Category Archives: Uncategorized

The FDA Forgot….You have No Right to Privacy in Contracts

©Doreen Hannes

When the FDA answered FTCLDF (Farm to Consumer Legal Defense Fund) in the interstate shipment of raw milk suit, they stated four fully repugnant things. That you have no right to, nor does your child have a right to any particular food, you have no right to bodily or physical health, that you have no right to contract, and that they are “rationally” fulfilling their public health mission. It appears that they forgot to include that you have no right to privacy or free association along with the right of contract.With the recent actions against Rawesome, sting operations against Amish farmers, and the absolute destruction of Morningland Dairy, one can only surmise that the FDA, who pulls the strings on state level equivalent agencies, forgot to specifically deny the right to freedom of association guaranteed us under the First Amendment along with many others.

As many people have been covering these continual affronts to our very right to consume food that we want to consume, I don’t feel as compelled to conduct a full review every time I find myself in the position of covering a new travesty of decency. Maybe that’s laziness in the eyes of some, but the truth is we are against the wall in this country with the most basic of human rights, and it’s too late to be nice about it any longer. If people are still unaware that food is a controlled substance, they are not likely to read this article anyway. Unfortunately, we have another assault that needs to be brought to the attention of those paying attention.

Morningland’s cheese plant has now been shut down for just over one year. They’ve been to court and have filed an appeal on the judge’s order to destroy their wealth, and were taken to court again on June 13th and found guilty on one of three Contempt of Court charges brought against them for not rolling over and dying when the Milk Board suggested they should. They had to post bond again to keep their cheese from the hands of the destroyers until the legal wrangling is complete. Now the Attorney General says they must give up the names, addresses and phone numbers of individuals who are members in their private association. Denise Dixon says she will go to jail before that happens.

At the first trial, on January 13th 2011, the principals of Morningland of the Ozarks LLC, Joseph and Denise Dixon, notified the Attorney General’s office, the Missouri Milk Board, and Judge David Dunlap (although he rec’d his notification via mail) that they had closed Morningland of the Ozarks LLC, and had formed a private membership association that they hoped to be able provide with their own cheese once this issue was resolved. In the interim, they purchased cheese from two licensed, inspected facilities and cut it and shipped it to their membership. The Dixons drove to these cheese plants (one in Wisconsin and one in Kansas) and picked the cheese up. This takes the private group completely out of the accepted realm of commerce.

In his original ruling against Morningland of the Ozarks LLC, Judge Dunlap stipulated that the LLC was the only entity involved in this action. The Attorney General’s office made no move to personally enjoin either one of the Dixons from either making or selling or cutting or wrapping or eating cheese themselves. The Dixons even applied for a tax id number as Morningland Dairy, not Morningland of the Ozarks LLC.

But that doesn’t matter. Trying to make an independent living is now illegal.

The state is the Judge. The Judge says there can be no jury. The state is the Executioner. After all, this is the land of the free the home of the brave, where agencies steal and destroy property with impunity and if we don’t like it, we can leave. That is, if we aren’t already involved in some legal imbroglio.

I digress. But only a little bit.

Judge David Dunlap ruled that Morningland of the Ozarks LLC is to turn over to the Attorney General’s office all sales records (none), all production records (none), all sanitation records (none), all bacteriological test records (none), and all sales records (again?).

Denise and Joseph Dixon produced the invoices from the companies they purchased cheese from, and also invoices with the names redacted of the people they had sent cheese to from Feb 23rd through present. This wasn’t good enough. The Missouri Attorney General’s office claims that they must have the names, addresses and phone numbers of the private membership association or there will be a $100 per day fine ascribed to a defunct entity, and a defunct private membership association for failure to produce documents. That fine assessment began on August 22nd as per a letter from the Attorney General’s office.

Joseph and Denise are ready to go to jail before they will turn the names and addresses of the association members over in this action. They mean it. They are asking the court to reconsider their ruling to divulge the members names…but there are things that have to be clarified before they go to jail.

These things make no sense to me in the legal realm of this case. We are dealing with four entities. One is the subject of legal action, that being Morningland of the Ozarks LLC (d/b/a Morningland Dairy). One is Morningland Dairy, the private membership association. The other two are scripturally one, being Joseph and Denise Dixon. The Court, and the Attorney General’s office have stated repeatedly that Morningland of the Ozarks LLC is the only entity involved in this legal action. However, they are comfortable finding a defunct entity, with no income or production, to be in contempt. They are also comfortable with forcing a private association to disclose their membership list in conjunction with a legal proceeding against a separate entity and with requiring the procurement of production records from other entities over which they have no jurisdiction.

If the logic employed by the Missouri Attorney General’s office and Judge Dunlap of Howell County Circuit Court is to apply to all of us (as it will if all of this is upheld), should you purchase some male performance enhancement herbs from anyone, and one of their suppliers is involved in a dispute with say the FDA, then the FDA will have the right to know that you bought such a product, and maybe they will even call you to find out how it worked for you.

Pleasant thought, isn’t it?

The AG’s office makes no bones about their assertion that the Dixons formed their private membership association solely to engage in unlawful activity. They think the Dixons are such hard nosed criminals that they are flaunting the law by letting the Milk Board, the Court and the AG’s office know that they are running a private association under the First and Fourteenth Amendments of the US Constitution. Obviously, the Dixons are criminal because they believe they have the right to provide people with food that the people want and to try to make some money to pay for the electricity to continue to hold their arrested cheese for the inevitable destruction. In the Missouri Attorney General’s eyes, there can be no chance that the Dixons simply want to do what they have been dedicated to doing all along…..Provide living food to living people who share their continued interest in, ummm, living.

I guess we need permission for that now.

 

You’d think it was drugs the Feds were after

Rawesome has been raided for a second time. This time by 9 agencies. Several links for you to read. [all links open in new tab]

Breaking news: Multi-agency armed raid hits Rawesome Foods, Healthy Family Farms for selling raw milk and cheese. Read it here at Natural News.

Thecompletepatient.com – Major New Escalation in War on Food Rights As Federal and Local Agencies Team to Arrest 3 in CA on Criminal Charges Associated with Rawesome Food Club

Estrella Family Creamery blog post, with a video

 

It is totally outrageous.

 

 

 

 

Prose About the Cons…

Prose About the Cons…
Or, How to Gang Rape a Family Business Government Style

When the California Department of Food Drugs and Agriculture, the FBI, the FDA, the Los Angeles Police Department and their co-conspirators, raided Rawesome Food Club in Venice, California at gunpoint last June, they were intent on one thing: controlling people’s access to food of their choice.

When the CDFA tested cheese seized in the raid 55 days later and “detected” pathogens in the cheese, a freight train of destruction began to run down Morningland Dairy. This family business had been in business for thirty years with no complaints or illnesses associated with consumption of their cheese.

The owners of the company, Joseph and Denise Dixon originally thought the agencies in charge of the investigation were actually interested in helping them address a problem if the investigation showed there actually was a problem. They thought that the Missouri Milk Board was interested in helping them get back into producing their highly desired cheese.

Unfortunately, nearly a year later, those naïve original thoughts are as absent as cheese making activity at their virtually abandoned cheese plant.

Apparently, the government paid enforcers of truth, justice and a controlled food supply will not rest until the object of their fear, $250,000 of cheese, is destroyed. With the destruction of that cheese will come the destruction of another family farm.
If actions are any indication of intent, the intent of the Missouri Milk Board with Morningland Dairy has been annihilation from the beginning of the investigation.

As one might imagine, when you are faced with the destruction of your livelihood, potential loss of your farm and home, complete loss of your business, accusations of wrong doing and ill will, along with separation of your family due to the inevitable continuing saga of bills that must be paid despite the circumstances, you might have some feelings about it. Especially when no one has been harmed by your product.

The following prose asks the ineffable question of “How Many Goons (Bureaucrats) Does it Take to Destroy A Business?”

FDA, Team 1: 3 Goons…..Impress Them

Arrive at the business dressed in full camouflage fatigues and serve inspection paper. Make ignorant statements like, “I don’t know how many times a week you milk your cows, but….” and despite the statements that show your ignorance, make them believe you have the authority to decide if their operation runs properly.

Impress them.

When they question your demands for information unrelated to to your inspection, make obvious note of their “failure to cooperate”.

Impress them.

When you fail to find any contamination, even though you dug deep to insure that you would, be sure to downplay that failure and continue to impress them with more investigation.

When they attempt to limit your ability to confiscate their product, threaten them with an invasion by your sister, the U.S. Marshall.

Impress them.

When you close your investigation, be sure to inform them that you will be back to open up another investigation.

They’ll be impressed.

FDA, Team 2-1 Goon: Strong Arm Them

Call the plant. When you find that the owners are not there, impress upon the Plant Manager the need to recall all of their product for the entire year.

Push! Push!

Email them with your outline of exactly how to do the recall. Never mind that the owners are not present. Never mind that there has never been an illness or complaint connected to their product. Never mind that the test from another state looks extremely suspicious and mishandled.

Push! Push!

Hound the Plant Manger. By phone, by fax, and email. Even on the weekend. Get that recall done before the owners arrive!

Push! Push!

When the owners arrive at the plant before the recall is complete and ask why such a recall is necessary before the ‘facts’ are substantiated, threaten them that you’ll have to issue the recall for them if they do not!

Push! Push!

After you’ve forced them to recall, when the owner informs people you forced them to do it, deny it! But don’t fret; your job is completed.

Missouri State Milk Board- 3 Goons: Deceive Them
 
Arrive at the plant and pretend to be concerned about the ‘situation’, and assure them that you’ll help them get back in business soon. Make them think you are concerned over the apparent obvious lack of proper procedure performed by the other state’s officials, though you will not make any effort to question the other state.

Deceive them.

When they try to conscientiously test some of their product, introduce them to the testing facility that you have used for years, and with whom you have such a relationship that you can call them up and change things to your specifications even if the test is not yours. Tell them that you don’t know this testing facility, that you just learned of them recently, that you will ‘loan’ them the business card you ‘happened’ to have in your wallet to make a copy but that you’ll need it back in case you might want to contact this facility yourself.

Deceive them.

Make them think that you regret that they must do a recall
When the owners insist that the other state’s procedures be investigated, tell them you will look into it, but first, they must do the recall. You really care.

Deceive them.

When they question the integrity of your testing facility, end especially when they find out that you and the facility are buddies, make them think you are saving them from poisoning sooooo many people! Make them believe that it’s not important to do a valid scientifically proper test of their product. Make them believe you are doing all that you can do. Make them believe that their healthful product is not even fit to feed to dogs. Make them believe that you do not want to destroy their business.

Deceive them.

When they dare to fight the planned destruction of their business, testify in court that you had been concerned by the inspections you had previously performed at their plant.

Deceive them.

Do not testify that you had repeatedly told them that you had noticed their efforts to improve the plant, or of the fact that you had recently approved the owner’s plans to expand the plant.

Deceive them.

When you have the opportunity to help the judge decide upon the improvements to require the owners  to implement  before resuming production of their product, be sure to list expensive changes that are not required in other facilities like theirs. Make the judge think that such changes are necessary.

Deceive them.

MISSOURI COURT/ATTORNEY GEN.’S OFFICE – 3 GOONS – AWE & BURY THEM

Twist the truth to achieve your goals and disregard any who insist upon proper procedure.

Play God.

Invent false, damning accusations and run with them so you can destroy the already injured business, even though you have absolutely no proof of such accusations. You don’t need it.

Play God.

Ignore the truth that you hear from testimonies that support the business; you needn’t bother heeding it because as “god” you make your own “truth”.

When you’ve destroyed the small business, don’t stop there. Grind them into the ground by inventing ways to find them in contempt of court. Pay no attention to the rules and regulations they might quote; you’re on a roll and you’re fully convinced of your deity not, right?

Okay, let’s see. Well, it looks like Ten. Ten Government Goons, with government funding, have killed a family farm business, and in less than a year. This family business supplied a delicious raw milk cheese that is easily digestible and provides live beneficial nutrients. They supported their families and employed six people, and they shipped their cheese all over the continental U.S. grossing approximately $600,000 a year.

Guess that made them a threat to the government.

Next?

Update! Morningland Dairy Goes to Court for Contempt of Court

Morningland Dairy Goes to Court for Contempt of Court

©Doreen Hannes

On June 13th, Morningland Dairy will be in court again despite the fact that the final disposition of their $250,000 cheese inventory is, as yet, undecided. [Click to read  Verified Second Amended Application for Order to Show Cause 5-23-11. It is a pdf.]

Earlier this spring, Howell County Circuit Court Judge David Dunlap found for the State in the first trial and Farm to Consumer Legal Defense Fund is appealing his decision to a higher court.

At the trial in Howell County in January, Morningland Dairy of the Ozarks LLC noticed the judge, the Missouri Milk Board and the Missouri Attorney General’s Office that they had closed the LLC and would no longer operate in the public venue. Instead Morningland Dairy would operate entirely in the private sector through a private association operating under the 1st and 14th Amendments to the US Constitution.

After the trial, Morningland began the process of buying cheese from similar licensed suppliers and repackaging and selling this cheese to their private association buyers.  They purchased a separate refrigeration cooler for the new cheese  to  ensure segregation from the cheese held under embargo by the Missouri Milk Board since August 26th, 2010.

The Inspectors Get to Inspect –Just not Everything

On April 13th, Don Falls and Roger Neill of the Missouri Milk Board showed up at the Morningland Dairy plant intending to conduct an inspection of the facility.  Plant Manager Jedadiah York and the eldest Dixon son were there and called Joseph Dixon to inform him of the Milk Board’s presence. Joseph Dixon states that he spoke with Don Falls, and said  “You can inspect the cooler which still holds the Milk Board embargo tag and the cheese in that cooler, but you are not to inspect or go anywhere else in the plant as it is not under your jurisdiction.”

Joseph also says that he did give Don Falls a little piece of his mind, which, from a human standpoint, is completely understandable.  Joe says, “Don Falls stated in court that the amount of cheese in the embargo cooler was his count. He didn’t count the cheese. He just took the FDA count and said it was his. He also stated that the cheese samples sent to Microbe Inotech were his samples, but they were not. So I called him a liar and also told him he couldn’t count, as the FDA count he claimed as his own is way off from our count.” Since Joseph has effectively lost his business, had to leave his family and go to work out of state, lost all of his savings, lost nearly a full year of production and a year and a half of sales, one can understand having some animosity to the regulator in charge of the action.

Charges Levied

Three charges are being levied against Morningland on Monday June 13th. They are Failure to Allow Inspection, Failure to Implement Required Practices and Unlawful Sale of Embargoed Cheese Product.  One dangerous thing about these charges is that this seems to draw the Dixon’s private association into the State suit against Morningland Dairy of the Ozarks LLC.  The only thing left of the thirty year old company Morningland Dairy of the Ozarks LLC is the cheese under embargo in the cooler.

Joseph says, “Apparently even though he was allowed to inspect the cooler with the embargoed cheese in it, and said that it looked like it was all there to our son and Plant Manager, Don Falls yet again changed his mind and his story after talking to his superiors. Or maybe he just got mad because I called him a liar.”

Styrofoam is Evidence of a Crime

At question in the allegations now being charged against Morningland is whether or not there are any clear jurisdictional boundaries that the State or Federal government cannot cross. If cutting and repackaging cheese is now manufacturing cheese then several families could not go together on a forty pound block of cheese and divide it up amongst themselves without being licensed and inspected.

The “evidence” that Morningland is selling the embargoed cheese is that a member of the private association who runs Clover’s in Columbia Missouri, sold cheese with a Morningland label to Don Falls and Roger Neill.  (Batman and Robin of the Missouri Milk Board?) Also cited in the court filing is that there were bits of styrofoam on the packing room floor which leads to the cooler that is under arrest by the Milk Board.

While the packages of cheese might seem damning, one must remember that Morningland LLC closed down and agreed to not sell any of the embargoed cheese until the legal proceedings were complete. As stated earlier, they also informed the Court, Milk Board and Attorney General’s Office that they had formed a private association.  Considering these things, do styrofoam pieces plus packages of cheese really add up to selling embargoes cheese?  What about the inventory? Is anyone going to check that?

The really funny thing about the inventory is that in the court records there are three different inventory counts offered. Don Falls says 29,000 pounds, Denise Dixon says closer to 39,000 pounds and the judge cites 20,000 pounds. Does anyone really know?  If all the cheese is destroyed, will it matter how much there really is? If it were your livelihood, I would think it would matter to you.

Life Goes On….Kind of

Denise Dixon is going to be the only principal in court on Monday the 13th. She will be flying back from Ohio where she and her younger children are currently staying taking care of her elderly parents. Joseph is working in Alabama and cannot take time off work to be present at the proceeding.

If the State ultimately fails to destroy the cheese that represents the wealth of this family, they have succeeded in destroying the family’s forward progress and robbing them of their peace. All over cheese that in thirty years never had a complaint of illness or upset associated with it. 

  ===  You can still donate to help the Dixon’s keep their farm and cheese plant so they can hopefully begin making cheese themselves once this court battle is complete.

Stay of Execution on Cheese is Granted!

Stay of Execution on Cheese is Granted!

Morningland  Moves on to Appeal

March 9th 2011

In a surprisingly fast decision, the Judge in the Morningland of the Ozarks LLC’s case has ruled in favor of a “stay of execution” on destruction of the cheese in the farmstead cheese company’s refrigerated cave.

Yesterday at 1pm, there was a teleconference regarding  Morningland counsel’s request for a stay on the State’s desire to destroy all of the cheese that has been held under embargo since August 26th. The Judge had issued his Order for Judgment for destruction and had also issued a Permanent Injunction on Morningland LLC to stop them from making or selling cheese until a very untenable set of criteria were met by the company. Counsel Gary Cox requested a stay on destruction and asked the judge to dismiss the counter claims brought by Morningland LLC in their case with the Missouri Milk Board.

Today, March 9th, 2011, the day the Milk Board wanted to begin destroying the cheese, Judge Dunlap issued a five point ruling in favor of the Stay and now the case to destroy the cheese moves on to Appeal.

Morningland of the Ozarks LLC , has been in business for 30 years with no incidence of illness ever surfacing. Despite the history of companies like Morningland, the FDA issued a notice to consumers the same day the decision to grant a stay was being heard saying that raw dairy may “Pose a Health Threat”.

While Morningland of the Ozarks LLC has been put out of business by the seizure and complete halt of selling or producing cheese at the cheese plant, Morningland intends to move forward as a private health food association and hopes to make cheese again soon. Joseph and Denise Dixon, the prior principals of Morningland LLC said, “If we can just hold on until spring fully hits, when the grass comes in and the cows don’t need to be fed, we think we can weather this, and hopefully produce living, healthful food for our members again.”

Update: A Decision Expected on Monday

Today was the teleconference where the judge heard more information regarding the stay. He will make this decision on Monday.

What seems apparent from the documents – and you can read them below – is that the Missouri Attorney General’s office is scared that the cheese will get away. They even asked that the Dixon’s post a bond of $250,000.00, which was later reduced to $2,000.00. [At this point in this post, let me remind you to donate some money, some more money, via Pledgie because they really, really are in need. ]

This is the Memo in Oppostion Defendent’s Petition [opens as a PDF]. Can you count how many times the Plaintiff [state of Missouri] claims their rights? How one sided is that?

Here’s what the Memo says in regard to their fear that the cheese will sprout feet and abscond:

If a stay is granted and the cheese continues to remain undestroyed, Defendant [the Dixons] will retain control over it and the risk to the public remains great. Should the Defendant remain in control of the cheese, the cheese might be shipped out of state, stolen and consumed, or donated as food to a food pantry.

This is Exhibit A – Rescission of Activities and Practices Involving Production, Sale and Marketing of Raw Milk Products. This is where the Dixons tell the court that they are going private and will only sell to private members. This is the main reason that they need more donations. In order to stay alive and keep the farm running until the final judgment is rendered.

Here is Exhibit B – Request for Judicial Notice, where Joseph Dixon makes his claim, and rightly so…”follow the teachings and precepts of scripture as the absolute and final authority in heaven and upon the earth.”

As I understand it, the AG’s office is very uncomfortable with all of the transparency. They’d much rather have everything kept out of the public eye. No kidding. If I were them, I’d want that too.

Where the Cheese Meets the Landfill

This is serious, folks. Some of you have kindly offered to free the cheese, but please, you have to understand the seriousness of that action.

The Dixons have been instructed to send any freedom of cheese suggestions to the proper authorities…obstruction of justice charges will likely result. That means someone would likely go to jail. Doreen, for a time, the Dixon’s for longer. Obstruction of justice is a felony…know what I mean?

If you want to help, really help, show up on D-Day (currently scheduled for the 9th) with your video cameras, your recorders, signs. Doreen put it best: “Personally, I think that a few hundred people there with signs megaphones, cameras and notice to tv stations would be good. Here we are in a world where there are food riots and tons of reports about food shortages coming soon, and they are going to throw away an awful lot of food.”

This isn’t kindergarten, folks. This is tyranny.