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Minnesota Administrative Judge Amy ChantryFor a long time, I have argued that the state and federal judges hearing food rights cases are living on a different planet than the people. The judges nearly always come down entirely on the side of the regulators. The people, in the form of a jury, see things much differently. 

 

Now we have clearcut evidence in the case of Alvin Schlangen, the Minnesota farmer and food club owner who has for three years now been in the crosshairs of the super-hostile Minnesota Department of Agriculture. 

 

You’ll remember that last September, a Minneapolis jury acquitted Schlangen of three criminal misdemeanor charges associated with distributing raw milk as well as distributing other foods without a retail license to 100-plus members of his food club. 

 

Rather than accept a decision by a constitutionally designated jury of Schlangen’s peers, the MDA instead revved up its pursuit of the farmer. It pushed for another criminal trial in Schlangen’s home, Stearns county. And it pushed forward with a case in an administrative court. While such a court can’t throw someone in jail, it can give legal backing to a state agency, and if its dictates aren’t followed, can lead to further criminal charges.

 

For the administrative court case, the charges were essentially the same: illegally selling food without a retail or food handlers’ license and operating a dairy plant without a dairy plant permit. 

 

Now, the administrative court has issued a decision and, surprise, its decision is the exact opposite of what the Minnesota jury came up with. The administrative court judge, Amy Chantry, gobbled up the Minnesota Department of Agriculture’s arguments, hook, line, and sinker. 

 

Technically, the administrative court granted the MDA’s motion for summary disposition, which means that the court agreed with the MDA’s case against Schlangen. Now, it should be noted that the Judge Chantry was irritated with Schlangen for “his willful refusal to comply with the Department’s discovery requests.” Schlangen had refused to comply with the administrative case while he was grappling with the criminal charges in Minneapolis’ Hennepin County, which could have resulted in him being jailed.  

 

But from the tone of the judge’s opinion, it seems as if he was doomed in her court regardless of what explanations he might have provided in response to MDA accusations. For example, to Schlangen’s arguments that he was privately “dispensing” and “giving” food to his club members, she said all food distribution in the state is under the MDA’s jurisdiction. “Minnesota food law is not limited to regulation of only such activities that could be deemed ‘sales.’ The plain language of (Minnesota’s statute) prohibits all persons from engaging in the business of ‘manufacturing, processing, selling, handling, or storing food’ without having first obtained a food handlers’ license.” 

 

The legal interpretation is reminiscent of a judge’s ruling in New York, where Meadowsweet Dairy was told it couldn’t even give milk away via its limited liability company without the involvement of regulators. 

 

Judge Chantry also concluded that Schlangen operates “an online grocery store,” even though access to his web site is limited to his food club’s members. 

 

The judge noted that her decision granting summary disposition “is a recommendation, not a final decision,” subject to final approval of the MDA’s commissioner. There is no doubt that will happen. To enforce the decision, though, the MDA will likely need to pursue further court action. There is little doubt that will happen, either. The MDA has shown itself to be obsessively driven to take down farmers like Schlangen, even if it means shopping around from court to court to get the decision it wants. 


The next stop on Schlangen’s seemingly endless legal journey: a criminal trial in Stearns County featuring…yes, the same charges as in Hennepin County and the administrative court, now due to be held in June.