Page 83 - Fall2011
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RAW MILK UPDATES by Pete Kennedy, Esq.

                  CALIFORNIA: THE RAWESOME RAID
                      On August 3, 2011 federal, state and local government officials raided the Rawesome Foods store in Venice, seiz-
                  ing food, records, computers and cash from the store. The officials seized almost the entire food inventory at the store,
                  dumping out all the raw milk on the premises and carting the rest of the seized food out on trucks that were suspected
                  to be heading towards a county landfill. At the same time this was going on, police were arresting James Stewart, Sharon
                  Palmer and Victoria Bloch.
                      Stewart, the owner of the Rawesome store in Venice, had defied an order by the Los Angeles County Health De-
                  partment prohibiting the re-opening of the store after it was temporarily shut down by a government raid on June 30,
                  2010 (see Wise Traditions Fall 2010 issue for background). He believed the court had no jurisdiction over the club and
                  reopened the next day. Government officials seized records and a computer from Stewart’s home as well, in addition to
                  taking nine thousand dollars in cash he had on his person. Stewart was charged with thirteen felony and misdemeanor
                  counts, the majority of which related to the production and sale of raw milk and raw milk products. Bail was originally set
                  at one hundred twenty-three thousand but was later reduced to thirty thousand dollars. Before he was released, Stewart
                  had to prove to the judge that the bail money did not come from his business proceeds, a treatment mostly reserved for
                  drug dealers.
                      Palmer, the owner of Healthy Family Farm in Santa Paula, had been raided three times before by government officials
                  and had been arrested in 2008 for the production and sale of raw dairy products. Like Stewart, the majority of the ten
                  felony and misdemeanor counts she was charged with were related to the production and sale of raw dairy products.
                  Bail was set at over one hundred twenty thousand dollars but later reduced to sixty thousand dollars. Palmer also had to
                  prove to the judge that the bail money did not come from her business proceeds.
                      Bloch, the Weston A. Price Los Angeles chapter leader, worked for Palmer as an independent contractor taking orders,
                  signing members up for Palmer’s CSA and being responsible for communications for the farmer. Bloch was charged with
                  three felony conspiracy counts related to the sale and distribution of raw dairy products and labeling violations. The three
                  underlying crimes that Bloch was charged with “conspiring to commit” were misdemeanors. Bail for the WAPF chapter
                  leader was initially set at sixty thousand dollars but she was released on her own recognizance.
                      Much of the illegal activity the three were accused of centered on a herdshare contract the Rawesome Club in Venice
                  had with Palmer. Rawesome owned forty goats that were boarded at Palmer’s farm. As part of the contract, Palmer was
                  to provide raw dairy products to the Rawesome members. Criminalizing Rawesome’s use of its property is an ominous
                  development for food freedom of choice and the sanctity of private contract. An agreement like the one Rawesome had
                  with Palmer was the only way its members could obtain raw goat milk and raw goat milk products within the state of
                  California (see Wise Traditions Summer 2009 issue for background).
                      There were nine different government agencies taking part in the investigation of Rawesome and Healthy Family
                  Farms including the U.S. Food and Drug Administration (FDA), the California Department of Food and Agriculture (CDFA),
                  the Los Angeles County Department of Public Health, and the California Franchise Tax Board. The questions now arising
                  involve who funded the investigation and why the state of California is putting so much time and resources into the in-
                  vestigation at a time when the state is in such poor condition financially. There had not been any complaint about anyone
                  becoming sick from consuming the food produced at Rawesome. The Rawesome raid was the most extreme police state
                  action taken yet in an effort to criminalize the activities of those who have opted out of the government-sanctioned food
                  system.
                      A pretrial hearing has been scheduled for the Rawesome defendants in the Los Angeles County Superior Court
                  October 6.

                  CALIFORNIA: EVERGREEN ACRES GOAT FARM
                      CDFA enforcement actions weren’t limited to Rawesome. The agency sent a cease-and-desist letter to a Mendocino
                  County herdshare operation and worked with the district attorney’s offices in El Dorado and Santa Clara Counties in
                  investigating shareholder dairies. The DA’s office in both counties each sent a letter to a shareholder dairy within its juris-
                  diction warning the dairy that it was violating state laws. In the case of the Santa Clara County dairy, Evergreen Acres Goat
                  Farm of San Jose, the letter demanded that the dairy stop distributing raw milk immediately with the threat of criminal
                  prosecution if it didn’t.
                      The May 18 letter to Mike and Jane Hulme, owners of Evergreen Acres, accused the Hulmes of illegally manufacturing
                  and selling dairy products. The letter informed the Hulmes that “the unlicensed manufacturing or processing for resale
                  of any milk or milk product is a crime, punishable by a fine of up to ten thousand dollars and/or imprisonment of up to
                  one year in the county jail.”

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