The origins of the chicken bans?

[HenPenny]

http://fooddeclaration.org/

This list, though not complete, shows many of the incidents that have occurred in the past 7-10 years.

Aggressive and forceful raids against America’s small farms, farmers, co-ops and private buying clubs by state and federal regulatory agencies, updated as new information becomes available.

Spring 2004—Organic Pastures–California
Without notice, the FDA in association with state agencies visited Organic Pastures Dairy Company (OPDC) and carried out a multi-day investigation. The initial authority provided at arrival was suggested that the FDA was visiting to look at cheese production. On the second day of the inspection/ investigation an FDA investigator (Special Agent Jennifer King) was found secretly and illegally rapidly taking pictures of customer files of PET food sales and colostrum sales. OPDC demanded that the FDA leave and return the next day so that OPDC attorneys could respond to the illegal and unauthorized taking of customer data and file information. The FDA was found illegally operating outside of its jurisdiction, they were very embarrassed and did not return for five years.

March 6, 2006—Gary Oaks–Ohio
Gary Oaks was stopped in a Cincinnati parking lot while passing out milk to a dozen shareholders, ordered into cars of plain-clothes agents from Ohio Department of Agriculture (accompanied by Cincinnati Police cruisers) and questioned so intensively, he collapses and is rushed to a hospital. He is released shortly after, and hospitalized three more times during the upcoming six months with symptoms of post-traumatic stress disorder. His shareholders pitch in to milk the cows and deliver milk so as to keep the farm running. Later in the year, he pays a $500 fine to settle the case. Full Report

October 13, 2006—Richard Hebron–Michigan
Richard Hebron is stopped on Interstate 94 in Michigan, on his way to deliver milk to several hundred shareholders in Ann Arbor. A Michigan State Police cruiser signals his pickup truck over, and orders Richard to get out and put his hands on the hood. The trooper pats him down, and directs him to drive a mile up the road, to a rest area, where four or five Michigan Department of Agriculture agents show a search warrant take his cell phone, and begin off-loading some of the 453 gallons of fresh raw milk he carried in coolers, along with kefir and butter made from raw milk, some $7,000 worth of product—and his wallet and cell phone. After a six-month investigation, a county prosecutor decides against criminal charges, and Richard settles for a $1,000 “administrative” fine. Full Report

August 2006—Amos Miller–Pennsylvania
Amos Miller Food was red tagged and embargoed. Aajonus Vonderplanitz ghost writes motion to quash. Judge throws the case out of court and quashes the complaint against Ammos Miller. Miller continues supplying food.

February – October 2007—Greg Niewendorp–Michigan
February: Greg Niewendorp sends legal notice to Michigan Department of Agriculture (MDA), alienating his property and notifying of non-compliance in the state’s unlawful, dangerous experimental TB cattle testing and eradication program. MDA quarantine’s his farm.
August 21: Two state police trespass on Niewendorp’s property – with a state vet in wait around the corner – to coerce him into testing. Niewendorp escorts them off the property
October 7: The state vet, enforcement agents, and representatives of the MDA, warrant in hand, with police and SWAT teams standing by down the road, trespass on Niewendorp’s farm, forcing his cattle to be used for the state’s experimental program and RFID ear-tagged for the National Animal Identification System.

April 2007- April, 2008—Mark Nolt–Pennsylvania
April 2007: Pennsylvania Mennonite dairyman Mark Nolt chooses to not renew his state “permit” to sell fresh milk on his farm, citing his God-given inalienable rights.
August 2007: Nolt’s property is raided by federal and state agents; $25,000 worth of milk, milk products and dairy equipment are taken. Following the raid, Mark’s customers and supporters organize a rally to support him, drawing media attention, including a detailed editorial in Lancaster Farming,
April 2008: Nolt is raided again, more equipment and property are taken along with milk and milk products, Nolt – father of nine – is charged and taken away by police.

2007—Organic Pastures Dairy Company–California
The FDA launched a secret sting operation focused on stopping interstate sales of OPDC raw dairy pet food sales. Two undercover FDA investigators posed as OPDC customers and ordered OPDC products from Reno Nevada and Seattle. The order conversations were taped and used as criminal evidence of violation of CFR 1240.61. Then FDA uncover agents then went to the private homes of the two OPDC employees after hours and attempted to get those employees to wear a secret wire. The agents told the young female employees that they would be financially compensated if they wore the wires in an effort to catch Mark McAfee in criminal activity. The employees refused and instead immediately went public and told the media about what the FDA was trying to do. FDA was highly embarrassed and dropped all pending subpoenas and eventually dropped all charges.

Dec. 2008—Barb and Steve Smith—New York

December 2008—Stowers Family–Ohio
Stowers family home raided by SWAT team. SWAT team holds the Katie and her children, at gunpoint for more than half a day…all while her husband Chad is serving in Iraq. Here are specifics:
http://www.farmtoconsumer.org/manna-learn.html
http://www.thecompletepatient.com/j...ell-navy-seabee-chad-stowers-the-real-wa.html
The Stowers filed suit against Ohio officials, and the case has bogged down.

May 1, 2009-May 2010—Max Kane–Wisconsin
http://www.thecompletepatient.com/j...n-continues-wi-moves-on-5th-amendment-ri.html
May 1, 2009: Max Kane served subpoena by Department of Justice to appear and produce records, papers and documents on June 18, 2010 at Vernon County courthouse.
December 21, 2009: Kane’s Court date in Viroqua, WI. Judge gave an oral ruling for Max to comply with the subpoena and denied Max’s motion to strike, setting Max up for a charge of “Contempt” in the event he refuses to comply.
Febuary 26 , 2010: Kane files a notice of appeal
March 18, 2010: Kane’s date for deposition with DATCP to obtain all his records of customers, financials, etc. — Just before deposition is to start, Max walks across hallway to clerk, and files with the court a motion for relief pending appeal. Then Max walks back across hallway and serves WI Assistant Attorney General Phil Ferris and DATCP Legal Counsel Cheryl Daniels with a motion for relief pending appeal. Max walks out of building just before the time of the scheduled deposition was to start. Max leaves before he could be disposed.
April 19, 2010: Kane’s court hearing date in Viroqua. Counsel Rich argues. Judge Rosborough rules on motion for relief pending appeal and stops DATCP from further enforcement of Kane’s case until his appeal process is completed. Judge Roseborough suspend his previously signed order signed January 26, 2010 www.rawmilkparty.com

April 8 and April 15, 2009—Bechards–Missouri
In Missouri the law is that you can sell raw milk on the farm and deliver it without a permit. The daughters of Conway, Missouri farmers, Armand and Teddi Bechard, allegedly sold raw milk to undercover agents from the Springfield-Greene County Health Department in the parking lot of Mama Jeans Natural Food Market in Springfield, Missouri. The city of Springfield filed criminal charges against Armand for operating without a food establishment permit; Springfield Municipal Court found Armand Bechard guilty and fined him $250. Armand appealed the decision to the Greene County Circuit Court and the judge threw out the case, ruling that Bechard was not the proper subject of the lawsuit; any suit should have been filed against his daughters. While the City of Springfield was bringing criminal charges, the State of Missouri petitioned the Greene County Circuit Court for an injunction against Armand and Teddi Bechard to limit their delivery of raw milk to the home of customers; the Bechards had been delivering raw milk to a central distribution point which is more convenient for both the Bechards and their customers. The trial has not been held yet on the state’s petition.

 

[Huskeriowa]

Thats a lot of information henpenny. I do believe that the government can be and is in a lot of cases out of control. However nothing that I read, (and maybe I missed it) said anything about providing food strictly for their own use and 'giving' the excess to others. The ones I read at least had to do with selling their product as a business for a 'profit' to the general public. I believe that the government oversteps itself however I also believe that the main justification for permits is to pay for inspectors to ensure that the food produced is safe for general consumption? I dislike taxes as most do but if someone is trying to skirt paying them so others have to pick up their slack then I do not support them. Personally... If i am buying dairy products or meat from someone I don't know, I want to know that they are inspected and are forced to keep their sanitation etc at an acceptable level to insure the health of my family. As a consumer I am willing to pay a higher dollar amount to help insure that the food I am eathing is safe.

March 6, 2006—Gary Oaks–Ohio
Gary Oaks was stopped in a Cincinnati parking lot while passing out milk to a dozen shareholders, ordered into cars of plain-clothes agents from Ohio Department of Agriculture (accompanied by Cincinnati Police cruisers) and questioned so intensively, he collapses and is rushed to a hospital. He is released shortly after, and hospitalized three more times during the upcoming six months with symptoms of post-traumatic stress disorder. His shareholders pitch in to milk the cows and deliver milk so as to keep the farm running. Later in the year, he pays a $500 fine to settle the case. Full Report

'Questioned so intensively he collapses?' And somehow gets traumatic stress disorder from questions? I doubt it. If he is selling the milk for profit which he is, then he is aware he needs a permit. Not much to get stressed over when you aren't trying to get away with something. Personally I am not sure that notation backs up your position but more is a story of someone that likes drama.


Then again maybe I am naive and over estimate the risks that can potentially be associated with food production.

 

[Mac in Wisco]

Quote:
Not really. There are definitely risks.

All of the info that Henpenny provided had to do with food safety. While the dairy industry has been campaigning hard against raw milk sales, they aren't necessarily scared of competition, they are trying to protect their industry.

We see it happen over and over. The "conventional egg scare" of last year that was caused by salmonella from a few large-scale egg farms affected the industry the industry as a whole. Regardless of where any specific eggs came from, consumers were put off of buying eggs for quite a while. The organic industry did pick up some sales, but it generally disrupted sales industry wide.

The same happened last week. There was a huge e. coli outbreak in Europe. Originally the finger was pointed at produce from Spain, but tests later found that to not be true. Yet the damage was done. Buyers sourced produce from elsewhere leaving Spanish farmers with product rotting on the loading docks.

There was a big push for raw milk sales in Wisconsin last year and a bill was passed by the legislature, but vetoed by the governor under pressure from the dairy industry. I am torn between the the two sides. While I would love to see new markets open up for small farmers, I do feel that governor was right to veto it. This is the Dairy State and our reputation needs to be protected. Any outbreaks of disease due to raw milk sales will only hurt Wisconsin dairy markets as a whole. You can't say outbreaks won't happen. They happen with illicit sales and will happen with permitted sales, and the damage to sales markets won't just be confined to the farms that cause it.

 

[Sonoran Silkies]

Perhaps require periodic testing of raw milk and raw milk products as well as the facilities where they are produced?

 

[dretd]

Quote:
Gary Oaks was' stopped in a Cincinnati parking lot while passing out milk to a dozen shareholders'... because of the regulations in place regarding raw milk, some folks sell shares of their cows to others. Its as if you have 10 people buy a share of your cow (you retain the majority of shares) and you feed it and take care of it and then the primary shareholder milks the cow and gives out the other folks share of the milk the cow produces. Its a way around the ban on raw milk since you are in fact just getting your milk from your cow.
Quote:
It is possible he was roughly handled and could really have been stressed out. A friend of mine was handcuffed and thrown in the back of a police car after being stopped for an expired trailer tag. I know because I was there. I can still hear her 6 year old asking me 'why is that man pointing a gun at mom?'. Serious over-reaction on their part and I am still traumtized by the incident.

 

[Rhett&SarahsMom]

I know that in my neighborhood "back in the day" most of the houses had "yard birds" the houses were all built from 1910 to about 1940. One of my neighbors grew up in the hosue her daughter now lives in. Her husband built their home after they married on the fmailies property.

She has mentioned not only free ranging chickens, but also geese. They love having our girls in the neighborhood. Even though they dont get eggs from us.

My girls are in a run. they are no louder than another neighbors dog.
Quieter than the traffic and ball games going on down at the park on the main drag
I do have one neighbor that just moved in.. he concerns me. My girls are "flying under the radar" sort of. The city animal control officer is aware of them.. and other back yard coops. But has left us alone since my direct neighbors dont complain. This new guy is across the street and is already causing issues for the entire neighborhood over.. and I kid you not. GRASS CLIPPINGS AND LEAVES

He bothers me on my girls and he will regret moving in. Mine will be in the basement with daily turn out before I get rid of my pets.

 

[HenPenny]

In our neighborhood I don't see any justification for any noise complaints. We are near the DFW airport. Evening air traffic is so loud you cannot hold a conversation outside. Same with the new AMtrack train that just started running about 3 blocks over. Not to mention I-35 Hwy semi trucks. The FORD dealership announces LOUDLY phone calls and pages on the PA system all day long. Behind my property fork lifts and delivery trucks all day long. Who on earth would care if some chickens are clucking or rooster crowing? Ha...ha!

 

[danfan]

I suspect it's 'all of the above'. In our area, you need 5 acres or more to have chickens, which came about after farmland turned into subdivisions. We cannot even put up fences without permits, or & in the subdivisions they cannot even hang the laundry out (because that implies you can't afford a washing machine and are 'common')
With all that in mind, and the bigger farms adding to the pressure on those making the laws, there are very few people to stand up and say STOP!

I find neighbors' chickens to be far less of a nuisance than neighbors' ever-breeding cats that terrorize the neighborhood, but WDIK about fair laws?

 

[NightingaleJen]

I agree with danfan; 'tis all of the above, and it's a shame. Particularly considering the present state of the economy, it seems disgraceful that so many municipalities are rushing to ban backyard flocks—when the people who want such birds would at least be able to provide healthy food for themselves and maybe a neighbor or two in the event of an unforeseen calamity or even a glitch in the food supply (remember the tomato scare?). Only those with very large lots may have chickens in our neighborhood, and just last year (or perhaps the year before), the city across the river, Steubenville, OH, banned backyard chickens and only gave people a few weeks to find somewhere else for their birds! I'm not sure if folks could grandfather their flocks in or not, but it was and is disgusting to me. Do these cities want people to be looking to them for food, or would they prefer we be able to provide our own?

Of course, a few neighbors have dogs that make such a racket a body has to close the windows and turn a fan on in order to get enough peace to sleep at night. *sigh*

Okay, rant over...

Free the chickens! LOL

 

[Sore Thumb Suburbanite]

Quote:
Thats crazy...and people think chickens are offensive noise pollution...I think the ford dealership PA system is pretty funny...I would likely be calling them all day just to hear them announce my call to somebody-but I am sick (still immature) like that.
Heck, I visited my friends in missouri and there are only cow sounds...and they are soooo loud (right next to the house) I loooooooooove it! I love animal noises...except bored dog barking/yapping... In my city in the 70s a pet store burned down and the little vietnamese owner let all his birds free so they could escape... now we have a resident population of the LOUDEST most ABNOXIOUS wild red-headed green mexican parrots numbering in the thousands and spreading to other cities! I grew up with the racket so I LOVE IT, I even miss it when I am out of town! Sometimes you can't hear anything but them... I think natural noises are so entertaining. My ducks are now contributing to the neighborhood music!

You know with all the activity from the FDA on animal products, do you know how many bottled water companies, subsidiaries and plants they hound...? NONE! And the things that bottled water has inside are completely untested, unregulated and ignored. Its either water from communities who can't fight for their water rights or its filtered tap--but its all in poisonous plastic that leeches chemical compounds that lead to sterility and cancer agitation...but the FDA leaves them all alone because they are all big business. You should see what process they use to make these disposable bottles and how few of them end up recycled!

My Husband and I are seriously considering moving when we turn 40 to another country and starting over... the US is getting so SICK and Restrictive and its completely losing its global identity and failing to address and treat its citizens' needs as any type of priority... so demoralizing... I had completely lost hope in staying until I found BYC... unbelievably this site has given me so much more hope in people again. Lets all move to a few states and suceed from the US.