Tag Archives: Missouri Milk Board

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 !

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.

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!”

Can Properly Done Tests Clear Dairy to Sell?

Missouri Milk Board Agrees to Allow Morningland Dairy to Test

11/10/10 – Doreen Hannes

Morningland Dairy of Missouri, the farmstead cheese operation that has been shut down and under investigation by the FDA and Missouri Milk Board since August 26th finally obtained agreement from the Milk Board to properly test their cheese. Morningland, a farmstead raw cheese company, was shut down over concern by the Missouri Milk Board and the FDA that their cheese may harbor harmful bacteria.

On Monday November 8th, Morningland Dairy attorney Gary Cox, of Farm to Consumer Legal Defense Fund, informed Morningland that an agreement had been reached with the Missouri Attorney General’s office which will allow Morningland to test batches of their cheese that have been under embargo since August by the Missouri Milk Board.

The Missouri Attorney General’s office, representing the Missouri Milk Board in legal action against Morningland Dairy, offered eight stipulations under which they would not object to the dairy testing their cheese. After negotiations, Morningland Dairy and the Missouri Milk Board settled on six requirements to be followed.  The stipulations agreed to are that the Milk Board be present, have three representatives observing, receive split samples of the cheese, approve the sampling and analysis process, receive results after testing, and receive production dates of sampled cheese. The two stipulations that were dropped were the advance identification of the lab to do the testing and the identity of the individual who designed the protocol for test sample collection. The removal of these conditions is significant to Morningland because approved laboratories are licensed by the agencies investigating the contamination, and this secures the opportunity for testing through a non-affiliated lab in the nature of a double-blind study.

During the course of the investigation Joseph and Denise Dixon, owners of Morningland Dairy, have maintained that they should be allowed to do properly sampled tests on the alleged contaminants to clear their cheese for sale. Denise Dixon said,  “It seems to me that if tests that are done improperly can condemn our cheese, accurately done tests should be able to exonerate the cheese.”

Conversely, Don Falls of the Missouri Milk Board has stated, “If you want to do testing for investigational purposes only, that would be fine.”  The Milk Board has held that all Morningland Dairy’s cheese is suspect and must be destroyed. Joe Dixon responds, “We hope that the Milk Board will see reason. If properly collected test results indicate the cheese is clear of contamination, we should be allowed to sell and resume production.”

The agreement does not state that Morningland Dairy may resume normal business operations if tests indicate no pathogenic concerns.