Page 77 - Winter2008

The agency placed an embargo on the cows at the Judge Strombom saw the case brought by
farm that lasted over a year, costing the Puck- FDA and the U.S. Attorney for the unwarranted
etts around $15,000 in feed bills before WSDA agenda-driven prosecution that it was. After three
finally gave the couple permission to slaughter years of undeserved persecution and harassment
the cows. In addition, the agency levied $8000 by the state and federal government as well as
in fines against the couple. It took two years for by local media, the Pucketts had at last received
the Pucketts to resolve their case with WSDA. some measure of justice. Hopefully, they will be
Unfortunately for the couple, some of their able to carry on with their lives in peace. Today
shareholders were from Oregon. Not missing an the Plunketts hold nine different permits from
opportunity to create a chilling effect on farmers WSDA, including permits to sell raw milk and
producing raw milk, FDA was able to convince raw cheese.
the U.S. Attorney’s office for the Western District
of Washington to launch a criminal investigation NEW YORK:
of the couple for violations of the Federal Food, MEADOWSWEET DAIRY
Drug and Cosmetic Act (FFDCA) in the fall of On November 18, 2008, Albany County
2007. Faced with indictment by a grand jury and Supreme Court Judge John C. Egan, Jr. dismissed
worn out by the ordeal with the State of Wash- the petition of Meadowsweet Dairy, LLC, for a
ington, the Pucketts accepted a plea bargain from declaratory judgment that the LLC’s distribution
the U.S. Attorney proposing that each plead guilty of raw dairy products to its members was not
to one count of distributing adulterated food in subject to state regulation [see Wise Traditions,
interstate commerce. The public defenders repre- Winter 2007 through Fall 2008 issues for back-
senting the Pucketts and the U.S. Attorney agreed ground on this case]. In holding that the dairy was
on a sentence of a $250 fine and a minimum of under the regulatory authority of New York State
one year probation for each defendant. Department of Agriculture and Markets (NYS-
At the sentencing hearing on September DAM), the judge also denied Meadowsweet
5, 2008, Federal Magistrate Judge Karen L. Dairy’s motion for a preliminary injunction to
Strombom rejected the plea bargain that had prohibit NYSDAM from “conducting any further
been struck, giving each defendant the following inspections, issuing any further search warrants,
sentence: no fine, no probation, and six months and taking any further administrative, civil or
to pay a mandatory $25 court assessment fee. criminal actions against the plaintiffs” during the
In pronouncing sentence on the defendants, course of the litigation between the two parties.
the judge said their guilty plea was “sufficient The case turned primarily on whether the
punishment.” She stated, “I don’t see how we LLC members were to be considered as “consum-
accomplish anything by having these two people ers” under the law. Under state regulation anyone
put on probation. I just don’t get it.” who sells, offers for sale or “otherwise makes
Nancy Tenney, the public defender represent- available raw milk for consumption by consum-
ing Anita, had done research and found that the ers” is required to get a permit. The definition Judge
U.S. Attorney’s office for the Western District of “consumer” that Judge Egan adopted was so Strombom
of Washington had not taken on a single food broad that even someone keeping a family cow saw the case
adulteration case going back at least eight years. would be required to obtain a permit. In ruling
In the mid-nineties, when three children in that that the LLC members were “consumers,” the brought by
district had died (and hundreds of people had judge found that Steve and Barbara Smith (the FDA and the
become sick) from consuming the undercooked farmers and member-managers of the LLC) were U.S. Attorney
meat from the Jack-in-the-Box food chain, this required to obtain a raw milk permit. In addition,
same office did not bring any criminal charges the judge found that the Smiths were required to for the
against the chain for causing the foodborne out- obtain a milk plant permit if they wanted to sell unwarranted
break, despite a finding by the Washington State dairy products other than milk. The milk plant agenda-driven
Department of Public Health that Jack-in-the-Box permit would do the Smiths little good because
had clearly violated federal food safety standards it only allows the sale of pasteurized dairy prod- prosecution
by its practice of undercooking meat. ucts. that it was.

WINTER 2008 Wise Traditions 77