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Tuesday
30Oct

NY Dairy Farmer Turns the Tables When the Ag Inspectors Arrive for a Mystery Visit

bigstockphoto_No_Camera_237616.jpgOver the last two weeks, Andrea Elliott has been writing emails to farm associations, her Congressman, and members of the U.S. House and Senate agriculture committees—all urging that the upcoming farm bill not include funding for the National Animal Identification System (NAIS). She and her husband, Jim, own a dairy farm in the Catskill Mountains of New York, and she made it plain in her notes that she is adamantly opposed to registering the farm’s 80 cows under the federal program.

 

Yesterday (Monday) she received a call from an inspector with the New York Department of Food and Markets in Albany that he planned to come by the farm for a special inspection, based on “a complaint” made to the department’s Division of Milk Control and Dairy Services.

 

Andrea couldn’t imagine who might have complained, and what the complaint might have been about. Her farm, Crystal Brook Farms, sells nearly all its milk to a local creamery for pasteurization. She sells a few gallons of raw milk occasionally to individuals who stop in with their own containers, under New York rules that allow sale of 25 gallons a month without a permit.

 

Today (Tuesday), the inspector, Bradley Lyle Houck, arrived from Albany, two hours away, together with her regular local dairy inspector, and Andrea was prepared. As soon as they arrived, “I turned on my video camera. I think that made them a little uncomfortable.”

 

Then, she says, “I asked the state inspector to fill out my form.” Her form is a three-page “public service questionnaire” that asks for the inspector’s identity, his principal reason for doing the inspection, how the information he gathers will be used, and other such data.

 

“He shook his head and refused,” says Andrea. “He said, ‘I have to be authorized by Albany.’” He tried to make a call on his cell phone, but couldn’t complete the call because the farm area has no cell reception.

 

Andrea persisted. “I said, This is our property and I can require you to fill it out.'” He offered his state ID and badge.

 

Andrea moved on. “I asked him why he was here and he said a complaint was received in Albany.”

 

What was the complaint? “He said he couldn’t tell me.”

 

Who filed the complaint? “He wouldn’t tell me. He just wouldn’t go any further. He said all complaints that come into Albany are treated as confidential.”

 

“I asked him what statute allows a complaint to be treated as confidential. He said he couldn’t quote a statute.”

 

At that point, the inspector asked if they could talk off-camera. Andrea declined.

 

“He said, ‘I guess the best thing would be for us to come back another time.” The two got back into their car and took off.

 

Andrea adds, “At no time did I deny him the inspection. I didn’t ask him to leave. All I did was ask him for specific reasons for the inspection…I have a right to know who my accuser is.”

 

Andrea seems to have added an entirely new dimension to the agricultural inspection. Especially one with such an intriguing coincidence connecting it to NAIS.

 

Reader Comments (25)

Freedom-lovers across the country need to get together to define and create this form for us all to use. Screw Big Stupid Government, and hoorah for Andrea!

Psst, Andrea - please post your form for us to use as a starting point.
October 30, 2007 | Unregistered CommenterVince
Good for her.
October 31, 2007 | Unregistered Commenterpeaches1
If I were Andrea I'd make multiple copies of the tape as well as uploading it to various servers, and hide the original off the premises. That way if they come back with storm troopers she has proof she didn't deny them inspection.
October 31, 2007 | Unregistered Commenterlodown
LOL
Good for her to not let herself be bullied!
October 31, 2007 | Unregistered Commentermaria
You can easily find this form by going to www.ask.com and searching "public servant questionnaire". There are sites where you can print out the form and/or also print the provisions of the Act itself and how to properly make use of it.
October 31, 2007 | Unregistered CommenterGloria
YES! YES!! YES!!!! Wonderfully inspiring and encouraging!

Thank you so much for writing this.
October 31, 2007 | Unregistered CommenterJenny @ Sagehill
All of you NY folks need to rally around Andrea and her effort to form a New York Independent Consumers and Farmers Association. Her courage is what it takes to turn the tide here, and having a supportive organzation makes a difference. We will be putting a copy of her tape on the NICFA website as soon as it is available.
October 31, 2007 | Unregistered CommenterKathryn Russell
Well done, Andrea.
October 31, 2007 | Unregistered CommenterSteve Bemis
Andrea, you are a GREAT AMERICAN...

As for that Video ... YOUTUBE!!
October 31, 2007 | Unregistered CommenterGeorge Wilhelm
That was great idea! I did a little searching and found this site that has a PDF of the Public Servants Questionnaire:

Website address:
http://www.esnips.com/doc/4d72ece5-8c3d-4455-b338-b71db2a95d04/Public-Servant-Questionnaire,-adapted-by-Bob-Hurt

Direct download link:
http://www.esnips.com/nsdoc/4d72ece5-8c3d-4455-b338-b71db2a95d04
October 31, 2007 | Unregistered CommenterMichael Richard
Shine a light on these agencies as Andrea did with the video camera, and wonderful things can happen. Agency minions are typical bullies--only comfortable when acting in the dark against a weaker opponent (in other words, acting without scrutiny against someone ignorant of his rights).

Light is a great sanitizer, as Andrea is proving.
October 31, 2007 | Unregistered CommenterDave Milano
It's hardly a stretch to equate bureaucrats with cowards but this is a great example of same. Public servants afraid of public exposure? Hmmmmmmm.......
October 31, 2007 | Unregistered CommenterPatchy
That is quite a story. Things are getting pretty scary.
October 31, 2007 | Unregistered Commenterthreecollie
While I agree with Kathryn, please lets not forget to join the Farm to Consumer Legal Defense Fund. For more information go to www.ftcldf.org. I know for a fact that many farmers do not handle inspectors the way Andrea did out of fear. This fear dissapates knowing there will be help available when needed. PLEASE, join TODAY!
October 31, 2007 | Unregistered Commentereducated consumer
Quote: “He said, ‘I guess the best thing would be for us to come back another time.” The two got back into their car and took off. Unquote

Be prepared for when he comes back. Beware! He will. With armed men.
October 31, 2007 | Unregistered CommenterRightwing Freedom Lover
Thanks - this is very timely for me. I'll be watching for follow ups to this article, as I'm in a somewhat similar situation. I'd come up with the video aspect, but thanks for the public servant's questionnaire.
November 1, 2007 | Unregistered CommenterSparklesperson
Right on, Andrea! And I agree with George...YouTube it for sure! I'll link to it on my blog!
November 1, 2007 | Unregistered CommenterMaggie
You took the words out of my mouth - I was just going to say I hope they put the video on youtube. That may put an end to the NAIS!!!
November 1, 2007 | Unregistered CommenterS.A.M.
Way to go Andrea! We Americans need to stand up and fight and not let the bureacracy dictate their nonsense. They are supposed to be representing us, serving our needs, not the other way around. Power in the hands of a few is dangerous. (like NY's "esteemed" Gov. Spitzer who thinks it's dandy to pass out driver's licenses to illegal aliens)
The key is to be educated on this NAIS matter so you've got the ammo to combat the authorities.
November 2, 2007 | Unregistered CommenterLynn
That was excellant and informative. Government agents weild power they do not have in all walks of our lives, not just the farming industry.

An example would be in the construction industry.My husband once had county building inspector insist that his crew cut a hole in the flooring of a house remodel so he would not have to crawl in the crawl space under the house to do an inspection of which was his job. He implied ever increasingly nit picking and shuting down the job as he had been doing for months. If only my husband had video taped him. The inspector caused the job to extend to nearly a year instead of two months. There was never a justifiable cause for delay other than "He would get back to them on that subject, or "he needed to check the the regulations"
November 2, 2007 | Unregistered CommenterJudy Morton
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