A seemingly minor request last March by U.S. Department of Agriculture agents to inspect Amos Miller’s Pennsylvania farm has exploded into a full-court press on private food rights.
Justice Department lawyers argue in more than 60 pages of briefs designed to convince a federal judge to order Miller to accept the inspection, that previous raw milk cases, in which judges ruled against farmers, serve as precedent that there is no such thing as contractual food rights. “There is no exception of the (federal) commerce power for the sorts of transactions between ‘private’ individuals that Mr. Miller has described,” says one “Memorandum of Law” supporting a court order against Miller. “Nor is there an exception for activities that only incidentally affect commerce. Rather, Congress’ commerce power is expansive, even permitting government regulation of products that are produced and consumed wholly within one’s home—as long as there is some nexus to interstate commerce.” In other words, if you produce an apple pie that uses baking powder from outside your state, and want to sell that pie in a neighboring state’s bake sale, you are subject to federal regulation.
The USDA’s request that a federal court issue an order forcing an inspection of Miller’s Organic Farm is to be heard at 1:30 pm next Tuesday (June 28) in Easton, PA,
While at first glance, the June 28 hearing at federal court in Easton, PA, is simply about forcing Miller to cooperate with that inspection, a look through the 62 pages of legal documents filed by the USDA make clear that the government intends to use this action against Miller as a full-fledged legal assault on private food rights, per the following:
- While the USDA is ostensibly the plaintiff, this case is clearly a joint effort by the USDA, the U.S. Food and Drug Administration, and the Pennsylvania Department of Agriculture. For instance, in a “declaration” by one USDA investigator, Paul Flanagan, he provides a chronology of his efforts to inspect Miller’s Organic Farm, and refers to FDA warnings about raw milk, while also noting that he and a fellow USDA agent were joined in their investigation of Miller’s by PDA agents.
- This case was sparked in significant measure by the March 18 report by the U.S. Centers for Disease Control alleging that Miller’s milk was responsible for a “multistate outbreak” that killed a Florida woman and sickened a California man back in 2014. This despite the fact that the Florida woman who died was apparently being treated for advanced cancer, and that the man who got sick had other medical conditions that hampered his immune system.
- The government’s court filings in this case read like well researched legal briefs for a major case, even though this is only about obtaining a court order to force Miller to accept a USDA inspection. One “Memorandum of Law” quotes Miller’s arguments at length on behalf of a private realm for food distribution, and counters them with detailed references to legal precedent in the form of other court opinions. Prime among these precedents are suits involving raw milk dairies over the last eight years—the federal case against Amish farmer Daniel Allgyer, the case against Meadowsweet Dairy in New York, and a case involving several Wisconsin raw dairy farmers. “An individual cannot exempt himself from the reach of federal law through the use of private contracts,” the memo states, in arguing that Miller is subject to a federal meat and poultry act that requires at least periodic USDA inspection. “Such attempts run afoul of well-established law that a contract entered in violation of federal statutory or regulatory law is unenforceable.”
In a court “declaration,” USDA compliance inspector Paul Flanagan seeks to raise the fear component around the case: “The CDC web posting was concerning because, at approximately the same time that I learned about the web posting, I also learned that Miller’s Organic Farm was slaughtering, processing and selling meat, meat food products, poultry, and poultry food products.”
Flanagan says he became concerned about more than just possible meat contamination. The CDC report “raised public health risk concerns about possible cross-contamination from raw milk to poultry and meat and related products that are produced and sold at the farm.”
Flanagan concludes his statement by arguing that a court order is all that will get Miller to cooperate: “Absent a legal enforcement proceeding and an appropriate order by the United States District Court for the Eastern District of Pennsylvania, Mr. Miller will continue to deny FSIS (Food Safety and Inspection Service, part of USDA) officials access to his facility and records, and will thereby continue to prevent FSIS from fulfilling its public safety mission to ensure that meat and poultry products are wholesome and unadulterated and that appropriate statutory and regulatory requirements are met.”
In other words, the federal government is arguing not only that private food sales can be regulated under the Constitution’s interstate commerce clause, but that even without that, Miller’s food presents serious safety risks.
Amos Miller seems prepared, at this point, to represent himself in this case. The Amish in general, and Amish farmers in particular, avoid conflict of all types, and shy away from engaging lawyers to defend them in formal legal cases.
It seems clear the feds now view Miller much the same as they came to view Dan Allgyer five years ago—as an Amish farmer unlikely to mount a sophisticated legal defense, and thus easy pickings for their Princeton and Harvard-trained prosecutors. In that case, a federal court in Pennsylvania approved a permanent injunction barring Allgyer from serving food clubs outside Pennsylvania, after which he decided to quit farming. It also seems clear that once the feds convince the federal judge to issue the order forcing the inspection, the inspectors will almost certainly find that Miller violated any number of regulations, and push for severe restrictions on the farm’s operation, or even the farm’s shutdown. That will have the effect of depriving many hundreds of people around the country of food they have come to depend on for maintaining their health.
Amos Miller has asked that supporters of food rights assemble peacefully at his hearing next week in Easton—1:30 pm at 101 Larry Holmes Drive.
This is when Amos Miller’s customers need to stand with their farmer and demand their constitutional right to enter into private contract for the purpose of consuming the foods of their choice. As long as people view this as the farmers problem and sit on the sidelines the USDA, FDA, CDC, etc will grow ever more aggressive. People have to see this as their problem, and actually do something about it.
How much is this one costing Conagra and/or Monsanto?
As with all government bureaucrats, follow the money to see who is profiting.
I think it’s very odd how the timing for this has worked out to rather coincide with the Canadian Food Rights fight/Michael Schmidt.
https://thebovine.wordpress.com/2016/06/22/support-michael-schmidt-and-the-our-farm-our-food-people-in-their-legal-battle-for-food-choice-in-ontario/
He has a good message on the video, but I could have done without the music as it tends to drown out the message as a whole.
It actually is most likely NO coincident.
We just got informed that two more Government Regional Health Units have requested to be party to the injunction which triples the money for the prosecutors to hunt us down.
See current updates on the Bovine https://thebovine.wordpress.com
The surveillance camera trial begins this coming Tuesday.
We are entering no doubt a new phase in this battle about food rights.
Another Raw Milk Debate:
The International Association of Food Protection wants to disseminate the following information:
IAFP, 2016 Raw Milk Debate
The 2-hour video-recorded raw milk discussion will take place at the International Association for Food Protection annual meeting this year, Wednesday, August 3, 2016, 1:30-3:30 PM in St. Louis, MO. The final format is available for viewing here: https://iafp.confex.com/iafp/2016/webprogram/Session3207.html A few things to note:
Participants:
Pro- Dr. Theodore Beals, MD
Dr. Joseph Heckman, PhD
Con- Dr. Jeffrey Farber, PhD
Dr. Jeffrey Kornacki, PhD
1. If you would like to disseminate this announcement to interested people, direct them to the, above, website. Also, direct them to the IAFP Meeting Registration page here: http://www.foodprotection.org/annualmeeting/registration/registration-fees/ Let them know it is CHEAPER to pay to become an IAFP member ($55) and then pay members’ registration fee for one day ($270 [Note: After June 27, registration fee goes up to $310]) than to register for one day as a non-member ($410).
2. Here is the complete program for the meeting, in case you are interested: https://iafp.confex.com/iafp/2016/webprogram/meeting.html
I suspect that the Feds are going after Amish farmers first because the Amish don’t hire lawyers: easy pickings. Once you get precedent, sky’s the limit. We are all screwed as far as private contracts and not just in food rights. In EVERY SINGLE AREA OF OUR LIVES.
The feds would like us to believe that they have any authority in the matter: “An individual cannot exempt himself from the reach of federal law through the use of private contracts,” the memo states, in arguing that Miller is subject to a federal meat and poultry act that requires at least periodic USDA inspection. “Such attempts run afoul of well-established law that a contract entered in violation of federal statutory or regulatory law is unenforceable.”
HOWEVER: the Article 1, section 10, clause 1 re: contracts in the Constitution is solid: “No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.”
The Feds have no jurisdiction in a state AT ALL save what they’ve illegally given themselves via their interpretation of the commerce clause. Time to overturn that. And time for Sheriffs and governors to stand up to the feds and protect their citizens via the 10th Amendment. This is where we the people can have the most effect: contact our Sheriffs and govs, demand (in the nicest possible way) that they do their jobs and defend our rights. Then replace them if they don’t.
The feds (and many state governments) already want the Sheriff appointed rather than elected, that has happened in a couple of places (can’t remember where). I feel a revolution coming on 🙂
Why? Do you have reports of corporate dairies being allowed to sell raw milk without problems? o. The government is going after Amish when they are the ones breaking the law. You are right on precedent: if the USDA doesn’t go after the Amish farmer, they open to charges of favoritism if they then try to stop a corporate dairy from doing the same.
As to raw milk: personally, I don’t care if adults drink all the raw milk they can take, but children are the innocent victims of your willful ignorance. Giving a child raw milk is reckless endangerment, just like refusing to have them vaccinated.
Clearly, you WORK for the enemy. The cats out of the bag, they are using food to kill us off! THIS is the ONLY reason that the FEDERAL DEMON ASSOCIATION ( FDA) and their wicked goons are trying to destroy organizations like this. GOD forbid that people actually live long heath lived! One thing we know for sure, they don’t give a DAMN about any of us. So the fact that they don’t want us to have nutrient dense or raw food tells it all
It’s hard to overstate how disturbing this development is. As always, thank you David, for keeping the broader food rights community aware of what is happening across the country. This case has implications for all of us. Is there a fund somewhere for Amos Miller? Even if he’s defending himself, he probably needs helps with other expenses related to responding to this assault on all our rights.
thanks for suggesting this Shana. Liz, where can we donate for Amos’ legal and life expenses? This kind of thing costs plenty, in money and time away from business?
Perhaps also post a link where we can order from Amos. A leap in sales can help too.
Cathy, right now Amos is representing himself, much as Vernon Hershberger did during the preliminary stages of his legal case. If and when Amos decides to seek out formal legal representation, I’m sure there will be a fund-raising campaign.
As for posting a link about where we can order from Amos, well, that isn’t possible, since he sells privately. Anyone who wants to buy from him has to join one of the food clubs he serves, and become a member. Some of those provide online ordering options, with password and other security protection. I know a number of people have expressed the concerns you are expressing, Cathy, and Amos is very appreciative.
Is there no way to convince Amos to seek legal council for this? Cathy, you’ve kept in touch with him in the past before. Have you tried reasoning with him? I know that Amos is a smart man, but being smart and knowing how to navigate through the complex legal system are two different things. Surely he must know that other Amish farmers have already tried and failed to do just that. I fear for the fate of our private membership, and I’m not sure that members showing up for support will necessarily stop a judge from ruling against him. Has it ever in other cases like this?
this case is a test of Amos Miller’s conscience, as well as revealing the erroneous doctrinal stand of the congregation in which he fellowships. On the one hand – supposing he’s a Christian – he’s obliged to settle with his opponent in the way, i.e…. before the thing gets to Court. Has he done so? Has he budged an inch, attempting to be on good terms with all men, as much as possible? Or has legendary Germanic obstinacy dug him into a no-win position?
Is he taking direction from Scripture, or is he acting-out the stupidity of the cult mind, whose Ordnung prevails over the plain language of the Bible? As far-fetched as it is to the un-regenerate mind, a Christian’s Advocate is the Holy Spirit. We are commanded, that … when we are drawn before the worldly Courts … not to worry, rather, to let the Holy Spirit do the talking. A perfect example of which was in our 2010 prosecution : Alice Jongerden asking Madame Justice Gropper in the Supreme Court of BC : “when did private become public?”. Gropper J. never so much as addressed the crux of it, let alone did she answer it.
the dilemma of Amish Amos © [ and his customers ] is : he’s got one foot in the Babylonian so-called “legal system” in which the self-rep. gets railroaded to the place pre-destined by the govt., and the other foot in his religious compound. The train has left the station so he’d better make up his mind in which jurisdiction he dwells
” Alice Jongerden asking Madame Justice Gropper in the Supreme Court of BC : “when did private become public?”. Gropper J. never so much as addressed the crux of it, let alone did she answer it. ”
… showing an possible example of why Ms Jongerden lost her court case – lack of understanding of the law. Nothing that I’ve found distinguishes “private” from “public” commerce in agriculture in Canadian law. Just like other products ranging from illicit drugs to automobiles, trade in foodstuffs looks to be completely under the control of Canadian governments. Judge Gropper likely thought Ms Jongerdon’s question to be frivolous.
you’ve partly got it, Bill Murphy. Since their prophecy in 1960, the commies insinuated demselves into the high places of every institution in Canada, by stealth : “And not a shot is fired” The strategy of the Fabian society, to impose marketing Boards on crucial industries, was in place ’til Stephen Harper put the boots to the Canadian Wheat Board. Now, grain farmers are free to do business with whom they want. There’s your distinction between ‘public’ versus ‘private’. The rest of them are crumbling as I write
… people on this forum get their britches in a knot, because I advocate for white national-ism. It is germane, because, since our ancestors left ancient Palestine, the religion of Caucasians is as given to us in the Bible. At its essence, the Campaign for REAL MILK is part of the struggle for ethnic territory, in which ….controlling the food supply is the most basic level of warfare. Not by accident has our agriculture been debased so that we have the image of food, but from which the nutrition has been filched. Race Traitors did this. No small co-incidence – either, that in this mortal combat, Justice Miriam Gropper [who made the decision in the Jongerden case ] is from the same ethnic group from whom the Bolsheviki came, nearly every single one of whom was antichrist. Confer with what Solzenhitsyn had to say
…. “you must understand … the leading Bolsheviks who took over Russia were not Russians. They hated Russians. They hated Christians. Driven by ethnic hatred they tortured and slaughtered millions of Russians* without a shred of human remorse. It cannot be overstated. Bolshevism committed the greatest human slaughter of all time. The fact that most of the world is ignorant and uncaring about that enormous crime is proof that the global media is in the hands of the perpetrators” . Alexandr Solzhenitsyn ==== * and Ukrainians, in the Holomordr
We get it, Gordon. You think that Amos is a hypocrite. You’re like a broken record on this point. Trust me… we get it.
Amanda : you don’t quite get it : The way it’s operated, Amos Miller’s commercial enterprise does not deserve the sympathy of the Campaign for REAL MILK. My observations are along the line that Amish Amos © is a brand-name. In his quaint costume, Mr Miller is a mascot, being used by a vertically-integrated corporation, the directing mind of which, thinks they can get away with calling demselves an “expressive community”. The feds ‘kicked-in the door’ of that false front, and now they’re having their hide pinned to the wall as a trophy of the govt. demonstrating “who’s got the guns”. Amos Miller his-self is most likely a nice, hardworking family man, caught in a peculiar religious cult. The Eldership of his congregation is what I fault. I take aim at the ridiculous double-minded-ness of their doctrine, rather than the individual : As for redundancy : Noah preached the same message for 600 years. You will recall that I’ve recommended to this forum the classic essay by Alfred J Knock “Isaiah’s Job”… as a prophetic type, my calling is to reach the Remnant, some of whom read this website forum.
Like I said, I get it. Still, it would be nice if you would save your spiel for when it’s actually relevant, instead of repeating it every time his name is mentioned. Especially if, as you say, your real beef is with the Amish “elders” and not with Amos himself. Besides, I seriously doubt that there are any Amish people who read this message board (and certainly not Amos himself), so you’re preaching to the wrong crowd here.
right you are = the crowd on this-here forum won’t include many – authentic – Amishvolk. Yet Mr Miller & Co are only too happy to use the internet for merchandising, aren’t they? >>>>> The triggering-event in this thread, was = publication of solicitation for $$ which would only be thrown down a rathole on UN-necessary lawyering. There are a few members of the Cult of the Black Robe, for whom I have respect : At their best, lawyers do resolve problems. And there are cases to do with REAL MILK which demand support. But the plight of Amish Amos © ain’t one of them. It will only squander precious political capital
Sally Oh I agree with you completely!! Sadly, in addition to the Amish not hiring lawyers, too many people have no idea whats in the constitution or what their rights are, giving a blank check to the bought and paid for politicians we have running the government now. It was pretty shocking to hear a judge say “the words liberty and raw milk are not to be spoken in my court room” and for a Wisconsin judge to rule on a motion involving private contract:
“1) Plaintiffs do not have a fundamental right to own and use a dairy cow or a dairy herd;
(2) Plaintiffs do not have a fundamental right to consume the milk from their own cow;
(3) Plaintiffs do not have a fundamental right to board their cow at the farm of a farmer;
(4) The Zinniker Plaintiffs’ private contract does not fall outside the scope of the States’ police power;
(5) Plaintiffs do not have a fundamental right to produce and consume the foods of their choice;
(6) DATCP [Wisconsin Department of Agriculture, Trade and Consumer Protection] . . . had jurisdiction to regulate the Zinniker Plaintiffs’ conduct.”
Seems like a pretty clear attempt to set precedent against individual food rights. Particularly #5. 3 weeks later the judge (Patrick Fiedler) resigned from the bench and took a job with a law firm that represented Monsanto in patent infringement cases. Coincidence?? I don’t think so.
This is cow bunk!!!! We have private farmers that sell organic food, whole milk, cheese, grass fed beef in our area and they need to be supported and stop the big GMO crop producers from messing with them. Small farmer produce whole some inexpensive food that is fresher than store bought and many think it is better for you. This is America….or was 7 years ago, I don’t know where we are now. Canada is looking better and better….
I do have question for what you mean by organic and grass fed cows !!!!
The water or rain is it ORGANIC ???? NO Please don’t say organic the water cows drink has polutions and rain has a lot more think first
Totally organic means no chemicals or polute rain or water then farmers has to buy spring water or alps water to grow fresh grass , cows to drink
There’s is toxins in rain water anything that’s goes up most come down !!! It’s not only about food the worst of all its all beauty supply we buy every day with all these chemical we can’t even pronounce the words !!!!!!
More and more people are getting sick or with cancer
USDA don’t tell the thruth it’s all about make more money and who cares about the American people cause we just a number that pays taxes nothing else
did you know that raw milk is forbidden in Canada?
Forbidden by whom? Who has the power to forbid anyone from doing anything that does not harm another. If one is harmed, he/she has to file a claim for trespass and the accused must be able to face her/his accuser. That is the law.
Agreed
(Sort of like the seat belt law-designed to make money only)
Melissa : get ready for Mr Miller to get hung out to dry on this one. The larger frame of reference is NOT about quality of food, nor the right to private contract : it’s just another round of the 200-year-old contest about states’ rights, versus overbearing central govt.
… Amish Amos and his co-religionists got away with using their peculiar doctrines and costume as a merchandising gimmick, meanwhile hiding their collective heads in the sand. I do not have hard evidence, but more likely than not, the crunch will come when the feds put the hammer down, demanding back taxes due.
…. Does Mr Miller et al. deliver foodstuffs produced locally, across several statelines, via their quaint 19th Century wagons? No, he avails himself of all the modern technology that suit – when it suits – to make a profit accounted-for in notes of the Federal Reserve. His use of interstate highway system and the currency in which he makes his transactions, both, put him under the commerce power of the federal govt.
… where were all you people, who now kvetch about abuse of the powers / prestige / resources of the central govt., when the National Guard imposed martial law on Old Miss, with fixed bayonnetes, absolutely contrary to the express will of its citizens? Oh, that’s right … you weren’t even born. The day George Wallace had to step aside was when the white Christian nation of the original Republic passed the tipping-point down the slippery slope to un-apologetic fascism.
I agree that the outcome here will have far reaching implications.
Question for you David to help me understand the context a bit more….do you know why the Millers have opted not to get the required inspections on their meats and prepared foods? I ask because at a large enough size-scale, processing meat under USDA inspection, or preparing foods in a certified kitchen, is pretty doable.
I realize there is no way to do raw dairy over state lines regardless of inspections, but the other products…yes.
I’m just wondering if his reason for not getting inspections are due to scale/size inequity, or if it is more philosophical.
Shawna, I can’t speak for Miller’s, even to say that they haven’t opted for required meat and prepared food inspections. I know what members prefer (being a member myself)–that the meat be slaughtered on the farm rather than in USDA facilities, because the former is more humane and generally cleaner, resulting in safer and tastier food.
I would also take issue with your assertion that “there is no way to do raw dairy over state lines…” The FDA has said it has no problem with individuals and families bringing raw milk across state lines for their own personal use. Our entire legal system is heavily dependent on private contracts between individuals. To me, that is really what Miller’s and others are doing, allowing me to get delivery of my raw milk for personal use, via a private contract.
This of course is “legal” but now lawful. The difference being that legal is the petty legal decisions made by judges – who are LITERALLY agents of the queen (foreign agents) as ALL judges are members of the BAR. That stands for the BRITISH ACCREDITED REGISTRY and they pretty literally act for the Vatican in this regard…
In Texas, there was a court attacking an American on non-food issues, but very much similar in their legal presumption of authority over everything. This person and his lawyer, KNOWING that the Constitution is the HIGHEST LAW OF THE LAND – to which ALL legislation must conform or be null and void – DEMANDED IN SPECIFIC LEGAL TERMS WHAT CONSTITUTIONAL CHAIN OF AUTHORITY THE JUDGE ON THAT CASE HAD OVER THE QUESTION BEFORE THE BENCH. The court adjourned for X days, and NOBODY set a new hearing date. They passed a MANDATED time – at which point all charges must legally be DROPPED. The court didn’t drop the charges, but has not been attacking this man anymore.
Just food for thought. Our legal system is just a front for corporate take-over of any industry in which corporations want to FORCE you to pay them instead of being self-reliant. Our food regulation laws seem necessary – but really, the least safe food in the country is corporate “food” and their chemical, contaminated products.
i’m getting to the point i don’t much care what the govt says anymore. They are SO patently the tools and fools of corporate interest – and all over the political spectrum you see people pontificating upon matters – and you KNOW they are lies and lying – and they still think this is 1950 and you are going to believe them just because they call theirselves the Attorney General, or President, or a senator.
These fools need to be fought. Millers need a giant mob of people on their farm when those guys do eventually come. They need to be video’d and beamed to secure servers every step they illegally take – because the courts can’t be allowed to lose their “authority” or the sheep will question what THEY could do to make THEIR lives better. If that question opens up i more people – the “powers that be” are going to be rocking in the earthquake.
Typo above “NOT lawful”
Brad = folding-in the myth espoused by the Freeman-on-the-Land types, does not further the Campaign for REAL MILK. Please give us the case file number – the name of the town where this – ostensibly! – took place / name of the Party, his lawyer, day/month/year … you know, just a few basic facts which I can run to earth … otherwise, you’re just polluting the discourse. I highly recommend the book “Rulers of Evil” by F Tupper Saussy. He supports his theory with facts, literally carved in stone. IE Ham-merica is ruled by the deity which stands atop the Capitoleum in Washington DC = the goddess of the underworld
What’s freeman on the land? Man are free on the land, unless they consent to the jurisdiction thereof per the 14th amendment. Time to expatriate?
http://annavonreitz.com/nationality.pdf
David, I should have said “no way to do retail raw milk over state lines”. And yes, whether or not the distinction of private contract and private livestock ownership will be recognized is key here. Its going to be really interesting.
And I fully agree with you on the farm-slaughter and working with a local, custom butcher. That is what we practice as well and it is infinitely preferable in my opinion, for all the reasons you state–humane treatment, sanitation, quality, etc. It works well at the small scale.
I guess I’m a bit of an optimist, and hoping that perhaps there is a compromise solution for the Millers where they might be able to jump through some of the hoops they must in order to keep their products reaching their customers. That just might not be the case though.
Miller has previously expressed a willingness to compromise, whereby he might jump through some hoops. I suspect from the detail and coverage of the legal briefs filed by the Justice Department in the USDA case that the feds are intent on punishment, on hoisting Miller up as some sort of example, and warning to other farmers who have crazy ideas about distributing food privately.
David, I sincerely hope you are wrong, but my instinct says you are not.
It is all so unfortunate and unnecessary. I asked about Miller’s motivation for going private because I have a theory that most farmers who go that route don’t start out with the intention to forge an alternative food production system on principle just to thwart the government and test the Constitution. They get there because they keep running into wall after wall as they attempt to produce and provide the kind of food that their customers demand.
I remember the first time I ever heard Joel Salatin speak, and he told the story of how he, as a young farmer, figured that if he milked 10 cows and sold the milk directly to local customers at around retail prices, his farm could be self-sustaining. And then the State of Virginia told him that his plan was illegal, and there was not way to do what he wanted to do legally. “And I never really got over it.” he said in the ultimate of understatements, with many chuckles from the audience. But its actually not that funny. Mr. Salatin did not set out to be a food-freedom revolutionary. He just wanted to farm and produce food for his local community. Unfortunately, it just wasn’t that easy.
And perhaps that is where Amos Miller is as well. I think many farmers would not go the “private” route if simply food production guidelines were equitable, had the ability to scale up or down to any farm size, were not cost prohibitory, did not force farmers to violate their farming principles, and actually allowed them to produce and sell the food that their customers want.
But since that is not the case, and since our regulatory framework has not kept pace with the changing consumer consciousness and demand, here we are again–on the brink of an ugly war that is wholly unnecessary.
Your explanation about Amos Miller’s motivation is at least partially correct. I know in PA, dozens of farmers have turned away from the regulated raw milk system because it imposes strict limits on what farmers can sell. Raw milk is okay, but other dairy products that many consumers crave, like kefir, yogurt, butter, cream, buttermilk, etc., etc. can’t be sold.
But there is another, related, factor that drives farmers like Amos Miller, and that is huge demand from consumers who line up for the variety of high-quality nutrient-dense foods they produce. Many of the food clubs that distribute Amos’ food sprang up independently, and then approached him for membership. It’s not like he’s been out there, like some raw milk sellers we know, hustling and promoting and doing speeches and carving out a social media presence for himself. There’s been none of that, yet the number and membership of the food clubs continues to grow and expand. More and more people want the food he and others like him produce.
So I agree with you, that it’s not as if these farmers start with high-minded ideals about building an alternative food system. But when the government moves to shutter farmers like him, it seems very much as if the regulators are simply serving corporate interests to rid the marketplace of competition–competition that is growing without prompting, like weeds.
The “local, custom butcher” is becoming a rare breed thanks to unreasonable, foolish, ever-changing government regulation. It’s getting to the point where some people have to drive two hours or more one way in order to quire the services of an inspected butcher/meat cutter.
There is no compromise to be had with these petty tyrants; it’s their way or the highway.
Dear friends,
I am very proud to report that the legal team at FTCLDF in cooperation with myself have just filed a brand new FDA Citizens Petition regarding interstate commerce of Raw Butter.
It is a remarkable document. It is 24 pages in length and has untold numbers of pages of supportive documents.
This new FDA Raw Butter petition replaces my original FDA Raw Butter petition which has now been withdrawn.
Building on my original basic petition, the new Petition was written and investigated by the legal team at FTCLDF and it is truly brilliant and makes some fantastic legal discoveries. We have discovered that the FDA ban on raw butter over state lines is in direct violation of a very specific law passed by congress in 1906 which prohibits any form of Standard of Identity being created or established for ” Butter”. That’s right…congress protected butter in 1906 and prohibited any form of Standard of Identity creation for Butter. Butter is Butter under the law and it can not be changed from Simply Butter!!! A mandate that all butter be pasteurized is in fact a Standard of Identity creation and is not legal or lawful as specifically declared by congress.
The document is a true learning opportunity. The safety, purity, history, political fighting, regulatory wrestling, nutrition, industry greed, judicial meddling, chemistry and etc….are quite astounding.
In the end….this is going to liberate Raw Butter from its wrongful incarceration under CFR 1240.61 and Raw Butter will move freely from all US farmers to all Americans very soon. Give it 24 months. This Petition is a real beauty!!
Brilliantly done FTCLDF. Not one of the points made is refutable. The FDA’s own data is used. Nothing like the truth to set us free and feed us in the future.
The implications are huge. It is literally the first brick to loosen on the interstate ban on raw milk. Once one brick falls soon the rest will loosen and fall as well.
As Ronald Reagan said….”Mr. Gorbechoff, tear down this wall”. We now say to our FDA friends…”FDA…tear down the wall that keeps farmers and their whole foods from feeding America!!”
http://www.organicpastures.com/butter/
Here is a link to the New FTCLDF developed FDA Raw Butter Petition.
David,
Why don’t all of these farmers gather their consumers and change the raw dairy product laws in Pennsylvanis. This current Penn State regulatory system is the friendliest its ever been. Raw milk has friends all the way to the top in Penn State. If you want butter….then go change the laws.
Somehow….I think that farmers simply find it easier and far cheaper to escape the system rather than fix it. Lincoln said” America right or wrong, if right fight to keep it right, if wrong, fight to fix it” …
Agreed entirely, Mark. People underestimate the power they have when they organize and work to change the law. It takes hard work, elbow grease, and courage to change the law, but it can be done. But it also takes knowing how to do it, and this isn’t taught in school or Church. Mark, are there any clear guides for anyone who wants to change these laws? Books in plain language, readily available? Websites?
Mark,
The PA regulatory system is the friendliest it’s been in a long time. But go back 7 or 8 years, when the top PA dairy regulator was having Mark Nolt handcuffed and was confiscating his expensive equipment, and it was very unfriendly. In the Amos Miller case, it seems to be shifting back toward unfriendliness, and cooperation with the FDA. And that’s a big part of the point here–regulator moods and tactics ebb and flow according to the regulator leadership in place, and pressure from Big Ag and Big Guv. We’ve seen similar shifts in CA, WI, IL, MA, ME, MI, and other states. Sometimes they’re the most accommodating people, and other times, they are total jerks.
Add to that the fact that many of the PA dairy farmers are Amish, and aren’t politically inclined. In fact, they intentionally operate on the fringes, because they have chosen to live apart from modern society in many ways.
But damn, they produce awfully good food, and more and more people want it because it improves their health. So they have arranged private contracts with these farmers. That pisses off the regulators, who want to control EVERYTHING. And I guess it pisses you off, for whatever reasons. Maybe you feel that if you have to go through regulatory hell, everyone should have to go through regulatory hell. Even if it means screwing up people’s access to good food.
the Amish ( and every one) would do well to open those antique Bibles and read the bit about serving 2 masters. When the feds. come calling for their cut of the gross handle, ie. the excise tax due for trafficking in notes of the Federal Reserve Racket, we’ll see how much integrity those Amish-folk have. In light of Jesus’ command about how to conduct oneself being hauled before the Magistrate. Let’s see the classic cartoon character with his Amish cut beard, and hat, punching-in the total purchase, then handing the debit card machine to a customer. This isn’t about ‘food rights’. This is about a religious cult which has reached the sticking -point where its false doctrines and peculiar human habits hit the brick wall of [ what passes for ] “reality”
… get one thing clear : in this present red fascist police-state, the feds have a record of Amish Amos’ transactions down to the decimal point.The last thing they’ll do is : play fairly. they’ll hypothecate an income tax debt on him, and everyone whose name they can come up with as “co-conspirators”, then bury him in process. A journalist with time and energy to do a career-making nation-wide story, could educate ordinary tax-serfs by explaining how the Amish structure their accounting practices so as to ” … live apart from modern society in many ways”
… “regulatory hell”? you ain’t seen the naked face of evil, til you’ve encountered the IRS enforcing the Second Plank of the Communist Manifesto
Always curious to me how religious (and ideological) fundamentalists most despise those they have the most in common with. That must explain your difficulty with the Amish.
wrong, Mr Gumpert : I do sympathize with Amish-volk in their longing to be separate from this fallen World. But, having had a few corners knocked offa me, I know that one cannot have it both ways … Friendship with the World is enmity to God.
… What I “have difficulty” with, is, people = saying one thing, whilst doing the very opposite. One of the core doctrines of the Amish, is = “separation from the ungodly”. Yet they have no compunction operating in the Babylonian system, to make a profane dollar. I doubt very much that Amos Miller has thought all this through. .. he’s just a hardworking farmer, taking orders from the directing mind of his community. The ones with whom I “have difficulty” … the false shepherds. Go read their history … my mocking their hypocrisy is child’splay compared with what their Elders said ( historically) about the ones they despise = “the English”.
…When it comes to rationalizing the exceptions to the cult’s rules, I’m past being exasperated, the cartoons of 18th century fashions alongside 21st century merchandising tricks, is wonderful comic relief.
…In the instance of the trials and tribulations of Amish Amos : human nature doesn’t change through the ages. He ( they) had a good thing going, but greed got the better of the directing mind of the enterprise, and it sucked them down in to the Babylonian money system. The superscription on the obverse of those Federal Reserve Notes [ which Mr Miller is happy to take, in exchange for his products ] is what I’m talking about ; “the gods favor our enterprise” … and what ‘gods’ would those be? As the genius Bobby Dylan put it “you’ve got to serve somebody”
I see your point Gordon, but I’m sure he pays taxes like all of us so wouldn’t that mean he has already fulfilled his rights to the system? not an expert on the Amish so maybe they don’t pay taxes at all but just thinking on the comment
Will some attorney who understands the importance of this fight, simply work probonopublico? Come on Americans! We are in charge of this operation — We the People! We are only as good as our sincere efforts to keep our Republic.
Mr. Miller seems like a pretty simple and intelligent individual (likely more intelligent than any lawyer I have ever met). i wish him the best in his case.
old Harry Hammer had a good ad on the radio, for his furniture factory. He’d say : “when I find a truck driver who works for nothing, you can have free delivery” Same with the members of the Cult of the Black Robe … lawyers are not in the law biz. for their health. The notion of a “Pro Bono lawyer” is an urban myth, merchandised by the racketeers for the sake of keeping the rubes, stupified. In the court game, you have to pay to play.
Bill Murphy,
The lessons to learn about lobbying activities and how to pass laws are learned by doing and being mentored.
This type of Americanism is best learned by doing. I would suggest this process:
1. Get ahold of the people at PASA and find out who does legislative work ( Penn State ).
2. Meet and develop a strategy with those that have done it before.
3. What needs to get done and by whom?
4. Gather the team and start working hard.
5. Hint…farmers and families of consumers carry lots of weight.
6. PhDs at Penn State could really help.
7. Passing laws is about building a big team that gets more than just a few on board the bus for change. Build collaboratives.
8. Spend time at the legislature talking with your elected officials.
Show up, Stand up & Speak up!!!
Amos Miller is an honest, hard working farmer who caters to his clients in a caring way. This is another example of our left leaning government telling us what to eat, drink, and consume. Today we are having these rights taken away one inch at a time and people don’t even know, or care, that it is happening. People who decide to pay for food that is closer to pure than the garbage at the big box should be able to exercise that right. Amos should follow all the common sense rules on food safety as well. What the FDA wants is what is demanded of the big operations and as such will put small farms out of business.
This administration says it is on the side of the little guy…. well, an Amish farmer is just that little guy struggling to keep his farm relevant.
Bob, I don’t think this is a matter of left-leaning or right-leaning government. Both left and right leaning governments of the last 100 years at least have worked to marginalize farmers, and favor large corporations. The official view of food rights was no different under George Bush than it has been under Barack Obama. However, none of them like to battle the people over food, because it’s a no-win conflict. I think that’s why we saw Amos Miller and his supporters at the courthouse treated with at least a little respect–the last thing they want is for people to mobilize on behalf of farmers.
Mr. Gumpert, do you know the name of the USDA person in charge of this case against Mr. Miller? I would like to write him a letter.
Paul Flanagan of USDA, he is pictured in my July 11 post.
Mr Miller…You have my full support. Thank you for supplying healthy foods to me and my family. Please let me know if there is anything i can do to help. If it is within my means, I will gladly do so. Jesse 210-291-5081