by Annie White
With all the trouble that raw milk producers have had recently as the FDA hones in on the rise of its sale, it is certainly refreshing to see a win on the side of food freedom.
Bechards Family Farm in Conway, Missouri is run by husband and wife Armand and Teddi Bechard along with their two teenage daughters. Like others raw milk producers they were targeted by the FDA over where and when their milk was sold and were subject to ongoing investigation.
It all dates back to April 2009 when FDA agents tricked Mr. Bechards daughters to sale them extra milk at an arranged drop off point.Yet it was Armand, not his daughters, that was issued a criminal citation in May charging him with “operation of food establishment without permit” which carries up to $1000 in fines and the possibility of 180 days in jail.
The agency claimed that a truck was a “food establishment” and that they were “operating a food stablishment without permit”. In June, the farm received letters from Missouri Attorney General Chris Koster’s office, asking them to sign a voluntary consent agreement saying they would never deliver milk away from the farm again. The Bechards refused to sign. Then in November, not only did the attorney general ask the Greene County Circuit Court for a preliminary and permanent injunction “prohibiting the Bechards from selling raw milk or raw milk products in violation of the law,” but they also wanted to make the farm pay for the lawsuit!
In August of 2010 the court delivered its erroneous guilty verdict to Armand for “operation of food establishment without permit”. The Bechards immediately appealed the criminal charge.
On the 11th of January, Mr. Bechard defended himself in his appeal quoting a state law that he says convinced the judge to take his side; “A state statute says a farmer can sell from his cart, wagon or vehicle,” he says “Paraphrasing here, it’s considered to be as if you were selling from the farm. That was the premise we were operating under.” He goes on to say the law “States an individual can purchase and have delivered to them for their own personal use raw milk or cream from a farm.”
Since sells are arranged ahead of time the Bechards are not violating any laws by using a drop off point to meet with their costumers, a necessary convenience as the farm is too far of a drive for many. In order to protect himself and his business, they have made some changes in the operation and the farm will keep their deliveries outside the city limits.
The Bechards stood their ground and won by using the states own laws. What a wonderful victory for the farm and the raw milk industry, let’s hope the FDA is tiring of their frivolous pursuits.
Read the Full Article Here: http://healthfreedoms.org/2011/01/22/raw-milk-dairy-farm-fights-back-and-wins/
Sources:
http://www.bechardfarm.com/rawmilk.htm
http://www.ky3.com/news/ky3-farmer-acquitted-in-case-invol-01052011,0,7169955.story