Why is raw milk still legal to buy in Massachusetts?

By Deborah Kotz, Globe Staff

The majority of dairy-related food poisoning outbreaks are related to raw milk, and a minority of states -- including Massachusetts -- that still allow the sale of unpasteurized milk are responsible for the vast majority of these outbreaks, according to a report released yesterday by the federal Centers for Disease Control and Prevention.

That leads me to wonder: Why is it still legal in Massachusetts to sell raw milk and raw milk products like cheese and yogurt? After all, this is a state that eagerly embraces health regulations such as smoking restrictions and universal health insurance.

Consider the findings of the CDC study, which looked at dairy outbreaks from 1993 to 2006 that occurred across the country. Raw milk and raw milk products accounted for 1 percent of milk consumption, yet such products were responsible for 60 percent of the outbreaks linked to dairy foods.

During the 13-year study period, there were 121 dairy-related disease outbreaks, which caused 4,413 illnesses, 239 hospitalizations, and three deaths. Nearly all of the hospitalizations -- 200 out of 239 -- were linked to raw milk consumption. And three-quartejrs of those raw milk outbreaks occurred in 21 states where it was legal to sell raw milk.

Last month, Massachusetts had a raw milk health scare when state health officials warned that a man who drank raw milk at a Western Massachusetts dairy farm was suspected of being infected with brucellosis, a germ that can cause chronic muscle aches and fevers and that hasn’t been seen in livestock in 20 years. While the man was later determined not to have brucellosis, the state has experienced its share of raw milk outbreaks over the past 15 years.

In 2008, eight state residents were sickened by campylobacter found in raw milk, and a 1998 outbreak of salmonella in raw milk sickened 47 and led to two hospitalizations. The state has also been involved in multi-state outbreaks linked to raw milk foods.

Are there any benefits to allowing unpasteurized milk to be sold legally in the state? I’d like to hear your thoughts on this.