Two Recent Cases That Demonstrate How Industry Is Trying to
Eliminate Farm-to-Table Operations
April 22, 2014
Story at-a-glance
Two years ago, a Michigan hog farmer sued the Michigan
Department of Natural Resources (DNR) for lost livelihood
after it accused him of raising an “illegal” breed of swine
The Michigan Invasive Species Order uses physical
characteristics as the determinant factor for deciding if a
pig is considered an illegal invasive breed or not
Less than two weeks before the court date, where the
constitutionality of DNR’s Invasive Species Order would be
reviewed by a judge, the DNR reversed its decision saying
the pigs were perfectly legal after all
This is a blatant attempt by industry-led forces to shut
down farm-to-table operations that threaten the status quo
of the factory farm model
The Indiana Board of Animal Health recently amended a
regulation that in part based the legality of wild hogs on
physical characteristics, clarifying that it does NOT apply
to swine raised on a farm
By Dr. Mercola
In 2010, the Michigan Department of Natural Resources (DNR)
issued an Invasive Species Order1
(ISO) to "help stop the spread of feral swine and the disease
risk they pose to humans, domestic pigs, and wildlife as well as
their potential for extensive agricultural and ecosystem
damage."
While this sounds perfectly reasonable considering how much
damage wild pigs can cause, the way this order is being used by
the DNR is far from it. Hybrid or heritage swine, such as those
raised by Bakers Green Acres,2
a family-run farm, are not feral in the sense that they run
around in the wild.
However, according to the DNR, Bakers' pigs fell under the
classification of "feral swine" because they're cross bred with
Russian boar—an illegal breed—and Mangalitsa pigs. They also
share one particular trait with feral pigs—the shape of their
tail, to be precise.
In fact, crazy as it may seem, the guidelines use
physical characteristics as the determinant for deciding if
a pig is considered an illegal invasive breed or not. As a
result, the Department deemed Bakers' hybrid swine illegal,
which is a felony offense. As reported by the Alliance for
Natural Health:3
"The ISO4
shamelessly targets the heritage breeds favored by small and
family farms, while protecting those favored by CAFOs. Under
the ISO, possession of 'undesirable' pigs carries up to a
two-year jail sentence and a $10,000 fine for each pig.
Moreover, the ISO allows the DNR to seize and destroy
heritage breed of pigs raised by Michigan farmers on the
spot—and without compensation."
Industry Is Hard at Work to Shut Down Farm-to-Table Systems
Make no mistake about it, this is a blatant attempt by
industry-led forces to shut down farm-to-table operations that
threaten the status quo of the factory farm model. Many hog
farmers, and there are some 2,000 in Michigan, destroyed their
heritage swine herds once the ISO was issued. But Bakers Green
Acres did not. Instead, they sued the Department of Natural
Resources (DNR) for loss of livelihood.
The DNR retaliated by asking the judge to fine the Bakers
$700,000 for possession of "illegal" pigs. Two years of
harassment nearly destroyed the family farm, but finally, in
early February, a court date was set. At last, the
constitutionality of the ISO would be assessed by a judge...
Alas, things didn't go as planned. Within mere days, less
than two weeks shy of the scheduled court date, the DNR suddenly
reversed its stance, agreeing that Bakers' heritage pigs were
perfectly legal after all.
This meant the judge had no choice but to dismiss the case.
It also meant that the DNR didn't have to defend the legality
and constitutionality of its ISO. Nor did it have to clarify its
definition of what a "feral" pig really is.
And, last but certainly not least, it means the DNR does not
run the risk of having to compensate farmers, including the
Bakers, who suffered massive losses due to these seriously
flawed guidelines. As stated by Pete Kennedy, President of the
Farm-to-Consumer Legal Defense Fund:5
"For two years, DNR has said the Bakers' pigs are
illegal, then two weeks before trial, they say the pigs are
okay. Why didn't the state take this position two years ago?
The state should compensate the Bakers for the losses it has
caused the farm."
The Farm-to-Consumer Legal Defense Fund also noted that:
"Before the ISO went into effect, the farm's
Mangalitsa pork was highly prized by local chefs and
consumers. After the order, Baker lost access to USDA
facilities to process his pork. The ISO not only cost Baker
his pork sales to restaurants, but other farm products as
well.
Baker's case has already made an impact beyond
Michigan. In January the Indiana Board of Animal Health
amended a regulation on wild hogs that partly based their
legality on physical characteristics to clarify that the
regulation did not apply to hogs raised on a farm."
Government Run Amok – Where Will It End?
In the end, while the Bakers won the right to raise hybrid
swine, curly tails and all, this case is a perfect example of
government run amok, trampling on constitutional rights just to
protect Big Business.
Here, the DNR patiently waited, bleeding this small family-run
farm dry before pulling an abrupt about-face to avoid losing
what they knew would be a significant court battle that would
free small farmers from a tyrannical law that unjustly targets
small farmers of high quality heritage breeds.
As it stands, there's no guarantee that the DNR will not
target other pig farmers over this issue... As stated by Harold
Martin, the Michigan assistant attorney general:" I am not
saying we won't apply the ISO. I am saying the ISO doesn't apply
in this situation."6
The Bakers are not through, however.
"Now is the time to hold our leaders of the State of
Michigan responsible for their actions," Baker writes.
"From the DNR to the Attorney General's office to the
Governor's office, we have been let down time and time
again. The elected officials and bureaucrats that are not
representing the Constitution of the people must be
replaced."
As discussed in the featured video, Baker is producing a
documentary about his case. You can pre-order a DVD copy on his
website,7
which will help him finalize the film, and fund his ongoing work
toward preserving constitutional rights in Michigan.
Oregon 'Raw Milk Gag Law' Challenged in Recent Lawsuit
Another case that demonstrates just how crazy the status quo
can get is Oregon's anti-advertising laws for raw milk
producers. The sale of raw milk has been and currently
is legal in Oregon, but advertising the fact that you
have raw milk to sell was not... Until 7th generation
dairy farmer Christine Anderson8
sued Oregon's Department of Agriculture for First Amendment
violations that is. As reported by Alliance for Natural Health:9
"For years... Anderson was legally forbidden from
advertising her milk—she couldn't post flyers in local
stores, advertise via email or on her own website, or even
display a roadside sign reading, 'Raw Milk for Sale!' If she
did, she'd be subject to $6,250 in fines, up to $10,000 in
civil penalties, and even a year in jail.
How could advertising a perfectly legal product be
illegal, and why didn't the state government want Oregonians
drinking raw milk? Could it have something to do with the
Dairy Farmers of Oregon, an anti-raw milk industry group
whose explicit mission is to 'build demand' for conventional
dairy? Or is it the Dairy PAC, which donates thousands of
dollars to state representatives?"
This nonsensical law also banned consumer access to
information about how a farm produces its milk, thereby
preventing you from being able to compare it to other sources of
milk. It's worth noting that there's no reasonable justification
for any of this. Research by Dr. Ted Beals, MD, featured in the
summer 2011 issue of Wise Traditions,10
the quarterly journal of the Weston A. Price Foundation, shows
you are about 35,000 times more likely to get sick from other
foods than you are from raw milk.
Shielding you from raw milk advertisements is not
protecting your best interests. If the US government really
wanted to protect your health, it would ban junk food
commercials and direct-to-consumer drug advertisements. Dr.
Beals' research, which is based on the US government's own data,
shows that between 1999 and 2010, there was an average of 42
cases of illness per year attributed to raw milk, and that
includes both "confirmed" and "presumed" cases. In his report,
Dr. Beals writes:
"From the perspective of a national public health
professional looking at an estimated total of 48 million
foodborne illnesses each year [from all foods]… there is no
rational justification to focus national attention on raw
milk, which may be associated with an average of 42
illnesses maximum among the more than nine million people
(about 0.0005 percent) who have chosen to drink milk in its
fresh unprocessed form.…Consumption of any food
has some risk of illness or adverse reaction. And the
consequence of basing public policy on horrific personal
experiences is that all foods will ultimately be banned, and
we will not be able to participate in any activity."
Oregon Dairy Farmers Now Allowed to Advertise Raw Milk Products
Fortunately, three months after filing suit with the help of
Institute for Justice, which provides pro bono legal
representation in cases such as these, the Department of
Agriculture agreed to end its enforcement of the state's ban on
the advertisement of raw milk. According to a February 13 press
release11
by the Institute for Justice, Department of Agriculture director
Katy Coba also agreed to ask the state legislature to repeal the
law.
"'I am so excited that the State of Oregon has agreed
that farmers like me should be able to advertise their legal
products,' Christine said upon learning of the settlement.
'It will be such a relief to be able to carry on my business
without feeling like I have to be looking over my shoulder
for telling people about our farm and what I do.'"
Both of these cases demonstrate what those of us who want
access to wholesome food are up against—unconstitutional
shenanigans of the highest order! It's time for dissention, and
to support each other, farmers and consumers alike, across state
lines. Each and every case of infringement on your right to
access healthy food must be vigorously and swiftly addressed.
And the more voices that speak out against these kinds of
repressions, the better our chances of success.
Is Your Food Supporting or Harming Your Health?
Virtually all of the meat and poultry (beef, pork, chicken,
turkey, etc.) found in your local grocery store comes from
animals raised in so-called
confined animal feeding operations (CAFOs). If it wasn't
raised in a factory farm, it will typically bear a clear label
stating it's "grass-fed" or "USDA 100% organic."
Large-scale factory farming is the cheapest way to raise
meat, thereby allowing for the largest profits. But the ultimate
price is high, as there's a complete disregard for human health,
the environment, and the ethical treatment of animals.
Far from being what most people would consider "a farm,"
these massive operations are more like industrial warehouses,
stocked to the hilt with animals that are quite literally
crammed together. Due to the overcrowded, unhygienic conditions
in these livestock factories, most of the animals end up getting
sick. And whether they're ill or not, they're still routinely
given antibiotics and artificial hormones to promote growth.
The natural diet of a cow is plain grass, but CAFO-raised
cows are fed pesticide-laden grains and other byproducts
instead. Not only does this upset their digestive systems and
alter the nutritional makeup of their meat, all of the feed
additives also get transferred to you when you eat that meat.
The routine use of antibiotics in particular has led to the
rapid rise of
antibiotic-resistant superbugs that now threaten human life.
The factory farm model also directly contributes to
Americans' increasing reliance on processed
junk foods, which in turn drives the rise in
obesity and chronic
disease. For the past several decades, the focus has been on
creating ever-cheaper foods. Well, you cannot achieve top
quality and rock-bottom prices at the same time. Something has
to give, and quality nutrition definitely fell by the wayside as
technology overtook the food and agricultural industry.
If You Want to Optimize Your Health, Bucking the System May Be
Required...
The problem is, the food industry knows it cannot compete
with wholesome organic foods, raw milk, artisan cheeses, and
delicatessen like the Bakers' swine. Since they cannot compete,
the next best thing, from their perspective, is to simply
eliminate the competition. By limiting or eliminating your
access to alternatives, you have no choice but to become a
consumer of CAFO goods.
I believe the movement toward sustainable food and ethical
meat is an extremely positive one and, in the big scheme of
things, is absolutely critical for optimal health, and for the
protection of our environment. When it comes to meat, be it
beef, pork, or poultry, the only type I recommend
eating is meat that has been humanely raised according to
organic principles.
By purchasing your meat from smaller farms, you're promoting
their proliferation, and the return to saner, healthier ways of
eating. In the end, that will benefit everyone in your
community, including the animals. (The organic industry also
tends to favor far more humane butchering practices, which is
another important part of "ethical meat.") The following
organizations can help you locate farm-fresh foods in your local
area that has been raised in a sustainable manner:
Local Harvest -- This Web site will
help you find farmers' markets, family farms, and other
sources of sustainably grown food in your area where you can
buy produce, grass-fed meats, and many other goodies.
Eat Well Guide: Wholesome Food from Healthy Animals
-- The Eat Well Guide is a free online directory of
sustainably raised meat, poultry, dairy, and eggs from
farms, stores, restaurants, inns, and hotels, and online
outlets in the United States and Canada.
FoodRoutes -- The FoodRoutes "Find Good
Food" map can help you connect with local farmers to find
the freshest, tastiest food possible. On their interactive
map, you can find a listing for local farmers, CSAs, and
markets near you.
Copyright 1997- 2014 Dr. Joseph Mercola. All Rights Reserved.