NEW YORK  INDEPENDENT CONSUMERS and FARMERS ASSOCIATION

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Mennonite Farmer Arrested 

MARK NOLT , a Mennonite dairy farmer from Newville, PA was arrested and taken into custody April 25,2008 and ordered to appear May 5 before a judge for a summary trial. Mark was arrested in connection with 5 citations dating from July of 2007 , totalling approx. $5,100 in fines and fees for selling raw milk without a license. The PA Dept. of Agriculture confiscated approximately $25,000 worth of product and equipment, and the farm was "closed" while a large number of officials prohibited video recording of the raid.
Mark had given up his raw milk license in 2007 in order to supply his customers with product such as butter,cream,and yogurt. He was raided in Aug 2007, and $25,000 worth of product and equipment was taken.
Mark was released later in the afternoon Apr.25. The FTCLDF is on the case, and we will keep you posted on any updates on the story as they unfold.


                                 FOR IMMEDIATE RELEASE


Meadowsweet LLC c/o Steve and Barbara Smith, 2054 Smith Rd., Lodi, NY (607-582-6954) email:dairy@meadowsweetfarm.com


Legitimacy of Raw Milk Cow Share Program to be Tested this Week

In March 2007, dairy farmers Steve and Barbara Smith of Seneca County, NY dropped their raw milk dealer's license in order to start an innovative cow share program.  In an era where the pressures of agribusiness and state regulation threaten the viability of family run farms, the Smiths, who have more than 12 years experience at dairy farming, find themselves at odds with the New York Department of Agriculture and Markets.

The Farm-to-Consumer Legal Defense Fund (FCLDF), a national organization set up to defend farmers and consumers from government interference, has taken on the Smiths' case. The Smiths' struggles with the Department of Agriculture and Markets will serve as a test case to determine if the State's regulatory power extends to a group of private citizens who produce and consume their own food of their own choice.

The Smiths reorganized their dairy into a limited liability company, Meadowsweet Dairy LLC (Meadowsweet) in March, 2007.  The dairy delivers raw milk, yogurt, butter and buttermilk to the members of the cow share.

The newly formed LLC has only one asset, a herd of dairy cows.  Meadowsweet members have an agreement with the Smiths to tend to, manage and house the herd for the benefit of the LLC. The equity interest for the LLC's 110 members is in the form of raw milk and raw dairy products produced by the cow herd and processed by the Smiths. This is accomplished without permits or licenses. However, the State of New York, through the Department of Agriculture and Markets, is challenging the new farming model.

Since the inception of the cow share, the New York Department of Agriculture and Markets has pressured the Smiths and Meadowsweet LLC.  Citing their responsibility to protect public health, the regulatory arm of the agency is being used to harass the dairy. The state agency has conducted numerous inspections, seized products, ordered the destruction of 260 pounds of raw dairy products, attempted to search the Smith’s house, issued letters threatening fines and penalties.  And now the Department of Agriculture and Markets has ordered the Smiths and Meadowsweet Dairy LLC to appear in Albany and show cause why the Department should not shut down the operation and levy fines. 

Over the next two weeks, Meadowsweet will confront the Department of Agriculture and Markets in two separate hearings. The first hearing will be at the Department offices in Albany on JANUARY 17 at 11AM. This is an administrative hearing within Department of Agriculture and Markets.  The Department will consider ordering the Smiths to CEASE AND DESIST from providing milk to its cow share members.

The second hearing is set for JANUARY 22 at 1:30PM in Seneca County Court in Waterloo, NY. At this hearing, the Court Judge will consider issuing a preliminary injunction against the Department of Agriculture and Markets to keep the agency from further harassing the Smiths until the dispute between the newly formed cow share program and the Department is resolved.

January 17, 11 AM
Department of Agriculture and Markets
10B Airline Drive
Albany, NY
(Right next to the airport)

January 22, 1:30 PM
Seneca County Court
48 West Williams Street
Waterloo, NY

For more information contact: Steve and Barbara Smith, 2054 Smith Rd., Lodi, NY (607-582-6954) email:dairy@meadowsweetfarm.com 









 
 
Another Reason to contact our Congressmen and insist they NOT listen to Monsanto!


VANITY FAIR - May 2008
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