Real Food Law

From http://thebovine.wordpress.com/

In connection with my service on the legal defense team for Wisconsin milk producer Vernon Hershberger, yesterday had me travelling from my home base north of Milwaukee westward across the state to Baraboo, Wisconsin, for a pre-trial motion hearing. For those unfamiliar with the case, Mr. Hershberger is being criminally prosecuted by our State’s DOJ for allegedly selling raw milk after the State’s Ag Department conducted a raid on his farm, issued a holding order preventing the distribution of perishable food, and destroying hundreds of gallons of fresh milk, among other things. Continue reading →

As many of you know, since late last year, I have been serving on the legal team defending Vernon Hershberger in his raw milk case. I’m blessed and excited to be able to lend my legal knowledge and experience to Mr. Hershberger’s defense, but my involvement constrains me from saying much about the case here. As interesting as I find the issues, I must usually rely on what others say, and hope they get it right. The following is taken from a recent letter Mr. Hershberger sent to his supporters:

First Amendment Hearing                       
1PM Monday, March 18, 2013           
Sauk County Courthouse, 515 Oak Street, Baraboo, Wisconsin

On June 2, 2010, representatives of the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) conducted a raid at the Vernon Hershberger farm.  DATCP agents intentionally destroyed nearly 300 gallons of fresh milk by pouring blue dye into the bulk tank, claiming the milk was “adulterated and misbranded”—even though there was no logical, factual, or scientific basis for this conclusion.  The milk was unpasteurized, as is all milk on all farms that is stored in bulk tanks.  The agents then placed a holding order on all the fresh, wholesome food in coolers on the property, most of which belonged to members of the Hershberger’s private buying club, and some of which belonged to the Hershberger family. Continue reading →

UPDATED March 4, 2013 to indicate that the FDA comment period has been extended to April 26, 2013.

The FDA recently removed one of the last hurdles before approving Massachusetts company AquaBounty Tecnologies’ application to allow its genetically engineered (GE)salmon into the U.S. food system, finding in its December 2012 environmental assessment that GE salmon should have “No Significant Impact” on human health and the environment.  A comment period which ends April 26, 2013, allows the public to submit their concerns to the FDA in advance of its final determination. Continue reading →