apr 2023 13:00:00 GMT

Following a 37-13 Senate vote earlier this week, the Iowa Legislature has given final approval to Senate Bill 315 that would allow Iowans to purchase raw milk fresh from the farm.

Republican Senator Jason Schultz of Schleswig said he has waited 17 years for a raw milk bill to clear the Legislature.

Although, not all share the same excitement as Sen. Schultz. Several dairy organizations, including Iowa State Dairy Association and Iowa Dairy Foods Association, have registered to lobby against the bill.

National Milk Producers Federation (NMPF) very much opposes the sale of raw milk and actively tries to monitor the issue at the state level to stop such efforts.

“Selling raw milk for human consumption is a demonstrated public health risk -- no amount of testing or added on-farm procedures are going to ensure the same level of safety as pasteurization,” Miquela Hanselman, manager of regulatory affairs with NMFP says.

Joining forces, Iowa Farm Bureau, the state’s dairy industry and Iowa grocers oppose the bill. Senator Janet Petersen, a Democrat from Des Moines, said raw milk should have a warning label because pregnant women are at serious risk of becoming ill from Listeria if they consume it.

“A warning label to prevent stillbirth, miscarriage, death of a newborn and illness of a pregnant mom I don’t believe is too much to ask,” Petersen stated in 2022.

Senate Democratic Leader Zach Wahls of Coralville said federal data shows at least 144 Americans had to be hospitalized between 1993 and 2012 after consuming raw milk.

“This idea that there’s no connections to hospitalizations or outbreaks is simply not true,” Wahls said.

“Selling raw milk for additional revenue on dairy farms isn’t worth the liability and larger risk to public health, and any illness outbreaks associated with raw milk would tarnish the dairy industry’s reputation for integrity and harm every dairy farmer nationwide,” Hanselman states.

A recent trend toward raw-milk bills in state legislatures is worrisome.

“But given our society’s current struggles with misinformation and a lack of understanding and appreciation for science – especially in the realm of medicine and public health – it is unfortunately not a shock,” Hanselman remarks.

Previous attempts to legalize raw milk sales in Iowa have stalled in the past two decades. The bill now is headed to Gov. Kim Reynolds for her signature.

Transition Planning: Start With These Questions Today

Wed, 15 Mar 2023 16:00:00 GMT

Talking about family farm transition planning can be tough. Some families procrastinate on the conversation or avoid it all together because it is hard to know where to even start.

But there is one question that you can ask yourself and those involved in your dairy farming business to get the ball rolling and gain momentum on one of the most critical conversations for your business, your family and your legacy.

Jay Joy from Bridgeforth LLP puts on his family business advisor hat and leads off with this question that cuts straight to the heart of the discussion:

“If (owner/decision maker) died tomorrow, what would happen to the business and the family?”

Jay encourages you to fill in the blank with the name of the leader, owner or go-to person in your own family, and to then break down that answer into two categories: business ownership and day-to-day management.

Business ownership transition

Take a quick inventory of the business assets: cattle, equipment, farmland, buildings and other property. Who legally owns these assets right now? In the event of a death, will ownership be triggered to transfer to someone else? Even if the answer is “yes,” there are still a few more key points to consider regarding the risk of tax liability, maintaining the relationship with the lending institution and naming a successor for handling the financial and business decisions:

What are the tax liabilities of transferred assets?
How will you continue to access capital?
What triggers buy-sell agreements?
How will big decisions made going forward?

Farm management succession

Even in the face of a tragic loss, a dairy farm has to keep running. Cows need to get milked and fed, people need to be paid and operational decisions must be made. Who is next in line to take on the tasks of leading the farm, approving decisions and stepping into the existing relationships with vendors and suppliers? Answer these three questions to give clarity to what that leadership change would look like:

Direction: Who is the next decision maker?
Approval: Who approves decisions?
Relationships: Who is the primary contact going forward?

Answering these questions can be the first step in the transition planning conversation. If you are able to answer them easily, you’ve already done the hardest part and can move onto the next step in the process of formalizing a transition and succession plan. But if these questions have you stumped, you are not alone and it’s okay. It may be helpful to have someone from outside the family lead the conversations.

Jay Joy, managing partner with Bridgeforth LLP, is a monthly guest on the Uplevel Dairy Podcast, covering topics related to dairy farm finance and family business.

Put Safety First: Tools and Resources Available to Producers at No Cost

Thu, 15 Sep 2022 13:10:51 GMT

Dairy farmer, Brett Reinford, says that most incidents on the farm, even the accident he had, are entirely preventable. With National Farm Safety and Health Week starting on September 18, the Center for Dairy Excellence and the Professional Dairy Managers of Pennsylvania (PDMP) have rolled out a series of farm safety videos available to help dairy producers share simple safety reminders with farm employees all year long, but especially during the upcoming fall harvest season.

“It’s just proper training, common sense, and making sure people have the right abilities to run the machines they’re operating,” Reinford, who shared his farm safety story in one of the Center’s Cow-Side Conversations podcast episodes, said.

“Start with the simple things,” he says. “They often don’t cost a lot, and they can save you a lot of money. I’m well over $200,000 on the incident I had on my farm, and it was entirely preventable.”

The Center and PDMP’s “Seconds for Your Safety” videos, which are approximately 60 seconds in length, are available in both English and Spanish. They can be watched and shared easily on a computer or cell phone.

With the help of Katie Dotterer, who grew up on her family’s Pennsylvania dairy farm and shares her passion for agriculture with others at agvokate.com, narrated all the videos in both English and Spanish. The following videos are currently available:

• Fall Prevention Measures

• Youth on the Farm

• Safety Hazards and Precautions for Horizontal Silos

“Farm safety is important all year long, but September is a good time to put some extra thought and focus into keeping your dairy farm team safe, especially during fall harvest,” said Jayne Sebright, Executive Director at the Center for Dairy Excellence. “These videos are quick yet filled with helpful reminders you can share with your team, and the safety signs can help you make sure you have the proper safety precautions in place on your dairy operation.”

The Center and PDMP also have free sets of farm safety signs available to help producers display important safety reminders throughout their facilities. Six different signs are available in the set, including a blank one that producers can customize for their operations. English and Spanish are both included on the signs.

To request safety signs to be mailed to you while supplies last, visit www.centerfordairyexcellence.org/farm-safety or call 717-346-0849

A Tale of Two Rains: Oregon Dairy Farmers Weigh Feed Options

Mon, 20 Jun 2022 15:30:00 GMT

Water is an essential ingredient, especially when you depend on it to grow feed for cattle. With the extreme weather across the country – from floods to droughts – farmers have a different opinion about water. Head to Oregon, and it is a shining example of how two farmers located on different sides of the Cascade mountains, have different thoughts about the wetter than usual weather that has hit their state.

Western Oregon dairy producer Darleen Sichley says never in their farm history have they had to pull cows off pasture in June. This is the second time this spring she has had to do so.

Alongside family, Sichley owns and operates Abiqua Acres, home to 100 Registered Guernsey cows and 100 acres of pasture in Silverton.

“This spring has been the coldest and wettest in the Pacific Northwest in 80 years,” she says. “Mother Nature is always a force to reckoned with and one of the greatest challenges we have no control over.”

As input costs have skyrocketed, along with the rising cost to feed cattle, Sichley was looking forward to letting her cows out to pasture to save on the feed bill.

“We have had to continue to feed like it’s winter and watch our prime grazing season pass by as the grass over matures,” she says.

East of the Cascade Mountain

Head east over the mountain and dairy farmers, Jos and Deanna Poland in Madras are smiling for the first time in a long time. They are welcoming the rare rain that arrived in late spring in central Oregon.

“The rain has helped a lot,” Deanna shares.

With 12” of precipitation annually, central Oregon is known for its high desert climate. A scarce water issue stemmed from the Endangered Spotted Frog issue along the Upper Deschutes River forced the Polands to reduce their milking herd size from 240 head to 140 earlier this year.

“We had no other choice,” Jos says.

Poland’s water allocation was reduced from previous years, making it hard for them to grow feed and pasture their cows.

“We normally get about 2’ per acre of water,” Jos says. “Last year we got 1’ and then later during the irrigation season, somewhere at end of June, they cut us back more. This year we get allocated half of what we got last year.”

However, Deanna shared they recently were allocated more water rights this spring.

“We received .06 more water allocated this spring, which is basically nothing, but we will take what we can get,” Deanna says.

The Polands shares that organic hay is nearly impossible to find right now, as many organic alfalfa hay farmers are three weeks behind on their first cutting due to the wet weather.

“We have had to green chop our extra grass to feed the herd,” Deanna says.

The Polands are still unsure what the future means for them, as they know feed, especially hay, will be hard to locate and pricey when they do find some.

“We are still waiting for a price, which we are anticipating being extremely high,” Deanna says.

Meanwhile back in western Oregon, Sichley says, with the wet weather she has had to purchase more hay, which has been hard to come by.

“Late Spring into Summer is never when you want to have to scramble to find feed,” says Sichley. “Luckily, we are very fortunate to have a great relationship with our alfalfa grower, so we were set on the cow side. It was just trying to find anything for the dry cows and youngstock. Especially in the financial strain of all inputs this year any added cost feels like another kick while your down. We were very lucky to hit a break in weather just right (as in it started dumping rain as the crew finished our grass silage) so we are definitely in a better position than some who have struggled to even get any spring crops harvested.”

Georgia to Begin Allowing Raw Milk Sales

Wed, 27 Apr 2022 19:30:00 GMT

The demand for raw milk has grown due to consumer interests. Despite testimony about the health risks of drinking raw milk, the general assembly approved the Georgia Raw Dairy Act. The bill goes into effect on July 1, 2023, making Georgia the 31st state to allow raw milk sales.

Under the Raw Dairy Act, Georgia dairy farmers selling raw milk will be required to get a license to show their raw milk products are labeled Grade A for human consumption and follow food safety regulations. The Commissioner of Agriculture will create regulations for maintaining Grade A status of raw milk.

“This provides the Commissioner of Agriculture will be in charge of this,” said Republican Sen. Jeff Mullis of Chickamauga. “They will inspect the location where raw milk is manufactured, kept, handled, stored or sold. It will be sampled, analyzed and tested.”

The bill requires dairy farmers to include a warning label on raw milk packaging: “Warning: This is a raw milk product that is not pasteurized and may increase risk of foodborne illness.”

Georgia Raw Dairy Act also includes unrelated provisions to equipment for tracing synthetic opioids tacked-on in the final days of the legislative session.

Currently, by law, Georgia dairy farmers can sell raw milk for pet consumption, but not human consumption. Feed produced for pet consumption is subject to a much lower level of food safety regulation. However, legislative supporters of the Georgia Raw Dairy Act said people are purchasing raw milk labeled for pet consumption and drinking it themselves, posing health risks for consumers.

According to the Food and Drug Administration, raw milk is unsafe for human consumption and no claims of nutritional or health benefits have been proven.

“Risks are particularly high among infants, children, pregnant women, and other immunocompromised individuals who are hospitalized at higher rates when they become sick after being exposed to pathogens like salmonella, listeria, and E. coli,” said Nick Place, dean and director of the University of Georgia College of Agriculture and Science.

Public health experts told legislators that raw milk should not be legalized for human consumption because drinking raw milk is dangerous and provides no proven health benefits.

Farmer Perspective

Georgia dairy producer Marvin Yoder told legislators last year that selling raw milk could provide a new market and potentially triple his income.

“If nothing is done, I don’t think you will have more than 40 dairies (in Georgia) in 10 years,” Yoder told legislators last fall. “The smaller farms are the backbone that keep a tight-knit community together.”

Dairy Leaders Oppose Raw Milk Bill Passed by Iowa Senate

Thu, 10 Mar 2022 21:24:43 GMT

The Iowa Senate has passed a bill to legalize the sale of raw milk at dairy farms. If this becomes law, it would be legal to sell raw milk and other products made from unpasteurized milk, like cheese, yogurt and ice cream sold directly at the dairy where it’s processed. However, it would remain illegal to sell unpasteurized milk at restaurants and farmer’s markets.

Republican Senator Jason Schultz of Schleswig said many states now allow raw milk sales in some fashion. “If we do this, get it all the way through, there’ll be only five states left,” Schultz said. “…It’s not a political issue. This is just a [decision of] ‘Do we want to let the people who want this have access to it?”

The National Milk Producers Federation (NMPF) very much opposes the sale of raw milk and actively tries to monitor the issue at the state level to stop such efforts.

“Selling raw milk for human consumption is a demonstrated public health risk -- no amount of testing or added on-farm procedures are going to ensure the same level of safety as pasteurization,” Miquela Hanselman, manager of regulatory affairs with NMFP says.

Joining forces, the Iowa Farm Bureau, the state’s dairy industry and Iowa grocers oppose the bill. Senator Janet Petersen, a Democrat from Des Moines, said raw milk should have a warning label because pregnant women are at serious risk of becoming ill from Listeria if they consume it.

“A warning label to prevent stillbirth, miscarriage, death of a newborn and illness of a pregnant mom I don’t believe is too much to ask,” Petersen said.

Senate Democratic Leader Zach Wahls of Coralville said federal data shows at least 144 Americans had to be hospitalized between 1993 and 2012 after consuming raw milk.

“This idea that there’s no connections to hospitalizations or outbreaks is simply not true,” Wahls said.

In addition, no claim related to the health benefits of consuming raw milk has been substantiated in any reputable medical literature.

“Selling raw milk for additional revenue on dairy farms isn’t worth the liability and larger risk to public health, and any illness outbreaks associated with raw milk would tarnish the dairy industry’s reputation for integrity and harm every dairy farmer nationwide,” Hanselman states.

A recent trend toward raw-milk bills in state legislatures is worrisome.

“But given our society’s current struggles with misinformation and a lack of understanding and appreciation for science – especially in the realm of medicine and public health – it is unfortunately not a shock,” Hanselman remarks.

Previous attempts to legalize raw milk sales in Iowa have stalled in the past two decades. The Senate bill on the subject passed on a 32-15 vote and goes to the House for review.

'Raw Milk' Bill Sours in Louisiana House Agriculture Committee

Fri, 20 Nov 2020 02:59:02 GMT

Louisiana lawmakers have killed an attempt to lift the state’s ban on sales of unpasteurized — or “raw” — milk for the third year in a row.

The House agriculture committee narrowly voted to halt Ville Platte Sen. Eric LaFleur’s proposal to allow limited sales of raw milk from farmers to the public. Lawmakers on the panel voted 8-7 Thursday against the Senate-backed measure.

The Democratic senator argued his “don’t tread on me” bill curbed any risk with pages of regulations, from labeling requirements to inspection specifications. Rep. John Guinn, R-Jennings, applauded the latest version, calling it a “very safe bill.”

Louisiana, LaFleur said, is “one of a handful of states” that prohibits raw milk sales.

The proposal would have only permitted farmers to sell an average of 500 gallons of raw milk a month, or about four cows’ worth of milk production. It wouldn’t permit retail store sales, which LaFleur said spoke to his bill’s spirit -- to grant people the freedom to buy from their neighbors.

“It’s about freedom of choice and getting government out of your hair,” he said.

Adults and children wearing “I love raw milk” stickers gathered to hear the debate Thursday. Supporters testified to having consumed raw milk produced by their own cows or after having bought it in other states, like Mississippi. “Smuggling” the unpasteurized milk can run a hefty price tag, with some saying they’ve paid about $2,000 a year to purchase and transport it over state lines.

State-supported access to raw milk would support food freedom, allow people to seek its health benefits and strengthen Louisiana’s artisanal cheese industry, they said.

But Agriculture Commissioner Mike Strain and Louisiana’s chief health officer Jimmy Guidry countered that the bill would threaten public safety because the milk isn’t heated in a process to kill harmful bacteria.

Strain told lawmakers they have “a fundamental duty to protect public health,” while Guidry warned the committee the Louisiana legislature may have to reverse LaFleur’s bill in the future if it led to heightened hospitalizations and disease outbreaks.

Others echoed the concern, comparing feeding children raw milk to handing them cow manure patties.

The debate came down to economics for Daniel Hayes, Jefferson Parish representative of the Libertarian Party of Louisiana, who noted the state allows raw milk consumption but not its sale.

“Let (people) put in their bodies what they want,” Hayes said.

Those against the bill agreed economics was a factor in the debate, but said the health concerns could spill into the economic realm and damage Louisiana’s dairy industry, they said. Strain said milk is made 150 times safer through pasteurization, and could have a negative ripple effect across the milk industry if unpasteurized milk sickened a consumer.

Pasteurized dairy farmer Joy Womack pointed to the federal and state inspections conducted at commercial farms, which must also have liability insurance.

"(With raw milk,) we’re playing Russian roulette. I never play Russian roulette with my children,” she said.

Appeals Court Rules Against Raw Milk Producers

Fri, 20 Nov 2020 02:47:33 GMT

A Wisconsin appeals court ruled against a pair of raw milk producers Thursday, but sidestepped the issue of whether a person has a right to purchase and consume unpasteurized milk.

The 4th District Court of Appeals sided with the state Department of Agriculture, Trade and Consumer Protection in the consolidated cases brought by dairy farms in Walworth and Calumet counties.

The raw milk producers sued separately, seeking a court order that their operations were legal. The cases were combined and in 2011 a Dane County judge rejected their requests for an immediate ruling in their favor. The appeals court upheld that decision Thursday, ending the case unless the farmers ask the state Supreme Court to review it.

Attorney Elizabeth Rich, who represented farmers in both cases, said she had not spoken with them to discuss whether they would take the case to the Supreme Court.

One case was brought by Mark and Petra Zinniker of Walworth County. They lost their dairy license in 2009 after 35 people got sick after allegedly drinking raw milk from the farm.

In early 2010, a limited liability coalition formed by raw milk supporters called Nourished by Nature entered into a contract with the Zinniker farm to purchase a herd of dairy cows. Nourished by Nature agreed to pay a fee to the Zinnikers and members would then visit the farm and collect raw milk for their own consumption at home.

The Zinnikers’ attorney asked the state whether that arrangement was legal, and DATCP responded with a letter saying it was a “sham arrangement” that could result in civil and criminal penalties. The Zinnikers then filed a lawsuit, seeking a court ruling that their operation was indeed legal.

State regulators argued, and the appeals court agreed, that the Zinnikers were breaking the law because they were distributing milk produced on their farm without a milk producer’s license.

Because of that conclusion, it’s not necessary to determine whether a person has a right to consumer raw milk, the court said.

“Even assuming that the members of Nourished by Nature have a right to consume unpasteurized milk, the Zinnikers do not have a legal right to operate a dairy farm as milk producers without a license,” the court said.

But Rich, their attorney, said the state was deliberately avoiding the real issue of whether people who want to drink raw milk can do so through private buying clubs.

The ruling comes after a Sauk County jury last year, in a similar case, found dairy farmer Vernon Hershberger not guilty of charges he produced and sold raw milk without the required licenses.

“Right now we have a confusing state of law in Wisconsin,” Rich said. “What I’m seeing is a very clear rift between what the people want and what the judicial and executive branches want.”

A spokesman for DATCP said only that the agency was pleased with the ruling.

In the other case, the appeals court said the operators of GrassWay Organics Farm Store in New Holstein needed a retail license to sell milk to members of an association who pay a fee to buy from the store. The store has a milk producer license issued by DATCP, but in 2007 the agency told its operators they couldn’t sell or distribute raw milk.

Store owners Wayne and Kay Craig sued, seeking a court ruling that selling raw milk to members of the association was legal.

The appeals court agreed with the circuit court, which determined the Craigs needed a retail food establishment license. The ruling does not address whether the sale of raw milk would be legal if a retail license were obtained.

South Dakota Legislative Panel OKs Proposed Raw Milk Rules

Fri, 20 Nov 2020 02:43:07 GMT

A South Dakota Legislative panel on Tuesday approved proposed state rules covering the production, testing and labeling of raw milk sold in the state, but members of the committee suggested that the state Agriculture Department delay enforcement of the rules so the entire Legislature can discuss the regulations that are adamantly opposed by raw milk producers and their customers.

Rep. Timothy Johns, R-Lead, a member of the committee, said the issue is certain to arise early in the legislative session that opens in January, so it would make sense to delay the rules’ effect until the full Legislature re-examines state policy on raw milk.

Agriculture Department officials said they will not decide whether to delay the rules until someone files an official request to do so.

Department officials contend the rules are necessary to ensure the safety of raw milk sold in the state, but raw milk producers and their customers argue the product is already safe and the new rules would impose too many restrictions.

The Agriculture Department has been trying to pass the rules since last spring and has held three hearings on the issue.

Members of the Legislature’s Rules Review Committee, which has the final say on state agency rules, said their vote Tuesday does not necessarily indicate approval of the rules’ content but merely finds that the department followed proper procedures in adopting them.

The legislative committee rejected the rules in August, asking the department to get more information on how they would financially affect farmers who produce raw milk for sale.

Courtney De La Rosa, the department’s lawyer and director of agricultural policy, told lawmakers Tuesday she estimates it would cost farmers 1 cent a bottle to print the required new labels. Farmers would not pay for monthly routine testing of raw milk, but would have to pay for retesting if their milk is found to contain contaminants, she said.

But raw milk producers said they believe the cost of printing the new labels would cost far more than a penny a bottle.

Lila Streff, owner of Black Hills Goat Dairy in Custer, said the cost of retesting milk would impose a financial burden.

“The financial impact of that would put me under, would put me out of business,” Streff said.

State Agriculture Secretary Lucas Lentsch said the rules impose reasonable requirements to make sure the milk does not exceed limits for bacteria and other contaminants.

“The notion that we’re trying to regulate them out of existence — that could not be further from the truth,” Lentsch said.

Raw milk producers and consumers said pasteurization, the process of heating milk to destroy bacteria and protect shelf life, destroys important nutrients.

“I believe I do have the right to consume what I choose and maintain my health,” said Carolyn Ness, a Rapid City resident who drinks raw milk.

However, state and federal health officials contend that raw milk carries an increased risk of bacterial contamination that can lead to illness and even death. The sale of raw milk to the public is illegal in some states.

The new regulations set standards for bacteria and other contaminants, require monthly tests, regulate the bottling of milk and require a bottling date on the container. They apply to unpasteurized milk from cows, sheep, goats and other hoofed animals.

An earlier version of the rules would have required a label warning that the raw milk may contain harmful bacteria and presents the greatest risk to pregnant women, infants, children, the elderly and people with lowered resistance to disease.

According to final version of the rules, the label must state: “WARNING: This product has not been pasteurized and may contain harmful bacteria.”

Raw Milk Bill Passes Wisconsin Senate

Fri, 20 Nov 2020 02:43:07 GMT

Source: Dairy Business Association

The Dairy Business Association (DBA) is voicing their disappointment with the passage of Senate Bill 236 by the Senate Committee on Financial Institutions and Rural Issues this week. The amended bill would allow dairy farmers to sell unpasteurized milk directly to consumers from a farm and would only require the state to inspect the site once every two years.

“The additional so-called safeguards added to the bill will not protect adults and children from the dangers posed by drinking raw milk,” said DBA’s Executive Director Laurie Fischer. “It does absolutely nothing to protect the integrity of Wisconsin’s dairy industry.”

In testimony submitted to the committee on September 11, 2013, the DBA wrote that they opposed the bill "...because it has been proven that raw milk causes people to become ill. According to an analysis by the Center for Disease Control and Prevention, raw milk can harbor dangerous microorganisms that pose serious health risks. The CDC reported that unpasteurized milk is 150 times more likely to cause foodborne illness, and results in 13 times more hospitalizations than illnesses involving pasteurized products. Sickness and death of Wisconsin’s adults and children who consume and purchase unpasteurized milk must not be allowed. In addition, research shows there is no meaningful difference between the nutritional values of pasteurized and unpasteurized milk.”

Nearly 120 raw milk health outbreaks have occurred in the United States since 1998 according to the Real Raw Milk Facts working group that gathered the facts from the Center for Disease Control’s FOOD database and news reports from across the United States. Of the nearly 120 total outbreaks, the overwhelming majority of them came from fluid milk, which resulted in 2,147 illnesses and two deaths.

DBA joined with the Wisconsin Safe Milk Coalition, a group that includes dairy farmers, health professionals, public health officials, dairy processor groups and veterinarians, as well as dairy industry leaders the National Milk Producers Federation and the International Dairy Foods Association to oppose the bill.

DBA’s testimony concluded, “The DBA members are proud of the wholesome milk products our state produces. The Wisconsin dairy industry has seen incredible growth over the past decade. The dairy industry and the Wisconsin legislature have worked hard to maintain and grow our state and national brand as ‘America’s Dairyland.’ We cannot risk losing Wisconsin’s title as the number one cheese producer in the United States by allowing Senate Bill 236 to pass.”

Wisconsin Senate Committee Passes Raw Milk Bill

Fri, 20 Nov 2020 02:43:04 GMT

Wisconsin dairy farmers could sell raw milk directly to customers on their farms under a bill that’s passed a Senate committee.

The latest version of the raw milk bill passed on a 3-2 vote Tuesday, with all Republicans in support and both Democrats against.

The proposal faces an uncertain future, with the state’s dairy industry against it and Gov. Scott Walker expressing reservations. Supporters say raw milk is safe and has health benefits, while opponents say it puts Wisconsin’s dairy industry at risk.

The earliest the full Senate is expected to consider it is next year.

The bill would require those wishing to sell raw milk to be registered with the state, undergo stringent testing requirements, and keep a log of all their sales available for inspection by government officials.

Minnesota Farmer Found Guilty of Improperly Handling, Storing Food

Fri, 20 Nov 2020 02:41:22 GMT

Source: Minnesota Department of Agriculture

Two recent legal decisions have found a Stearns County, Minn., farmer improperly handled and illegally sold food without a license.

Last week a Stearns County jury found Alvin Schlangen guilty of five misdemeanor counts of food handling and storage, including failure to have a food handler’s license, improperly storing eggs at the correct temperature and misbranding food.

The charges stemmed from a Minnesota Department of Agriculture (MDA) investigation that began in 2009 when Schlangen was found to be illegally selling raw milk, meat, poultry and other food products at a farmers market in Minneapolis and other locations.

In another legal proceeding against Schlangen, MDA Compliance Officers visited a Minneapolis warehouse on multiple occasions between 2009 and 2011 and found Schlangen selling unpasteurized dairy products, items lacking proper labeling or no labeling, custom processed meat labeled “Not for Sale,” improperly refrigerated eggs and milk, and moldy fruit. On each occasion, MDA offered Schlangen the opportunity to purchase a food handler’s license and he refused.

MDA issued orders to bring Schlangen into compliance with food laws and regulations. Schlangen appealed those orders and the case went to an administrative hearing at which Schlangen’s defense attorneys contended he is not in the business of selling food commercially and doesn’t need a food handler’s license. But an Administrative Law Judge recently issued findings stating it was undisputed that Schlangen offered for sale a variety of foods, including unpasteurized milk and butter, and continues to do so. These findings are now and can be found here.

In the Stearns County jury trial, Schlangen was fined $300 and sentenced to 90 days in jail, but the sentence was stayed on the condition he doesn’t commit similar offenses.

Illnesses Linked to Raw Milk From Minnesota Farm

Fri, 20 Nov 2020 02:40:21 GMT

Source: Minnesota Department of Health

Minnesota state health and agriculture officials reported today that routine disease surveillance has detected at least six illnesses linked to consumption of raw dairy products from the Dennis Jaloszyski dairy farm, near Cambridge, Minnesota.

According to epidemiologists with the Minnesota Department of Health (MDH), the illnesses include three people with laboratory confirmation of a bacterium called Campylobacter jejuni. The illnesses were reported to MDH by health care providers as required under Minnesota law. When MDH contacted the individuals to inquire about potential causes of their illnesses, the ill people reported that they had consumed raw milk from the Jaloszynski Farm.

Minnesota Department of Agriculture inspectors visited the farm to determine how many customers were purchasing the milk to notify them of the outbreak. Because the owner did not have a customer list, a consumer advisory is being issued. Anyone who may have purchased or received raw milk from this farm should not drink it but should throw it away.

“We’re concerned that people may be continuing to get sick after consuming products from this farm,” said Trisha Robinson, a foodborne illness epidemiologist with MDH.

“While we are very concerned about the illnesses associated with this farm, this also is about the inherent risk for foodborne illness from any raw milk consumption,” Robinson said. “Drinking raw milk or eating products made from raw milk can expose you to a variety of pathogens that can result in anything from a few days of diarrhea to kidney failure and death. People need to think carefully about those risks before consuming raw dairy products from any source, and people need to know that the risks are especially high for young children.”

Common symptoms of Campylobacter infection include fever, diarrhea (sometimes bloody), abdominal pain, malaise, and vomiting. Symptoms often begin 2-5 days after consumption of contaminated food. Symptoms last for about a week in most people but can last for up to three weeks in 20 percent of cases. In addition, Campylobacter infection occasionally results in complications such as arthritis and Guillain Barré syndrome, which is characterized by sudden onset of paralysis. Anyone who believes they may have become ill with Campylobacter should contact their health care provider.

Second Outbreak of Illness From Raw Milk in Alaska This Year

Fri, 20 Nov 2020 02:39:42 GMT

Alaskan health officials are reporting a second outbreak of Campylobacter jejuni infection from consuming raw milk. Five cases have been identified so far, reports the Alaska Section of Epidemiology.

Thirty one people were sickened in a similar outbreak in February 2013. Both out-breaks are linked to a raw milk cow-share program in the Kenai Peninsula south of Anchorage.

Two of the five people stricken in the current outbreak sought medical attention. The genetic fingerprint of the bacteria isolated in these two individuals is the exact same unique strain that was found in cow manure from the previous outbreak.

“It has never been seen before in the United States,” says Joe McLaughlin, Alaska state epidemiologist. “These outbreaks are an unfortunate reminded of the inherent risks associated with raw milk consumption, and underscore the importance of pasteurization.”

You can read the full release from Alaska’s Department of Health and Human Services here .

Indiana Board of Animal Health Makes Raw Milk Recommendations

Fri, 20 Nov 2020 02:36:38 GMT

The Indiana Board of Animal Health has finalized its report on the sale of raw, unpasteurized milk and has offered two options to state legislators for clarifying the law.

Individuals are circumventing Indiana law by obtaining raw milk from dairy farmers through cow or herd share arrangements and pet food sales.

The Indiana Board of Animal Health believes distributing raw milk for human consumption will increase the risk someone will become ill from the consumption. But the Board recognizes the decision to authorize the sale of raw milk is a political decision. So it has offered legislators two options:

Option A would maintain current law and clarify the statute requiring all persons producing milk pasteurize it prior to direct sale to consumers.

Option B would be to allow limited direct sales from farmers to consumers, but also require the Board of Animal Health to establish strict sanitation standards for raw milk producers.

More on the report can be read here .

Guilty Plea in Raw Milk Case

Fri, 20 Nov 2020 02:36:02 GMT

Mike Hartmann, a Sibley County, Minn. dairy farmer, has pled guilty to two misdemeanor counts of illegally selling raw milk. His farm was linked to a 2010 outbreak of E. coli O157:H7.

In the plea agreement, Hartman was fined $585, placed on unsupervised probation for six months and must clean up his dairy facility. He must also comply with all state health regulations within 60 days.

Six other misdemeanor counts and one gross misdemeanor count were dropped as a result of the plea agreement.

Hartmann has also been sued in civil court for $50,000 by the father of a two-year-old boy who allegedly became ill after drinking milk from the Hartmann farm. That case has not yet been resolved.

You can read more on the story by clicking here .

NMPF and IDFA Oppose Amendment Legalizing Raw Milk

Fri, 20 Nov 2020 02:33:28 GMT

The Senate is expected to begin debating this and other amendments to the Farm Bill this week.

Source: National Milk Producers Federation and the International Dairy Foods Association

The two organizations representing America’s dairy farmers and dairy foods companies jointly announced their opposition today to a proposal in the Senate that would allow the interstate sales of raw milk.

Sen. Rand Paul (R-KY) has introduced an amendment to the 2012 Farm Bill, No. 2180, that would allow the direct sale of raw milk and raw milk products across state lines, “greatly enhancing the chances that people will become sick because of increased consumption of unpasteurized milk,” the two groups said in a letter sent to members of the Senate.

“Pasteurization is one of the greatest public health tools. To compromise or reduce its use through this legislation is not just bad politics – it’s a huge, inhumane step backwards, and one that will cause sickness and death,” said Jerry Kozak, President and CEO of National Milk Producers Federation (NMPF).

Federal law currently prohibits the interstate sale of raw milk, but allows states individual discretion to regulate raw milk sales within their borders. Several states in recent years have liberalized sale or distribution of raw milk, even as the product has been repeatedly linked to serious illnesses from coast to coast.

“The link between raw milk and foodborne illness has been well-documented in the scientific literature, with evidence spanning nearly 100 years,” said Connie Tipton, President and CEO of International Dairy Foods Association (IDFA). “Raw milk is a key vehicle in the transmission of human pathogens, which is why its consumption has been opposed by every major health organization in the United States, including the American Medical Association and the American Academy of Pediatrics.”

Kozak said that lawmakers have to keep in mind that “nearly two-thirds of all outbreaks associated with raw milk or raw milk products involve children. It is the responsibility of our nation’s leaders to make decisions to protect the health of the American public, most especially, those who are minors and are unable to make fully informed decisions that could have profound consequences for the rest of their lives,” he said.

Tipton said that “While consumer choice is an important value, it should not pre-empt public health and well-being. Legalizing the sale of raw milk and raw milk products to consumers, either through direct sale or through cow-share programs, represents an unnecessary risk to consumer safety. Therefore, we ask that you oppose Amendment No. 2180.”

The Senate is expected to begin debating this and other amendments to the Farm Bill this week.
The National Milk Producers Federation (NMPF), based in Arlington, VA, develops and carries out policies that advance the well being of dairy producers and the cooperatives they own.

The members of NMPF’s 30 cooperatives produce the majority of the U.S. milk supply, making NMPF the voice of more than 32,000 dairy producers on Capitol Hill and with government agencies. Visit www.nmpf.org for more information.

The International Dairy Foods Association (IDFA), Washington, DC, represents the nation’s dairy manufacturing and marketing industries and their suppliers, with a membership of 550 companies representing a $110-billion a year industry. IDFA is composed of three constituent organizations: the Milk Industry Foundation (MIF), the National Cheese Institute (NCI) and the International Ice Cream Association (IICA). IDFA’s 220 dairy processing members run more than 600 plant operations, and range from large multi-national organizations to single-plant companies. Together they represent more than 85% of the milk, cultured products, cheese and frozen desserts produced and marketed in the United States. IDFA can be found online at www.idfa.org

Raw Milk, and Raw Emotion, Go to Court in Minnesota

Fri, 20 Nov 2020 02:33:04 GMT

Melinda Olson has given her 12-year-old son raw milk for years. When he walked away virtually unscathed from a serious bike accident last year, she credited his healthy diet of raw milk dairy products.

Matthew Caldwell fed his 2-year-old son, Owen, raw milk in the spring of 2010. The boy was hospitalized for 13 days, victim of an E. coli 0157:H7 outbreak traced to raw milk producer Mike Hartmann.The two parents’ stories are bookends to a debate that is on high boil in Minnesota.

One farmer accused of breaking state law barring the off-farm sale of raw milk, Alvin Schlangen, is slated for trial in July. Hartmann was hit with the same criminal milk charge last month, and also faces a civil suit from Caldwell.

Raw milk isn’t pasteurized -- heat-treated to kill pathogens. Advocates see it as integral to a superior diet, and decry what they see as heavy-handed attempts to limit its free flow and punish suppliers. “This is about the freedom to choose the foods we want for our families,” said Olson of Richfield.

But restrictions on raw milk are based on longstanding beliefs among public health authorities that non-pasteurized dairy products pose a special risk. This year alone, there have been five outbreaks of raw-milk related diseases spanning eight states.

The debate surfaced in Minnesota two years ago when eight people got E. coli 0157:H7, a bug that causes fever, vomiting, diarrhea -- often bloody -- and other nastiness. At its worst, it can lead to kidney failure and death.

After state health and farm inspectors linked the bug to Hartmann, the Minnesota Agriculture Department ordered him to stop peddling unpasteurized milk and cheese, as well as uninspected meat. He didn’t, the Agriculture Department says, so Hartmann was charged in Sibley County with eight misdemeanors and one gross misdemeanor for selling improperly labeled frozen food.

Hartmann’s wife, Diane, and brother Roger were hit with the same charges, all of which involve fines and potential jail time. None of the Hartmanns could be reached for comment.

Schlangen, a Stearns County farmer, has been charged with four misdemeanors in Hennepin County, including sale of unpasteurized milk. An egg farmer, Schlangen operates a 130-member private buying club, delivering raw milk produced by Amish farmers to consumers in the Twin Cities.

But state law only allows for “occasional” sales of raw milk products at the farm where they’re produced.

Schlangen called the law “absurd,” since it implies the same batch of raw milk is safe at the farm, but not if sold in the Twin Cities. He said he didn’t break the law, either. “The charges are based on commerce and there’s no commerce here. It’s a completely different food system than what we are accustomed to.”

Hartmann’s raw milk has been distributed through several “drop sites” in the Twin Cities, usually the homes of raw milk consumers, including Melinda Olson.

Last month, the Agriculture Department sent out a “notice of warning” to Olson and 10 other Twin Cities residents found to be serving as Hartmann drop sites in 2010.

But Olson said she’s not distributing raw milk. “They are not my customers,” she said of those who picked up Hartmann’s wares at her home.

With the flurry of warning letters and charges, Minnesota stands out nationally, said Pete Kennedy, head of the Farm-to-Consumer Legal Defense Fund, legal adviser to raw milk causes. “It’s the most oppressive state in terms of freedom of food choice.”

The state Agriculture Department says it’s just doing its job. “We don’t write the laws, we enforce the laws as written,” said Mike Schommer, a department spokesman.

Raw milk partisans say the beverage simply tastes better, and it comes from an agriculture ecosystem they value: small, local farms populated with grass-fed cows.

Raw dairy goods are healthier and more nutritious, too, they claim, boosting immunity, building bones. Olson said that when her son got hit by a car on his bike, the bike was totaled, but he suffered only bruises. His raw milk intake, she said, “made him strong.”

A recent study by the Centers for Disease Control, echoing the public health consensus, says credible scientific evidence for such health claims is lacking. That study also noted that illnesses associated with raw milk tend to make people sicker than those linked to pasteurized dairy products.

The incidence of illness linked to any milk products is quite low, said Fred Pritzker, a Minneapolis attorney who has represented about 20 victims of raw milk-related food poisoning. But if disease strikes with raw milk, he likened the experience to driving without a seat belt. “When you get hit, you’re really going to get hurt.”

With E. coli 0157:H7, the biggest hit usually comes from hemolytic uremic syndrome, which can cause kidney failure. That’s what Matthew Caldwell’s son Owen contracted, according to a suit filed last summer on the child’s behalf.

Before the 2-year-old was hospitalized, he experienced bloody diarrhea at the rate of 20 times in 24 hours, court records say. After blood transfusions and kidney dialysis, he recovered. Caldwell is seeking payment from Hartmann for more than $50,000 in medical costs.

Hennepin County District Judge Susan Burke has ruled that Hartmann was negligent, but she also accepted his argument that Owen Caldwell’s parents potentially bore some responsibility because they should have known of raw milk’s risks.

The Caldwells’ attorney rejected Hartmann’s assertion, and noted the “irony” of the farmer’s new tack -- “after spending much time championing the benefits of raw milk and its safety.” A jury likely will decide the proportion of fault between Hartmann and the Caldwells.

Matthew Caldwell, who has moved from Minneapolis to Boise, Idaho, couldn’t be reached for comment.

Seattle food safety attorney Bill Marler, who has sued several raw milk providers, said that when illness strikes consumers’ attitude about risk often changes. “The people who get sick or whose children get sick have a much different perspective. They feel guilty.”

But Olson, who’s aware of the Caldwell case, said she simply doesn’t associate raw milk with extra risk.

“Everything has an inherent risk. Peanut butter has killed people, does it mean I’m never going to buy peanut butter? No,” she said, referring to a 2008 salmonella outbreak. “There wouldn’t be anything left to eat if we let fear dictate our choices.”

Mike Hughlett - 612-673-7003

DEBATING THE DATA

Researchers at the Centers for Disease Control and Prevention found that of 121 dairy-related disease outbreaks between 1993 and 2006, 60 percent involved non-pasteurized products. Because consumption of non-pasteurized products is relatively low, the study called the incidence of outbreaks “remarkable.”

The Weston A. Price Foundation, which champions raw milk and other traditional whole foods, says the CDC has “manipulated and cherry-picked” data to make non-pasteurized milk look dangerous.

The Raw Milk Gamble

Fri, 20 Nov 2020 02:26:03 GMT

With some consumers willing to pay up to $10 per gallon for raw milk straight out of the bulk tank, the temptation to sell it to them can be overpowering for dairy producers.

Before you do, however, consider the financial liability. Most producers, if they’ve even thought about, assume their farm liability insurance will provide protection should a customer become ill and sue for damages.

Not true, says Ted Radintz, Animal Health Outreach Coordinator for the Minnesota Department of Agriculture. General farm liability insurance will not cover a claim from a farm’s customer who has filed a lawsuit over a product purchased at the farm.

Even farm product liability insurance, a specific rider designed to offer coverage of products sold directly off the farm, typically won’t cover raw milk, says Radintz. “One insurance underwriter told me the premium required to cover raw milk isn’t worth the risk,” he says.

And, if your insurance company discovers a producer is selling raw milk, the company can deny coverage, cancel the policy or will not renew it, he says.

Lenders might also step in. While a lender cannot discriminate against a producer for the product he or she decides to sell, the lender can require the producer to have insurance to protect the lender’s secured position.

“As a result of all this, a raw milk producer is only one unfortunate event away from losing the farm and personal property,” says Radintz.

Texas Bill Would Expand Raw Milk Sales

Fri, 20 Nov 2020 02:23:32 GMT

A bill to be introduced Feb. 21 in both houses of the Texas Legislature would allow raw milk producers to make home deliveries of their product and sell it at farmers’ markets--even roadside stands and flea markets.

Currently, Texas law allows raw milk sales “only at the point of production.”

Raw milk proponents argue that the milk provide more nutrients than pasteurized milk. But the Food and Drug Administration and the Centers for Disease Control beg to differ. These agencies point out that between 1998 and 2005, raw milk has been linked to 1,007 illnesses, 104 hospitalizations and two deaths.

For a raw milk fact sheet from FDA, click here .

The text of the bill follows:

Text of HB 75 and SB 237

An Act relating to the regulation of raw milk and raw milk products.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 435, Health and Safety Code, is amended by adding Section 435.0061 to read as follows:
Sec. 435.0061. RAW MILK AND RAW MILK PRODUCTS FOR RETAIL SALE. (a) Except as provided by Section 435.013, a person who holds a permit that authorizes the person to sell raw milk or raw milk products at retail may make retail sales of raw milk or raw milk products directly to a consumer in this state at:
(1) the permit holder’s place of business;
(2) the consumer’s residence; or
(3) any other location where producers customarily sell their products directly to consumers, including a farmers’ market, farm stand, flea market, food cooperative, or fair.
(b) The permit holder may deliver the raw milk or raw milk products to the consumer at the point of sale or any other location in this state the consumer designates.
SECTION 2. This Act takes effect September 1, 2011.

Raw Milk Farmer Faces Contempt Charges

Fri, 20 Nov 2020 02:22:56 GMT

Minnesota officials want dairy producer Michael Hartmann fined on contempt of court charges, Minnesota Public Radio reported today.

A state inspector visited the Hartmann farm January 3^rd to destroy embargoed dairy products. But all he found when he arrived for two half-gallons of milk. This was despite the fact hundreds of gallons had been embargoed. There was also no embargoed butter, ice cream or meat on the farm.

Hartmann has been under investigation for illegally selling raw milk and dairy products. Minnesota health officials allege that eight people were sickened with e. coli after eating those products.

Judge Rules Against Raw Milk Farmer

Fri, 20 Nov 2020 02:22:32 GMT

The Minneapolis Star Tribune reported this morning that a state judge yesterday ruled against a Minnesota farmer who denied responsibility for an outbreak of illness from the sale of raw milk and dairy products made from raw milk. The case has been on-going since last June.

The judge also ordered the Minnesota Department of Agriculture to destroy confiscated dairy products that were seized from Michael Hartmann’s farm last May. Hartmann had wanted the products returned to him so that his family could use them. But Judge Rex Stacey said the “claim that a family of four will personally consume 900 packages, forty odd tubs and boxes of cheese and 76 cases of butter is not credible.”

Stacy also ruled that MDA officials and state epidemiologists “properly determined that the Hartmann farm and product was the source of illness” in eight people who purchased the products last spring.

In the meantime, MDA officials continue with their regulatory process against Hartmann. And Hartmann continues to fight for his right to sell unpasteurized products, contending no license or permission is required from the state of Minnesota.

Seven More Sickened In Minnesota Raw Milk Outbreak

Fri, 20 Nov 2020 02:21:24 GMT

The Minneapolis Star Tribune reported last night that seven more individuals have been sickened by raw milk from a renegade Minnesota dairy farm, which is under investigation for selling contaminated milk.

Four of the individuals reported buying milk directly from Hartman Farm in Gibbon, Minn. Another three individuals were linked to the outbreak through genetic testing. Bacteria isolated in the outbreak included Campylobacter jejuni and Cryptosporidium parvum. Previous cases linked to the farm came from E. coli infections.

The farm is currently under investigation by the Minnesota Department of Agriculture. But the investigation has not yet reached the enforcement phase. In June, the Department had ordered the farm to stop selling raw milk until alleged unsanitary conditions were corrected. The farm has defied that order. For more information, click here .

Trusteed IRAs: why they are popular, who should consider them, what benefits they offer

Fri, 23 Sep 2022 20:01:45 GMT

Q: I’ve heard a lot about trusteed IRAs. How do they differ from traditional IRAs?

A: Simply put, trusteed IRAs offer potential tax benefits of traditional or Roth IRAs with the protection and control of a trust. They provide tax advantages that stretch into the future and offer the ability to control how, when and in what amounts assets are distributed. Trusteed IRAs have become more popular given some of the inherent limits of traditional IRAs and the growing prevalence of self-directed retirement accounts combined with the decline of pension plans. They also are more cost-effective than setting up a trust and are generally more compliant with tax laws.

Q: Who should consider a trusteed IRA?

A: There are several reasons why someone should consider a trusteed IRA, the most consequential of which is if an owner has an interest in controlling assets and realizing tax benefits beyond their lifetime. This can mean an owner is concerned with the financial discipline or sophistication of heirs.

Other reasons include if an owner remarries and wants to provide for a current spouse as well as children from a previous relationship and/or is concerned about IRA management in the event of incapacitation.

Q: I’m in the middle of estate planning. How can a trusteed IRA help with the process?

A: They can help process if only to preserve the potential tax-advantaged accumulation of IRA benefits to pass on to heirs. Under traditional or custodial IRAs, a beneficiary is required to withdraw at least the Required Minimum Distribution (RMD) each year. However, a beneficiary may withdraw additional amounts, for any reason, at any time—and incur possible fees or tax penalties.

Additionally, owners can restrict payouts to a beneficiary to the RMD, enabling it to operate as a spendthrift trust. At the owner’s death, the trusteed IRA would be automatically split into separate accounts for individual beneficiaries, with distribution terms defined for each account.

Another benefit is that estate plans don’t need to be rewritten or updated; trusteed IRAs can be added independent of an estate plan to protect IRA assets which legally pass outside of wills.

Q: Is a trusteed IRA better suited to farmers or owners of farm assets?

A: Not expressly, but a trusteed IRA can play an important role in legacy planning and preservation of farm assets over multiple generations. Given the growing generation gap among farming families, trusteed IRAs could be a way help preserve farm family values over generations from beyond the grave. Moreover, as farm economics continues to change, farmers may find value in the highly customizable nature of trusteed IRAs. In the event of a divorce in the family, for example, assets can be made to not leave the family’s bloodlines.

Q: Are there any downsides to trusteed IRAs?

A: Given that a trusteed IRA requires a corporate trustee, it’s harder to change ownership and family members cannot be named as trustees. Not all financial institutions offer trusteed IRAs so they may not be widely available to interested clients. Additionally, while they offer greater customization and more control, trusteed IRAs carry some limits. To have the highest level of customization and control, a trust would need to be created.

Please send questions, comments or requests to address a topic or issue to Rees Mason at rees.mason@ml.com.