Raw Milk Provider in the Dock in Wisconsin: Who Decides What You Can Eat?

Lucille

Member
Joined
Oct 30, 2007
Messages
15,019
Raw Milk Provider in the Dock in Wisconsin: Who Decides What You Can Eat?
http://reason.com/blog/2013/05/14/raw-milk-provider-in-the-dock-in-wiscons

The Fractured Paradigm blog reports on a forthcoming "food liberty" case involving sale of unapproved dairy products out of Wisconsin, where dairy is a very big deal indeed:

Raw milk drinkers are outraged that Wisconsin DATCP [Department of Agricultural Trade and Consumer Protection ] is bringing criminal charges against a farmer who serves a private buying club. Do citizens have a right to contract with a producer and grow food to their own standards?

Food rights activists from around North America will meet at the Sauk County Courthouse in this tiny town on May 20 to support Wisconsin dairy farmer Vernon Hershberger and food sovereignty. Hershberger, whose trial begins that day, is charged with four criminal misdemeanors that could land this husband and father in county jail for up to 30 months with fines of over $10,000…

DATCP has charged Hershberger with, among other things, operating a retail food establishment without a license. Hershberger repeatedly rejects this, citing that he provides foods only to paid members in a private buying club and is not subject to state food regulations.

Hershberger says:

There is more at stake here than just a farmer and his few customers — this is about the fundamental right of farmers and consumers to engage in peaceful, private, mutually consenting agreements for food, without additional oversight.

......Hershberger, and other farmers around the country, are facing state or federal charges against them for providing fresh foods to wanting individuals. In recent months the FDA has conducted several long undercover sting operations and raids against peaceful farmers and buying clubs....

Vernon has faced a lot of pre-hearings and postponements already. Legal concerns are mounting. Printable flyers and an account from his May 7th hearing appear here.

I was talking to a reporter from a big national magazine about the Pauls just yesterday and I was asked why "raw milk" is such a big deal to the Pauls and many of their fans. Well, you know, it's hard to explain--some people just are regrettably lacking that bureacratic-managerial outlook on life that says, well, pasteurization and legal restaurant inspectations certainly are conducive to greater public health and are very scientific and rational and thus what sane person could argue with enforcing rules regarding them with men with guns who have the ultimate power to kill you if you decide at any point that you don't want to cooperate and should be able to manage your own life your own way and make trades with willing customers.

Some people just believe you should have more control over your life than that. Who knows why, it's just the wild attitude that some people have.
 
DATCP has charged Hershberger with, among other things, operating a retail food establishment without a license

It's all about cutting into their establishments profits!! :mad:

Bottom line when you have to ask for permission, there is no liberty, there is only tyranny.
 
Should the same freedom to sell what you want apply to GMO foods? There are people who would love to see sales and production of that banned.
 
Last edited:
Go ahead and sell GMO. I ain't buying. Produce has already taken a steep dip in quality over the decades. I have eaten enough produce to tell the difference.
 
Should the same freedom to sell what you want apply to GMO foods? There are people who would love to see sales and production of that banned.

People that advocate for a ban are guilty of using government to force their choices on others. I hate GMO, I want it gone, but in a free society if my neighbor is fine with it than he can do it and I have no right to stop him.

The labeling laws are a more complex issue than a ban.
 
There's a chance this farmer is actually guilty of breaking a stupid law, but chances are he is not. I live in Indiana and my family has a small organic farm and we sell "herd shares" in order to legally provide our customers with raw milk.

We make every effort to stay within the law. None of us are confident that we're not breaking one though, because there are so many laws to follow it makes it impossible to be positive.

What we fear, yeah there's a level of fear, more than breaking a law is an investigation opening up or being drug into a huge court battle to prove our innocents. USDA likes to bankrupt small farms every so often to make an example - most the time the farm doesn't even survive long enough to see the verdict of whether the charges were credible.

I hope the best for this farmer. I hope this pulls their community together behind him and helps others realize WHY liberty is an important thing to defend.
 
Should the same freedom to sell what you want apply to GMO foods? There are people who would love to see sales and production of that banned.

There are some people that believe that the moon is made of cheese, so I can definitely see your point. We can associate everyone in to the same "human" group and just denounce anything and everything, yahooooooooooooo!
 
Last edited:
Should the same freedom to sell what you want apply to GMO foods? There are people who would love to see sales and production of that banned.

I'm just curious but was that an honest question, an attempt to reveal inconsistency w/ natural food liberty activists or justify raw milk being illegal? Again - just curious. I first took it as an honest pondering but then later noticed you're a regular in the subforum and have gotten into a few scuttles with other members.
 
^ What, him worry? "Freedom is a state of mind," dontcha know. I'm sure that will comfort Mr. Hershberger when he's spending his 30 months in lock-up, and has to hand over at least ten thousand to the state for having the unmitigated gall to privately sell a product to willing buyers.

It's Easier to Get Juries to Convict When You Don't Let Them Understand What's Going On, Raw Milk Division
http://reason.com/blog/2013/05/23/its-easier-to-get-juries-to-convict-when

Followup on the "raw milk" prosecution against Wisconsin farmer Vernon Hershberger I blogged about last week from the Daily Isthmus:

every time the words "raw milk" are about to come up during the proceedings, the jury is ushered out of the room. It happened Monday morning and again Tuesday afternoon.

It would be funny if conviction for Hershberger didn't mean jail time -- for a father of ten children....

The state is arguing that Hershberger violated the law by selling milk (raw) while he was not licensed. But here's the problem: licensing requires that milk producers sell to a licensed processing plant. If you don't sell to a plant, you aren't licensed. At issue is not the fact that Hershberger failed to obtain a license, but that he cannot get a license, period, to sell milk because he was no longer shipping to a plant. Instead, he was attempting to sell raw milk directly to buyers or buying club "members" who had purchased shares in cows. But no one is allowed to say that.


Judge Reynolds ruled in the prosecution's favor before the trial started that there will be no discussion of whether Hershberger had criminal intent in not obtaining a license, no discussion of the safety of raw milk and no discussion even of why his farm was raided in 2010.......

A telling moment during Tuesday's testimony was when Teresa Butterworth, witness for the prosecution and employee of DATCP's Bureau of Food Safety & Inspection whose responsibility it is to license and maintain dairy farm records, could not tell the defense what dairy plants do. Lead defense attorney Glenn Reynolds (no relation to the judge): "What do dairy plants do?" Butterworth: "I don’t know." Later she stated: "I just process the paperwork."

By circumscribing so narrowly the rules of engagement before the trial even began -- despite the defense attorneys' best efforts -- the state is counting on the jury to also just process the paperwork.

The Madison Capital Times reports on the mass public support for Hershberger.
 
Last edited:
People that advocate for a ban are guilty of using government to force their choices on others. I hate GMO, I want it gone, but in a free society if my neighbor is fine with it than he can do it and I have no right to stop him.

The labeling laws are a more complex issue than a ban.
Forcing someone to put things you want them to on their label is not exactly freedom, now is it? It's more like "forcing your choices on others", isn't it?

I should be able to sell anything I wish, print anything I wish, and print anything I wish on anything I sell. Period!* Your wishes don't play into it.

* The usual libertarian disclaimers apply, of course: non-forcibly and non-fraudulently. No force? No fraud? No foul.
 
This was a front page news story in the state-wide paper, the Wisconsin State Journal, the other day. And the article is fairly sympathetic to the heroic farmer.

Raw milk or regulations? As trial begins, so does debate about what Vernon Hershberger case is about

BARABOO — To the dozens of supporters who traveled Monday to Baraboo to see the opening day of Vernon Hershberger’s jury trial, the case against the Loganville dairy farmer is all about raw milk.

But prosecutors said Monday that couldn’t be further from the truth.

State attorneys sought to show the case revolves solely around the specific charges against Hershberger: that he failed to obtain the proper state licenses to sell food, produce milk and operate a dairy plant, and that he violated a hold order that inspectors placed on his products following a June 2010 raid at his farm.

Following the first day of testimony, after the jury was excused for the day, Hershberger’s legal team contested a document state attorneys submitted into evidence that showed a fee schedule for obtaining a retail food sales license.

They accused the prosecution of using the document to imply that all Hershberger had to do was pay a minimal fee and he could have avoided charges all together. That accusation brought forth the following statement from Wisconsin Assistant Attorney General Eric DeFort:

“I think the evidence is clear that he could have got a license,” DeFort said. “But clearly, he would have had to stop selling some product, which is the raw milk.”

That comment brought forth laughter from the courtroom audience, many who were Hershberger’s supporters. They were hushed by the judge.

-- http://host.madison.com/news/local/...cle_55d42801-c99b-5805-beab-552a47121dc0.html
 
Orwell Reigns Over Raw Milk Trial
http://www.lewrockwell.com/blog/lewrw/archives/138005.html
The trial of Vernon Hershberger for the crime of selling healthy, unprocessed milk to informed and willing customers is sadly a damning commentary on the times in which we currently live.

This humble yet learned Amish farmer faces the ruin of his farm, his family, and jail time in a trial that highlights the utter depravity of the so-called authorities who claim the right to rule over the rest of us.

Over and over thugs raided the peaceful Hershberger's farm, destroying his property and terrorizing his ten children. His crime was selling a product that has been consumed from time immemorial and which thousands upon thousands of families (including this writer's) increasingly swear by as healthful and wholesome: unprocessed, fresh milk.

Hershberger was caught up in a hell of Kafka's worst nightmare:
"The state is arguing that Hershberger violated the law by selling milk (raw) while he was not licensed. But here's the problem: licensing requires that milk producers sell to a licensed processing plant. If you don't sell to a plant, you aren't licensed. At issue is not the fact that Hershberger failed to obtain a license, but that he cannot get a license, period, to sell milk because he was no longer shipping to a plant. Instead, he was attempting to sell raw milk directly to buyers or buying club 'members' who had purchased shares in cows. But no one is allowed to say that."

His trial is a repulsive, Darkness at Noon, mockery of justice, where the judge forbade the words "raw milk" from even being uttered in the courtroom where the very "crime" is that Hershberger sold raw milk to willing customers! Every time this forbidden phrase was about to come out of the mouth of either side in the trial, the judge ordered the jury to be quickly removed from the courtroom to protect them from even hearing this dangerous term.

California raw milk entrepreneur and activist Mark McAfee was forbidden from entering the courtroom due to a mere suggestion of the banned term:

"McAfee was not allowed to wear his organic pastures t shirt in the courtroom because of its reference to raw milk."

A woman wearing a t-shirt that read "Got Initiative" was likewise banned because of the milk implication of her chosen attire.

A teen-aged girl was forced by the court to remove a button that simply said “Raw Milk Me.”

Hershberger's children were forced to listen to the dedicated father that they no-doubt idolized being portrayed as a dangerous criminal for selling unadulterated, natural, healthy, chemical-free meat and dairy products to grateful customers.

Here is an actual exchange between a defense witness, the defense attorney, the prosecuting attorney, and the judge:

Defense testimony from one of Vernon Hershberger's buying club members since 2004, Joseph Plasterer, as to how he came to seek out farm's food.

Plasterer: "We were looking for some natural milk sources, in early 2004."

Defense lawyer: Did you come and meet the Hershbergers?

Plasterer: "Yes. We asked if we could be part of the farm…

Defense: Did you have a reason?

Plasterer: "My son was not thriving…"

Prosecution: "Objection!"

Judge Guy Reynolds: "Sustained"

Plasterer: "We wanted access to unprocessed food that was higher quality that would not be available from the stores."

Prosecution: "Objection!'"

Judge Reynolds: "Sustained. Strike the answer. The jury is to ignore that."

As it happens, we took a brief break today to travel to a rural farm not far from the artificiality of suburban life to pick fresh strawberries from a young farm family who was trying to transform their 100 year old family farm to meet the exploding demand for fresh, wholesome, local food. They set aside some of their barley fields to grow fresh local produce with no chemical applications. But the county, they informed us, had fought them every step of the way. Their planned farm shop was delayed at least year (at enormous financial loss) due to bureaucratic resistance to their wishes. Any value-added product is strictly forbidden, forcing them to only sell the peach rather than a delicious pie made from the raw materials. It is absolutely inhuman.

The food freedom movement is rapidly becoming the most fundamental issue of our time, as there can be no more central issue than the state demanding to approve the very sustenance with which we chose to nourish ourselves. Cannabis decriminalization, wiretapping, IRS thuggery, and other issues are indeed important to the struggle for individual liberty. But if we surrender to the state the authority to dictate what we are allowed to feed ourselves and our families then little else matters afterward.

Let us pause to reflect on the noble, kind, gentle, peaceful businessman who faces jail time for crossing the inhuman, totalitarian authorities:

 
Last edited:
Should the same freedom to sell what you want apply to GMO foods? There are people who would love to see sales and production of that banned.


Not when GMO's infringe on the rights of others. Raw milk, on the other hand...

Hippocrates, Galen and other ancient physicians used raw milk in the treatment of disease. As late as the 20th century, modern physicians prescribed the raw milk cure to their patients for treatment of most diseases. During the 1920’s, Dr. J.E. Crewe of the Mayo Foundation used an exclusive diet of raw milk to cure Tuberculosis, high blood pressure, prostate disease, diabetes, kidney disease, chronic fatigue and obesity. Raw milk therapy is still successfully used today in German hospitals. There have even been reports of people living for decades on nothing but raw milk.

Source:
http://www.sunherb.com/RawMilk.htm
 
People that advocate for a ban are guilty of using government to force their choices on others. I hate GMO, I want it gone, but in a free society if my neighbor is fine with it than he can do it and I have no right to stop him.The labeling laws are a more complex issue than a ban.

A. We do not live in a free society, it is the illusion of a free society.

B. When GMO's infringe on my heath and the health of my family, my neighbor does not have a right to use them and cross-contaminate my food crop.
 
Should the same freedom to sell what you want apply to GMO foods? There are people who would love to see sales and production of that banned.

Decisions, decisions, should I eat the cancer causing nitride-laden meat tonight or the cancer causing pesticide soaked vegetables tonight? What's for Dinner??? Such a quandry.
 
How, pray tell, does a "GMO" infringe on any human's rights?

It is a poison to consume. Monsanto should be closed down and tried for crimes against humanity. Remember Agent Orange? Remember they denied it caused cancer? GMO's are unnatural and they cause internal organ damage on lab rats.

Sources:
Monsanto's GMO Corn Linked To Organ Failure, Study Reveals


French study reveals liver and kidney damage from approved GM cornhttp://www.non-gmoreport.com/articles/apr07/damage_from_gm_corn.php



Watch this:

 
Raw Milk Trial Ends in Partial Victory for Farmer
Wisconsin dairy farmer voted not guilty on three out of four charges.
http://reason.com/archives/2013/05/26/raw-milk-trial-ends-in-partial-victory-f
After five days of testimony, the jury took four hours to find Hershberger not guilty of three misdemeanor licensing charges and guilty of one misdemeanor violation of a state Department of Agriculture Trade and Consumer Protection hold order. Judge Guy Reynolds said sentencing would occur at a later date. Hershberger faces up to a year in jail and a $10,000 fine.

Still, Hershberger walked out of the Sauk County Courthouse beaming and was greeted by a congregation of family and supporters who cheered when he stepped outside. It’s been a long three years, he said.

“I’m excited to get home on the farm and be a farmer again,” Hershberger, 41, told Wisconsin Reporter on the steps in front of the courthouse. “There’s a lot of farmers hurting out there. They need something like this.”

The state accused Hershberger of not having a license from Department of Agriculture, Trade and Consumer Protection to operate a retail food establishment, a dairy plant or to operate as a dairy producer. It also said Hershberger violated a holding order when he broke DATCP-placed seals on the food in his pantry after a raid.

But Hershberger and his many supporters saw the agency’s actions as government abuse and an assault on the right to consume the food of one’s choosing – in this case, raw milk – a phrase that the judge in the case ordered off limits during the trial.

“This is one of the most abusive, most incomprehensible uses of government power I’ve ever seen,” said Hershberger’s attorney Glenn Reynolds. He said the case was a “pathetic use” of state resources and the prosecution of it was “words put together without substance.”

Reynold’s blasted the “schizophrenic” ag and trade agency and the “abusive” state in his nearly 40-minute closing arguments.

The issue, according to the defense, was not compliance; it was an assault on the freedom to choose and freedom of association. Reynolds dismissed the state’s attempt to tag Hershberger a criminal as “Orwellian newspeak.”

“You saw the video of the Hershberger’s two boys watching with shocked faces as Cathy Anderson (of DATCP) steps back from bulk tank, and boom, throws in blue dye and ruins 2,000 pounds of milk,” Reynolds said.

Hershberger testified that DATCP led him to the milk room, to what he thought was an inspection of his cows. Instead they dumped blue dye in the raw milk in his bulk tank to make sure it wouldn’t be consumed.

Reynolds asked the jury to “vote your conscience and send Mr. Hershberger back to his family an innocent man.”

The jury, for the most part agreed with Reynolds, although the guilty verdict for breaking the DATCP seals carries a jail sentence. Still, Reynolds said the verdict was a “great victory” for Hershberger and for other farmers.
[...]
Hershberger testified that after seeing what DATCP did to his milk, he violated the hold order “to protect the food and feed the families and children.”
 
Back
Top