TORONTO -- Outlining the finer points of the cow-share program he used to distribute raw milk, dairy farmer Michael Schmidt told a court Wednesday he never meant to break the law.
"My concern was not to circumvent the law. My concern was simply to work within the pa-rameters of the statutes and acts," he said.
The 54-year-old from Durham, Ont., faces 20 charges stemming from the production, stor-age and distribution of raw milk. In Canada, it is illegal to distribute unpasteurized milk, which health officials consider a hazard.
But Schmidt said he's not selling raw milk. Instead, he said, he's selling teats.
That's because the cow-share program works on a "one teat per membership" basis, he said.
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After paying a $300 sign-up fee, members own a portion of the cow, he added.
They pay Schmidt for a boarding service, "which includes feeding, cleaning and housing of the cows," and in return are entitled to the cows' raw milk, which Schmidt sometimes deliv-ers, he said.
"We do not sell raw milk to the public," said Schmidt. "No one can receive milk or milk products unless they are members."
Schmidt, who is known to many cow-share members as "the milkman," said he developed the cow-share concept in his native Germany in 1980.
There, he said, it is not illegal to sell or drink raw milk.
"You can, in fact, buy raw milk in the supermarket," he said.
Advised by justice of the peace P. Kawarsky that he had the right not to take the stand, Schmidt said he would "love to testify."
He then read his 18-page statement.
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Schmidt, who was representing himself, remained standing for about 90 minutes through-out his testimony and the subsequent cross-examination.
"I thought we had finally found a concept which satisfies the legal requirements through the private contract with our cow-share owners," he said.
In the Crown's cross-examination, Allen Ryan, a lawyer representing the Ministry of Natu-ral Resources, asked Schmidt: "How does a private contract exclude you from public health legislation?"
Schmidt replied that drinking windshield fluid is legal within the privacy of one's own home.
