Legal sparring has begun between raw milk farmer Michael Hartmann and the state of Minnesota’s Department of Agriculture over E. coli linked to his milk products. Via MPR News:
Southern Minnesota dairy farmer Michael Hartmann has asked a district court judge to remove a state embargo on the sale of raw milk food products from his farm.
The state Agriculture Department prohibited off-farm sales after health officials traced an E. coli outbreak which sickened eight people to the Hartmann farm. Hartmann argued in court Thursday that his farm is not the source of the illnesses.
Despite the fact that the E.coli responsible for this outbreak was found in Hartmann’s animals,and no where else in Minnesota, the dairyman argues that the specific microbe was not found in foods that sickened people, even though manure was found on surfaces in the dairy.
State investigators admit that’s true, but say that’s not unusual in E. coli investigations. They say typically by the time the illnesses come to their attention, the food which caused the problem has either been consumed or thrown out.
State officials say they did find harmful E. coli in Hartmann cheese samples, even though it’s not the specific strain indentified in the outbreak.
The state’s best evidence in the case may be the unusual genetic fingerprint of the E. coli O157:H7 which caused the illnesses. Investigators call it a rare version of the bug. In fact, the Hartmann case is the first time it’s been found in Minnesota.
State officials say the fact that it turned up in both the victims and in Hartmann’s animals proves his farm is the source of the illnesses.
Hartmann responds that E. coli O157:H7 lives in cows, and can be found in about one-third of feedlot animals. He says the presence of the dangerous bacteria on his farm is simply a result of it being a dairy farm.
Typically the argument goes that small non-feedlot dairies don’t carry pathogenic E. coli 0157:H7. But without a smoking gun, er, microbe, this is a good technical argument to make on Hartmann’s part.
so the hospitalized child(ren) was a figment of our imagination also?
hartmann, TFM and schlangen all have been cruising for a fight with MDA for years. they appear to have no respect for any food related regulation. i get the impression they basically think anyone should be able to peddle any food without any restrictions.
thank god our system of democracy works and we have government institutions that seek to protect us from even the most well meaning but misguided people.
“i get the impression they basically think anyone should be able to peddle any food without any restrictions.”
now where would this idea come from?? Oh, yeah just the Minnesota State Consititution!!! It states, “any person may sell or peddle the products of the farm or garden occupied and cultivated by him without obtaining a license therefor.”
“thank god our system of democracy works and we have government institutions that seek to protect us from even the most well meaning but misguided people.”
Yes, thank goodness for our government. Because of them, we have the highest rate of obesity, health issues soaring through the roof, children developing autism/diabetes/cancer/you name it, at an alarming rate, a failing economy, a failing heathcare system, oil poaring into our ocean, the list goes on and on! Should we all just through up our hand and say “well i guess that the government”. Don’t we all have the right to question the government and hold them to our constitutional rights? We need to start speaking up for our rights! And I have a right to provide my faimily with healty, natural foods direct from the farmers! And our farmers have a right to make a living sellig their products to people how want them!
The government is responsible for oil pouring into the ocean? I think British Petroleum actually had a hand in that somewhere along the line…
But I agree with the final point: Farmers and consumers should be able to strike a deal through direct sales in which the government doesn’t tax or make hefty requirements of the farmer. I personally believe that extends to raw milk production, home brew, marijuana, and most other agricultural products. I doubt many agree with me, but I’m used to that.
When the state constitution was written, there was no conception of what E. coli was, or that intrastate trade would become so intricate that even small farms could do serious damage to public health. So where I part ways with libertarian doctrine is licensing. I’m ok with asking farmers to get a license if they want to sell raw milk anywhere but through the farm gate. Abiding by a higher level of hygiene and safety practices if they want to sell raw milk seems like a good idea to me, if farmers want to bottle it themselves or sell product away from the farm.
That’s how it works in the European Union, at least in countries where raw milk is legal to sell.
is not up for debate. Neither you or the govenment gets to decide what part of the constitution is followed and what part is “out of date”. Would you be ok if the govt decided that no one exept miitary and police could own guns? After all nobody really hunts for their food anymore so why do we need guns? The Consititution is the foundation of ths country and is NOT up for debate.
Additionaly, when a farmer sell or peddles his products to the consumer this is not a public sale. This is a private sale! Most of the rules and regulations apply to sales to the general public. They do not apply to this case because these were private sales.
Well, of course the constitution is up for debate. We debate it all the time,and have, throughout American history. And, as written, it’s not always correct or thorough to the changing time (a black person’s right to vote, for example), so additions and amendments are often made.
Furthermore, if the federal constitution guarantees to promote general health and welfare, but the local state constitution says we can’t interfere with local farmers right to peddle, and such peddling may endanger general health and welfare, someone is going to have to interpret how those laws work together.
That said, I think I might agree with your last point about private vs. public sales when it comes to raw milk. Is that a legal definition that’s already on the books, or are you expressing your opinion that that’s how it should be?