This dangerous group was targeted by Michigan officials for delivering private food to private club members. Photo courtesy My Family Co-op website.
Health Impact News Editor Comments
David Gumpert is reporting that agents from the Michigan Department of Agriculture and Rural Development pulled over the My Family Co-op‘s refrigerated truck this week, and placed a seizure order on their private food which was being delivered to food club members. (Details here.) My Family Co-op operates a “herd-share” program that allows private club members to contract with them and share in the ownership of their farm operations to produce and deliver farm-fresh food.
These types of private food clubs are popping up all over the country, bypassing the commercial retail distribution of commodity food found in grocery stores. Big Ag, Big Dairy, and others are obviously opposed to such systems that allow farmers to sell directly to consumers, and use government regulations to go after peaceful farm operations trying to produce healthy food for those who want to bypass the commodity processed food market.
David Gumpert, however, brings up a good point in explaining that most ag inspectors that try to seize private food really have no police powers, and can be resisted. Some food clubs have successfully resisted some seizures, forcing government officials to try to get court sanctioned orders that have to be enforced by law enforcement officials. Many will not take the issue that far if resisted, because it can mean a long drawn-out court battle that strains state or local government resources.
The key is to know your rights and not be intimidated. David Gumpert posted on his blog:
SIX WAYS TO PUT A STOP TO GOVERNMENT SEIZURES OF PRIVATELY-OWNED FOOD
Gumpert writes:
Most of the time, the individual contract owners are intimidated by the ag inspectors’ threats, and they back off. The backing off is understandable, because no one wants to confront police. But the reality is that the threats are mostly empty. They are made in loud voices by ag inspectors with little real power. The ag inspectors don’t have police powers, so they must call a police officer or sheriff if they want an arrest made. At that point, they have to explain to the officer what the problem is. The contract owner can explain as well that he or she owns the food in question, and is merely taking delivery.
Gumpert then makes the convincing case that food club members have a responsibility to understand their rights, and resist theft of their private food, even when the ones doing the stealing are government officials. He offers six suggestions to anyone entering into a herdshare or private food club membership:
- Join a food club or herdshare with an activist mindset. Understand when you sign up that one of the responsibilities that comes with ownership or membership is an obligation to demand and obtain your food, even under threat of arrest.
- Likewise, herdshares and food club owners should inform prospective members that they may be called upon to claim their food, under threat of arrest.
- Herdshares and food clubs should develop a plan in the event their food is “seized.” This can include cutting the hazard tape, re-claiming the food, and otherwise defying orders that “condemn” food.
- Know that if you are arrested, the government will have much difficulty making a case against you for taking food that is yours. The charges would most likely have to do with disturbing the peace or resisting arrest or interfering with a police officer—charges that would most likely be dismissed. Yes, you’d have to go through a legal action, but it would be for a very important principle.
- Keep the comments and letters to ag officials and politicians coming. A few that have been sent in the My Family Co-Op matter are reprinted in the comments section following my previous post.
- Operators of herdshares and food clubs should seek out financial support from their owners/members if food is forcibly seized, to help replace the food and continue operations. They should also seek out legal help from the Farm-to-Consumer Legal Defense Fund. That helps the operators deal with the the financial threats that hangs over their heads for resisting.
Read the full article here.
The Raw Milk Revolution
Behind America’s Emerging Battle Over Food Rights
by David E. Gumpert
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