It’s difficult not to notice that the pace of state and federal actions against raw milk producers and distributors is intensifying, not only in quantity, but in terms of the charges being sought.

The feds began the current spree with the suit against Amish farmer Dan Allgyer last April, seeking a permanent injunction from him shipping milk outside Pennsylvania. The Rawesome Three, busted last August on felony charges, includes James Stewart, one of the longest standing distributors of raw milk in the country, going back to 2001. Earlier this month, we saw the Wisconsin authorities sabre rattle to resurrect their bully game with dairy farmer Vernon Hershberger. Now we learn that a federal grand jury, at the behest of the U.S. Food and Drug Administration, is investigating veteran Amish dairy farmer David Hochstetler of Indiana and farmer/food club overseer Richard Hebron of Michigan, once again with the threat of felony criminal charges.

Aajonus VonderplanitzIf there’s one theme common in all these actions it is that they have a connection to food rights and raw food advocate Aajonus Vonderplanitz. Allgyer was part of Vonderplanitz’s Right to Choose Healthy Food at the time the feds moved against him last April. (He has since split off from that organization.) Voncerplanitz was a co-founder of Rawesome Food Club, even if he did have a falling out with James Stewart a year or so before the felony charges were made against the Rawesome Three. Both Vernon Hershberger and David Hochstetler are part of the Right to Choose Healthy Food network.

The near taunting of Vonderplanitz by the assistant U.S. attorney, Ross Goldstein, in his note to Vonderplanitz (quoted in my previous post)speaks to the disdain with which the authorities view him personally and, more significant, his Right to Choose Health Food network of private clubs.

While the authorities mostly avoided dealing with the food clubs for a number of years. now that’s changing. Thanks to state court decisions in New York and Wisconsin, giving regulators nearly absolute authority over even private food clubs distributing raw dairy, reticence about confronting private clubs appears to be dissipating. The authorities seem intent on wreaking havoc on Vonderplanitz’s Right to Choose Healthy Food network of buying clubs around the country, to set an example for operators of those clubs, as well as others.

Like food clubs everywhere, his network has experienced significant growth over the last five years, involving some thousands of individuals in dozens of clubs around the country. In its request for information from farmers Hochstetler and Hebron, the Michigan grand jury  included this: “Any and all documents relating to, or reflecting communications with, Right to Choose Health Foods or Aajonus Vonderplanitz…”

I believe this battle, over the rights of individuals to acquire food privately, will be the big battle arena upcoming. While some who comment on this blog seem to feel that’s a lost cause, that we somehow gave up the right to organize privately simply by becoming citizens, or whatever, the fact of the matter is that the U.S. has a long history of permissiveness toward private organizations, so long as they are truly private, and operating outside the public realm. And that will likely be the challenge for the Farm-to-Consumer Legal Defense Fund, Right to Choose Healthy Food, and others–to define the opportunities and limitations for private food clubs and herdshares.

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Certainly one thing that seems clear in the growing intensity of official activity over raw milk is that the federal and state authorities remain focused on farmers and distributors…even as raw milk consumers turn up the heat of protest against the interstate ban.

On December 8, the Raw Milk Freedom Riders will be openly violating the federal prohibition on raw milk shipments across state lines, with five mothers transporting milk from Wisconsin to Illinois, to pass out to friends and neighbors at a rally in Chicago.

Activist Max Kane left a phone message with John Sheehan, the U.S. Food and Drug Administration’s dairy chief, about the upcoming raid, which you can watch here.

And there are rumblings that the feds may have more to worry about than angry moms…in the form of gun-toting sheriffs ever more protective of their local turf against invading federal regulators.

A number of raw dairy farmers are getting to know their local sheriffs, who themselves are organizing to get the word out that states and localities need to assert their rights…via a group known as the County Sheriff Project. Some communities are organizing to raise the $1,000 necessary to send their own local sheriff to a national convention of sheriffs Jan. 30 in Las Vegas. (See also if your sheriff is on the board of directors, listed at the bottom of the organization’s page I have linked to.)

The organization is committed to “state sovereignty and each county acting in accordance with the principles established in the 10th Amendment. It’s you working with your county sheriff and locally elected officials to stand up for the Bill of Rights and to stand against the out of control federal government and it agencies.” (The 10th Amendment to the U.S. Constitution reserves to states the powers not granted to the federal government, or prohibited to the states.)

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It’s not too often you read about a judge imposing sentence on a convicted defendant expressing both respect for the defendant and regret about imposing the sentence. That was the situation in Toronto Friday when a judge imposed a fine of $9,150 and one year of probation on Ontario raw dairy farmer Michael Schmidt.

According to a news report, Judge Peter Tetley said, “”(Mr. Schmidt) is a man of principle…He’s willing to fight for his principles. There’s a lot to admire about Mr. Schmidt….The present legislation is inconsistent at best.”
 
While the judge ordered Schmidt to pay the fine within a year, and not speak about his case, at risk of imprisonment, it’s difficult to imagine him abiding by such directives, as much as he’s said he’s willing to go to prison rather than pay the fine. Besides, the case is being appealed.