Morningland Dairy raided and another family business destroyed 01/25/13
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The FDA is notoriously prejudiced against raw dairy products, and if they personally are opposed to consuming them, fine! But what constitutional authority do they have to tell American citizens what they can and cannot eat and drink? Answer: NONE. With the government takeover of health care, however, you can rest assured that tyrannical attempts to control your diet will increase, not decrease.
The FDA, like so many other federal bureaucracies, has become a tyrannical, unelected, unaccountable apparatus for the Nanny State to rule over Americans instead of representing and serving them. Their goal is not to protect citizens from harming one another, but to protect us from our own choices by restricting them and making them for us. But this abuse of government power is not a victimless crime.
This small, family-armed dairy is the latest casualty in a long line of victims of government abuse and over-regulation. Will your business be next?
MOUNTAIN VIEW, Mo. — After a two and a half year legal battle, 15 tons of cheese made and aged near Mountain View was hauled to a dump. To fans of natural foods, it is monumental waste and over-regulation. To Missouri’s Milk Board, it’s merely protecting public health.
“I see the destruction of what my wife and I and family have worked to build,” said Joseph Dixon, owner ofMorningland Dairy.
Dixon and his family aren’t the only ones outraged by the trashing of about 30,000 pounds of cheese produced on the farm in Howell County.
[…] “They really haven’t found anything, no sicknesses, no illnesses in 30 years. But it’s what-if. And in the United States of America, if what-if now wins, we have no country left,” Dixon said.
Both Howell County Court and the Missouri Court of Appeals sided with the milk board’s decision to destroy all the cheese.
“We asked for trial by jury; we were denied because it was a regulation, not a law. It wasn’t passed by congress,” said Dixon.
A couple of years ago, the Dixons still had hope of someday making cheese again and were milking daily, but now, the milking barn is empty because the dairy herd is gone.
“If I tried to start back up, it would cost so much to get it in the cooler, and then, if they find, quote, one thing they can complain about, one thing, I’m shut down again, and every bit of that has to be destroyed,” said Dixon.
The Milk Board shut down Morningland’s manufacturing operation and ordered all cheese at the facility embargoed on August 26, 2010 after receiving a report from the California Department of Food and Agriculture that Morningland cheese seized in a raid of the Rawesome food club in Venice, California in June 2010 had tested positive for Listeria monocytogenes andStaphyloccocus aureus. Not a single block of cheese in the warehouse had the same batch number as the cheese seized in the Rawesome raid. A Milk Board inspector initially told Joe Dixon that he would only be shut down for a few days—but that changed when FDA stepped up their involvement in the case a short time later and pressured the Milk Board not to let Morningland resume their operations.
On October 1, 2010 the Milk Board sent the Dixons a letter requesting that they destroy the entire inventory of cheese at the facility; when the Dixons refused, the Milk Board filed a petition in the Circuit Court of Howell County to obtain an order for the destruction of the Morningland cheese.
After a two-day trial before Judge David Dunlop, the judge issued a decision on February 23, 2011 ordering the destruction of the cheese. Morningland appealed the decision but on September 27, 2012 the Court of Appeals sided with the Milk Board. A petition to the Missouri Supreme Court to hear the case was rejected onDecember 18, paving the way for the destruction of the cheese to take place.
Neither the Milk Board nor FDA ever tested any of the cheese stored at Morningland. FDA did take 100 environmental swabs at the facility, all of which tested negative for listeria. There was no accusation that any cheese Morningland produced had made anyone sick; there had never been any reported illness from the consumption of Morningland products in the thirty years the farmstead cheese operation had been in business.
The Morningland case was about FDA’s agenda to restrict access to raw dairy products with the eventual goal of banning them. The agency doesn’t hesitate in sacrificing a business like the Dixons’ in order to move its agenda along.
What message does this send to entrepreneurs who are considering starting their own business and creating jobs? Who wants to take the risk of running afoul of busybody bureaucrats with an ax to grind?