[SustainableTompkins] Meadowsweet Dairy hearings...

Tue Jan 15 13:29:05 PST 2008

Here's the press release that went out yesterday for Meadowsweet LLC.  
This case has potential long term implications for farmers and groups of 
individuals coordinating innovative food share programs. 

Anyone who can make either hearing, please contact Bethany Schroeder 
(nidus at pinax.com), who is coordinating a car pool.

-- Katie Q-J

FOR IMMEDIATE RELEASE

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

Sandra Repp wrote:
> Sustainable Tompkins listers who have been following the Meadowsweet Dairy 
> issue may be interested in the following, posted by the dairy owners on the 
> homeschooling list serve.
>
>
>   
>> Subject: Come to Meadowsweet Hearings!
>> Date: Fri, 11 Jan 2008 08:54:18 -0500
>> From: Meadowsweet Dairy, LLC 
>> <<mailto:dairy%40meadowsweetfarm.com>dairy at meadowsweetfarm.com>
>> To: Barb&Steve Smith 
>> <<mailto:dairy%40meadowsweetfarm.com>dairy at meadowsweetfarm.com>
>>
>> Hello friends and supporters!
>>
>> We are finally at the point of confronting Ag and Markets face to face
>> in the next two weeks! Our first date is at a hearing in the Ag and
>> Markets offices in Albany (10B Airline Dr., Albany) on JAN 17 AT 11AM.
>> We would love to have an ENORMOUS show of support at this hearing! This
>> is an administrative hearing at which they are considering ordering us
>> to CEASE AND DESIST from providing milk to our members. The outcome is
>> very likely to go against us because even though they haven't a shred
>> of evidence to prove we are "selling" milk, the hearing officer seems
>> to be very fearful of going out on a limb against Ag and Markets. She
>> has already indicated this by her complete unwillingness to postpone
>> the hearing at the request of our lawyer (he had a personal conflict
>> with the date).
>>
>> The second date is JAN 22 AT 1:30 IN SENECA COUNTY COURT IN WATERLOO,
>> NY (48 West Williams St.). At this hearing the judge will consider
>> issuing a temporary injunction against Ag and Markets to keep them from
>> harassing us until the whole thing is resolved. Again, the more people
>> who attend this hearing the better! We want to really pack the room!
>>
>> Please publish this info everywhere you can think of.
>>
>> The fight is very important for the future of farming and the future
>> health of our descendants!
>>
>> Thanks for everything.
>> Barb
>>     
>
>
>
> _______________________________________________
> RSS, archives, subscription & listserv information for:
> SustainableTompkins at lists.mutualaid.org
> http://lists.mutualaid.org/mailman/listinfo/sustainabletompkins
> free hosting by http://www.mutualaid.org
>
>
>   

-- 