Page 85 - Fall2012

RAW MILK UPDATES
by Pete Kennedy, Esq.

MISSOURI – BECHARD FAMILY FARM
On July 31 Armand and Teddi Bechard entered into a consent agreement with the State of Missouri, ending a case
that began in 2009. On two occasions in the spring of 2009, undercover agents from the Springfield-Greene County
Health Department allegedly purchased raw milk at the Bechards' central delivery point, a health food store parking lot
in Springfield.
The Missouri State Milk Board through the state attorney filed a lawsuit to enjoin the Bechards from delivering
raw milk and cream to their customers at a central distribution point. Missouri statute allows for the sale and delivery
of raw milk by unlicensed farmers; however, the Milk Board was insisting that raw milk could only be delivered to the
customer’s residence while prohibiting delivery at a central distribution point. The Greene County district attorney’s
office also brought a criminal action against Armand for allegedly selling milk at a premises off the farm; he was later
acquitted on appeal in January 2011.
FTCLDF General Counsel, Gary Cox, provided the following summary of the settlement: "On July 31, 2012, Armand
and Teddi Bechard entered into a settlement agreement with the Missouri State Milk Board over allegations that the
Bechards illegally sold raw milk at a parking lot. The consent judgment, signed by Judge Michael J. Cordonnier, enjoins
the Bechards from selling milk to 'strangers' who have not previously arranged for the sale and purchase of raw milk from
the Bechards.
"However, the Bechards are free to sell raw milk to anyone they want and, after the sale has been arranged, can
deliver the raw milk anywhere they want. In fact, the Bechards are allowed to deliver the raw milk to the customer’s
home, to a central distribution point like a parking lot in a shopping center, or to the customer at the Bechards’ own
farm.
"The prohibition against selling raw milk to 'strangers' would mean that the Bechards, when making a delivery to
a central distribution point or at any other location, could not sell milk to anyone who 'walks up' to them and who has
not previously arranged for the sale and purchase of the raw milk. In entering into the consent judgment, the Bechards
did not make any admissions to any of the State Milk Board’s claims or allegations."

WISCONSIN – VERNON HERSHBERGER
The trial of Loganville dairy farmer, Vernon Hershberger, for four alleged criminal violations of the Wisconsin food and
dairy code has been postponed until January 7, 2013 at the Sauk County courthouse in Baraboo; Judge Guy Reynolds
has set aside five days for the trial. The trial was originally scheduled to take place on September 25 (see Wise Traditions
Spring and Summer 2012 issues for background).
Hershberger, who had been representing himself since the criminal complaint against him was filed, has retained
the Farm-to-Consumer Legal Defense Fund (FTCLDF) to represent him at the trial. FTCLDF vice president and Wisconsin
attorney, Elizabeth Rich, will be litigating the case for the Fund.
The latest pretrial hearing in the Hershberger case was held on July 11. During the hearing, Judge Reynolds ruled
on motions filed by the Wisconsin Attorney General designed to prevent the jury from hearing information presented
by the defense on the U.S. or Wisconsin constitution, Hershberger’s religious beliefs and jury nullification as well as a
request to prohibit any comment on the effect a conviction would have on Hershberger. The filing of the motions was
an indication of the state’s concern about the courageous farmer’s popularity in the community and throughout Wiscon-
sin. The state attorney general’s office and the Wisconsin Department of Agriculture, Trade and Consumer Protection
(DATCP) are determined to keep any focus off of how DATCP has made it difficult for dairy farmers to make a living
and how the agency has limited consumer freedom of choice by cracking down on raw milk sales.

FEDERAL – CDC LETTER
The Centers for Disease Control (CDC) continued the federal government’s ongoing campaign to prohibit raw milk
sales and consumption in a July 18 letter to state epidemiologists and public health veterinarians entitled, “The Ongo-
ing Public Health Hazard of Consuming Raw Milk.” The letter, written by Dr. Robert Tauxe, states that its purpose “is
to provide state and territorial public health officials with information and resources on the risks of consuming raw milk
and other unpasteurized dairy products.” After trotting out the usual statistics and arguments about the dangers of raw
milk, the letter concludes by stating that “to protect the health of the public, state regulators should continue to support
pasteurization and consider further restricting or prohibiting the sale and distribution of raw milk and other unpasteur-
ized dairy products in their states.”

Wise Traditions FALL 2012 FALL 2012 Wise Traditions 85

101665_text.indd 85 9/14/12 1:33 AM