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In a surprise verdict that stunned even the defendant, a justice of the peace has dismissed a slate of raw-milk-related charges against Ontario dairyman Michael Schmidt and simultaneously delivered a boon to Canada's food-rights movement. Mr. Schmidt supplies raw milk to a small network of people with ownership shares in his dairy cattle. He was facing 19 charges related to public health and milk marketing when, looking grim, he took his seat before Justice of the Peace Paul Kowarsky in a Newmarket courtroom yesterday morning. Throughout the three hours it took Mr. Kowarsky to read out his 40-page verdict, the outlook for Mr. Schmidt's cow-sharing operation flip-flopped from promising to doomed and back again. But Mr. Kowarsky ultimately acquitted the farmer, a rising star in the growing international farming and food-rights movement, on the basis that the unique structure of his operation does not violate Ontario's stringent milk-marketing laws. Nor does Mr. Schmidt's provision of unpasteurized milk (which is illegal to sell in Canada) to shareholders endanger public health, Mr. Kowarsky said. The judgment, the culmination of a legal battle that was launched in 2006 after a raid by the Ministry of Natural Resources on Mr. Schmidt's farm in Durham, Ont., does not mean raw milk can be commercially sold in Ontario. The decision also remains open to appeal. However, it gives a boost to the burgeoning sector of creative farm-to-consumer food delivery-programs, including "cow-shares," which have grown in popularity as mistrust in the industrial food system has increased. "What I did foremost was make sure that farmers have the rights to engage in private contracting with consumers who make an informed choice," said Mr. Schmidt, who called the ruling "brilliant" but admitted he "didn't expect such a clear verdict." He has battled with public health officials and government milk regulators since the first crackdown on his raw-milk operation, in 1994. Unpasteurized pro

daviding says: The difference between selling milk and contracting for cow-share memberships can be seen as a shift from the presumptions of industrial production towards a service system. The regulators are trying to protect bulk distribution of raw milk from anonymous sellers to anonymous buyers. In Michael Schmidt's milk house, the cow-share owners not the provider of the product not only as the person who owns the farm, but also the original producer (i.e. the cow).