DEBATE surrounding the consumption of raw milk is expected to reach the courts as a Fleurieu Peninsula dairy faces legal action for allegedly selling the product.
The Tyler family's Moo View Dairy at Willunga Hill was issued with a compliance notice last week following a visit from Biosecurity SA, the Dairy Authority of South Australia, and SA Police.
They have set up a 'cow-share' program which allows people to buy shares in the cattle and their production, bypassing the banned sale of raw milk because it is "their" (shareholders) cow.
But State Agriculture Minister Gail Gago said on radio this week that she had received legal advice that such cow-sharing arrangements were unlawful.
In a letter to Stock Journal, Ms Gago said the dairy was issued a compliance notice that required it to cease supplying unpasteurised cow's milk to the general public through any means.
"Contaminants in unpasteurised milk can pose a significant health risk to pregnant women, children, the elderly and those who are already immune-compromised," Ms Gago said.
"Pasteurisation of cow's milk is readily available as a very effective preventative measure for the general public.
"The law clearly says the sale of raw cow's milk to the general public is illegal.
"In the interests of public health and safety we must uphold this important food-safety law."
Raw milk can carry bacteria such as salmonella, E. coli and listeria, but is seen by some as a clean and properly balanced food.
The Australia New Zealand Food Standards Code defines dairy primary production as the production of milk or colostrum for further processing for human consumption, and that dairy processing includes the manufacture of dairy products, including milk.
But the dairyfarmer involved - Mark Tyler - argues that he does not produce milk for processing, and therefore does not fall under such legislation.
South Australian Dairyfarmers Association president David Basham said that if a health issue was to arise through the consumption of raw milk, the entire industry would suffer consequences.
"It's about public safety and it is important to protect the consumer from the risk of drinking raw milk," he said.
"Pasteurisation is a simple process of heating milk up and cooling it down quickly to remove potentially dangerous bacteria."
Raw milk is nationally banned from sale.
"In places around the rest of the world where it is sold it is a very managed supply chain to try and minimise the risk by other means," Mr Basham said.
"Australia has long distances to travel, more so than places like Europe, that make it harder to manage a safe supply chain."
Biosecurity SA would not comment at this stage.
*Full report in Stock Journal, May 23 issue, 2013.
