Update – Morningland Cheese Destruction Stayed During Appeals

Submitted by Annie on March 23, 2011


Health Freedoms has brought you updates on this case involving $250,000 worth of raw cheese and a court battle that has put Morningland Dairy, a farm with a 30 year perfect safety record, out of business.



The opposition against raw cheese is based on flawed analyses and this farm in particular was caught in a battle over the lack of evidence that their cheese was unsafe. There were questions about the handling of the cheeses that were found contaminated.

Now, this release on March 9th at the dairy’s page at uncheeseparty.com brings some encouraging news in a “stay of execution” on the destruction of the cheese while the case moves into appeals. The site is also set up to accept donations that go to helping the family. It supports a shot at continuing to produce this real and raw nutrition and put the cost of this legal battle behind them.
~Health Freedoms

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.” http://uncheeseparty.wordpress.com/2011/03/10/stay-of-execution-on-cheese-is-granted/

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