?Following my previous post, Fish in the Water expresses the emotional extremes many of us feel about the U.S. Food and Drug Administration’s latest assault on our food freedoms. “As a member of the aforementioned club, I have just been absolutely devastated this week, and am on pins and needles to see what happens next.”
Yes, what does happen next? Well, the members of the Maryland food club that was targeted by the FDA for an undercover operation to apparently make a case for unlawful interstate sales of raw milk by Pennsylvania farm owner Dan Allgyer, need to make a decision. They have two basic choices:
Aajonus Vonderplanitz speaking last fall in Los Angeles. (photo by Jennifer Sharpe)1. They can cower in fear, maybe abandon the farmer who is risking his farm and his freedom to supply them with fresh nutrient-dense food…
2. Or they can stand up, tall and proud, against the crude effort to instill fear, and fight back.
I very much hope they choose the second option…not only because it’s the right thing to do, but because the FDA needs to be taught that there’s a price to be paid for using police-state enforcement tactics to interfere with private farmer-consumer food agreements…so it will think twice before embarking on this kind of adventurism anytime soon. I also think the FDA outrage offers Maryland food club members a huge opportunity to educate legislators, judges, and the public at large about the seriousness of the FDA’s actions and the terrible precedent that could be established trashing private contractual food rights.
In this sense, I diverge from the earlier advice of Mark McAfee of Organic Pastures Dairy Co., telling Dan Allgyer to settle with the FDA and avoid a lengthy court battle. McAfee’s advice was based on his own experience being indicted for interstate sales of raw milk, but in his case, he actually was selling raw milk. The Allgyer case is much different, involving consumers in a direct contractual relationship with their farmer. Thus, it would be a huge concession of fundamental rights for Allgyer to capitulate to the FDA.
One reason this situation offers such an opportunity is that there isn’t even a hint of a food safety problem. This food club has been in operation for nearly five years, without any kind of illness, from raw milk or any of the eggs, beef, and chicken the members buy. The club’s experience gives lie to the FDA’s statement in its court filing seeking a permanent injunction against Allgyer: “Unpasteurized mik and milk products contain a wide variety of harmful bacteria…all of which may cause illness and possibly death.”
Aajonus Vonderplanitz, the California nutritionist, whose organization, Right to Choose Healthy Food, oversees the contractual arrangements of the Maryland food club targeted by the FDA, seems to be of the same mindset. He tells me the FDA’s move in federal district court in Pennsylvania, is intended “to scare more farmers and consumers,” and he’s not buying in.
“I look forward to court events. I will write the briefs that Dan and I will file claiming non-jurisdiction, fraud and harassment.”
But public involvement is a critical component for eventual legal success, he says. “I would love to have more people aware and watching. More people watching is likely to make the judge more honest and law-abiding.”
In that spirit of creating more public awareness, here are five of my own unsolicited suggestions for how the Maryland food club can fight back:
* Recruit some serious legal talent. Vonderplanitz will need legal help to joust with the Harvard-Yale-Princeton Law School types at the U.S. Department of Justice who will be handling this case. That will cost money. If each of the hundreds of Maryland food club members puts up just a few hundred dollars, they can buy some pretty impressive legal help. There have to be experienced lawyers out there who would love the public exposure that will result from defending an Amish farmer set upon by obsessive and arrogant government regulators and prosecutors.
* Let your U.S. House and Senate representatives know about the FDA’s outrage, and urge them to express disapproval. They control the FDA’s purse strings, and can make a difference. They likely don’t know what’s been going on here. Now is the time to inform them.
* Let the White House know about your outrage. The FDA and the Department of Justice are both directed by President Barack Obama. He likely didn’t know about the case specifically, but there are some highly placed administration officials who must be aware. This kind of intensive year-plus undercover investigative operation against the reclusive Amish community has to be approved at high levels before it goes forward. One relatively low-level bureaucrat like John Sheehan, the FDA’s dairy director, can’t by himself make something like this happen; many others have to sign off. Obama’s handlers need to know that many people are outraged.
* Improve vetting procedures. Yes, I know the horse is out of the barn at the Maryland food club, but you never know if the feds will make additional efforts to plant spies. Plus, they may well have other food clubs under surveillance. Unfortunately, food clubs need to tighten their processes, which should include requiring member prospects to show drivers licenses and even credit cards to confirm their identitities, thus making it it tougher for people with aliases to get in. Moreover, it’s helpful to do Google searches on everyone. One buying club I know spotted an FDA operative this way, before she could sign her membership papers.
* Pack the courthouse when Dan Allgyer’s case comes up for hearings in Pennsylvania. As Wayne Craig says in his comment following my previous post, “We need to shine a very bright light on the resources and time FDA is using against raw milk vs other priorities.” Lots of people showing up with high-priced legal representation helps focus the judge’s attention.
The FDA was obviously trying to send a strong message of intimidation and fear. It’s time for those of us who value food rights to send an even stronger message that its strong-arm tactics won’t be tolerated. Farmers can’t do it alone.
I would imagine since this will be setting the stage for others of us outside of MD that could be impacted in the future, so other people not in the buying club in question (me included) would be willing to donate something to help the cause. Perhaps some well-placed 'Pledgies' are in order…
Here's to all the hardworking farmers and cheesemakers who produce the dairy products which have nourished generations. Let us join in solidarity with other struggles for social justice in our quest to save the small sustainable family dairy farm, while providing healthy local unprocessed farm-fresh foods to more people.
Speaking of "shining the light on FDA", I have officially been banished from Bill Marler's blog for shining a very bright light on FDA:
http://www.marlerblog.com/case-news/fda-seeks-permanent-injunction-against-pennsylvania-dairy-rainbow-acres-farm/
Which was met with this response from Marler in the next thread:
http://www.marlerblog.com/case-news/fda-seeks-permanent-injunction-against-pennsylvania-dairy-rainbow-acres-farm/
Ahhh.. have to love the hypocricy of Bill Marler. Defending Monsanto cronyism at FDA! And then trying to tell me I should "please seek medical attention" for questioning FDA's agenda and his support of the revolving door between FDA and Monsanto. I believe that is a tactic used in totalitarian regimes, no?
Here is the correct link, where Marler banishes me and urges me to "please seek medical attention":
http://www.marlerblog.com/lawyer-oped/what-do-farmers-in-minnesota-iowa-and-florida-have-to-hide/
paying attention to the Campaign for REAL MILK, over the last decade, I've noticed that " …the hardworking farmers and cheesemakers who produce the dairy products which have nourished generations" are almost all white, Christians = the yeomanry of America.
Sol Alinsky's children – with their rainbow of communist fellow-travellers / perverts and anti-christs of every stripe – are committed to socialism's goal of world government : which requires the industrial-ization of agriculture.
Mr Anderson's call to … "Let us join in solidarity with other struggles for social justice in our quest to save the small sustainable family dairy farm, while providing healthy local unprocessed farm-fresh foods to more people." … is just classic socialist-claptrap.
Of course there are individual exceptions, but modern history proves that the "labour movement" is no friend of the family farmer.
Bill, being banished, would leave one to believe you hit a nerve……
"It's time for those of us who value food rights to send an even stronger message that its strong-arm tactics won't be tolerated. Farmers can't do it alone. "
If no one speaks out then the farmers will be wiped out and big ag will rule. If they win over our food, they most likely won't stop at controlling just that. Standing and speaking out en mass proves strength and opposition to those who wish to control our food.
Still, it's very hard to think of May 1st as the start of summer, when up here temps are still in the low 30s every night and day temps are lower than 65. lol
http://www.grist.org/factory-farms/2011-04-20-undercover-video-shows-sick-calves-brains-bashed-with-pickax
"The industry fights like a cornered bull to hide factory-farm conditions from the public; as for government regulators, take a look at how they acquitted themselves overseeing the nation's largest egg producer in the run-up to last year's massive salmonella egg recall."
And we're supposed to trust the FDA has our best interests at heart in "protecting" us all from raw milk…
Aren't you familiar with the history of populist farmer-labor coalitions? Challenging corporate monopoly is an issue shared between working people in both industry and farm. It would be a mistake to try to drive a wedge between this historic and sacred coalition. We are stronger fighting for freedom together than we are divided against one another. Our enemy is the same — the forces of organized greed and corruption, who would make us feudal serfs of corporate-state power.
The history of May Day as the workingman's holiday was started in Chicago in 1886, with the Haymarket protests. Its true what you say, that the celebration was co-opted by the Soviets to serve their own authortarian propoganda ends, but its origins are here in America.
http://en.wikipedia.org/wiki/Haymarket_affair
I think many of us here in MD are ready for the fight. We've been itching for it for some time now, but have been waiting for the right opportunity, and now here it is. I think for the moment we're waiting to see how Dan (Allgyer) wants to play things, because, as I believe someone mentioned (though now I can't find the mention), the Amish do tend to be very private. But once we get the green light, I know most of the members have already been figuring out how to organize a fundraiser for his legal defense, and how to broadcast our message far and wide…
I know within my community I've been talking about this outrage nonstop. The amusing part (and the silver lining) is that by talking about what's going on, and how ridiculous it is that the FDA is trying to step in and interrupt a private contractual arrangement between us and a farmer, I've got about four new families ready to sign up so far… It's amazing how many people are ready and willing to start consuming whole, natural foods, but have just been waiting to find out where to get them!
I must agree than every geopolitical region has its own challenges and that my advice to Dan Allgyer, probably does not fit. In CA my goal was to grow the market into a force that the FDA nor anyone else could mess with. A market so strong that it was a major example of what raw milk can do. We have done most of that already and we are building on our successes. A track record of safety, a RAMP program that works, tons of consumer connection and educational outreach…that is CA.
That is not Maryland or Pennsylvania. I should not suggest my political or strategic goals on others that have an entirely different objective to accomplish. After reflection, I must agree that Davids Five Points fit well for Maryland and Pennsylvania.
I have found it very hard to build markets when fighting with the FDA or anyone….but the objective in Pennsylavia and or Maryland is not to build markets or be an example to lead us fiorward in the raw milk revolution. The goal in Maryland and Pennsylvania about fundamental fairness, nutritional justice and to revolt against and expose FDA totalitarianism.
Davids five points are dead on.
Mark
It's ironic that the FDA, in its crude heavy-handed crackdown on food rights around the country, has done more to expand the market for nutritionally-dense foods than a major Pepsi-or-McDonald's-style ad campaign ever could.
David
http://wafp-wi.org/events_files/WAFP_Brochure_060911.pdf
What is especially interesting to note, is that Wisconsin's dairy science academia (who are notoriously arrogant shills for corporate dairy in my experience) have pretty much accepted that raw milk is going to be legalized here (for the first time since 1957).
On the legislative front, I do have to admit, I am getting nervous that Farm Bureau may have convinced the Republican leadership to bury the raw milk bill in committee. Or the Republicans decided they didn't want the embarrassment of a showdown between big business and the more populist elements in their party. Walker claimed he would sign the bill if it addressed food safety concerns, but that is the exact same thing Doyle said last year, and then he vetoed it at the behest of big dairy. Perhaps Walker just doesn't want to be forced to veto it (and the public embarassment that comes with a veto) so he is telling them not to even let it get to his desk.
If this is what's actually happening behind the scenes (this is all just speculation) the question for us then is how do we push the issue into the public eye again, so that they are forced to deal with it?
These are interesting times we live in, no doubt… new challenges and new opportunities.
The moms lined up to thank OPDC for the changes in their families health…especially the kids immune systems. Plenty of hugs and tears.
I love my job!!
Mark
I agree. The FDA just has not learned to stop bringing attention to raw milk. The more they try to enforce against raw milk the more that the microphone is handed to those that are fighting for raw milk.
I really do think that is the strategy of the FDA. That is precisely why they pick on the Amish. The Amish do not take the microphone and yell back and call for press conferences and make hay out of the FDA attack. But…. what the FDA has failed to appreciate is that the Amish have friends like Liz Rietzig that will gladly tear the FDA a new place to sit. She is about as pregnant as she can get at 8 months full bloom and that just seems to make Liz a better and better fighter. Can you imagine Liz in full bloom, fighting for raw milk farmer and her mammalian rights as a consumer ( with a big goreous belly full of baby ). The FDA loses this round for sure.
If I was the FDA, I would really really worry about a very pregnant mom being given a microphone to preach, advocate and share her stories about raw milk. That is a FDA media photo op and PR disaster. Moms will nearly all media opportunities. They are sacred. Makes the FDA look and stink like a FOOD INC CAFO.
They do not get that Amish farmers have fierce protectors in their consumer bases. The FDA has just picked a fight at their Waterloo…..add Aajunus Vanderplantz to the skirmish and God knows what he may do or what movie star might unleash on the FDA. The FDA will do much better by just being very quiet and letting the dollar voting Raw Milk Revolution take its course. So far everything they do…just helps us.
Mark
Doesn't seem so, Sylvia. Apparently, the video was so terrible it offended most of the YouTube viewers as gratuitous violence.
It's great to hear that the Maryland people are ready to organize and fight back. Please keep the rest of the raw milk community informed so we can help with publicity and fundraising! By the way, I am so sorry that all of this is necessary. It's an outrageous situation and I can imagine that your group is still a bit shell-shocked. Good for you all for getting back up after this blow!
Now you can like Grassfed on the Hill on facebook. We'll be posting updates about the FDA's reaction, our efforts, and other news there as it comes up. We appreciate the support! Stay tuned for a website later today.
http://www.facebook.com/grassfedonthehill
Tara
The ball is in your court now!
I agree with the suggestion that we pack the courthouse. I am looking forward to doing just that.