bigstockphoto_Alamo_In_San_Antonio_Texas_1287506.jpgThe struggle of Barbara and Steve Smith of Meadowsweet Farm against the New York Department of Agriculture and Markets is beginning to resemble the battle of the Alamo. Every few days, it seems, the ag lackeys mount another assault against the revolutionaries, stronger than the one preceding, and each time they are driven off.

 

But as with the battle of the Alamo, you know that eventually the side with the overwhelming force will win…unless the cavalry can arrive in time with reinforcements.

 

Here’s the situation: On Dec. 11, Meadowsweet and its limited liability company’s 121 owners filed suit against New York Department of Agriculture and Markets officials, seeking an end to department interference with and harassment of the LLC. On December 13, NY Ag and Markets fired back, filing a second complaint against Meadowsweet to “show cause” why it shouldn’t be shut down for selling raw dairy products without a permit. The complaint ignores the fact that Meadowsweet is organized as a limited liability company, with its shareholders/raw-milk consumers owning the cows.

 

As if to further subvert the LLC arrangement, the Dec. 13 complaint includes a “Report of Sampling and Analysis” showing inspectors made a “purchase” of Meadowsweet milk last July at a neighboring farm (and shareholder) Meadowsweet uses as a dropoff point for shareholders to pick up milk and other products. The document shows the milk was tested for pathogens and bacteria count. The document is curious, says Barbara, since the LLC doesn’t “sell” milk; she suggests that an ag inspector must have taken the milk, without authorization, or else be a member of the LLC.

 

Then, last week, ag inspectors arrived during the middle of a snowstorm with a warrant to oversee destruction of products seized from the first complaint filed in October…and by the way, wanted to get their little paws on more recent dairy products the Smiths had produced. But this time, the Smiths were prepared, and called the local sheriff, who encouraged the fellas to leave, since they didn’t have a warrant for the new trouble they wanted to create.

 

So yesterday, the inspectors showed up again. As Barbara describes it, “Today, December 19, the inspectors returned with an inspection warrant (since we had them removed by the police last week when they came without a warrant!). The new warrant says they have the right to ‘enter the premises on a continuing basis …  to quarantine food that is adulterated or misbranded … and to seize, destroy, or denature food or food products which are unfit or unsafe for use as food.’”

 

But the Smiths had taken some precautions in advance of this latest inspection. “We were one step ahead of them and had installed locks on the doors of our processing facility,” says Barbara.

 

That was fortunate, because there was something missing from the warrant: the authority to “use whatever force necessary” to gain access to the products, according to Gary Cox, the lawyer who is representing the Smiths as part of the Farm-to-Consumer Legal Defense Fund.

 

 When the Smiths called Gary and read the warrant language, he advised the Smiths “to walk away” from the inspectors. If they broke the locks and confiscated product, they couldn’t use it as evidence.

 

There was a big hullabaloo over this yesterday at Meadowsweet Farm, says Barbara. “They apparently called for reinforcements, as a state trooper appeared on the scene while we were talking to Gary. The trooper said they did have the right to use force, but Gary insisted that the law is very clear on this and they do not…After the inspectors and the trooper spent about an hour consulting with each other and after many calls to Albany for marching orders, the inspectors gave it up for the second time in a week and headed home without their coveted inspection!! AWWWW!”  It sure helps to have good legal advice.

 

I tried twice today to reach officials at the New York Department of Agriculture and Markets to get their side to this bizarre story. A spokesperson called me back early this afternoon, after my second call, and asked if she could telephone me in a couple hours, when she was back in her office and had her notes. But I never heard further from her.

 

It’s clear that NY Ag and Markets could go back to a judge for a new warrant, authorizing force. Whether they will is another question.

 

Gary Cox says he has had some discussions with officials at the department over the last few weeks, and hopes he can get a productive dialogue going. But it seems clear that the Smiths have the bureaucrats in a dither with their limited liability company approach for distributing raw milk.

 

Are the ag people perhaps a little worried that the Smiths will set a precedent for other dairy farmers seeking to serve the huge New York raw-milk market—out of the reach of ag restrictions on raw-milk yogurt, butter, and other such products? Maybe then we wouldn’t need so many ag bureaucrats harassing raw milk dairies.

 

Barbara remains upbeat for the present, but very worried about the future “This whole experience is making me SOOOO grateful for our civil liberties and SOOO nervous that we, and especially our children, may not have them in the future!” Yes, I’d say the National Animal Identification System (NAIS) is moving toward formalizing the end of many of those liberties.

 

One other thing worth noting: the battle for the Alamo was fought against soldiers of another country. This battle is being fought against soldiers of our own country.