County Milk Board May Lose Authority

The obscure Los Angeles County Milk Commission, which regulates the production, distribution and sale of raw milk, is about to lose its low profile and possibly its job.

A report due to come before the Board of Supervisors on Tuesday says the commission has been more of an advocate than a watchdog for the lone company it regulates--Stueve Brothers Farms, a Chino dairy in neighboring San Bernardino County. The report calls for the state, which currently regulates pasteurized milk, to take over the commission’s duties.

Asks for Inquiry

Chief Administrative Officer Richard B. Dixon also recommended that the state Fair Political Practices Commission look into Commission Chairman Paul M. Fleiss’ work as a paid consultant to an attorney for Stueve Brothers.

The report was ordered last May after a Bay Area judge called the six-member county panel a “captive” of Alta-Dena Dairies, a company formerly owned by Stueve Brothers. Alta-Dena no longer produces raw milk. Stueve Brothers Farms claims to be the state’s largest raw milk dairy, producing 5,000 gallons a week.

Alameda County Superior Court Judge John Sutter complained about the commission while ruling that Stueve Brothers was running a misleading advertising campaign touting the health benefits of raw milk. He noted that the commission relied on the lone company it regulates for financial support and warned that such a cozy relationship compromised the panel and weakened its effectiveness.

The dairy provides the commission with clerical help, including the typing of commission minutes, Dixon said, and the commission’s budget, including travel, is paid for by the dairy. He said he does not know how large the budget is, nor how the money is spent.

Cites ‘Machinations’

“The more I learned about the machinations of the commission, the more I understood the conclusions of the Bay Area judge,” Dixon said Thursday.

In his report, he wrote, “There are presently no established rules or regulations governing operations of the commission, or the manner by which the members are to be compensated.”

“This office found evidence that the Milk Commission has failed to uphold its standards for the certification of raw milk,” Dixon wrote. He cited the transcript from last spring’s court case in which “it was disclosed that raw milk with bacteria counts 10 times higher than the minimum standards” had been certified by the commission and sold.

Fleiss, a pediatrician, was vacationing and could not be reached for comment. Last May, he said that he worked as a consultant for the attorney for the former Alta-Dena owners and reviewed medical literature and lawsuits filed against the company. But he said he did not think it was necessary to list his consulting job on his conflict-of-interest statement because the work did not involve any cases that came before the commission.

‘No Impropriety’

A spokesman for the Stueve Brothers said Thursday, “There has been absolutely no impropriety.”’

In recommending that the commission’s duties be taken over by the state, Dixon pointed out the commission was created in 1968 because the raw milk dairy was located in Los Angeles County. Today, the dairy and milk-producing herds are in San Bernardino County, and the raw milk is distributed statewide.

Dr. Robert S. Neuenschwander, a commission member since 1983, insisted Thursday that he and his fellow members are independent.

“I certainly don’t want any milk to be sold that will be unsafe to anybody,” he said.

Cause of Concern

He expressed concern about Dixon’s recommendation to turn over the job to the state. “Many people in Sacramento are very hostile to the concept of raw milk, and I think this would be a good way in their minds to stamp this business out.”