Morningland Dairy- The Final Solution

©Doreen Hannes 2013

The Door to Morningland Dairy Cheese House

The Door to Morningland Dairy Cheese House

On August 26th, 2010 the destruction of Morningland Dairy began. Having lost a two and half year battle with cancer of the State, the interment will take place on January 25th, 2013.

People involved in all aspects of food production, be it growing, processing or distributing, should read through all the documentation and understand that Morningland’s saga is the model for all independent food production under the FDA’s new Food Safety Modernization Act. Critical to this destruction are “science-based standards” as opposed to scientifically accurate controls and concerns. The Global Food Safety Initiative combined with “Good Agricultural Practices” and the “Guide to Good Farming” will ensure that an inability to feed the population will occur.  Morningland Dairy is an early casualty of these “science based standards”.

Visions and Hopes-The Birth

Joseph and Denise Dixon took over Morningland Dairy after Denise completed a two year internship with the founders of Morningland, Jim and Margie Reiner. The Dixons finalized the purchase and began improvements on the Missouri Milk Board inspected and approved raw milk cheese plant in October of 2008. The entire family was tremendously pleased because this would allow Joseph to be home with the family instead of on the road working as an electrician in the eastern half of the United States.  The Dixons wanted to expand the varieties of cheese made by the company and ventured into a broader array of production.

Their desire was to help other families in the historically poverty stricken Missouri Ozarks to make an actual living on the farm and allow families to stay together. They consulted with the Missouri Milk Board and arranged for two families to begin providing goat milk to Morningland and launched a popular goat milk cheese line shortly after taking over the company.

Goat Cheese Ready for Labeling

Morningland had six employees and other farming families dependent upon the continuance of the cheese plant. On August 26th, 2010, it came to a screeching halt.

While Joseph and Denise were at a cheese making conference in Washington State, the plant manager received a call from the Missouri Milk Board stating that there was an issue of potential contamination found by the California Department of Food and Agriculture (CDFA) in Morningland cheese.

The cooler of $250,000 worth of cheese was immediately put under embargo, more accurately understood as house arrest, by the Missouri Milk Board. Don Falls, an inspector for the Milk Board, told the plant manager, “You should be back up and running by early next week.” Obviously, that wasn’t true. As a matter of fact, the very next morning, presumably after he spoke with the FDA, Falls’ entire attitude changed.

Over the weekend, the FDA leaked a nation wide recall on all of Morningland’s cheese produced in 2010. Not just the two batches that California indicated might be “suspect” for contamination, but their entire year’s production. Most of the cheese implicated as “suspect” by California had already been consumed. No complaints or ill effects were reported by any of the consumers of any of Morningland’s cheese. Nonetheless, the FDA required all of their products to be recalled.

Cheese in Morningland’s Cooler In Happier Days

Death by Bureaucracy

 Very few people realize the FDA has an armed and very military aspect. They showed up at Morningland in camouflage and made a lovely impression on those able to be at the unveiling of the future of food safety “FDA style”.

The FDA and Milk Board worked hand in hand to ensure that this little cheese plant in the midst of the Missouri Ozarks, that hadn’t made anyone sick in 30 years, would never make another batch of cheese for their loyal customers. Yet the FDA, who admit to killing 100,000 people a year, are allowed to gain ever more control over everything we take into our bodies. So the tally on deaths over the 30 year history of Morningland Dairy versus the FDA is:  Morningland “Zero”, FDA “3 Million”…or somewhere near that.

Despite significant effort, the FDA found no contamination in any cracks or drains in the cheese plant or even on the legs of the milk talk in the dairy barn. This evidence was not allowed to be introduced as part of Morningland’s defense because the Missouri Attorney General’s office contended that the FDA “was a separate issue.”

When pointedly asked what the specific process for getting the cheese plant back into production was, the Milk Board representative said it would involve a panel and consultation with the FDA to determine if that were a possibility. The members of the panel, other than the Milk Board and the FDA, and the specific requirements and processes were never delineated and no effort to achieve anything other than the destruction of the plant was ever evidenced by any official arm of the State of Missouri.

Neither the State of Missouri or the FDA ever conducted any tests on Morningland’s cheese. As a matter of fact, when Morningland tried to contract with a State approved lab to do proper tests on batches of their cheese, they were told that the lab simply did not want to get involved in the controversy. Morningland was denied the ability to legitimately test their product and defend their livelihood.

Adding insult to injury, Milk Board employee Don Falls testified in court and under oath that, improperly collected cheese samples, taken with no supervision and no instruction by an employee of Morningland for the plant’s manager, were in fact the State’s own tests.  This remains a very sore point for Joseph Dixon. He says, “When one commits perjury and no one in authority will hold them accountable for it, that individual and the system they support are nothing more than liars and thieves. In this case, the theft is of our ability to provide for our family and is based on bearing false witness to harm people who have harmed no one.”

Real Life Costs

 While bureaucrats masquerading as “protectors of public health” continue to be paid every month for the tortures they put people through, those being raped and pillaged by the very system that is supposed to “protect” them have to somehow come to terms with the fact that their very own tax dollars are being used to continue the offense.

When it became clear to the Dixons that the Missouri Milk Board was unwilling to work with them toward any resolution that would allow the cheese plant to resume operation or allow for the least bit of recompense for the $250,000 of cheese in the cooler, not even deeming the cheese safe for ultra high pasteurization to be put into dog food, Joseph contacted his previous employer and went back to work as an electrician….away from his home and family.

The Dixons, parents to 12 children, steeled themselves to do what they admonished their children to do. To stand for what was right no matter what the odds against them were. After their appeal for trial by jury was denied, they knew that they would need to face a State Agency, represented by the State Attorney, in front of judges appointed by the State. While they hoped that truth would prevail and that reality would actually be addressed, they didn’t go into this battle wearing rose colored glasses.

Initially, after over five weeks of dumping milk, some of their adult children milked the cows and Morningland sold into the commercial pasteurized chain, trying to make the farm pay for itself. When milk prices plummeted and the cost of feed soared, the decision to close the milk barn down was made. But the Dixons still needed to make the payment on the property they couldn’t use to make a living with any longer. They also had to pay to keep the cheese cooler running as the cheese was still under house arrest and effectively a ward of the State.

With Joseph again away from home during the week, and all the expense of keeping things in tact on the farm, things were difficult. Then Denise’s father became bed-ridden and her mother broke her ankle, so Denise and the younger children went to Ohio to care for her parents.

While the State employees continued to collect their wages, Denise Dixon nursed her mother back to wellness and cared for her father until he passed away. During this time, she had to make a couple of trips back to Missouri to face charges of contempt and allegations of attempting to sell illegal product.

None of the human issues in the disruption of lives and the stress of such assaults by the State seem to be taken into account when figuring the costs of these kinds of actions.

Should one believe the deductions set forth by Missouri’s Courts in this case, and take as fact the aspersions and allegations cast against Morningland in the court transcripts, the conclusion could be drawn that the State was the “Knight in Shining Armor” protecting the unwitting public against immoral people trying to poison their customers with products they created to be harmful.

But the truth is, the truth of the matter doesn’t matter. At least not to agents of the State of Missouri, but the People of Missouri generally hold a different opinion.

“Admittedly,” says Denise, “some of the tactics employed and the characterization of us running a “filthy” facility with “diseased animals” stunned us, but our Father is still in charge, and our hope is not in justice being served in man’s system.”

The End is Near

After exhausting all appeals, the cheese, still being kept cool in the refrigerator at Morningland Dairy, is set to be fully destroyed by the agents of the State, the Missouri Milk Board, on January 25th, 2013.

Two and a half years later, one could reasonably argue that the untended cheese has already been destroyed, and to some extent, that would be accurate. Just imagine that you close your refrigerator door and don’t get permission to look into it for 2 ½ years. How would that look to you? While pickles or olives might still be alright, it is highly likely that your dairy products would be a little bit off after such neglect, right?

Denise Dixon said, “After 6 months, the Colby was already gone, and that was about one fourth of the total cheese inventory. After not tending to it, no turning, no repackaging, no monitoring, at least half the cheddar has been ruined. The destruction has already taken place. Our family business, our livelihood, and our ability to provide people with living, positive food has been destroyed.”

Morningland's Cooler Now

Morningland’s Cooler Now

The Missouri Milk Board has ordered two dumpsters to be delivered to Morningland Dairy. So the cheese, which is “not fit for dog food”, will be put into dumpsters and delivered to a landfill to be consumed by wildlife which evidently are immune to the pathogens feared to be present.

Morningland Dairy will never be in business again.

No offer has been made by the Milk Board to prescribe the conditions that would need to be met by the operators to allow them to resume business. The Judge presiding over the case originally did write a regulatory prescription from the bench that was completely implausible for anyone to meet. It included a requirement to insure that no milking animal had bacteria indicative of potential mastitis at all prior to milking the animal.

To put that one judicial regulation into perspective, allow me to draw a parallel for those unfamiliar with milking animals. You milk twice a day, every day. The milk is “commingled” into one tank. So, imagine this….before sending your child to school, you must take a nasal swab and have it cultured to ensure that your child is not harboring a potential bacterial infection before boarding the bus. You would have to pay for this lab technician to be present every morning and for the tests. When your child came home in the afternoon, the same process would be repeated. You would have the immense pleasure of paying for this and keeping the records to validate the bacterial level present at each measuring.

While the scenario imagined above may not be literally impossible, it is certainly improbable, and it would be impossible to have any profit above the cost of production in such a scenario. But that wasn’t all that this judge set forth as regulation for Morningland from behind the bench, with no comprehension of dairy production or cheesemaking. The other prescriptions the judge made would have cost more than $100,000 in hard costs, with additional continuing costs for excessive testing during the cheesemaking process. He also still required the destruction of all cheese in the cooler, not allowing any batches to be cleared through testing. Additionally, the Missouri Milk Board never indicated that they would accept Morningland returning to production even if they did comply with the Judge Dunlap’s outlandish prescriptions.

The Missouri Milk Board nor the FDA have offered any process by which Morningland might be allowed to resume business and the courts have seemingly upheld Judge Dunlap’s regulating from the bench.

The Battle Is Over

Joseph and Denise Dixon of Morningland Dairy have given everything to this fight. Battling the State wasn’t really about them at all, but about our nation, our freedom, and our ability to choose food for ourselves and for our families that is truly nourishing and real. They held nothing back, but finally, the repeated systemic attacks have run their full course, and the dreams, hopes and labors of love poured into Morningland have succumbed.

As Joseph Dixon has summarized, “The state of Missouri has 6 million people from whom they draw tribute (taxes), from which they could fight us. To fight them, we had 65 cows.  And the truth never seemed even to be a consideration, let alone a goal.”

The Dixons no longer have those cows. They no longer have the cheese. They no longer have the family business and have lost all Joseph’s retirement savings, which the cheese represented. They are left with a skeleton. A milk barn with no cows, and a cheese plant with no milk, nor permission to ever make cheese again.

On January 25th, friends and family will witness the pulling of the plug on the cooler and the removal of the $250,000 worth of food created to nourish but prevented from fulfilling it’s purpose by bureaucracy and science based standards that have no basis in true science.

Rest In Peace, Morningland. Righteous judgment will come.


For all articles and documents, please visit The Uncheese Party. You can also donate to help the family begin the next segment of their lives.


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.


Show Time!

This week I go to a new time slot on, with some new stations picking up the radio show. It’s really exciting that people are interested in more in depth explanations of what is affecting each and every one of us as the move toward full harm-onization of our nation continues. By continuing to do the next right thing, we make it more difficult for those who think we are too stupid to even decide what we want too eat. Below is the show blurb for those who might want to listen…..

This week on Truth Farmer, Doreen Hannes will have David Gumpert, author of “Raw Milk Revolution” and several other books, as a guest to discuss issues and possibilities in the direct farm to consumer trade of agricultural goods, along with whatever else happens to strike their fancy. David is also a journalist (Business Week), as well as an icon in the local food movement. He has a great blog to visit,

Please tune in to the show at it’s new time 10-11am Central on Saturday, March 20th to hear what promises to be a very entertaining and educational show brought to you through the grace of God….. and Call 866-986-6397 during the show with questions or comments.

Thank you!!

And Now, for my next guest—Richard Boyden!

I encourage you to go to the original article house at Black Hills Portal, and click through links if you haven’t already read them. The gentleman who authored the following article,Richard Boyden,(this article is a masterpiece indictment of the bureaucratic foolishness surrounding raw milk) will be my guest on this week’s Truth Farmer radio show at He is an absolute wealth of information! I am very much looking forward to the show.

For those who might wish to know, I am supposed to be on Derry Brownfield on Thursday. The show is going to be on the smoke and mirrors NAIS implementation…and who knows what else!

Please read, this will be good for your health!

Headline News

South Dakota Raw Milk Producers vs Big Government

State of South Dakota Initiates “Pogrom” Of Economic Genocide Against Small Farm Raw Milk Producers

By Richard Boyden

Small farm raw milk producers are being targeted by the state of South Dakota for criminal prosecution, incarceration, and destruction of their businesses if they do not cease to produce and market raw milk according to the “new rule” proposals being presented for implementation by the Dairy Division of the State of South Dakota. What is shared below is a short overview the oppressive format the state of South Dakota is preparing for small farm raw milk producers.

I decided to write this commentary after the deadline set by the State of South Dakota was past for receiving letters of support for raw milk small farm producers who are being targeted with “rule changes” and “laws” that are formulated to put them out of business. Why? For three reasons.

One. When the “raw milk” hearing was held in Pierre on November 17, there was only a ten day window given to file complaints and 10 days is not enough time for the supporters of raw milk, the small farm producers of, and those who chose to drink raw milk to even begin to get the word out state wide let alone nation wide. Not only that, the timing of the hearing was deliberately set to fall on the Thanksgiving Holiday week so as to make it extremely difficult for support to garnered.

Two. I wanted the rest of America and the world to know exactly what the hidden agenda of the State of South Dakota really is, and what it is proposing to do to raw milk producers and how this will affect those citizens who prefer raw milk over pasteurized.

Three. To expose who is really behind this criminal pogrom and how it affects our constitutional rights as American citizens.
I call this proposed new law targeting raw milk producers a pogrom. If you are familiar with the history of Stalinist Russia, then you will see parallels found in this definition with what the Agricultural Department of the state of South Dakota is proposing to do to small farm producers of raw milk in the name of “health and safety”.
Here is the Wikipedia definition POGROM.
“A pogrom is a form of riot directed against a particular group, whether ethnic, religious, or other, and characterized by killings and destruction of their homes, businesses, and religious centers. The term was originally used to denote extensive violence against Jews – either spontaneous or premeditated – but in English it is also applied to similar incidents against other minority groups.”
What South Dakota raw milk producers are being faced with is a premeditated “politically orchestrated controlled riot” in the form of “national socialism” minus overt killings. This incognito form of genocide uses federal federal legislation as a template and was put in place by “fraudulent representatives of the people” who at the federal level, were lobbied by conglomerate pasteurized milk producers and suppliers of ingredients used in the production of pasteurized milk (such as Dean Foods, Monsanto, and Elanco) to buy their votes This allowed for the producers of inferior unhealthy pasteurized milk to monopolize the market and eliminate competition. The end result of the implementation of the new rules proposal or pogrom, will be literal destruction of their businessesof raw milk producers.
Not only that, the historically and scientifically proven health benefits of raw milk as a nutritional source for those choosing to consume raw milk over pasteurized, will also be the victim of this pogrom. If all the toxic, unhealthy, artificial-synthetic growth hormones, and the anti-biotic contaminates (see links below) were included in the definition of whether pasteurized milk was healthy or not, then the milk producers of would and should be “shut down” period. Disease causing ailments resulting from consumption of pasteurized milk and products made from, have been documented to far surpass any record of illness connected to consumption of raw milk or the products of both past or present.
The Dairy Division of the state of South Dakota knows full well (as do large corporate pasteurized milk producers) that raw milk producers are unable to economically abide by the demagogish, ill-legal, and un-constitutional legislation it is promoting. The vast majority of raw milk producers have neither the monies or resources to abide by the pogrom rules being proposed.

So now South Dakota is threatening raw milk producers using the new proposed new rules. Once the “new rules” become “law, the state of South Dakota will be able to have raw milk producers charged with breaking this prejudicial law that has no scientific credibility, criminalized, fined, property confiscated, and thrown in jail. Subsequently, they will lose their homes, their businesses will be destroyed and then they will have the added challange of worrying about how they will be able to feed and take care of their families.
You think not? Then read what happened to a Mennonite Raw Milk farmer in the state of Pennsylvania. Say pogrom and click here. Below are other links documenting the same in other states.
This is same political template and therefore, the premeditated pogrom goal of the State of South Dakota as it “goosesteps” behind the (funded by the pasteurized milk conglomerates) federal legislation which is now being implemented at state level and at the expense and loss of it’s own state sovereignty if this attack against raw milk producers is fully implemented as proposed.
To display overt ignorance (or feigning the same) if not outright authoritarion arrogance on the part of the state of South Dakota’s Agriculture dairy program. I want you to read the below quotes from the mouth of the administrator of, Darwin Kurtenbach. Carefully note that what he alleges and how he threatens raw milk producers in South Dakota. He basically threatens them and implies they are already “guilty” of breaking the law which is NOT yet law while not even mentioning any factual evidence to support his position in condemning raw milk producers.

During the Nov. 17th hearing in Pierre, the state of South Dakota chose to evade the subject of scientific documentation about the health risks of raw milk. In other words, Kurtenbach and company are the least concerned about the health and welfare of the citizens of South Dakota while they lie in bed with large pasteurized milk producers.
In his interview, Kurtenbach is “parroting” the standard jargon used by oponents of raw milk to divert attention from the truth about “pasteurized” milk while demonizing raw milk and the producers of with regurgitated political and economic slander that profiles raw milk producers as “law breakers” and producers of unhealthy milk.
What Kurtenbach and South Dakota’s Agriculture administration does not want, is for the citizens of the state to neither have the right to produce a healthier milk then pasteurized for it’s citizens or the citizens to have the source for as well as the “FREEDOM” to chose on their own whether or not they want to drink raw milk.
Kurtenbach said the following:

“all of the rule changes are proposed because of public health concerns.
…basically, humans can carry a lot of diseases.
…there have been some cases of human illness linked to people drinking raw milk.
…about 15 years ago, there were reports of people getting sick from cheese made from raw milk.
…we know it’s going on. Raw milk is very dangerous,
…people raised on farms 50 years ago drank raw milk with little ill effects and got used to exposure to the bacteria.
…It’s a different world now…people want to go back to the old days…it’s not going to happen.
…There are a lot of serious health issues you can get from raw milk.”
So in order to “bypass” the whole issue of raw vs. pasteurized, the State of South Dakota has put in place the standard pogrom being used by and successfully put in place by other states in the United States in the form of the following rules to become law.
Read the State of SD Proposed Law pertaining to the sales of Raw Milk by small independent Raw Milk Producers. Click here to view.
Here is the response of small farm raw milk producers represented by Lila Streff, a raw milk producer who has a small family farm in Custer South Dakota where she raises goats who produce raw milk for human consumption. She and her customers and friends are appalled at what is happening but not totally surprised.

These are the key issues they oppose and why:
1). (12:05:07:15) — Bottling Machine –Hand-Capping is Prohibited. The Proposed Law of an expensive bottling machine poses an economical barrier to the small farmer. There is no scientific proof that this is more sanitary than hand bottling. Washington State has proven this and omitted it in their statute. (It is good to quote this).
I have documented information on the prices of the Bottling Machine: $8,950 ; Bottles : (min purchase) 1 Pallet (1,344) of Quart (square) bottles @ $1,102 per pallet; and 1 Pallet (792) of Half Gallon bottles @ $1,188 per pallet; Caps : (4000 x $51.77 per thous.) = $207.08. Plus shipping and taxes on these.
2). (12:05:07:15) —Barn Construction Requirements. An economical barrier is posed to the small farmer to construct a facility to meet all of their criteria just to sell a small quantity of milk. It is prejudicial to treat all farmers like a big dairy.
3). 12:05:07:17—The Proposed testing for coliform levels of 10 per mil. is too low. It practically comes out of the animal at that level. Other states require between 50 and 750 per mil. (Idaho and Connecticut – 50 per mil. are good examples to quote). SD is making it so low that it can’t be passed -therefore we really won’t be able to sell the Raw Milk.
4). 12:05:07:20— Proposed Customer List—It is intrusive to the customer’s privacy to have to submit your personal information to a government list. They could call you and harass you! It is none of their business what you consume (what type of milk you drink and where you purchase it). This is a breach of privacy.
5). 12:05:07:22 —TB and Brucellosis Tests — Proposed Law is to do this twice/year. Once/year is adequate. To do the test the animal is injected with a serum. If you test more than once/year, the animal’s body will think it has the diseases and throw a FALSE POSITIVE . These tests are expensive, and again an economic barrier to the farmer. They are also unhealthy for the animal.
6) 12:05:07:12 — Permit to sell Raw milk —The issue of freedom to choose would probably pertain to this proposal of having to hold a permit to sell. To get this permit, of course, you have to follow all of the other new proposed laws. However, If we don’t have to have a permit, then the other laws do not pertain.
The consumer should be able to choose for themselves the most sanitary place to purchase upon visiting different farms that offer Raw Milk. This should not be a government controlled issue. This law directly affects the producer and the consumer.
Click here to read what Lila Streff shared in her interview in the Rapid City Journal.
Now to address and point out information the Dairy Division of the Department of Agriculture of the state of South Dakota does NOT want it’s citizens and you who are reading this to know.

The below information contained in the below links direct you to information and articles about raw milk vs. pasteurized, cases of pasteurized milk contamination, raw milk banned in the United States, raw milk producers jailed and property confiscated in the United States complements of the pogroms of the states of Ohio, Michigan, and Pennsylvania as well as in Canada.

You will see without any doubt, this is the path that South Dakota is duplicating. Raw milk producers in Canada are experiencing the same. One in particular who did his homework and has suffered unjustly because he chose not to capitulate to Canada’s agenda that has targeted small farm raw milk producers there.

Raw Milk Myths: Are We Prisoners of Pasteurization?

Real milk or not real milk?

Real Milk and Pasteurized Homogenized Milk Compared

Report in Favor of Raw Milk
Expert Report and Recommendations

Supplemental Report In Favor of Raw Milk

Growth hormone rbST safe and green, claims study
“Milk from cows given the growth hormone recombinant bovine somatropin (rbST) poses no human health threat and is identical to other milk, a review sponsored by hormone producer Elanco has said.”

Outbreak of Listeria monocytogenes Infections Associated with
Pasteurized Milk from a Local Dairy – Massachusetts, 2007

Listeria Blog – 95 percent of sources cited were NOT from raw milk and when raw milk was cited, it was a report citing the “danger of raw milk or products of” rather then actual cases of human sickness from Listeria iin a raw milk product.

Massive Outbreak of Antimicrobial-Resistant Salmonellosis Traced to Pasturized Milk
Two waves of antimicrobial-resistant Salmonella typhimurium infections in
Illinois totaling over 16000 culture-confirmed cases were traced to two brands
of pasteurized 2% milk produced by a single dairy plant. Salmonellosis was
associated with taking antimicrobials before onset of illness.
Two surveys to determine the number of persons who were actually affected yielded estimates of 168791 and 197581 persons, making this the largest outbreak of Salmonellosis ever identified in the United States.
The epidemic strain was easily identified because it had a rare antimicrobial resistance pattern and a highly unusual plasmid profile; study of stored isolates showed it had caused clusters of salmonellosis during the previous ten months that may have been related to the same plant, suggesting that the strain had persisted in the plant and
repeatedly contaminated milk after pasteurization.
(JAMA 1987;258:3269-3274)

PASTEURIZATION: Pulling the Plug on Scientific Fallacies Undergirding Our Industrial Food and Drug Culture

The pharmaceutical industry toasts to your ill health

Is rBGH is safe for cows and humans?

Raw Milk and the Michael Schmidt Case

Sneak Attack? Raw Milk Advocates Fear FDA Could Use Food Safety Bill to Require Pasteurization; Farming’s Future

Michigan Department of Agriculture’s harassment of Richard Hebron and the seizure of the raw milk products that he was delivering

No More Raw Milk In Ohio

Raw Milk – Attack and Counter Attack

Cracking Down Officials Order Farm To Stop Selling Raw Milk

Wisconsin: A state under seige by its own government

SDDA Proposes Rules to Create Defacto Ban on Raw Milk Sales in South Dakota

Here is the legislative policy adopted by the state of Missouri and passed on behalf of raw milk producers. Maybe the representatives of the legislature of South Dakota might look at this as an American model of fairness for small farm raw milk producers.
Consumers and Farmers Association (MOICFA), a Missouri based organization, waged a strong and successful campaign in favor of Raw Milk through passage of HB 1901. And yes, the Founding Fathers and Bill of Rights are part of their lobbying effort.
Issue: Free sale of raw milk in the state of Missouri

Economically: Allowing free sale of raw milk supports small family farms and the local economy – providing property tax funds that benefit the local community, public schools, county government, sheriff’s departments, and emergency services.

Socially: Pick up and delivery of raw milk causes gathering of like-minded individuals with the same approach toward life
Environmentally: Raw milk is responsible, local agriculture that reduces our carbon imprint on our planet.

Safety: Raw milk farmed and consumed by conscientious individuals poses no more of a threat to consumers than does pasteurized milk or raw chicken sold in stores.

Healthy: Raw milk supports preventative healthcare, reducing the burden on the state by contributing to reduced allergies, obesity, asthma, stomach ailments, etc.

Dietary: Raw milk is the only ingredient suitable for certain dishes, nutritional drinks, and delectable treats.

Scientifically: Raw milk is full of nutrients, and has immune and health-promoting effects that are destroyed during pasteurization. Babies do not thrive well on pasteurized milk.

Constitutionally: Raw milk gives the people a reason to peaceably assemble, which is protected by the 1st Amendment.

The 14th Amendment, Section 1 states, “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

I would like everyone to send both letters and emails to the principles representing the State of South Dakota in both the legislature and in the Dairy and Agricultural divisions. I am asking you to do this knowing the 10 day deadline is passed so that they have the choice of either dismissing your support for the raw milk producers or allowing for further support to be taken into consideration. I call this a moral and ethical “litmus test” for the them personally as well as for the government representatives of the people of the state of South Dakota.

Otherwise, as it already has been surmised that by intentionally setting a 10 day window DURING THE HOLIDAYS and limit for raw milk producers to gather support against the proposed rules, the State of South Dakota’s Agricultural Department knew full well that they would be able to justify making the rule changes a proposed “law” because of the limited response given the 10 day window and this was a part of a greater premeditated plan intended to accomplish one thing, to destroy the pasteurized dairy conglomerates competition and thus the businesses of raw milk producers while “we the people” are secondary victims of a un-constitutional attack on us that deprives us of our freedom to chose for ourselves that which is healthy for us or not.

It should be noted that raw milk producers were warned that this planning schedule would intentionally be set by elements in the Dairy division around the holidays. The families of raw milk producers, supporters and consumers of, had to scramble to get everyone to send their letters by Tuesday the 17th that week to get them there by Friday the 27th because of the Thanksgiving holiday in between.

So what does the Dairy Division of State of South Dakota do in their benevolent spirit of understanding and respect during the Holy Days Season? They schedule the next hearing before the Rules Review committee first on Dec.15 but they later move it to Dec. 21, the Monday before Christmas!

This is not only disrespectful but EVIL and yet tax dollars of the citizens of South Dakota pay the wages of such insensitive individuals who have no conscience or do they care about the affect this will have on the families and children of small farm milk producers in South Dakota. I call it premeditated HATE on their part!

Also, the State of South Dakota has a 75 day window to the new rules proposal passed and if that fails, they get to resubmit it and it won’t be addressed again until April. They are in a rush. Rumors are when the next hearing debate takes place with 6 people on the Rules Review, the State of South Dakota already has stacked the deck with a vice chair who is an RN who spoke out animatedly against raw milk on a local radio channel.

This “new rules” proposal of the state of South Dakota exposes their pogrom agenda. I believe it is to allow for the 4th Reich of the Rich food conglomerates and their authoritarian socialist mandates which are endorsed and pimped by the FDA through the Dairy Division of the State of South Dakota, to continue to give them more control over our food, health, and freedoms as a state, nation, and people. Some folks call this the New World Order. I call it pure evil authored and inspired direct from the throne of hell itself and which the State of South Dakota appears to be a willing partner of.

State of South Dakota Dairy Division Contact Information:

Keven Fridley, Division Director of Agricultural Services for Dairy: Email:

Darwin Kurtenbach. Administrator for the South Dakota State Department of Agriculture dairy program – 523 East Capitol, Foss Building. Pierre, SD 57501-3182. (605) 773-3724. (605) 773-3481.His email address:

William Even. Secretary of Agriculture for the State of South Dakota
Email address:

Written correspondence can be sent to:
South Dakota Department of Agriculture
Division of Agriculture Services
Dairy & Egg Office
523 E. Capitol Ave.
Pierre, SD 57501

Here is contact information for Lila Streff:
Streff Ridge Farm and Goat Dairy
12376 Beaver Den Dr
Custer, SD 57730

For those of you who do in fact send a communication to the above representatives of the State of South Dakota, I would ask of you two things. Be respectful and let Lila and myself know if in fact you do respond. Thank you.

Richard Boyden

Founder and President of Operation Morning Star – a 501 c3 not for profit charity, Writer and Investigative Journalist, Counselor/Minister in the area of Suicide among Native American Youth, Radio Talk Show Host, Former Marine, and former instructor at Haskell Indian Nations University,

The Food Fight Continues!….and more

In just a little while I will be doing a show with Darol Dickinson of Ohio the proprietor of and as well as the one he has become notorious for, You can listen to the show at live from 5-6pm Central time every Saturday and go to the archives to get other shows.

Darol and I will be discussing imports, and the insanity of the US chasing export markets for our beef, the NLIS and what is happening there in Australia because of this program (NAIS is the US version with the same requirements….because it isn’t a US program, ahem) and also a good deal on direct marketing if we can fit it in. I really enjoy Darol and believe you will find him entertaining AND informative!

In other issues, the raw milk war rages on. In Georgia, it is illegal to sell raw milk, so those who want to drink it and haven’t got their own dairy animals generally go to South Carolina and buy it there. Well, the FDA and the Georgiacrats have decided to put the kaibosh on that. They pulled over a van of a fellow bringing milk back for several people who had purchased it for themselves and made him dump it on the ground. It’s like asking your neighbor to pick up sugar and then having the cops make him dump it. Ludicrous, but this is the land of the free and all that jazz. You can go to this website to learn more about the Georgia battle:

In South Dakota, heavy handed state officials are also beefing up their anti raw milk squads and in Missouri, they are doing the same.

I will be posting more on the SD and Missouri issues tomorrow. Next week, I will be blessed to have Richard Boyden on my show, and we will be on a tear about this and other issues.

As you know, is the place to get Truth Farmer radio shows. They have a number of other excellent shows and hosts, and are doing a tremendous service for the cause of freedom and getting knowledge out there so that we can tell what time it really is. This station does NOT charge it’s hosts or affiliates for the programs they air. They rely on advertising and listener support. If you can, please go to their new donations page and make contribution. Little amounts add up and truly do matter, so please, go to and give a little bit if you can. They will put it to good use and have been wonderful to work with and a real blessing to me personally.

Thanks so much for caring about freedom and for actively opposing complete control!

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