Fighting Back in WI: FTCLDF Files Suit to Prevent DATCP from Taking Action Against Kay and Wayne Craig; Update on Meadowsweet Dairy; Nice Review
Friday, December 18, 2009 at 09:35AM 
Wayne and Kay Craig, and family, at last month's Weston A. Price Foundation conference. The on-again-off-again enforcement activities by Wisconsin regulators against distributors of raw milk over the last four years have left at least two dairy farmers facing “a Hobson’s choice,” in the words of the Farm-to-Consumer Legal Defense Fund.
The legal defense organization invokes that phrase in a new suit filed in state court against the Wisconsin Department of Agriculture, Trade, and Consumer Protection (DATCP), on behalf of Kay and Wayne Craig, owners of a dairy farm and store in New Holstein, WI.
The suit asks the court to force DATCP to allow the Craigs to distribute raw milk from their store (open only to members of a limited liability company), without need for a retail license. The suit also seeks an injunction against DATCP to prevent it from enforcing its expanding ban on raw milk distribution against the Craigs. A court victory would strike a huge blow against DATCP’s tough campaign launched earlier this year against raw dairy producers in the state, following several years of allowing a few producers permission to distribute, and turning a blind eye to dozens and possibly hundreds of farmers selling raw milk directly to consumers.
According to FTCLDF lawyer, Gary Cox, “The suit seeks declarations that nobody is selling raw milk in violation of the law, and that the LLC store does not need to possess a ‘retail food establishment’ permit in order to operate. “
The FTCLDF essentially argues that the state since 2005 has been entirely inconsistent in its approach to allowing the dairy and store to sell raw milk—first explicitly allowing sales by the Craigs and then this year, reversing itself and refusing to renew the store's retail licence. Now, in threatening to prohibit raw milk distribution, DATCP gives the Craigs “a Hobson’s choice, i.e., either comply with an unlawful interpretation of a statute or ignore the unlawful interpretation and face the possible consequences of noncompliance.”
Wayne Craig told me in November that he thought he was “next on DATCP’s list” for the lifting of his raw dairy license. This suit most immediately represents an effort to forestall such an effort for the Craigs, but if it’s successful, for possibly hundreds of Wisconsin dairies selling raw milk, now deemed to be in violation of state law.
Among those previously targeted have been Scott Trautman, a dairy farmer, and Max Kane, the owner of a buyers club, who has been ordered to appear in state court on Monday to explain why he shouldn’t divulge his customer list to DATCP. A number of protests are planned that day, including a courthouse rally prior to his appearance before a judge.
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Separately, oral arguments of the appeal in the case involving Barb and Steve Smith’s Meadowsweet Dairy in upstate New York is due to be heard Jan. 13 before the state’s supreme court Jan. 13. The case has been dragging on for nearly two years.
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These legal actions follow on the heels of the okay yesterday of raw milk in Framingham, MA, and a rescinding of potentially onerous rules in South Dakota, which I wrote about a few days ago in my posting about John Sheehan’s imaginary job performance review. Suddenly, it seems like lots of action on the raw milk legal and regulatory fronts.
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A very incisive review of The Raw Milk Revolution (admittedly, I’m biased) from the popular site, Treehugger. But I appreciate it when reviewers are pleasantly surprised, per this comment:
“I entered this book expecting a treatise whose pages would be turned only by a compelling curiosity on the issue of raw milk. Instead, I found 228 pages packed with interesting and personal stories, knit together by an overarching philosophical question: can individual choice survive when the agents of government raise their sights against a minority practicing their beliefs?”
Reader Comments (46)
They must survive, if they don't it would be complete control of the govt; which equates to slavery. Plant the seeds of knowledge and eyes will open along with more voices. When people see that something is going to affect them, they will speak out.
The following is a photo of a kid suffering the effects of a vacc...there are so many like it on the net. Not only kids, adults too. The dancer back east with dystonia, she'll not dance again...
http://www.naturemoms.com/blog/2009/02/05/motherhood-regrets-and-mistakes/
http://www.rense.com/general88/vacvic.htm
http://juicymaters.com/blog1/?p=369
http://www.nytimes.com/2009/12/17/us/17water.html
http://www.nytimes.com/2009/12/08/business/energy-environment/08water.html?_r=1&fta=y
http://www.webmd.com/brain/autism/news/20091218/autism-jumps-57percent-in-just-4-years
"Two decades ago we were looking at a prevalence of one in 5,000 children. Now we're looking at one in 100."
Will they investigate why there is such a drastic increase? Doubtful. Just give the kids more drugs...
After considerable back and forth with the chief counsel for the FDA...I have decided to simply bring an "empty" OPDC RAW MILK container from CA and fill it with Wisconsin raw milk. Makes a better story anyway.
Will someone in Wisconsin please bring some delicious fresh raw milk to me for the Rally. I want to make a toast to our hero Max Kane. It must be a gift or we all go to jail.
Mr. Jim Smith Associate Chief Counsel for the FDA tells our attorney in an Email today that if I bring raw milk from CA and "offer a toast to Max Kane" I will be in violation of CFR 1240.61 and subject to fines and prosecution. In my case $250,000 fine and a possible year in jail. Remember I settled with the FDA on " interstate pet food trafficing". I am such a horrible criminal and bad guy.
Read below.... his exact words copied from the email...:
On 12/18/09 1:17 PM, "Smith, James - OCC" <James.Smith@fda.hhs.gov> wrote:
"No person ... shall sell, otherwise distribute, or hold for sale or other distribution after shipment in interstate commerce any milk or milk product in final package form for direct human consumption unless the product has been pasteurized..."
He goes on to say....
Sale is not necessary; any delivery into interstate commerce for human consumption, or distributing after shipment in interstate commerce is prohibited by 21 CFR 1240.61. Leaving aside the TSA issues of carrying 2 gallons of liquid on board a passenger airline, if your client is carrying milk for his own personal consumption, FDA would not have interest in the matter. However, if your client distributed milk he brought from California to other people in Wisconsin (or any other location outside California) for their consumption, including "toasting" Mr. Kane, such distribution would violate the prohibition set forth in 21 CFR 1240.61.
Jim Smith, Associate Chief Counsel
US Food and Drug Administration
5600 Fishers Lane
Room 6-57
Rockville, MD 20857
office: 301.827.6917
cell: 202.510.4283
fax: 301.443.0739
james.smith@fda.hhs.gov
These are my words....
Those are his exact words. Maybe you should give him a piece of your mind....his email is right here. May I suggest that the piece of your mind include a well written testimony about how raw milk has dramatically improved your personal health. Be respectfull or he will not read it at all.
We must all understand that we must reach out to educate the FDA ( and others ) as best we can. They have families and many have IBS and Asthma, autism etc.... They are suffering the terrible effects of bone loss from cortico steroids and drug side effects just like so many other Americans that do not seek out and use whole food nutrition and raw milk to stay robustly healthy.
When in Wisconsin we need to realize that there will be plenty of FDA special agents standing among us. Our respectful education of them will be critical to the advancement of this universal human cause. Lets do everything we can to tell our stories of healing and reach out to them even though it may hurt. Turn the other cheek.
Max Kane has championed a cause and stood up as a pioneering man with dignity, passion and dedication. It is time to stand with him at his Wounded Gut. His life was saved by raw milk after his Crohns diagnosis. Other Americans need to know this. This is the highest and best use of the 1st Amendment. Do not let the FDA rob your 1st Amendment rights. If you do not use them you will lose them. 1st Amendment rights must be exercised or lost.
See you next Monday. Snow rain or shine.
Do not forget to bring some free raw milk for me. I want to hold up a toast to Max Kane and all the farmers and consumers that have reconnected to make America a better place from the raw grass roots up. The FDA dares not stand against the people at least in public.
They hate bad press.
This is a time to shine and educate. No bashing pastuerized milk. This is a time to be relevent, science based and educate others. This is a time to be Americans and fight to make things right. This is a time to rebel in masse. But do it peacefully and hugely. Bring your raw milk for a huge Max Kane toast. This is a photo op and we need to make this front page news everywhere.
How about hundreds of people raising up a glass or cup or half gallon or what ever they have holding raw milk....that is the story. The FDA nor can anyone else can stop us all from consuming our raw milk....we are Americans lets act like it and rise up...in this case our cups of raw milk.
Bring your video cameras....and your raw milk shirts and hats and raw milk containers.
We will know the FDA speical agents...they will be the ones that do not toast. Make sure you bring enough for them as well. everyone bring extra cups and share with your neigbors. The FDA special agents will need to toast with us or stand out like a sore thumb!! if they identify themselves...in this way, spend some extra special time educating them. Especially the moms and the doctors among us. Maybe they to will fall in love with raw milk and not experience lactose intolerance. Perhaps then they will question Sheehan and his strangely blind, biased, bent directives against raw milk.
How can a US state line change safety or rights. This is idiocy!!!! It does not!!!
This is unAmerican and a worthy fight. It is a fight against the Autism, diabetes, asthma, IBS and immune depression growth curves.
Mark McAfee
Love your spark, but a sledge hammer is perhaps the wrong tool in this issue? It's neve rblack and white - except when it comes to our rights.
We do need standards for production - the issue is WHO gets to define the standards, and the budget of gov't to regulate those standards. Citizens have the power to define their tax dollars; Citizens can control the budget. Can farmers self-regulate?
Love,
-Blair
Sure I would love to be nuanced. Who should I nuance. The guy that wants to put me into jail for feeding people.
The FDA refuses to meet, talk, recieve data or studies or do anything. It is a nutritional medical military blockade.
When the FDA changed the standards on Colostrum two years ago and mandated that all colostrum be pastuerized, that was done behind closed doors.....administratively. The FDA does not use Nuance. When I attended NCIMS last year to fight for peoples rights to access and drink raw milk, I used Nuance and was very polite and proper and professional. That got us little....except for a little press. They used a hammer on me and raw milk. I get hammered and I am supposed to be nuanced???
This is a fight....The only thing that the FDA undertstands is extreme pain applied by a mass up rising of people consuming raw milk with media support. This is the best advice I have ever heard. It works and it is proven in history. How and when that extreme pain is applied is nuance. Now is the time and Wisconsin is the place and we are the people to do it.
Love to you as well,
Mark
One more thing. It has now been identified that the FDA gets its mail right here at TCP.
What ever you say is digested and archived as a message to the bowel of the beast.
This is the court of public opinion. Do not bow to the FDA ever...
Yes farmers can self regulate. They do it very effectively in Colorado. Does a retail approved raw dairy product need regulation...yes probably.
I is like the FAA....ultralites get very little regulation....small private planes get a few more regs...and big public planes with 300 passengers that do not know or see their pilots need tons more regs.
But that is logic...the FDA does not use logic. It is a political machine with dogma following soldiers in "military uniforms" controlling our food for the benefit of corporations and drug companies and with out our input or transparency.
Nuance.....nuance is a hammer placed just in the right place, at the right time by the right people for the right purpose. Thats nuance.
Mark
Sometimes you listen to someone pontificate, bluster, and, ultimately, let others take the risks, usually in the tone, "Yeah, I'm behind you...WAAAAYYY behind you where it's safe...but I'm behind you."
Get 'em Max...I wish I could be there with you.
MM...just git.
Blaire...was that nuanced, or subtle, enough?
Bob Hayles
http://www.juicymaters.com
EVERY time you contact an elected official, remind them, "We don't work for you. You work for us."
Scott Trautman here -- fellow criminal raw milker, widow and orphan poisoner.
"Nuanced". Ha! An Evangelist does not know what that word means.
I heard the word 'evangelist' from Joel Salatin at the Grazing conference, Feb 2007. And as soon as he said that word -- that this is what he was -- I knew I was too.
My GOD, THINK of all the fantastic speakers - the Brave - the Proud.
We are on the edge of one major paradigm shift. People in charge of their health - instead of beholden to it. Some big big interests see some changing thinking - and we can't have that, things are going so awful darn well as it is....for them...
Come honor farmers everywhere! The battle is at Raw Milk now -- but the rest of you watch out - they are coming for you next.
Max Kane, Hero! I should be so brave.
MONDAY Dec 21-
I already warned David, I'm a hugger. May I declare a "It's okay for men to hug and to cry day" Monday. I know I've done a lot of both -- as we grow closer -- what an honor to be around such incredible people. I don't care who sees it, knows it. Tears of joy, tears of sorrow: emotional honesty. Turning point in my life Monday, for sure.
BE SURE and see Max's video, just posted on Youtube. Fantastic!
http://www.youtube.com/watch?v=0O2pZfiBJs0
PROUD dairyman from Wisconsin - Scott Trautman
See ya at the rally! Let's toast some milk! My treat!
Someone pass along my tag line to that POS food regulator..."We don't work for you. You work for US."
Bob Hayles
Perhaps the most damning part was when this Public Servant refused to state that he had sworn to uphold the Constitution nor would he admit that he even read his states Constitution. About a year ago I asked a commenter on this blog that appears to be a Public Servant if she/he had sworn to uphold the US Constitution as I have done but there was no answer forth coming. WHY what do they fear about it? Its only a _____ piece of paper a former high office holder was reported to have said. Do these folks [Public Servants] love and support the US Constitution and their state Constution or is that maybe an impediment to a possible unlawful agenda?
"Experience hath shewn, that even under the best forms [of government] those entrusted with power have in time and by SLOW OPERATIONS perverted it into tyranny." Thomas Jefferson Where are we today in Jeffersons time line?
"No, I don't have a permit. Bessy just needed milking..."
At the same time, it will be symbolic to watch Mark toast with someone else's milk in an OPDC bottle.
Amanda
The words spoken here are truely American. The actions on Monday are even more so.
Bring your raw milk and lets toast from coast to coast for Max...he is us. He is the action against the medical nutritional destruction machine. The action against the autism, diabetes, IBS and Asthma growth curves.
I am so proud of all of you. This is our time.
Mark
http://www.youtube.com/watch?v=fS43EIQQ7ak&feature=related
http://www.youtube.com/watch?v=oFgQnp9_IqE&feature=related
"One must realize what is going on and WAKE up to the FACT the American people are under attack. Not just by terrorist but by traitors and the very food INDUSTRY that we depend on for our food and SURVIVAL. We are being sold out." Rob Taylor
Very scary strong words from this writer is he correct or not?
Then if I bleed or fail,
Or strongly win what matters it?
God only doth prevail,
The servant craveth naught
Except to serve with might,
I was not told to win or lose-
My orders are to fight.
-Ethelwyn Wetherald
See you at the rally!
We are headed that way. The only question is have the events of the last year awakened us enough to get us going toward recovering the country the founding fathers intended it to be?
Bob Hayles
http://www.juicymaters.com
Remind every elected official you contact, "We don't work for you. You work for US."
Last year the average American used $6700 worth of medication.
In 2005, 81% of Americans took one medication per week and 27% of Americans took at least five medications per week. ( Sloan survey 2005 )
$28 bilion dollars of worth of Statin drugs were despensed and used in America last year.
The medical basis is discussed by the British Medical Journal ( June 2009 )for the rational use of Statins and states that there is a mortality improvement of .6% for those taking statins ( a reduction from 5.7% to 5.1% in the control group ).
The HALE study measured the improvement in mortality when people exercized ( had a healthy lifestyle ) and ate a mediterranean diet with whole foods. The mortality improvement was 50%.
Um....lets see.....point six percent ( thats .6 % ) thats about half of one percent drop in mortality for using $28 billion dollars of statins.
Oh...also add that statins also caused dramatic side effects including poor brain function, muscle use issues and neuropathies, and liver enzyme defects.
50% verse ..6%. .....if this does not start your engine....nothing will...you are brain dead and perhaps taking statins.
Some one at the FDA can not do math and some one at the FDA is taking payoffs.
The problem with all of this is this....we can not speak the medical truth of whole food for fear of the FDA jailing us. Our rights to speak out against drugs and speak in support of whole foods is the issue. Regulations have gone silly stupid and must be changed immediately.
We can not speak one word of medical truth in the same breath as a whole food. This is the problem. We must have the USDA seize regulatory control of the food we eat from the FDA. Food is not a drug and the FDA should not be anywhere near our food.
A Mediterranean whole food diet verses $28 billion dollars spent on statins!!!!!!??????
The Direct Farmer to Consumer reconnection is the National Health Care Plan and the National Economic Stimulous plan all in one zero cost raw grass roots package.....
See you on the court house steps..... please bring some raw milk.
Mark
Amanda, do you allude to outsourcing and using milk destined for pasteurization? As they say at USDA, "Know Your Farmer, Know Your Food." In general, that agency doesn't care where the food comes from, so long as the burger (or whatever else they regulate) makes money.