Page 97 - Summer2008

THE MARK NOLT CASE IN PENNSYLVANIA

Pennsylvania Department of Agriculture (PDA) officials (including Bill Chirdon, Director of PDA’s Bureau of Food
Safety and Laboratory Services) and state police raided the farm of Newville dairyman Mark Nolt on April 25, arrest-
ing Nolt and seizing up to $50,000 worth of product, supplies and equipment. Mark was taken to a hearing before
a magisterial district judge in Mount Holly Springs where he was charged with five counts of selling raw milk without
a permit. After the hearing, Mark was released, returning to his farm on foot rather than accepting a ride in a police
car.
The state’s treatment of Mark and the peaceful gathering of onlookers was a disgrace. At one time there were
six state police cars on the premises. When Mark tried to ask a policeman what the state’s authority was for being on
his property, the policeman kept cutting him off as if he were trying to provoke a confrontation. The police threatened
to arrest anyone who set foot onto Mark’s property, even denying access to Mark’s father and brother who live on the
same lane.
In executing the search warrant, PDA seized items they were not authorized to take. The warrant stated that the
agency was to seize only equipment used to bottle or package milk and products manufactured from milk. PDA ignored
the warrant, taking parts to a cream separator and pieces of cheesemaking implements.
In applying for the warrant, Chirdon also ignored the department’s own conditions for seizure recently set forth
in a PDA guidance document entitled “Permits Allowing the Sale of Raw Milk for Human Consumption” (dated March
20, 2008). According to the document, PDA is only to seize raw milk and raw milk products when, in the opinion of the
Secretary of the department, the products are either “considered unsafe or a menace to public health.” There was no
allegation in Chirdon’s application that any product produced by Mark was unsafe. The agency had tried unsuccessfully
in the past to link Mark’s products to foodborne illness.
On May 5 Mark had a hearing in Mount Holly Springs in connection with the five citations for selling raw milk
without a permit. The magistrate found him guilty on four of the five counts, fining him $4300. Mark indicated that he
planned to appeal the fine. Unfortunately, this was not the end of Mark’s troubles.
In an appearance April 30 before a magistrate at the Newville Magisterial District Court, Mark was informed by
the judge that he was facing two additional charges for selling raw milk without a permit. A hearing has been scheduled
for June 3 in Newville. Mark has also been informed that there are an additional three citations pending against him
for selling raw milk without a permit.
It is possible that the FDA may also take action. Two FDA officials were present at Mark’s May 5 hearing. In August
2007, the agency sent Mark a warning letter informing him that he was selling unpasteurized milk and milk products in
interstate commerce for human consumption in violation of 21 CFR 1240.61.
Efforts have been made to help Mark, his wife Maryann and their eight children. The Farm-to-Consumer Foun-
dation has donated money to Mark. In addition, a June 21 fundraiser has been planned for them (see details at www.
westonaprice.org/calendar/MarkNoltWebInvite.pdf).
The April 25 raid was the second time PDA executed a seizure against Mark. On August 10, 2007, the agency
took over $25,000 of product, supplies and equipment, executing the seizure shortly after the Commonwealth Court
found Mark in contempt for violating an injunction prohibiting him from selling raw milk and raw milk products without
a permit. Since dropping his raw milk permit in 2006, Mark has contended that he was not subject to the state licensing
requirement because he is exercising his right to sell via private contract to his customers.
Mark is considering becoming a member of both CARE (Community Alliance for Responsible Eco-farming) and
the Farm-to-Consumer Legal Defense Fund (FTCLDF), but as of this writing he had not yet joined either organization.
For the latest developments on the cases covered in this update, go to www.thecompletepatient.com. Those who
have not joined the Farm-to-Consumer Legal Defense Fund are encouraged to do so. Membership applications are
available online at www.farmtoconsumer.org or by calling (703) 208-FARM (3276); the mailing address is 8116 Arlington
Blvd, Suite 263, Falls Church, VA 22042.
While Mark battles it out in the courts, two bills are working their way through the Pennsylvania legislature. One
would require the Department of Agriculture to expand the raw milk permitting process to allow the sale of any dairy
product made from raw milk including butter, “soft” cheese, ice cream, yogurt, etc. Currently these products are not
allowed even though they are in great demand. The second bill takes a different approach to the same matter by requir-
ing the department to issue permits for the sale of raw milk and products made from raw milk by members of certain
entities registered with the department. Those entities would then be responsible for their own inspection and testing
under guidelines approved by the Pennsylvania Department of Agriculture.

SUMMER 2008 Wise Traditions 95