Mark Nolt’s Run-In with the PDA Triggers a Larger Law: That of Unintended Consequences…Now a Monday Court Date Looms Larger
Thursday, May 1, 2008 at 11:30AM 
I’ve been harping on the likelyabuse of Mark Nolt’s rights via execution of a search warrant at his Pennsylvania dairy last Friday when he was hauled off to court—the theft of a book, and other equipment possibly unrelated to the search warrant. I’ll come back to that in a bit.
But lurking in the background is another issue I have refrained from writing about. It’s one that’s come up repeatedly for me in speaking with producers of raw milk around the country: the black market in raw milk. Now that the New York Daily News is writing about it, I feel more comfortable discussing it. Indeed, I expect the subject to attract even more widespread attention very shortly from at least one other major media publication.
It seems that a good chunk of Mark Nolt’s raw dairy products have been winding up in Brooklyn. Now those customers are in a tizzy--one won't be able to make her cream puffs--because Mark’s production has been interrupted.
I would venture that the market in unregulated raw milk is possibly as large as that in regulated distribution and sales. I’ve heard it spoken about or seen it at work in states around the country—Florida, Massachusetts, Michigan, California, Washington, and, of course, possibly the largest outlet for black market raw milk products: the New York metropolitan area. A number of individuals commenting on this blog have referred to it as well, usually in hushed or clipped tones.
I’ve refrained from writing about it because I haven’t wanted to get raw-milk dairies into more trouble than many of them already face. I know that state agriculture officials around the country read this blog—I’d like to think it’s because they want to educate themselves, but I know that it’s more often because they’re looking for intelligence in their monitoring of the hundreds of small dairies that brave the forces of repression to produce their milk.
I’ve always assumed that one day the story would come out, but I didn’t want to be the one that broke it, and thereby interfered with the marginal livelihoods of small dairies, as well as possibly launching a nation-wide crackdown on raw milk, and thereby interrupting the supplies that so many individuals depend on. But now that another publication, with a more distant view of the entire situation, has done it for me, well, it’s relieved at least some of the pressure I felt.
I also feel that once this black-market story begins to come out, it could act as a positive force. The larger mass of consumers than read this blog are more likely to be outraged by some upset in their personal lives than in the abridgment of the rights of one or another dairy farmer. Rightly or wrongly, that’s the reality of life in America today.
But if this ripple effect from Mark’s arrest Friday does lead to outrage, there is a near-term way to express it: come to his trial at 9:30 Monday morning. The courthouse is at 229 Mill St. in Mt. Holly Springs, which is about 18 miles southwest of Harrisburg.
Bob Hayles, the owner of a Georgia goat dairy, stated in his comment on my previous posting that he intends to drive up. He told me further yesterday that he’s going to be selling raw goat’s milk outside the courthouse, and would like to have lots of company from other raw milk producers doing the same thing. He also said he’s going to try to obtain an arrest warrant for Bill Chirdon, the PDA milk safety official who executed the search warrant on Mark Nolt’s dairy, for theft. It could be an interesting time.
Reader Comments (48)
For years I thought I was breaking the law by selling food directly to friends.I never took the time to read the section of the law in my state that allegedly makes this local free market illegal. Was it Yogi Berra that said "It's amazing what you can see ,when you look."?
I propose that we stop acting and talking as if this activity is illegal.The "laws" that the authorities are fooling us with only make this trade among friends illegal as long as we go along with their assertion of authority.All we need to do is say "show me the law".Then we need to examine whatever law they point to and read it,understand the legal definition of every word,and decide for ourselves what it really says.I assure you that it does not and cannot make a local free market subject to their regulations without the expressed or implied consent of those involved in that market.
The regulators only get their authority from the actual written law or from our passive acceptance of their assertion of authority.
Its long passed the time when we should have questioned their claims of authority.Their claims have expanded way beyond any actual written law.Remember,if they point to an "act" and refer to it as law,remind them that they need your consent in order for the "act" to have the force of law over you.
In the video that henwhisperer posted,Bill Chirdon repeats again that Mark has violated a law.He is misleading us.It is an ACT not a Law that pretends to "require" a permit.An ACT is only an offer that may be accepted voluntarily.Cherdon says that he will give back Mark's equiptment if he applies(read begs) for a permit.
Mr. Cherdon,you are clearly stepping beyond the authority that the law allows.You are violating your oath of office and are exposing yourself ,personally,to a claim for the damage you have caused.
http://sites.state.pa.us/PA_Constitution.html
CONSTITUTION
OF THE
COMMONWEALTH OF PENNSYLVANIA
WE, the people of the Commonwealth of Pennsylvania, grateful to Almighty God for the blessings of civil and religious liberty, and humbly invoking His guidance, do ordain and establish this Constitution.
Article 1
DECLARATION OF RIGHTS
That the general, great and essential principles of liberty and free government may be recognized and unalterably established, WE DECLARE THAT -
Inherent Rights of Mankind
Section 1.
All men are born equally free and independent, and have certain inherent and indefeasible rights, among which are those of enjoying and defending life and liberty, of acquiring, possessing and protecting property and reputation, and of pursuing their own happiness.
Political Powers
Section 2.
All power is inherent in the people, and all free governments are founded on their authority and instituted for their peace, safety and happiness. For the advancement of these ends they have at all times an inalienable and indefeasible right to alter, reform or abolish their government in such manner as they may think proper.
" Section 2.
All power is inherent in the people, and all free governments are founded on their authority and instituted for their peace, safety and happiness."
How can anyone be required to beg permission from an agent of the government in order to take part in any common everyday activity among themselves?
Those that share the wealth have created a "white market"...and whether above board or below, the key is that the health giving properties of raw milk are being spread far and wide.
This 'white market' is bigger and stronger than anyone can imagine.
Black markets are for crooks...white markets are for heroes.
http://www.time.com/time/magazine/article/0,9171,1736713,00.html
Raw milk is the ONLY food to be made illegal.
On our way to PA!
That's all...no heroes.
Bob Hayles
There are plenty of heroes out here. Undaunted by governmental persecution, willing to take the risk and sacrifice their well being so their customers may be healed….sounds heroic to me. Bold action doesn’t need to be loud and in your face (although when it is, it can’t be missed). It’s courage that makes a hero….not a cape (or an audience).
Personally, I think you need to quit with the simple farmer crap. It plays into the society view that all farmers are dumb hicks who till the earth because they don’t have the smarts to do anything else. It’s pervasive enough without having those who choose to farm supporting it. Farming, the natural way, is a high calling, and those that do it should be lauded not simpletoned. Sure, it’s easier for ‘country folk’ to farm, and yes one must question the intelligence of marrying a herd for two times 365, but many raw milk farmers I know are taking agriculture, and health, to new heights. It’s not a job for Clem, Jim Bob or Cleetus. Perpetuation of that stereotype is counterproductive.
Heroes do a great job of putting their fear in a proper place. Kind of like what you’ll need to do next Monday on those courthouse steps. (and please spare us all the “I ‘aint skeered’ stuff….choosing to break law isn’t revolutionary….flaunting it in public, and rubbing the authorities faces in it, is a different story…)
Courageous action is not the mark of a common man (or woman).
Your description of Bob...."Personally, I think you need to quit with the simple farmer crap. It plays into the society view that all farmers are dumb hicks who till the earth because they don’t have the smarts to do anything else."
...is counter-productive. The only common ground discovered here is that small farmers might be capable and willing to provide high quality and safe locally produced foods almost independent of government (thereby setting them apart from big "agri").
Otherwise, Darth must agree completely with this: "Raw milk..should not be consumed by anyone" Link to full article:
http://www.campylobacterblog.com/2008/05/articles/campylobacter-watch/raw-milkshould-not-be-consumed-by-anyone-at-anytime-for-any-reason/
C2
As for me give me my PURE RAW MILK or put me in the same jail cell with Mark Nolt but I would not last long because I will reject the toxic foodless foods our jailer would provide so at 71 years old which would kill me first the jail food or fasting.
Friends this is not about food safety this is about freedom and liberty and maybe our last chance to save it. Our CONSTITUTION is on life support they intend to pull the plug.
Think I am a silly fearful old fool? I truly hope that is the case.
Do a Google search read about The North American Union, SPP, Amero, Federal Reserve who owns this central bank,Cali. judge tosses out home schooling now the students will attend schools with COED restrooms and locker rooms and on and on.
Give me my WHITELIGHTNING or put me in jaied with Mark or maybe Bob. Come visit us once a month but dont bring us any toxic pasturized stuff call milk besause thats all you and your children will have left.
"Silence is the death of liberty"
I wont be not silent until I [we] lose the freedom of speech where do you stand?
Don
First, there is a small change in my plans for Monday.
It has been pointed out to me that if I bring raw goat's milk to PA from GA to sell it, I will be giving Chirdon and the PDA an "out", in that they will be able to dump me on the FDA for violating laws regulating raw milk in interstate commerce, and this battle needs to be confined to the PDA for now.
So, I won't be bringing raw milk from my farm.
My next thought was to stop at a PA farm and buy some raw milk and sell it by the cup Monday, but then I realized that would not fit with what we want, the right to engage in direct producer to consumer commerce, as I would not be the producer, but a middleman.
I finally came up with a way to sell milk without violating FDA rules or being a middleman, but I need you folk's help.
I need to buy or lease a goat for a day in PA.
I will milk that goat in front of the courthouse, and I will then sell that raw milk by the cup...and make absolutely sure that the PDA knows I am selling raw milk without their precious permit.
Now, you folks that read this in PA...find me a healthy dairy goat I can lease for a day. I'm bringing my milk pail, filter, cooler, and cups, but I have no idea where to find a goat, so someone please let me know of a farmer I can lease one from.
Next, I want to address milkfarmer's contention that "simple farmer" serves to confirm a hick, rube steriotype.
No, milkfarmer, it doesn't, at least not to people whose opinion I value.
As examples, not that I would compare myself to these people, Ghandi wasa simple man, Mother Teresa was a simple woman, and Jeses himsilf was a simple man. Simple does not equate to simpleton, and for those who are such simpletons that they believe it does...well, they are not on the list of folks whose opinion of me I care about.
Lastly, there is the last part of Darth's post:
"Otherwise, Darth must agree completely with this: "Raw milk..should not be consumed by anyone" Link to full article:
http://www.campylobacterblog.com/2008/05/articles/campylobacter-watch/ra
A copy of the linked article, in part, says, "
Some official comments in news are worth nothing. Stephen J. Hedges writing in last Friday's Chicago Tribune quotes John Sheehan, director of the U.S. Food & Drug Administration's Office of Plant and Dairy Foods on raw milk.
Here's what he said: "Raw milk is inherently dangerous, and it should not be consumed by anyone at any time for any reason. There is absolutely nothing to the claims that it is magical, mystical elixir that cures all."
The Tribune went on to report this: "Health officials argue that raw milk can carry dangerous pathogens, such as E. coli, listeria, salmonella and campylobacter--bugs that are killed by pasteurization." Go to the rest of the story by clicking on this headline: "Raw milk trend concerns many: some love it, but safety isn't certain." "
Darth, I cannot believe that you, a woman of science, would use an article written by someone with an agenda, as "evidence", or that you would ignore the obvious agenda promoting in the article.
""Health officials argue that raw milk can carry dangerous pathogens, such as E. coli, listeria, salmonella and campylobacter--bugs that are killed by pasteurization."
Let's take just one disease warned against...listeria.
According to the CDC, the last listeria death in the US involving raw milk was in the early 70's, but listeria in pastuerized milk killed three people in one outbreak in Mass LAST YEAR.
What does that say we need to be protected from?
I also had to laugh atthe pastline, ""Raw milk trend concerns many: some love it, but safety isn't certain."
Exactly what IS certain, besides death and taxes? Please...name me ONE food on the nanny state's approved food list that is CERTAIN to be safe...just one.
Deli meat? Hotdogs? Sushi? How about pastuerized milk...is it CERTAIN to be safe?
It's about rights Darth...constitutionally protected rights.
Bob Hayles
What does everyone think about this? I feel suspiciously hopeful...
http://public.leginfo.state.ny.us/menugetf.cgi
Last year the Hawthorne Valley Farm in Ghent, N.Y., offered a buyers’ club program to its raw milk customers in the hopes of giving a bigger boost to a steadily growing market. It was designed to encourage those customers in New York and beyond to order in bulk but send only one representative a week to pick up the order.
When the New York State Department Public Interestand Markets caught wind of it, however, it asked Hawthorne to end the program and the farm complied. Still, Abe Madey, the farm’s dairy manager and cheesemaker, says business is steady. About 100 regular customers, many of whom drive two hours from New York City, purchase up to 7,500 gallons annually of raw milk worth about $45,000 to the farm, he said.
The milk club that Mr. Milgrom-Elcott belongs to, and others like it, is far more problematic, according to Jessica A. Chittenden, a spokeswoman for the Agriculture and Markets department. She says the 41 milk inspectors charged with the monthly testing of New York’s 5,000 dairy farms had not yet turned their attention to the clandestine dropoffs.
“It is under review,” said Ms. Chittenden, adding that the department cited five of the raw milk permit holders for violations in the past year. “Our utmost concern is for public health. We are trying to insure that the safest products are out there.”
Loud, public, in your face, responses to injustice can be effective. It’s debatable whether they are moreso than quiet and covert efforts to right the wrong. Usually it takes a combination of both. Yes Mr Hale got all the pub, but if it weren’t for the thousands, unnamed in the textbooks, who supported his position and were willing to fight, he would have surely been hanged. All revolutions need their ‘stars’, but rarely are they enough alone to initiate meaningful change. The head can think it, but if the body doesn’t act, it’s just a thought, and verbalization without action, is just words.
Guess Ghandi and Mo T never did anything bold. Complex individuals do not have a monopoly on heroic acts. Good luck milking that goat Monday Bob, I hope the exposure helps.
The opinion that everyone has an fundamental right to choose to drink it raw is the only one that really matters.
"Yes Mr Hale got all the pub, but if it weren’t for the thousands, unnamed in the textbooks, who supported his position and were willing to fight, he would have surely been hanged."
Nathan Hale WAS hanged, on September 22, 1776, at the age of 21, immediately before the Battle of Long Island.
Also, I didn't say that Ghandi and Mo T did simple things. I said they were simple people. Quite often simple people do great things.
Bob Hayles
In order to remove the economic stronghold that industrial England had over India (Indian-grown cotton fiber was processed and woven in English mills then sold back to Indians by English companies - sound familiar?), he encouraged Indians to stop buying English processed cotton cloth, and instead, for everyone, rich and poor alike, to take up spinning Indian cotton fiber into threads (with small charkha spinning wheels in a box) and reviving home cloth weaving. He promoted the wearing of simple, functional clothes with the Indian-created cloth instead of English industrial clothing. With economic independence, political independence can follow.
I think there are interesting parallels to today's situation, not just with food, but with many global commodities.