Raw Milk Dairy Farm Fights Back and Wins!
Submitted by
Annie White on January 22, 2011
With all the troubles that raw milk producers have had recently as the FDA hones in on the rise of its sale, it is certainly refreshing to see a win on the side of food freedom. During the summer last year the agency intensely hounded small farms that provide raw milk and their products, many of which have excellent, if not perfect, records. The infuriating thing about the raids is they are doing nothing to promote safety and everything to do with the FDA’s desire to have total control of the market. Most of the ongoing investigations and heavily armed raids were carried out over licensing or regulatory infractions, not contaminated product, the approach by the agency was complete overkill.
Safety records on these farms are excellent, if not perfect. While big-ag saw massive recalls this summer, including over half a billion eggs tainted with salmonella that came from filthy factories owned by Jack Decoster a ‘habitual’ violator of the FDA’s regulations, the FDA was focusing on a product that is consistently safe and incredibly beneficial to health. More and more, people are realizing that pasteurized milk has nothing to offer in the way of health benefits, its instead just a dead product that is likely to cause harm such as asthma, allergies and diabetes. Raw milk on the other hand is packed full of the complex proteins, enzymes and healthy bacteria our bodies need. This is what Bechard hhas to say about his product “People been drinking it for centuries; it’s good for you. It doesn’t make sense to pasteurize it. If God made it to be drank raw, that’s the way it ought to be,” So while animal factory farms, over-run with their own filth and disease spread illness across the country, the FDA spends it’s time focusing on these ag-giants competition.
So what is the small dairy farmer to do when big brother comes to the door demanding that you put an end to exercising your right to provide a food that people want and that is safe? They fight. Many of them are enduring ongoing legal battles that are costing a lot time and money, both of which are tight on farms. Plus, whether these farms win or not, the ongoing battles cause disruption in the performance of the small operations. Apparently, the FDA has all the time and money in the world to waste and their happy to put it towards depleting these small farms existence. Thankfully, persistence is nothing new to farmers and their resolve to stand up for themselves against FDA bullying are paying off. The Bechards, a husband and wife who run a farm in Conway, Montana appealed his loss in court over the charge that it was illegal for him to sell raw milk from his vehicle. It all dates back to April 2009 when FDA agents tricked Mr. Bechards daughters to sale them extra milk at an arranged drop off point. Then in May, Armend was issued a criminal citation charging him with “operation of food establishment without permit”, the charge carries up to $1000 in fines and the possibility of 180 days in jail. The charges are based on the regulations of where and under what pretenses raw milk can be sold. The agency claimed that a truck was a “food establishment” and that they were ”operating a food stablishment without permit”. In June, the farm received letters from Montana Attorney General Chris Koster’s office, asking them to sign a voluntary consent agreement saying they would never deliver milk away from the farm again. The Bechards refused to sign. Then in November, not only did the attorney general ask the Greene County Circuit Court for a preliminary and permanent injunction “prohibiting the Bechards from selling raw milk or raw milk products in violation of the law,” but they also wanted to make the farm pay for the lawsuit! It wans’t until August of 2010 that the court delivered the erroneous guilty verdict to Armend. Charged with “operation of food establishment without permit”, the Bechards immediately appealed. On the 11th of January, Mr. Bechard defended himself quoting a state law that he says convinced the judge to take his side. “A state statute says a farmer can sell from his cart, wagon or vehicle,” he says. “Paraphrasing here, it’s considered to be as if you were selling from the farm. That was the premise we were operating under.” He said the law “States an individual can purchase and have delivered to them for their own personal use raw milk or cream from a farm.” As long as sells are arranged ahead of time, the Bechards are not violating any laws by arranging a drop off point with their costumers; a necessary convenience as the farm would be too far if a drive for customers to pick it up. The Bechards stood their ground and won by using the states own laws. In order to protect himself and his business, they have made some changes to their business, the farm will keep their deliveries outside the city limits. ~Health Freedoms Sources: http://www.bechardfarm.com/rawmilk.htm http://www.ky3.com/news/ky3-farmer-acquitted-in-case-invol-01052011,0,7169955.story Health Freedom Alliance |