You might think the Minnesota Department of Agriculture would regroup and reassess after being handed its head by a Minneapolis jury that acquitted Alvin Schlangen of misdemeanor charges just two months ago.
But no, the agency is pushing full speed ahead in a separate administrative case it filed months ago–one of three cases, together with the Minneapolis case and another misdemeanor case in Schlangen’s home of Stearns County that were filed against the farmer in connection with his food club’s distribution of food to more than 100 members.
The MDA clearly is more confident taking its case to a judge, rather than a jury, which isn’t required in an administrative case such as this. The administrative case is potentially less onerous for Schlangen– the judge in this case can order Schlangen to obtain a food license and discontinue distributing raw milk, but can’t penalize him for ignoring his orders; that would require the MDA to appeal for criminal penalties, and could put the case before a jury…again. No, this is more about harassment, requiring an expenditure of time and energy by Schlangen and his lawyer from the Farm-to-Consumer Legal Defense Fund.
Latest in the MDA’s bag of tricks in this administrative case is a motion for summary disposition–a ruling by the judge that MDA is right, before a trial even occurs. To support its motion, the MDA presented the judge late last month with an affidavit from an MDA inspector that she was able to sign up as a member of Schlangen’s food club and place an order–all via a publicly available web site. MDA Compliance Supervisor Jennifer Erickson stated she “created an alias, Jennifer Smith. As ‘Jennifer Smith’ MDA was able to place an order…for unpasteurized butter and unpasteurized milk. At no time was ‘Jennifer Smith’ required to become a member of ‘Freedom Farms Coop’ to complete the order.”
That affidavit lead to an angry exchange of letters by the lawyers in the case.
Totally misleading, responded Schlangen’s lawyer, Nathan Hansen. He said that “MDA employee Erickson leads you to believe that she ordered and received slow churned raw butter from Mr. Schlangen. However, Erickson never paid for and never received any product from Freedom Farms Coop. Although Erickson made an attempt to place a website order for butter from the Coop, she is not a member of the Coop and the Coop never delivered that butter to her. In addition, Erickson never sent in any check as she claims. MDA employee Erickson knows this for a fact yet she never brings it to your attention. Instead, she lies by omission.”
In a followup letter, the state’s lawyer, Kimerly Middendorf of the Minnesota Attorney General’s office, complained about “the many unfounded, personal attacks made by Mr. Schlangen and his attorneys…” but didn’t deny that the undercover agent, Jennifer Erickson, failed to actually pay for or take delivery of the butter or milk in question. She also presented procedural arguments for the MDA’s case against Schlangen.
Middendorf, previously argued to the judge the same thing argued by MDA to a jury in the case MDA lost, that Schlangen’s “coop is not a cooperative under the laws of Minnesota, and as such is nothing more than an assumed name under which Mr. Schlangen conducts his grocery delivery business. Accordingly it is Mr. Schlangen, and not ‘Freedom Farm Coop’ that must be licensed to lawfully conduct this business. Mr. Schlangen contends that to regulate his ‘coop’ is to regulate his personal pantry. To the contrary, he leases a warehouse, bottles dairy products, and advertises for sale more than 100 products from around the country to the general public.”
As I said, the Minneapolis jury already rejected this line of reasoning, essentially agreeing that Schlangen’s food club is a private organization, outside the regulatory structure. Will the judge in this case do the same? Don’t count on it. Judges have nearly universally backed the regulators, no matter which state. No, it may be that this case will eventually need to be steered back to a jury, where the people can decide once again.
**
Rawesome Food Club founder James Stewart walked out of a Los Angeles County jail this afternoon, freed after four months behind bars.He had been arrested in July after he failed to appear for court sessions in both Ventura County and Los Angeles County, and held nearly the entire time in Ventura County north of Los Angeles.
According to friends of Stewart, he was transferred a few days ago from Ventura County jail to Los Angeles County jail Twin Towers. It is understood that many of the charges against him in Ventura County in connection with loans obtained by farmer Sharon Palmer to acquire her farm in 2008 were dropped or significantly reduced.
Stewart, 65, apparently pleaded guilty to one or two misdemeanors in connection with charges for illegal sale of raw milk at Rawesome Food Club brought in 2011. However, he still faces charges in connection with taxes owed from Rawesome Food Club. A Los Angeles County judge released him on his own recognizance, with an anklet bracelet to monitor his whereabouts.
It was also great to see Charlotte Smith tell her story to the WAP crowd. At the RAWMI booth, she was crammed with people continuously asking questions. She is a real teacher and that is the highest compliment a human can get in my Karma book.
Sally made it very clear during her presentations to the conference, that at the very foundation of the WAP mission, is the dedicated effort to extend access to raw milk.
At the core of RAWMI is the plan to assure that this access to raw milk is safe! Sally’s dairy will be LISTED at RAWMI in the next couple of months. She has asked that her raw cheese dairy in Maryland be LISTED. We will be working with her team to get this work done. OPDC is just a few weeks away from being LISTED and several daries in Oregon are also going to be LISTED soon.
No question….a raw milk food safety “snow ball effect” is close to becoming a reality. All of the work being done by Tim Witman and Farm to Consumer Foundation ( food safety training ) is going to have even more effect when all of those farmers also become LISTED.
James Stewart was released from LA county jail two hours ago….huge news.
No bail required he was allowed out on OR (Own Recog ).
There needs to be a way to get information out to the public regarding the “happenings” to farmers et al.
An email newsletter that has consice facts with links for further reading.
For example,a farmer being harassed/charged for whatever reason- what a particular state’s law is about cow shares,etc, with links to the states web site regarding cow shares laws, etc. Also with links to media information and misinformation and clarifying what is said. Also, again using brief facts, use quotes what govt officials, judges, lawyers say….
It seems if the public’s eyes are opened to what these people are saying and doing, will encourage the public to speak out about the unjust treatment/’laws’.
Look at how the public responded to the statements regarding “legitimate” rape—– after all, everyone knows we women are so powerful we can control what happens to our bodies!
The newsletter would need to also tell the facts when a farmer does screw up…as we all know with the increase in popularity in something, those who see $$$$ will be in it for a quick buck and won’t care about food safety. Thankfully, I believe that most do care.
There will also be those who are looking to go back to the soil–so to speak–and have good intentions, but really don’t know or are unsure where to go for information. You can learn only so much from reading a book. Talking to actual local farmers is key to building that knowledge base. JMHO
Sylvia, you would think there would be a way to easily get out such information about government abuse of farmers. Unfortunately, most media people believe the FDA, MDA, and other such government entities more than they believe farmers or their legal representatives. So we have to work around them. Gradually, the word is getting out, just not fast enough.
And keep trying to write up press releases and send them to any papers/websites/etc. that you can think of will help.
Tracy
In one follow up conversation I had with a producer, she told me over the phone, that god keeps raw milk safe. She did not think that god would ever make an unsafe food for her family.
God bless her ignorant heart…. she failed to realize that Mankind got involved and screwed up everything….she did not get that part. This was the scariest call I have ever been on. What vacuum void does she live in??? She sells extra milk to neighbors!!
RAWMI has its work cut out for sure.
Good suggestions, all. You don’t necessarily need a few big hits. Lots of little ones eventually add up.
Speaking of religion
Speaking of politics
This is a really essential survival recommendation.
Indeed the arrogant assumption that God is on our side is equally offensive and dangerous as the arrogant assumption that our acquired knowledge is the be all and end all of truth.
However, what is scarier, someone who ignorantly professes a faith in God or someone who arrogantly imposes an assumed knowledge on others?
Mankind certainly has screwed things up and still does. I fail to see where her opinion is any scarier then someone who suggests that drinking raw milk is like playing Russian roulette with ones health and even more so, one who self-righteously imposes their assumed scientific knowledge on others by mandating that toxic vaccines be injected into infants.
We do a disservice to humanity and ourselves if we submit to our ego.
Ken
As a raw milk consumer my number one concern is that I am not being sold pasteurized milk. My second concern is that the cows should be grass fed. Thirdly fat content, I don’t want skim milk. It’s also nice if the milk lasts a couple weeks without tasting sour.
At no time am I concerned with manure from grass feed cows getting in my milk. Someone please tell me if there is any evidence that suggests that I should be.
We have learned from Dee Creek and Foundation Farms, that conditions matter and a safety program with routine testing….decreases risk substantially., Not to zero….but to a much lessor level. A level that is so low that it is considered by insurance companies to be nominal.
That is our goal. When we add time and additional experience and knowledge, our understanding of conditions and risk becomes even more clear and risks are reduced even further.
One thing we can no do is to continue to add more “waekness and burden” to the already depressed immunity of our children. We must enhance and build immunity and health in a responsible way. Ignorance is no bliss and religious based ignorance is not bliss. It is blind and perhaps the worst. Religious based assumptions and ignorance presupposes that we know anything about god….that is a horrible starting point for life on earth.
I like to think that GOD is LOVE.
LOVE has virtually nothing to do with food safety…and our immune systems. One can argue that obtimal health does require LOVE and I would agree…but all the hugs and kisses in the world does not protect against STEC Ecoli 0157H7 initiated HUS. Reasonable conditions, RAWMI RAMP and a reasonable test program sure as heck does.
I’m really glad to hear that James Stewart is out of jail. I don’t know what he did or didn’t do in the Rawesome case, but it seems pretty clear that he is a peaceful person who doesn’t belong in jail.
Mark are you saying that you agree with the state on the dangers of raw milk?
As a raw milk consumer my number one concern is that I am not being sold pasteurized milk. My second concern is that the cows should be grass fed. Thirdly fat content, I don’t want skim milk. It’s also nice if the milk lasts a couple weeks without tasting sour.
At no time am I concerned with manure from grass feed cows getting in my milk. Someone please tell me if there is any evidence that suggests that I should be.
Does RAWMI address any of my concerns?
Furthermore, if there is any proof that raw milk has ever caused HUS I would certainly like to see it and if the raw milk isn’t what caused the HUS in the first place than pasteurization and all the testing in the world isn’t going to prevent it.
Mark, are you saying that a person who drinks twenty four ounces of untested grass fed raw milk a day has a greater chance of developing HUS than the average American who gets diarrhea four times a year?
I strongly disagree with the government assessment of raw milk risks. Generally, the government regulators have aligned with their industrial friends at NCIMS and make sweeping inaccuate claims about the risks of raw milk consumption.
I have said this many many times. There are two kinds of raw milk in America. Raw milk for pasteurization and raw milk that is especially managed for human consumption.
Yes…HUS can be an illness brought on by consumption of STEC Ecoli raw milk. Grass feeding is not a 100% prevention of STEC. In fact, many years ago, hunter killed deer in the mountains were found to carry levels of STEC ecoli 0157H7 ( 1-5% in their stool samples when tested at a ranger station during hunting season ).
Foundation farms was grass fed. But…seasonally, the grass turns to mud and muck…try grass feeding in a state that has rain at 100 inches per year and snow to boot. Not a good place to grass feed your cows. However, with the right RAMP plan ( managed conditions ), those conditions can be managed and the cows can be protected from those conditions and the risk of STEC is brough down to near zero.
When our government fails to assist farmers in an emerging raw milk market…when our government refuses to acknowledge scientists from our own universities and from arround the world about the serious benefits of raw milk…we have a political problem. Not a food safety problem.
My vision is that in just three years, RAWMI will demonstrate that with ethical use of a transparent RAMP plan and routine testing….raw milk will have a demonstrated track record of excellent safety. Then the FDA will follow and listen ( maybe ). If not the FDA, then states may listen as the uproar brought by the consumers beats an ever louder cadence.
People want and need raw milk…but it must be produced in an ethical and consistent manner. This takes a plan….and is not a random act of production, especially when, as Americans immune systems are becoming weaker and weaker, STEC and HUS become ever more an issue.
We are the probiotic in a politically antibiotic world. There will be a clash and it will not be avoided, but it can be effectively managed.
I’ve met a lot of people who verbalize what they “know” others are thinking,etc.
Good points with your 3rd paragraph.
# A food vehicle was identified in only 43% of the reported outbreaks and only half of these were linked to a single food ingredient. What this means is that the true prevalence of foodborne illness that can be attributed to a particular food is much higher than what is reported. It also means that the data linking specific outbreaks with specific foods is such a tiny sample of the total that even small errors or biases in the reporting of outbreaks would seriously skew the results.
“has acknowledged that consumer concern about health and food quality changed the game. People just weren’t buying snack cakes like they used to.”
Proof that people are opening their eyes and the information highways are working.
Mr. Anema said he would like to start a 50-cow farm where he would just bottle and distribute his own milk,
rather than sell it to cheese makers. But for now, its too late, he said. I cant save my dairy anymore.
When I am asked why don’t dairymen just break away and make their own products. This statement answers it all. It is too late.
The money is gone, the kids are gone, the equity is gone and the spirit to do anything but sell out or declare bankrupcy is gone.
Mark
Our “not the brightest bulb on the tree” STATE WORKER told the reporter who wrote this article for the local paper (in the link below) he’d rather drink gasoline than raw milk. How’s that for a closed mind?
http://www.cornucopia.org/2012/11/raw-milk-perfect-food-or-public-health-threat/
No one reported any illnesses. NOT. EVEN. ONE.
The lackadaisical attitude of the State worker and the State Lab and a couple of other missteps give one pause to wonder exactly what they were trying to prove other than that State workers are idiots. Most of us are well aware of that fact. The MDA isn’t the only stalker working overtime to create fear and doubt on the part of the public. Luckily, most of us who are raw milkies already know the score and we’re onto those doods. I always said if you have a pulse you have a purpose, but I’m not sure that applies to State Workers – any of them.
Wow, perhaps he smokes too? Drinking gas would certainly clean out the gene pool. His statement is just as ignorant as the fool who likened raw milk to playing Russian Roulette.
http://www.nlm.nih.gov/medlineplus/ency/article/002806.htm
Yup, giving milk is to be given for consuming gas. I would assume he has no clue how ignorant he sounds.
My DH and I were discussing the “giving milk to someone who drank gas” thing last night and he said, jokingly of course, that if someone is indeed dumb enough to drink gas he would only give them pasteurized milk, never waste a good glass of raw milk! (He, along with other EMT’s, has a very odd sense of humor)……
Has anyone noticed that most of what we call food born illness seems to have very little to do with the particular food that we may have been eating at the time the illness occurred. Back when that norovirus swept across the country the media made very little of it, so the average person, not seeing the pattern, just assumed it was what ever they had last ate.
When it comes to raw milk, I know from my own experience that it actually prevents the very illness it it said to cause, not to mention its dramatic effect on hay fever, food allergy, cat allergy, dust and chemical sensitivity, psoriasis, and general intestinal health.