Category Archives: Food Politics

Due to Your Calls and Requests for Justice….

Doreen Hannes, Truth Farmer, has posted new info.

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The Missouri Milk Board prepared and gave their version of the timeline on Morningland Dairy’s destruction to the representatives and senators in the Missouri Legislature.

There were a great number of obfuscations and a few outright lies in their timeline. To correct those, and to make sure that Reps and Senators had clear information, Denise Dixon went through and provided clarification and correction where needed on the timeline offered by the Milk Board. Denise emailed this and the original Rebuttal and Request for Humane Treatment (my words) given by Morningland to the Milk Board in October of 2010. The Milk Board, Attorney General’s Office and the Governor were also emailed both of these documents.

In the interest of full transparency, I have copied these documents for everyone to see. Please feel free to share them and spread the info all across the county. The fact is that there is a war on real food at the agency level. Since there is supposed to be a balance of power in our system of government, the legislature DOES have the ability to affect the conduct of the Milk Board if they choose to do so….More on that another time. For right now, here are the communications from the Dixons in response to the Milk Board Timeline given to our elected officials here in Missouri:

Read the rest here.

The Dixons are still very grateful for any donations you might feel moved to make.

Click here to lend your support to: Uncheese Party and make a donation at www.pledgie.com !

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Videos From the Morningland Destruction

Hop on over to Truth Farmer to view the destruction for yourselves.

Opens in a new window so that you can come back here to donate some money for the Dixons.

Thanks to all who have pitched in some money. It really helps their situation.

Morningland Dairy—The Final Solution

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 [found on this blog – Hen] 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

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

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 cheese-making  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 cheese-making 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.

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For more information about the fight for Food Freedom visit TruthFarmer.com .

 You can also donate to help the family begin the next segment of their lives.

Need some comments on this Riverfront Times blog article

Circuit Court Ruling Puts Raw Milk Cheesemaker Out of Business

The Cheese House at Morningland of the Ozarks is no more.

The battle over raw-milk cheese has come home to Missouri. On Tuesday the Howell County Circuit Court upheld a ruling by the Missouri State Milk Board that Morningland of the Ozarks, a dairy in Mountain View, would have to destroy all the raw-milk cheeses it produced between January and June 2010, when traces of two bacteria, Listeria monocytogenes and Staphylococcus aureus, were found in samples taken from a store in California.

The decision effectively spells the end of the road for Morningland.

“Morningland had been in business for 30 years,” says Doreen Hannes, a spokeswoman for the dairy. “In that time, zero incidents of people getting sick from their raw-milk cheese have been reported, or even rumored.” [Read the rest of the article here, and please make some comments]

 

The Truth of the Matter Doesn’t Matter – Doreen Hannes

The Truth of the Matter Doesn’t Matter

© Doreen Hannes

On February 26th, I received word that the verdict had come in on Morningland of the Ozarks court case. Late on Sunday night I received the documents. [Order and Judgment here and Order on Permanent Injunction here]. It took a little digesting, but one thing was clear straight out of the gate; if we want justice, we aren’t going to get it without a jury of our peers. Morningland was denied a jury trial.

Interestingly, in the section requesting that there be “Burden of Proof” to destroy the cheese, the judge finds that it’s unnecessary. He says, “judicial review probes only the lawfulness of an agency’s order without consideration of its reasonableness”. Further, he states, “The court finds no authority suggesting the State must prove defendant’s cheese unfit for human consumption…”, and also that the because of the “unsanitary surroundings” the “court must disregard the absence of sickness among consumers of defendant’s cheeses.” Reason, logic and actual illness and, evidently, due process are irrelevant if an agency decides to act against you.

The Charges

Morningland was charged with violating statute RSMo 196.545 by selling “Unlawful Dairy Products”. Here is that statute with the AG’s assertions in italics and the cites from the judge in bold:

Unlawful sale of dairy products.

196.545. It shall be unlawful to sell, offer or expose for sale, or deliver manufacturing milk or any dairy products made from manufacturing milk which:

(1) Are produced by animals afflicted with a contagious or infectious disease deleterious to man or detrimental to milk quality;

(2) Are not colostrum free or which have been taken from a cow fed or in contact with any substance that is unhealthful or that may produce unhealthful, impure or unwholesome milk;

(3) Are adulterated by the addition of any unauthorized substance including water or other material foreign to milk;

(4) Have been handled by any person afflicted with an infectious or contagious disease; or

(5) Are produced in unhealthy or unsanitary surroundings or held in unclean or unsanitary containers.

Since he used one cite that was actually brought up by the AG’s office, we’ll deal with that one first.

Don Falls was the inspector for Morningland Dairy and came to the farmstead cheese plant once or twice a year to inspect the operation. Whenever an inspector inspects, they find something to put in their report. There is no perfect place and even the cleanest dairies I have ever seen get a mark up for “something” in any inspection. While Falls admitted that Morningland had made a lot of improvements on the property since the Dixons took over as General Managers, he cited their cheese harp (the thing that cuts the curds) as needing to be replaced. He also cited that there were areas of the concrete floor at doorways that needed to be painted. Even though a very thorough swabbing by the FDA, including the cheese harp and under the molding around the floors, revealed no listeria in the plant, the Judge found that Morningland’s Cheese was produced in “unsanitary surroundings”. So if you have older equipment, it is likely to be deemed unsanitary in Missouri.

Now the second finding is really the most interesting. First of all, it wasn’t brought up by the AG’s office and secondly, the logic applied is astonishing. It follows the deductive reasoning of, “God is love and love is blind; Ray Charles is blind therefore Ray Charles is God.”

In that vein, here’s the break down of the judge’s evident logic. Morningland had one spike in SCC (somatic cell count) in one month out of twelve. The “dairy expert” testified that a spike indicates a herd health problem. Morningland sold cows. Therefore, the cows that were sold were diseased cows.

So, one spike plus one idiotic comment plus sold cows equals diseased cows.

Makes perfect sense, right?

Don’t Sell Cows if You Need Money

The testimony of Tim Wightman, the “dairy expert” brought in by Farm to Consumer Legal Defense Fund, was highly significant in the judge’s decision. Wightman has written a book and is working with many others to set National Raw Milk Standards that incorporate many of the ideals in his book. His testimony sometimes left the dairy farmers in the court audience with their heads shaking “no” and jaws hanging open in disbelief.

Prior to Wightman’s testimony, the AG cross-examined Denise Dixon and showed their intent to malign the Dixons for selling cows in late September. Remember Morningland had been shut down on August 26th and had to dump their milk for five and a half weeks awaiting the Missouri Milk Board’s okay to ship into the commercial milk chain. The AG asked Denise, “Why did you sell cows?” Denise replied, “We were financially stricken.”

They certainly were financially stricken. When you have dairy animals, they need to be tended. The Dixons had no income and all the continued expenses of running a dairy farm and a cheese plant (minus the employees) so they were forced to sell some dry cows to keep feeding their other cows. It happens every day. It’s a logical thing to do when faced with financial difficulties. It’s called cutting down on overhead.

Watch Out for Experts

Tim Wightman, the expert witness, testified that if there is an elevated SCC it is indicative of a potentially serious herd health problem. One spike in 12 months does not indicate a herd health problem. Two spikes in a row might very well be indicative of a problem, but one is a fluke and should be given all the intensive scrutiny reserved for an unlucky roll of the dice. Morningland’s SCC counts averaged in the 5-600k range, well below the State level of 750k, and the months following this spike were in line with their average.

Wightman’s standards are that SCC’s should always be under 300k, and no spikes are allowed. The problem with this is that we are talking about living animals with their own immune system, and both environmental and biological stresses can elevate SCC’s. 300k is a good ideal and should probably be pursued, but despite Mr. Wightman’s belief, it is not a requirement for good raw dairy. Testifying in court that your book’s statement of “no milk with an SCC higher than 300k should be used for raw dairy” is accurate is simply dishonest, and has proven to be fatal to Morningland Dairy.

The most stunning thing about Wightman’s testimony was when the Attorney General’s Counsel asked if selling cows would reduce the somatic cell count and he replied, “Yes.”

This was when the dairy farmers jaws were dropping. Mine included.

Really, Tim? Selling cows reduces the SCC? No qualifications in the equation? Selling cows reduces the SCC? Dry cows? Really?

Based on this statement of the “dairy expert”, the judge has ruled that Morningland had diseased cows in their herd and sold them to avoid detection. Those dry cows were obviously the source of contamination that led to Morningland’s problems. Never mind that they exhibited no symptoms, testing or proof, and no one became ill. Evidence is unnecessary.

Nice.

Do we really want these “National Raw Milk Standards”? Who will benefit?

Now Judges Regulate from the Bench

In the Final Order of Permanent Injunction, the judge prescribes what Morningland Dairy is to do if they desire to enter into commerce in cheese ever again. Oddly enough, the judge’s prescriptions are taken directly from a conversation with a noted cheese consultant that occurred in the presence of Don Falls of the Missouri Milk Board and myself. Almost verbatim.

Despite the judge’s admission in the Judgment that it would be unreasonable to ask the Milk Board to test each batch of cheese before destroying it, he requires that Morningland Dairy test each batch of cheese prior to offering it for sale. So the one’s with no investment don’t have to verify anything to destroy it, but those who have borne the cost and time to bring it to the point of sale must incur additional expense. Oh, and they must test the cheese prior to the 60th day of aging, as well.

Despite citing the fact that the FDA found no listeria in their swabbing, Morningland must foam ceilings, floors, equipment and all utensils with a listeria killing foam and install listeria killing foggers in their plant.

The judge also prescribes temperatures at which to age the cheese, and that cheeses in the process of aging must be in a separate cooler from those that have already aged. A commingling prohibition on cheeses in various stages of maturation is now ordered by a court.

Additionally, and most unreasonably, Morningland must “verify that no animal for use in the production of Defendant’s cheese is infected with mastitis”. How could this even be done? Prior to milking, a veterinarian with a microscope and all proper accoutrements must be present and each cow must be tested and wait to be milked until the vet has ascertained whether or not there is “mastitis” present.

Put simply, there is no way that anyone can make farmstead cheese under the conditions set forth by the judge in this ruling. But that’s been the desire of the Missouri Milk Board as agents of the FDA all along. They are doing just what the FDA wants them to do and the State of Missouri is acting in full agreement with the Federal agency which states “Raw dairy is inherently dangerous and should never be consumed by anyone, at any time, for any reason.”

Next Steps in this Case

The future of raw dairy in Missouri hangs on this case. While the judge acknowledged that he received the notice that Morningland has gone private and will not be engaging in commerce any longer thereby removing themselves from the jurisdiction of the Missouri Milk Board, he cites a statute that he claims disallows them from doing so.

The judge says that “to the extent that defendant purports an exemption of a new entity from regulatory requirements, the court notices RSMo 196.595 to the contrary…” So what does RSM0 196.595 say?

196.595. Beginning September 28, 1981, no person shall produce, sell, offer for sale or process milk or cream for the manufacture of human food except in accordance with the provisions of sections 196.520 to 196.610 and the regulations promulgated hereunder.”

If we don’t get this ruling overturned, or an amendment to this statute removing “person” from the control of the Milk Board, we can look forward to the Missouri Milk Board promulgating regulations regarding what you can do with your own milk in your own kitchen. Want to make some home-made mozzarella? You’ll have to follow all the regulations the Missouri Milk Board wants you to follow.

Despite FDA assertions, desires, requirements and fears, I will make cheese if I want to, and I will not ask for permission from any agency. I’m just kind of stubborn that way. If you look around this state I bet you’ll find a lot more very stubborn people.

There are supposed to be 30 days to make a Motion for Reconsideration that will likely be followed by an Appeal in this case. According to Pete Kennedy of the Farm to Consumer Legal Defense Fund it could take up to a year in the appeal process. By that time Morningland’s cheddar cheese ought to be sharp enough to cut through the bones of the Missouri Milk Board and the FDA. But the Milk Board has just informed the Dixons that they want to come in and destroy the cheese in their cooler on March 9th and 10th.

Who needs laws and procedures? Now we not only have no due process, we have no appeal, we have no system left in real food but tyranny.

Morningland Dairy Gets Ready to Go to Court—

Morningland Dairy Gets Ready to Go to Court—

December 6th, 2010

©Doreen Hannes

As we’ve been watching Senate Bill 510 for the past several weeks, going from hither to yon with much angst amongst the various food activist groups regarding the ability of the Tester Amendment to ‘help’ (or NOT) independent agriculture, other things have been going on. Morningland Dairy, for instance, has entered the next phase of their fight to be able to continue to make cheese that the FDA thinks “poses an acute and life threatening danger” because it is made from raw milk, and hasn’t had a single report of illness associated with the dairy in 30 years of production. (You can read more about it here)

Morningland is charged with three violations by the Missouri Attorney General’s office on behalf of the Missouri Milk Board. They are charged with, “Unlawful Sale of Dairy Products”, “Failure to Comply with a Destruction Order”, and “Unlawful Interference with Milk Board Duties”.  The Missouri Milk Board claims that there is no procedure in place to appeal the decision of the Milk Board, and that belief is actually responsible for all three charges levied against Morningland Dairy, since they haven’t made or sold any of their cheese since the Milk Board first placed an embargo on their product on August 26th.

Last week the State of Missouri brought in their first expert for a deposition. This was John Frank, who reportedly was to demonstrate that Morningland Dairy’s cheese should all be condemned because it is a single line production facility. It’s my understanding that his deposition didn’t actually prove that to be the conclusion a reasonable person would arrive at when considering the evidence in the case.

Next, the State desires to depose the principals Of Morningland Dairy. Those being Joseph and Denise Dixon, co-owners and General Managers of Morningland Dairy, and Jedadiah York, the Plant Manger. Mr. York and Mrs. Dixon are readily available for deposition, but Morningland’s attorney, Gary Cox, of Farm to Consumer Legal Defense Fund wants to be present at their depositions to be able to assert proper procedure in defense of his clients. He is only able to be present for a few days in December and early January, and the Missouri Attorney General’s office isn’t pleased with such limited access to the objects of their affection….so they have requested that the counsel sponsoring Cox into Missouri take the position of defending Morningland in their depositions.

The Missouri Attorney General’s office is going to have a bit more difficulty in getting a deposition from Joseph Dixon in this suit. As if having to dump their milk for nearly six weeks wasn’t enough, the Missouri Milk Board has prohibited Morningland from resuming production to keep this family run farmstead cheese plant providing for the families dependent upon it for their livelihood. Mr. Dixon insisted that their counsel inform the Attorney General’s office that he was unavailable for deposition in the following manner:

“Unfortunately, Joe Dixon is not available for deposition.  Since the state has put his family’s cheese making business out of business Joe has to work out of state to support his family.  This week Joe is working in Maryland, next week he is working in Alabama and the week after that I understand he is working in Florida.  To give you an idea of what the state has done to the Dixon family, Joe has to leave his family on the weekend, travel all night to get to his place of work, then work all week before returning home on the weekend.  He then leaves home again, let’s say for Maryland, and drives all night to get to his place of work.  Thus, Joe is not available for depositions unless you wish to travel to Maryland, Alabama or to Florida after first serving him with a subpoena.  Moreover, Joe finds it perverse that he has to work to support his family and then the state collects taxes from him so that those tax dollars can be used by the state to harass he and his family and deprive them of a livelihood. Finally, any information you would need from Joe would be available from Denise.” (emphasis added-otherwise sic)

In the Deep South, there’s a colloquialism that is used to sum this kind of statement up…With the actions of the Congress and the agencies they empower, it sure looks like many more of us will have the opportunity to use this expression…”And that’s how the cow ate the cabbage!”

America’s Done—Stick a Fork in Her!

America’s Done—Stick a Fork In Her!

S. 510 Hits a Snag, But Be Wary

©Doreen Hannes 2010

Senate Bill S 510, the Food Safety Modernization Act, passed the Senate on November 30th, 74-23. Not a single Democrat crossed party lines. This bill is the coup on food in the US. Even though the Tester Amendment was included to dupe those who think it will stop small farmers and processors from being put right out of business, it will only slow down the demise of some small farms.

Then it came to light that a Constitutional issue that had been staring all of us in the face was present. The Senate did not pick up HR2749, which passed the House in July of 2009; instead they took up their own monster in S 510. They also began revenue generation in the Senate (Section 107 of the bill), which is expressly forbidden by the Constitution.

Faced with a patently un-Constitutional bill, that violates Constitutional process, we have to remain vigilant until BOTH houses have adjourned for the winter recess prior to the next session of Congress.  Talk about roller coasters.

If the Constitution means anything at all, the House should “blue slip” S. 510, which would preclude them from taking the bill up and very likely run out the clock for passage in this session.

However, there are four choices available for the legislation to move forward before they adjourn on December 24th. The first is for the Senate to bring it back and get unanimous consent to remove the offending section. Since Senator Coburn of Oklahoma will not consent, that avenue is cut off.

Second is for the Senate to bust S. 510 down to the original “compromise” amendment, remove the funding section and the Tester amendment and try to ram it through the entire senate process again before the 24th.  This seems unlikely, but don’t trust them as far as you can throw a semi trailer loaded with lead.

Third, the Senate could take HR2749, which has already passed the House, and rush it through the Senate, and it would go straight to the President’s desk with no process with the House necessary. This also seems rather unlikely. The bills are very similar and would have the same detrimental effects for everyone, but the Senators are not familiar with the bill, so it could be really tough.

Fourth, the House Ways and Means committee could pass the bill through and forgive the Constitutional infraction and refuse to blue slip the bill, then vote on it before the 24th and we’d have the bill albeit there would be legal issues brought forth that could possibly ensnare the regulations they want to write under this bill. This appears to be the most likely potential for S. 510.

Make no mistake about this, SB 510, or HR 2749 are worse than the Patriot Act, the Health Care bill, and the Federal Reserve Act combined. We can all live without little pieces of paper, and many of us can live without doctors, and we have been living with the increasing police state since 911, but none of us can live without food and water. If we lose food and water, we won’t be able to fight anything else.

The Tester-Hagan Amendment—Lipstick on a Pig

The largest deception played on the public in S. 510 is the inclusion of the Tester Amendment. This amendment was sold as the complete exemption for all small farms grossing less than $500,000 per year. But if one reads the actual amendment, it is evident that it will not do what it is purported to do for the vast majority of small producers.

The Tester Amendment has strident restrictions on those who may be “exempted” from HACCP (Hazard and Critical Control Point) implementations. HACCP is 50 pages of instructions that require a certifier to sign off on the plan, and a team to be trained in ensuring the plan is followed on the farm. The requirement of this plan put about 40% of small meat processors out of business several years ago. If you fall under the “protection” of the Tester amendment, you won’t have to do it….but let’s see how protective the Tester Amendment really is.

First, the Tester Amendment purports to exempt farms with less than $500,000 in sales from the requirements of S.510. However, to be “exempt” one must sell more than 50% of their products directly to consumers or restaurants within a 275-mile radius from production, and keep records substantiating those sales. The records are open for inspection and verification of the exemption. In other words, you have to prove you are playing by their rules through record keeping and approval of those records, or meet the more onerous requirements of S.510.

You must “apply” to be included in the “protections” of the Tester amendment. You must substantiate through your records for three years that you fit the category of selling more than “50% of average annual monetary value” within this 275-mile radius. So, if you sell on the roadside or at a farmers market, you must have a map handy and ask for ID from everyone who purchases from you or lose your exemption. Nice, huh?

Proof of Residence for Food? Really?

I can see it now….A lovely early June day, with the birds singing and the smell of freshly mown hay hanging in the air like the best memory from childhood. A young mother pulls into the Farmers Market and readies herself for a wonderful shopping experience.

She approaches the first stand with her mouth nearly watering at the bright display of fresh produce. “I’d like 3 cucumbers, please”, says the lady with her 3 kids and cloth grocery bag.

“Great! Can I see your ID?” replies the guy in bibs.

“Oh, I’m paying with cash” she replies with a smile.

“No matter”, says the farmer, “We have to make sure you’re within a 275 mile radius of our farm in order to sell to you”.

She looks perplexed and says, “Well, we aren’t. We’re on our way to visit my parents and I wanted to make a special dinner for all of us, using their locally produced foods so they could remember how good home grown veggies are….So I can’t buy from you without an ID?”

The farmer scratches his head and says, “Now see, I have to be very careful. I belong to a CSA that sells to a Chipotle that’s 276 miles from us, so all of my sales at market have to be local or I lose my exemption and will have to hire 5 people to take care of the paper work and then I just go out of business. So no, I can’t sell to you. What’s more, all the vendors here are part of the CSA, so no one here can sell to you. You have a nice day now!”

No Surprises-It’s Locally Global

What we have in Tester is local Agenda 21 Sustainable Development. In sum, “control over all human impact on the environment”. Everything will need to be within the ‘food shed’, and if you are outside of the food shed, too bad for you. It’s a great way to surveille and monitor food production and distribution. And you still fall under the broad based “reason to believe” of the Secretary with the Tester amendment. If the “Secretary”, meaning the head of the FDA or HHS thinks you may have a problem, or deems what you produce to be ‘high risk’, you will be shut down until they say you can begin again. All of your product is subject to mandatory recall; that’s why you have to keep records of everyone you sell to. And you will have to register as a facility under the Bioterrorism Act of 2002, referred to as Sec 415 throughout the bill. (Knock knock—this is “premises identification” as in NAIS)

So please, don’t tell me how great the Tester Amendment is, and that the expansive powers being granted to the DoD, DHS, HHS, FDA and USDA in this bill will be helpful to small farmers and local food production and make my food safe. Wake up and smell the coffee!!! Oh, wait. The only state that could produce coffee within 275 miles of itself, is Hawaii. Never mind. Wake up, and smell the tyranny, please.

(The best thing to do right now is to call the members of the House Ways and Means Committee as well as your own Representative and tell them they MUST blue slip S. 510. While I know it gets frustrating to call the Congress critters, the more they know that we know, the better the chance at slowing down the destruction they have planned for us. The switchboard number for Congress is 202-224-3121.)

Check out www.newswithviews.com for my articles and many other excellent researchers on topics affecting your freedom…also my blog, www.truth-farmer.blogspot.com

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