Morningland Dairy Moderate Update

Hello All,

As many of you know, I have been actively helping Morningland Dairy in their problem with the FDA and the Missouri Milk Board. Kimberly Hartke, publicist for Weston A Price Foundation asked me to do an exclusive guest blog for her on the issue. So, of course, I did. You can read it here. She even put some pics from the farm on there!

Some very serious issues need to be addressed here. It isn’t even all about our ability to make informed choices about our food. It goes much deeper than that to the very core of our justice system. Where is due process in this issue? When did we give agencies the authority to destroy our property with no indemnity? How is a business that has followed all required testing and never had an illness suddenly shut down and put out of business entirely? Why is there no clear process to be followed by agents that can then be given to businesses so they can have an idea of the processes if there is a problem? Where -in the name of all that is logical- has common sense, common courtesy and decency gone?

Please read the article, and if you have questions, I will be happy to try to answer them.

Be blessed!!!

Doreen

Go to www.newswithviews.com for my articles and many other excellent researchers on topics affecting your freedom…also my blog, http://www.truth-farmer.blogspot.com

“It’s dangerous to be right when your government is wrong”==Voltaire

As the Worm Turns….100K fine over Worm Castings

Even when you are generally quite informed about things going on in a particular sector, as I often think I am with food and ag, you miss stuff. Sometimes really, really big stuff. Last night, when I was searching for something completely unrelated, I found that I had completely missed yet another insane regulatory action. I came across an article on a blog about a man, George Hahn, in California being fined $100,000 over touting the benefits of his worm castings. After searching the actual case, I found only one other article from a newspaper that had any kind of depth to it.

WORM POOP IS A PESTICIDE, AND THEREFORE MUST BE REGULATED

Here is an excerpt from the first article I found. It’s from Pacific Legal Foundation:

“Healthy plants resist pests naturally by producing enzymes that smell bad to bugs,” Sandefur explained. “Fertilizer made from worm castings helps plants to grow strong. It doesn’t do anything to bugs directly, and isn’t poisonous to them.”

“Unfortunately, Worm Gold is so effective that it alarmed state bureaucrats, who simply couldn’t allow a businessman to provide a safe, natural product to help gardeners without the state’s say-so,” said Sandefur.

The DPR determined that, because Hahn’s fertilizer boosts plants’ natural resistance to pests, it qualifies as a “pesticide” and he must obtain DPR registration – involving years of testing and thousands of dollars in fees – before he can sell it to the public. Worm Gold is already licensed as a fertilizer.

“The DPR is twisting the dictionary as it tries to fertilize and expand its bureaucratic empire,” Sandefur said. “These regulators would have us believe that anything that deters pests in any way should be called a ‘pesticide.’ At a hearing last summer, a couple of these bureaucrats were even brazen enough to say that water is a pesticide, when it is used to keep insects off of plant stems.”
Timothy Sandefur—Principal Attorney


YET ANOTHER DIGGING EXPEDITION

As I dug, I found only one article from a Sacremento site that had any depth to it and revealed any particulars on the case. Evidently, there were allegations that Hahn, the owner of the company selling Worm Gold had asserted that worm castings were somehow pesticides. While you certainly can’t dump worm castings around a squash bg infested zucchini plant and expect it to kill them, if you have really good soil with proper microorganisms, some of those microorganisms will inhibit pests and make the plants less susceptible to infestation as well as help the plant to generally be more thrifty and fruitful…..But evidently, you can’t say that any thing is good for anything any longer without paying boat loads of money to some agency to have them verify that there is some science based fact that they recognize as valid. Kind of like when Diamond Walnuts said that walnuts are good for your health and was fined quite heavily by the FDA.

On August 16th, Hahn was found guilty of not registering worm castings as a pesticide with the California Department of Pesticide Regulation (so he could validate making any claims about it) and fined $100,000 for this violation. Pacific Legal Foundation is appealing and, if there is any reason left in this world (LOL), they will prevail.

THE FUTURE LOOKS BRIGHT!

It appears that in the not too distant future mothers across the country may be thrown in jail for telling their children to eat their vegetables because they are “good for them”. Apparently the only legitimate way to nutritionally distinguish a twinkie from broccoli may rest on the FDA and their enforcement abilities, and differentiating between milk and oil and worm poop and Sevin Dust is on the EPA. Since the FDA approves GMO’s and says nanoparticles haven’t yet caused a problem and are therefore acceptable, and took 30 years to finally concede that vitamin C may strengthen the immune system, I’m sure we can all be content with any federal or state agencies thinking on our environment and health.

Every day there appears to another travesty of justice occurring, and I find that the refrain from that old Talking Heads song runs regularly through my mind….”and you may ask yourself, “Self, How did I get here?” I guess the answer is via regulations. Sheesh.

WalMart Wants More!

What do you want when you are the new Global Supply Sargent? More purchasing power, of course! WalMart is dominating the American grocery retail sector already and they want the world….I think they may get it, too. I often call them the New World Order Company Store, but, I guess I’m a bit of a cynic.

I wonder what will happen when Walmart, who is too big to fail, founders?

Here’s an article about how much they love to keep giving you the lowest price…..


Wal-Mart Wants More Buying Clout

The world’s largest retailer is convinced it can cut even better deals by consolidating its purchasing of raw materials with partners

By Matthew Boyle and Carol Wolf

Wal-Mart Stores (WMT) purchasing chief Hernan Muntaner has a dream: teaming the giant retailer with soda and snack maker PepsiCo (PEP) to buy potatoes jointly for a lower price than either company can get on its own. That would allow both to earn more money on the chips and spuds they sell in Wal-Mart’s supermarkets. So far, Pepsi isn’t playing along. But with sales slowing in the U.S. and the price of sugar, meat, and wheat on the rise, the world’s largest retailer is jointly purchasing a growing share of raw ingredients with manufacturers of food and household products sold in its stores. Products already being purchased with suppliers include sugar, which goes into the company’s store-brand soda and five-pound bags, and paper, used in Wal-Mart’s back-office printers. Muntaner envisions a day when his company will do it with most goods it sells.

“Around the world, we found we were buying the same raw materials” that Wal-Mart suppliers buy, says Muntaner, whose official title is vice-president for international purchase leverage. “When you put the volume together of what we bought and what [suppliers] bought, and buy from just one supplier, you can reduce the cost.”

It’s all about the retailing giant doing what it’s become famous for: squeezing costs out of its supply chain. And although Wal-Mart is already feared by many suppliers for its enormous buying clout, it’s convinced it can cut even better deals by consolidating its purchasing with partners. Currently, only makers of private label goods sold under Wal-Mart’s house brands have joined in its so-called collaborative sourcing program. Manufacturers of branded products have taken a pass because they’re loath to share pricing data and product formulas, say executives at three companies approached by Wal-Mart. Pepsi declined to comment.

Muntaner says that “in most cases” the branded companies “are more sophisticated than we are” in buying raw materials. “But we have found times when that wasn’t the case,” he adds. He declines to give specifics. “Sometimes it’s very hard with a big company to have conversations like this,” Muntaner says. “That is the main reason why we don’t have Pepsi yet.”

Muntaner’s primary job is to circle the globe helping Wal-Mart’s international divisions, from China to Japan to Brazil, find ways to use the company’s massive buying muscle to lower what it spends on everything from copier paper to store-branded bottled water. Increasingly, that means selling the benefits of sourcing collaboratively. Muntaner says a soda maker, which he declines to name, has teamed up with Wal-Mart in Britain to buy sugar. The soda company paid 14 percent less, he says. Wal-Mart’s sugar costs also fell, savings it used to lower the price of bags of its own house brand of sugar.

In Chile, where Wal-Mart has 259 locations, the retailer teamed up with a paper supplier and managed to cut Wal-Mart’s own paper costs by 2.5 percent because of the greater bargaining clout. Wal-Mart is also jointly purchasing rice and could extend the program to everyday products such as household cleaners, vitamins, and produce. “We can do this with anything that is sold,” Muntaner says.

This is just the company’s latest attempt at slowing expense growth. Wal-Mart is already consolidating its roster of suppliers, eliminating distribution middlemen in nations such as Japan, and taking over the U.S. trucking operations from some of its suppliers in a bid to haul goods more cheaply. International chief Doug McMillon says the company is saving hundreds of millions of dollars a year from such changes—and wants savings of over a billion dollars eventually.

The bottom line: Wal-Mart is trying to increase its buying clout by teaming with suppliers to jointly purchase raw materials at better prices.

Boyle is deputy Corporations editor for BusinessWeek. Wolf is a reporter for Bloomberg News.

Morningland Dairy- Update

If you read my article on News With Views about the FDA and Missouri Milk Board shutting down Morningland Dairy, then you have a good background for a quick update….If not, I suggest you read the article and perhaps visit the Morningland blog to get a good idea of what is happening.

Yesterday, after Morningland published their “Objection to Order to Destroy” and sent out a press release about it, they were contacted by the Attorney General’s office and told to be in court TODAY for a hearing in Howell County Circuit Court asking for a restraining order against them to protect the public from the cheese, I guess, and also a preliminary injunction to (among other things) prevent them from “continuing and future violations of Missouri’s dairy law.”

If their actions alone don’t say it, that citation from the notice of service clearly indicates that the Missouri Milk Board is acting as the agent for the FDA and believes that raw dairy is inherently dangerous and -all- adulterated. That’s how I see it anyway. If others see it differently, I would like to know how.

Here is the Press Release and Objection to order to destroy copied and pasted below.You can find the documents from the state at NICFA’s website, and the court docs will be posted there soon…..BTW, the Attorney General’s office called at 4:50pm yesterday to tell them court was canceled because they couldn’t get 2 of their witnesses there. I think giving 24 hour notice of a court date over approximately $250,000 worth of product is less than honorable. One assertion in the court docs is that the product is that “immediate and irreparable injury, loss or damage will result if the condemned cheese products are not destroyed”. As if cheese sitting in a cooler can climb out and go kill somebody. Hyperbole, anyone?

Here are the Press Release and Objection to Order to Destroy:

=====================FOR IMMEDIATE RELEASE===================
Date: October 6th 2010
Subject: Family Run Dairy Ordered to Destroy 50,000 Pounds of Cheese
Subheading: Battle Over Raw Dairy Products Has a New Epicenter

Morningland Dairy has issued an objection to the Missouri Milk Board’s “order to destroy” their inventory of raw aged cheese. The cheese is being held on their property under an embargo issued by the Missouri Milk Board on August 26th, 2010. The embargo on all Morningland’s product was issued in response to tests done by the California Department of Food and Agriculture on cheese seized in a raid on Rawesome Foods in Venice, Ca. on June 30th. The embargo halted all production and sales of Morningland cheese.
Missouri Milk Board gave Morningland a verbal order of destruction on September 24th. Joseph Dixon, owner and General Manager of Morningland, then requested that Gene Wiseman, Executive Secretary of the Missouri Milk Board, provide written notice of the order to destroy and the method of destruction. Wiseman wrote the order to destroy on October 1st and it was hand delivered by Don Falls of the Missouri Milk Board to Morningland Dairy on October 1st, but it did not include the destruction procedures.
Denise Dixon, owner and General Manager of Morningland Dairy says, “Morningland has been producing raw aged cheese for 30 years, and in that time, absolutely no reports of illness have been made by anyone who has consumed our product. We are, and remain, wholly committed to providing good, healthful food to our customers. The order to destroy nearly 50,000 or so pounds of our cheese is not associated with even one complaint of illness, and we believe it’s an over reaction at best.”
In their objection to the destruction order, Morningland offers a remedy based on sound and verifiable scientific testing. Denise Dixon says, “It is our hope that reason and common sense will prevail. Until that happens, it appears that the State of Missouri and the FDA are more interested in putting us out of business than allowing consumers to have a choice in their food.”
At this point there is no written assurance from the Missouri Milk Board indicating that Morningland will be allowed to resume production or distribution of their products.

Objection to Order to Destroy Dairy Product at Morningland Dairy

Morningland of the Ozarks, LLC, dba Morningland Dairy, is in receipt of recommendations by the Missouri Milk Board and representatives of the Missouri Department of Agriculture, ultimately ordering the destruction of ALL cheese produced by Morningland Dairy from January 1st, 2010, through August 26th, 2010. Morningland Dairy LLC hereby gives notice to the Missouri Milk Board and the Missouri Department of Agriculture and their agents, that we object to this order and request due process be followed before any further destruction of our property, wealth, and ability to provide ourselves and our customers, with a desired and healthful product is incurred.

Morningland Dairy is, and has been, committed to providing a growing clientele with raw milk cheeses for more than 30 years. In thirty years, there have been no reports of illness associated with consumption of our cheese.

Because of the untenable nature of the order of destruction, we cannot comply and we formally lodge our objection to this order and request that the order issued by Gene Wiseman, Executive Secretary of the Missouri Milk Board, be immediately rescinded. Instead, Morningland Dairy requests that all parties involved consider the scientifically sound and common sense remedy to the allegations of “contamination” of our product be applied. This remedy can be found at the end of this document.

Many of the “facts” as stated by the Missouri Milk Board et al in the order to destroy and the attachments thereto are both incorrect and unscientific. A brief rebuttal to the major inconsistencies and substantive errors follow:

1) To date, there has been no legitimate test performed on Morningland Dairy cheese, although Morningland Dairy owners have repeatedly requested that proper tests be done. California authorities did not sign the test they allegedly performed until 55 days after product was seized at gunpoint from Rawesome Foods. No sample of said product was shared with Morningland Dairy as is required by California and Missouri statutes; therefore, there is no confirmation of the findings reported by California Food and Department of Agriculture.

2) Morningland Dairy plant manager, Jedadiah York, and Plant Owner/Gen.Manager, Denise Dixon, apprised Don Falls of the Missouri State Milk Board that more than two samples of Morningland Dairy cheese had apparently been tested in California, and that those results should be considered in the situation of alleged contamination of Morningland Dairy cheese. Mr. Falls’ reply was that he was not told about it, and we repeatedly asked him to look into that situation. Mr. Falls later stated he could not get that information from California, and that it was up to Morningland Dairy to request it. Instead of getting the requested information, he repeatedly stated that we just needed to “concentrate on doing the recall”.

3) Despite being aware that several types of Morningland Dairy cheese had been tested and evidently tested clear by the California Department of Food and Agriculture, Mr. Falls insisted that all of our cheese must be recalled, not just the two batches that were identified from the alleged contamination found in the California test.

4) No Missouri State Milk Board representative obtained samples from Morningland Dairy. Instead, at the request of Morningland Dairy owners, samples were taken by a Morningland Dairy employee, and submitted to Microbe Inotech Laboratories, Inc., of St. Louis, MO, (this lab was suggested by Don Falls of the Missouri State Milk Board) on August 27, 2010 for testing.

5) The only witness to the sampling from Morningland Dairy was the employee who did the sampling. When Morningland Dairy owners, Joseph & Denise Dixon, learned how the samples were taken, they knew that the tests would be inaccurate and, consequently, erroneous. Despite repeatedly informing Don Falls and also Audra Ashemore, of the FDA, of the faulty sampling methods, both of these individuals used the results of this inept test in their reports.

6) Mr. Falls failed to see to it that samples bore the signature of the person taking the samples, which is required by section 196.565 of the Revised Missouri Statutes. Although Mr. Falls states that an employee of Morningland Dairy delivered said samples to Microbe Inotech Laboratories, Inc., the samples were in fact given to a family member of Joseph & Denise Dixon. She, in turn, met another family member in Edgar Springs, MO, who then took said samples to said lab. Neither of these family members is an employee of Morningland Dairy. These facts are reported to illustrate the falseness of Mr. Wiseman’s statement that “State Milk Board staff documented chain of custody and maintained the integrity of samples by ensuring the storage containers where the cheese products were kept were properly sealed, labeled and secured.”

7) Three FDA representatives took 100 swab/sponge tests of the cheese plant and the milk barn at Morningland Dairy during the first week of September. The following week, Audra Ashemore of the FDA, called Plant Manager York, to say that the swab test results were in, and that the tests came back clear. When Mrs. Dixon requested a copy of these test results, Ms. Ashemore stated that Morningland Dairy would receive a copy, and that the FDA did not have a copy. To date, Morningland Dairy has not received a copy of said results, and no mention has since been made of the fact that both the cheese plant and the milk barn tested clear.

In conclusion, due to the lack of scientific evidence, lack of transparent protocol and complete lack of any illness associated with our cheese, and the absurdity of the assertion that ALL, nearly all, or even some of Morningland Dairy cheese is actually below standard, we –again- offer to test each batch of cheese in our cooler prior to shipping the product to our customers.
Because of the fact that it is far from a light matter to put families out of work and out of business when no harm has occurred to anyone in a thirty-year history, we are more than reluctant to destroy nearly 50,000 pounds of food based on erroneous tests. We have always appreciated the input and advise of the Missouri Department of Agriculture and Milk Board and have no issues with following logical and scientifically accurate suggestions and recommendations. We do, however, have no desire to harm our customers or ourselves by following unjust, unscientific, faulty processes that destroy the health and livelihoods of those involved with our company.

At this point, October 6th, 2010, we have been required to recall 6 months of work, have been completely shut down and forced to dump milk for nearly 5 weeks, are being told we must destroy at least 8 months of work, and have no assurance that we will be allowed to continue to produce our product without further subjection to overzealous enforcement actions on the part of the FDA or the Missouri Milk Board.

We seek justice, reason, logic and decency, and we desire to live peaceably and to profit from our labor. Due process is inherent in our system, and we request that it be followed.

Proposed Remedy from Morningland of the Ozarks, LLC to the Missouri Milk Board and Representatives of the Missouri Department of Agriculture

1) Morningland Dairy will diligently strive to put into action those reasonable procedural recommendations rendered in the Memorandums from the MO State Milk Board and Dr. Harold Treese, as soon as finances and circumstances allow.
2) Morningland Dairy will diligently perform two microbial tests, using a state approved lab of our choice, on each batch of cheese in order to identify any contamination, and will offer for sale only cheese batches that are found to be free of contamination. Any cheese batch that tests positive for contamination will not be offered for sale.

==================
===end===

Stalled Food Safety??? We shall see……..

So I am in throes of dissecting the “bipartisan”, same as if not worse than it ever was, Senate Bill 510. There is a lot of hoopla going on about it. The people who actually think it is somehow beneficial to give the FDA USDA, CBP and DHS more power than they already have to do the job that they aren’t doing are out in force. Merler is a law firm that sues on food safety issues, and he is the biggest public proponent of this legisation. He has a post on how upsetting it is that there appear to be power structure problems with pushing this bill through, and was actually good enough to post some negative comments about the bill. You can read that on his blog, Marler and weigh in if you feel inclined.

I’ve been spending an awful lot of time with Morningland Dairy in their effort to try to get common sense in the regulatory approach to their recall situation. At this point, the Missouri Milk Board is “recommending” that they destroy all cheese in their cooler made through June the 25th. This is a little more than a half year of work. Morningland wants to test their uncut blocks of cheese, and the Milk Board is still taking the position that they simply should destroy all of it. Seemingly, Morningland has to get permission from the Milk Board to actually test their cheese. I find this ludicrous and nonsensical. Not a single illness or complaint about their product has been levied. I am more than certain that if Kraft has an issue, they don’t close them down for a month and then ask them to destroy half a year’s worth of work.

What we have in Morningland is definitely a double standard from large entities to smaller entities. They want to test the actual cheese and implement “recommended” “good manufacturing practices” and wish to test every lot of cheese for several months before they will ship it out. But they are being stopped from testing what they already have. Kooky…..IF common sense is given any thought at all, but if not, then this is all perfectly logical.

I should finish my article on 510 soon. Have a great day!!

Last Show on Liberty News Radio-9-18-10

Yes, it is going to be my last show on Liberty News Radio tomorrow morning. I will have a guest on with me who is very studied on the One World One Health Initiative that is already being legitimized in law in the United States, and it will NOT be better for your freedom, your health, your pocketbook or your choices. It’s an all around bad deal that you will want to understand the terminology linked to it, as well as the scope and method of implementation.

My guest has put together a wonderful document to help you learn this program and while I cannot post the entire thing here (lack of time and my general ineptitude with -blogger-) I’ve put a snippet below and you can email me at animalwaitress@yahoo.com with the heading “OWOH Paper” and I will be happy to send it to you. I encourage everyone to download an archive of this program from the show archives section of Liberty News Radio.

As I said in the “Something’s Happening Here” post below, I will be doing a lot of radio still, just giving up my own show, so look for me on Derry Brownfield, The Power Hour and the Liberty Roundtable on a regular basis.

Be Blessed, everyone!

Doreen

Here is a taste of the document for tomorrow’s show:

Truth Farmer Listeners

The One Health Cash Cow

From a Texas A & M: Mass Animal Carcass Management Powerpoint

The Global Cash Cow is strategically placed in many government and higher education powerpoints

There is a United Nations code that few people are aware of. They are the Terrestrial
Animal Health Code, Terrestrial Manual of Diagnostics & Vaccinations, and Terrestrial Aquatic Code combined are that is the equivalent of 9 reams of copy paper!

➢ This code was established because the US is a UN Member Signatory
➢ This code was not brought to you or you public officials for a vote
➢ This code when fully implemented will regulate every facet of your life
➢ This code defines you as an animal and you will be treated as the global herd

Under the Terrestrial Animal Health Code you are defined as an animal.

An animal means a mammal, bird or bee (1)

Don’t think so?

From the Summer Edition of the One World, One Health Newsletter, Volume 3, Issue 3

Highlights: “My Future Veterinary Career in Human Health.”

===============

More Insanity!!!

County Sues Farmer, Cites Too Many Crops
WSB-TV

http://www.wsbtv.com/news/24979774/detail.html

Posted: 5:20 pm EDT September 12, 2010Updated: 10:00 am EDT September 13, 2010
DEKALB COUNTY, Ga. — DeKalb County is suing a local farmer for growing too many vegetables, but he said he will fight the charges in the ongoing battle neighbors call “Cabbagegate.”

Fig trees, broccoli and cabbages are among the many greens that line the soil on Steve Miller’s more than two acres in Clarkston, who said he has spent fifteen years growing crops to give away and sell at local farmers markets.

“It’s a way of life, like it’s something in my blood,” said Miller.

In January, Dekalb County code enforcement officers began ticketing him for growing too many crops for the zoning and having unpermitted employees on site.

Miller stopped growing vegetables this summer and the charges were put on hold as he got the property rezoned.

WATCH: Farmer Sued For Excessive Veggies

Two weeks after approval, however, his attorney said the county began prosecuting the old charges, saying he was technically in violation before the rezoning.

“It should go away. I think it borders on harassment,” said Miller’s attorney Doug Dillard.

Miller faces nearly $5,000 in fines, but he said he plans to fight those citations in recorders court later this month.

A county spokesperson said officials can’t discuss the matter while it is in court, but neighbors were quick to come to his defense.

“When he moved here and I found out what he was doing I said, ‘Steve, you’re the best thing that ever happened to Cimarron Drive. And I still say that,” said neighbor Britt Fayssoux.

Something Happening Here…..

And what it is, is pretty durn clear. If you’ll read the posts below, you will see a concerted effort to shut down raw dairy distribution of any variety. And if you’ll go to News With Views, and read the articles, you will get all the click through links to the documents substantiating my claim.

The past month has been very, very busy here. Not with things I really -want- to do, but with a lot of fighting for facts and answers from the actions against farmers and food clubs across this country.

As most of you know, I have a radio show on Liberty News Radio every Saturday from 10-11am Central time. September 18th is going to be the last show for Truth Farmer on Liberty News Radio. It’s going to be one of the deep educational type shows on One World One Health, which is a trademark of the World Conservation Society, and a full fusion global initiative to form and transform all areas of health. And I mean all. It is the interface for human, animal and environmental health. I will have a guest on who is very adept at finding the ‘processes’ that governments use to push these global initiatives without any actual legislative authority. It will be a show that you will want to download and listen to more than once or twice so you get the full effect and procedures of this global initiative that will be de facto law in the not too distant future.

The reason(s) I am giving the show up are that I am simply needed more at home, and I usually spend 8-10 hours on prep for the show, so that time will now go to my children and their schooling. I might even try to make cookies for them twice a month! For five years I have been more than a full time unpaid ag-tivist, and I often wonder exactly how that feels for the children. I’ve spoken with the sixteen year old in depth about it, and she tells me “I know it’s necessary, but it is really kinda weird.” The 18 year old is more pragmatic, “If you got paid it would make more sense, but I guess someone has to do it, and you seem to be good at it…You know we’re proud of you, right?” And the little one just wants cookies and more play time.

So what I am definitely going to do is be a regular guest on at least three radio shows that have much larger audiences than I could ever get doing a one hour a week show on the weekend. This will reach more people with this important information and allow me to use my time more efficiently. For the past three months I have been doing a regular once a month slot on The Power Hour every second Monday at 9am Central time. Beginning next month, I will be on Sam Bushman’s Liberty Round Table at 8am Central every first Monday of the month. I am also a regular on the Derry Brownfield Show, and I think we’re going to firm up a schedule on that soon, but that show is M-F at 10am Central.

Also, I will (Yah willing and the crick don’t rise) be writing more regularly for News With Views and continuing to participate on R-CALF USA’s Animal Id Committee, and will work with The Ozarks PRC and continue my work with the National Independent Consumer and Farmers Association as the Director of Research.

So I will still have plenty of volunteer work. If anyone wants to donate to my efforts, please send me an e-mail (animalwaitress@yahoo.com). Every little bit helps, and prayer is greatly appreciated as well!

Farming Without a License is a Criminal Enterprise

©Doreen Hannes
Throughout this nation it is becoming commonplace for state and federal governments to raid food buying clubs, private food co-ops, family farms and even micro farms. The reason these raids are taking place is that the FDA has determined that we are not smart enough to decide what we want to eat. They are making sure that we have a hard time getting food that is actually good for us and fulfilling their public health mission. This is the first in a three article series profiling two cases in the state of Missouri to illustrate what will be terrifically commonplace once Senate Bill 510, (The Food Safety Modernization Act-third article) is in place.
In Missouri we have families, and a food freedom movement, that are being persecuted, and I use that term intentionally, with accusation aforethought. The first family I am going to profile is the Bechard’s of Conway, Missouri. They are facing prosecution by Attorney General Koster for violating the following State statute and were also taken to court -and convicted- by Green County Health Department for “operating a food establishment without a permit”. Basically, they are being taken to court for trying to make a living from their lawful product. Their crime? Providing people with fresh milk that tested out to be perfectly fine and had no complaints or reports of illness associated with it at all.
The Bechard’s have a small farm, where they raise sheep, poultry and cattle and sell their products directly to consumers. They milk six cows and are not a “graded” facility. They deliver milk to their customers at a pre-arranged pick up point in the parking lot of Mama Jeans Natural Foods in Springfield, Missouri. In April of 2009, their eldest daughters were delivering the milk and were approached by someone wanting to buy a half-gallon of milk. Since they had it, they sold it to the man. Two weeks later, the same thing occurred. These two on the spot sales were to employees of the Green County Health Department.
The Health Department tested the milk. What they found was that there was no problem with the milk at all. The first half-gallon was kept overnight possibly on a kitchen counter and did have a high somatic cell count. The second batch was taken to the lab within an hour and had a very low somatic cell count attesting to the Bechard’s cleanliness. These two sales landed the Bechard’s in court.
Let’s look at the state charge first. Here is the pertinent Missouri law on milk :

State milk inspection required on all graded fluid milk or milk products–pasteurization required, exception.
196.935. No person shall sell, offer for sale, expose for sale, transport, or deliver any graded fluid milk or graded fluid milk products in this state unless the milk or milk products are graded and produced, transported, processed, manufactured, distributed, labeled and sold under state milk inspection and the same has also been produced or pasteurized as required by a regulation authorized by section 196.939 and under proper permits issued thereunder. Only pasteurized graded fluid milk and fluid milk products as defined in subdivision (3) of section 196.931 shall be sold to the final consumer, or to restaurants, soda fountains, grocery stores, or similar establishments; except an individual may purchase and have delivered to him for his own use raw milk or cream from a farm.

Evidently, Missouri Attorney General Koster doesn’t understand either the term “graded” or the meaning of the word “except”, and is opting for redefining that word by putting a family’s livelihood on the line and moving forward with prosecution of Armand Bechard for selling his milk to individuals who want the product. Koster’s argument for pursuing a case against the Bechard’s is that he has gone back and read through the floor arguments from 1972 when the law was enacted in Missouri and believes that the legislators didn’t mean what they actually wrote into law. Koster has also consulted with the bureaucracy that is “in charge” of milk in Missouri, “The Milk Board”. Incidentally, the new chair of the Milk Board is also on the Green County Health Department and is driving the charges against the Bechard’s.
For years, the Milk Board has periodically threatened providers of fresh milk with fines and penalties if they continue to sell their product. Usually, the threats come after the Milk Board has made telephone calls to providers of milk listed on a Weston A. Price website called Real Milk. We are listed on that site, and from three weeks to two months prior to actions from the Milk Board instructing people to “cease and desist” or be fined for selling milk, we receive calls for milk from several hours away asking if we have milk for sale; and then I know something is about to happen. This is exactly what happened before the “sting” on the Bechard family occurred.
In the two most recent state legislative sessions there has been a bill put forth to clarify that it is lawful for people to sell their milk to individuals for their own use. Both times, the Milk Board maintained that it wasn’t necessary and once they even wrote a letter for dissemination clarifying that it was indeed legal to sell milk from a farm directly to an individual.
Attorney General Koster asked the Bechard’s to sign a consent decree that states they will never deliver milk at a common pick up point again and instead will take all milk directly to the residence of the people wanting the milk. It also stipulates that the Bechard’s are guilty of violating state law and amounts to a confession of guilt.
Not too surprisingly, this wasn’t an appealing way to resolve the issue for the Bechard’s. We are talking about a product that is not stable in all temperatures and that needs to stay cool so it doesn’t go bad and breed bacteria. If they were to drop off product at residences, there is no telling how long the product could be without refrigeration. People do still work, and most families have both the husband and wife working, so the chances of meeting people at their homes when delivery is possible for all parties is small. The Bechard’s, like anyone in business, are interested in keeping their customers happy, so increasing the chances of sour milk on the doorstep isn’t an idea they want to entertain.

This case will begin in earnest this fall, and the availability of fresh milk in Missouri is dependent on the outcome of this State case against the Bechard’s.
Armand Bechard says, “In 2003 we called and asked the Health Department if we needed to do anything special to sell our milk and they told us that in our situation, according to the law, we were a farm and therefore exempt; we needed no permits at all. That’s what the code in Green County actually states, and we have been selling milk since then in this manner.” Asked if there had been any changes to the municipal code and Armand asserts that there are no changes regarding farm products. The only thing offered in explanation of the suit against them was that the Health Department had adopted the 1999 FDA Food Code. So, evidently, if someone from the Health Department says you need a permit, then you need a permit; even if state and county law don’t require it. Never mind what the law actually says, we’re now being run by the whimsy of agents running off initiatives of Federal bureaucracies. It’s not too comforting for those of us who tend to think unregulated thoughts.
Common sense would dictate that the Bechard case should be a non-issue. No reports of illnesses and no complaints whatsoever about the product, no clear violation of the law, should be no problem, right? But we can’t apply logic to the legal system. The judge found Armand Bechard guilty of violating the Green County Health Department’s adoption of the 1999 FDA Food Code by “operating a food establishment without a permit”. The family pick up truck used to deliver milk is the “establishment”. The County was asking for $1,000 fine and 6 months in jail for selling an unregulated product that caused no harm to any one. The sentence rendered was a $250 fine. Bechard is appealing and has been awarded a new trial.
So the question becomes, what is the Food Code? It is currently a nearly 700 page document for cities, counties, states and local governments to write regulations for their citizens. The initiatives in the Food Code are not necessarily Federal law, they are generally desires of the FDA and are more in line with the international Food Code of Codex Alimentarius than actual regulations or statutes from the Federal government. Wholesale adoption of the Food Code is a dangerous thing for freedom, yet nearly all states have adopted some version as part of their Health Department program. Cooperative Agreements between state and local governments to implement the Food Code are usually accompanied by a big sweaty pile of your money. One of these initiatives included in the Food Code is Healthy People 2020. This is a program through HHS that is supposed to make us all quite healthy. One objective of Healthy People 2020 is to increase the number of states that prohibit the sale or distribution of unpasteurized dairy products.
Missouri is a state with a very obstinate strain of people, especially in the Ozarks region of the state where the Bechard’s and Morningland Dairy (the other issue I am profiling for you in this series) are located. The Missouri Mule is famous because it adequately displays the characteristics of the citizens of the state. As a general rule, we won’t be pushed or coerced into doing something we don’t want to do. I personally find it a little more than interesting that the MIAC Report, targeting close to 70% of the citizens of the state and these recent attacks on raw dairy are happening here, where resistance is great.
If Missouri falls to full implementation of the Food Code and Healthy People 2020 the rest of the states will likely be little competition for the overreaching federal government controls brought to full enforcement by the Food Safety Modernization Act (S510). Meanwhile, we continue to fight for the right to eat what we choose, and the Bechard family faces increasing court costs. The bottom line of all of this is that if you are at all interested in agriculture, meaning you have an interest in continuing to eat food, you must become an ‘agtivist’. No Farmers-No Food.

Milk….It’s a Menace!!!

©Doreen Hannes 2010

This is the second of three articles to demonstrate the effects that Senate Bill S510, the Food Safety Modernization Act, will have on all of us. The third article in this series will be devoted to Senate bill S 510. As you read this article, it’s important to keep in mind that while the US Congress was on August recess, Senate bill S510, that will completely control the production of food, was resubmitted as a bipartisan complete substitute for the original.
On June 30th of this year, a private food co-op named Rawesome, founded by a rather iconoclastic individual by the name of Aajonus (pronounced odd-genus) Vonderplanitz was raided in Venice, California. The co-op’s members prefer to eat all raw food and have many personal testimonies of the benefits they have received from following the paleo-diet and eating all things raw. The raid involved multiple agencies – the FBI, FDA, California Department of Food and Agriculture and the Health Department among them. The agents entered with drawn guns and seized all products from the private food club. Among the products seized was raw cheese from the licensed and inspected Morningland Dairy in Mountain View, Missouri.
Morningland Dairy is a small raw cheese company that has been in business for 30 years with no reports of illness from their products ever being levied. They milk cows on site and use that milk to make their cheese in a separate building. Denise and Joe Dixon took over operation of Morningland Dairy several years ago and expanded the operation to include goat cheese made from Missouri family-run goat dairies. The cheese is sold directly to consumers and to grocery stores across the nation. According to Joe, nine families are dependent upon Morningland for their livelihood.
On August 24th, fifty-five days after the cheese from Morningland Dairy was seized by agents at Rawesome, the California Department of Food and Agriculture (CDFA) tested the cheese and reported that they “detected” listeria monocytogenes and staph aureous in two cheeses. The CDFA then reported this “detection” to the Missouri Milk Board and the Food and Drug Administration (FDA). On August 26th, the Missouri Milk Board contacted the cheesemaker from Morningland Dairy, Jedadiah York, and told him they were coming by to discuss a problem with some cheese. Denise and Joe Dixon were at the American Cheese Society convention in Seattle when this call occurred. Jedadiah called them and told them that Milk Board Inspectors, Don Falls and Roger Neill, were coming to the plant to talk about a problem and the Dixons said to fully cooperate and find out what the problem might be. And that’s when things began to get interesting.
The Missouri Milk Board Inspectors had no batch numbers or paperwork to show to Mr. York, but they pulled up the report from CDFA on Morningland’s computer and show Jedadiah the picture of cheese that was definitely under a Morningland label. However, the codes, which would tell the Plant Manager the dates of the batches, were not visible in the photos nor recorded on the CDFA report. Details were completely lacking. No levels regarding the amount of bacteria detected in the cheese were indicated on the CDFA report, no chain of custody regarding the product, no explanation of sample temperature controls or the lack of such were delineated, and no reports or complaints of illness had been made. Mr. Falls of the Missouri Milk Board told Jedadiah they would be back in the morning and that he expected to have this all taken care of very soon. The inspectors checked into a hotel and came back the next morning.
When the inspectors returned, Jedadiah was told that the FDA would be coming and heading up the investigation and that Morningland would need to suspend all operations until the investigation was complete. Their cheese was put under embargo by Missouri Milk Board and immediately inventoried, and an official notice taped to the cooler door to not remove any product. Jedadiah thought that if he simply went along and did all things the agents asked, that Morningland would be up and running again in a matter of days. This was on August 27th, and two weeks later he sees things a bit differently.
On the 27th, Michele Thompson, the Recall Coordinator for the FDA, sent Jedadiah an email asking that a recall notice of all product from 2010 be sent to the Associated Press immediately. The Dixons, General Managers for Morningland LLC, told Jedadiah to just wait until they returned from the American Cheese Society convention they had attended so they could get a better understanding of the situation by being there in person. Again, no illnesses or complaints had been reported from any consumers of Morningland’s products, and it is a very serious action to recall half a year of work based on the findings of an agency with no detailed information on the tests performed.
Nonetheless, over the weekend the FDA prepared and released a press release stating that Morningland Dairy was –voluntarily- recalling ALL of their product made from January through June 2010 nationwide, even though Morningland had not authorized the recall. This release went out at 12:01am Monday morning before the FDA showed up at Morningland in camoflauge to inspect the cheese plant. At that point, there had been no communication to the heads of Morningland regarding the lot numbers that were tested in California and no agreement to recall a half year’s work on an unsubstantiated test. The FDA’s Michele Thompson later communicated to Morningland that the FDA did not have the authority to “push for a recall” as that was against the law. She requested Morningland change commentary on their website to be in line with FDA policy. The fact remains that the FDA issued a press release announcing a recall prior to Morningland approving a recall. In other words, Morningland hadn’t volunteered to be bankrupted, yet the FDA issued a national notice stating that they had.
Joseph and Denise Dixon are committed to making a safe product. Joe says, “If we have a problem, we definitely want to deal with it, and we are willing to do whatever is necessary to ensure that we provide our customers with a trustworthy and healthy product. We do all the tests that we are required to do and are committed to our customers well being. We want to provide living, healthful food that blesses people.”
Back to the ‘facts of the case’, as it were. As mentioned before, Morningland has dairy cattle on the same property as the cheese plant, and they use that milk to make their cow cheese. When the issue of potential contamination first reared it’s ugly head, the Missouri Milk Board Field Inspector, Don Falls, told the Dixons that they would be able to sell their cow milk into the normal commercial (pasteurized) chain without much difficulty. They would simply need to find a co-op that would put them on their route and get their barn inspected and graded by the Milk Board as a Grade A dairy barn. As it turns out, that wasn’t quite accurate.
The Dixons found two milk co-ops that would pick up their milk as soon as they were graded and inspected by the Milk Board. Then the Milk Board told them that until the FDA “cleared” Morningland, they wouldn’t inspect their dairy barn. So the Dixons are left dumping their milk, unable to bring in any compensation for their labor, and still required to labor. The milk dumping might end up bringing in the EPA as they have recently declared that milk is oil because of it’s fat content.
Thus far, I’ve visited Morningland four times since the embargo on the cheese and the recall notice. My main objective is to determine the definitive procedures and timelines, with a clear chain of command, from the agencies involved, that are necessary to clear Morningland for production. The clarification of this process would ensure agency accountability and delineate a specific course of action for Morningland to follow that would give them a reasonable expectation of being allowed to get back into production and distribution of their product. It seems I would have better luck nailing fresh Jell-o securely to the wall.
The FDA and the Missouri Milk Board are playing hot potato with explaining the process. The FDA says that the Milk Board and state of Missouri are responsible for the decision that will allow Morningland to return to shipping in interstate commerce, yet the only reason for the FDA’s presence is interstate commerce. The Milk Board says that the decision must be made by committee including the inspector, his supervisor, the State Veterinarian, two microbiologists from Jefferson City, and the FDA. All discussion of procedure is couched by terms like “normally”, “usually”, “I think”, “we’ll have to see” and “probably”. The process of being cleared is as clear as mud.
So right now, the FDA is awaiting results from the swab tests they did of the cheese plant and the legs of the milk bulk tank in the dairy barn last week. When those results are in, recommendations for clean up of the environment (if necessary) will be made, and then, should the Dixons want to test the 40# blocks of cheese in their cooler, they can. However, the Milk Board says that “due to statistical probability” if Morningland tests their cheese inventory and the tests come back showing clean product, those tests are not considered official. So there is no guarantee that Morningland will be able to ship the cheese at all. It depends on whether or not “the committee” and the FDA agree that the product is ‘safe for human consumption’. The products produced by Morningland are all ‘suspect’ for adulteration by FDA definition. FDA’s definition is so broad that according to information on the FDA’s own website, all food could be considered adulterated. [Look under Legal Aspects at the previous link (4) and you will find this: “Hence, to be adulterated, food need not be shown actually to contain filth or other contaminants; a demonstration that the food was prepared, packed, or held under conditions whereby it would, with reasonable possibility emphasis added, become so is legally sufficient to prove adulteration and provide grounds for taking action against the lot”].
When one considers the FDA’s documented opposition to raw dairy, and this most sensational germophobic testimony of John Sheehan (head of the Plant and Dairy division of the FDA that oversees cheese plants like Morningland) and then the cooperative agreements, the Memoranda of Understanding (MOU’s), the guidance documents between state and federal agencies along with the federal Food Code and the initiatives outlined therein, the likelihood of Morningland being declared “clear” and moving forward without continued harassment is slim.
Remember that there is an inspection process that is ongoing in both the milk barn and the cheese plant on Morningland’s property. The milk barn must be inspected, and the cheese plant must be inspected. In my experience, if an inspector wants to find a problem, he most certainly will. The number of flaming hoops that Morningland must jump through to be re-approved for full operation are currently indefinite and could be nearly infinite.
Stepping back from the particulars surrounding the Morningland Dairy, and another Missouri fresh milk dairy under prosecution, we must look at the agency objectives revealed in their Food Code, their Motion to Dismiss response in a raw milk suit brought against them, their Healthy People 2020 program, and the international standards and guidelines of the World Animal Health Organization (OIE), Codex Alimentarius and International Plant Protection Convention(OIE) that are embedded in Senate Bill 510 to ascertain what kind of regulations S510 will allow the FDA to write to ”protect” the food supply. Senate Bill 510 will expand the authority of the FDA beyond any common sense; and I believe they’ve already illustrated they lack common sense.
What we have here is the continued destruction of food freedom, food choice and food availability. The federal government does not believe that people are capable of deciding what to eat themselves and have “erected a multitude of New Offices and sent forth swarms of officers to harass our people and eat out their substance”. Literally. That citation from the Declaration of Independence couldn’t possibly have been more true at any time in history than it is today. Remember, no farmers, no food.

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