Posts Tagged Fines

Amish Farming Draws Rare Government Scrutiny

Amish Plowing

Matthew Stoltzfus, left, on his farm in Lancaster, Pa., where a government program is working with Amish farmers to try to instill more environmentally sound methods for handling runoff.

By SINDYA N. BHANOO
Published: June 8, 2010

LANCASTER, Pa. — With simplicity as their credo, Amish farmers consume so little that some might consider them model environmental citizens.

“We are supposed to be stewards of the land,” said Matthew Stoltzfus, a 34-year-old dairy farmer and father of seven whose family, like many other Amish, shuns cars in favor of horse and buggy and lives without electricity. “It is our Christian duty.”

But farmers like Mr. Stoltzfus are facing growing scrutiny for agricultural practices that the federal government sees as environmentally destructive. Their cows generate heaps of manure that easily washes into streams and flows onward into the Chesapeake Bay.

And the Environmental Protection Agency, charged by President Obama with restoring the bay to health, is determined to crack down. The farmers have a choice: change the way they farm or face stiff penalties.

“There’s much, much work that needs to be done, and I don’t think the full community understands,” said David McGuigan, the E.P.A. official leading an effort by the agency to change farming practices here in Lancaster County.

Runoff from manure and synthetic fertilizers has polluted the Chesapeake Bay for years, reducing oxygen rates, killing fish and creating a dead zone that has persisted since the 1970s despite off-and-on cleanup efforts. But of the dozens of counties that contribute to the deadly runoff of nitrogen and phosphorus, Lancaster ranks at the top. According to E.P.A. data from 2007, the most recent available, the county generates more than 61 million pounds of manure a year. That is 20 million pounds more than the next highest county on the list of bay polluters, and more than six times that of most other counties.

The challenge for the environmental agency is to steer the farmers toward new practices without stirring resentment that might cause a backlash. The so-called plain-sect families — Amish and Old Order Mennonites, descended from persecuted Anabaptists who fled Germany and Switzerland in the 1700s — are notoriously wary of outsiders and of the government in particular.

“They are very resistant to government interference, and they object to government subsidies,” said Donald Kraybill, a professor at Elizabethtown College who studies the Amish. “They feel they should take care of their own.”

But the focus on the plain-sect dairy farmers is unavoidable: they own more than 50 percent of Lancaster County’s 5,000-plus farms.

“It’s been an issue over the last 30 years,” Dr. Kraybill said. “We have too many animals here per square acre — too many cows for too few acres.”

For now, the environmental agency’s strategy is to approach each farmer individually in collaboration with state and local conservation officials and suggest improvements like fences to prevent livestock from drifting toward streams, buffers that reduce runoff and pits to keep manure stored safely.

“These are real people with their own histories and their own needs and their own culture,” said John Hanger, the secretary of environmental protection in Pennsylvania. “It’s about treating people right, and in order to treat people right, you’ve got to be able to start where they are at.”

But if that does not work, the government will have to resort to fines and penalties.

Last September, Mr. McGuigan and his colleagues visited 24 farms in a pocket of Lancaster County known as Watson’s Run to assess their practices. Twenty-three of the farms were plain sect; 17 were found to be managing their manure inadequately. The abundance of manure was also affecting water quality. Six of the 19 wells sampled contained E. coli bacteria, and 16 had nitrate levels exceeding those allowed by the E.P.A.

Persuading plain-sect farmers to install fences and buffers underwritten by federal grants has been challenging because of their tendency to shy from government programs, including subsidies. Members neither pay Social Security nor receive its benefits, for example.

Word of the E.P.A.’s farm visits last September traveled rapidly through Amish country, Mr. Stoltzfus said, even though most plain-sect farmers do not have their own phones.

The farmers whom the agency visited declined to be interviewed. But Mr. Stoltzfus, whose brother-in-law was among them, said that as the news circulated, some farmers decided on their own to make changes in anticipation of intervention by the agency.

“I had never heard of the E.P.A. coming out to do inspections,” he said. “I think these practices are going to be required more.”

With help from the Lancaster County Conservation District, Mr. Stoltzfus applied for a government grant to help finance construction of a heifer barn with a manure pit. He expects the grant to cover about 70 percent of the cost.

But some Amish farmers were angered by the agency’s intrusion and its requirements.

“It’s certainly generated controversy,” said Sam Riehl, a farmer in the area. “We wonder whether we are being told what to do, and whether the E.P.A. will make it so that we can’t even maintain our farms.”

Mr. Riehl said he had vowed never to accept a government grant. He does have a manure management plan and a manure pit, he said, although several of his neighbors do not.

Last year the federal Fish and Wildlife Service awarded $500,000 to the Chesapeake Bay Foundation to work with the farmers on switching to barnyard runoff controls, streamside forest buffers, no-till farming and cover crops. The money has been lucrative for local agricultural companies like Red Barn Consulting, which has used some of it to hold milk-and-doughnut sessions in barns for Amish farmers and drop off fliers door to door.

The firm’s owner, Peter Hughes, and his employees instruct the farmers on manure management and do free walkthroughs to offer suggestions. In the last six months, Mr. Hughes said, his plain-sect clientele has soared from several dozen farmers to about 200.

Working with the plain sect presents challenges, Mr. Hughes said. For one thing, the group is deeply averse to salesmanship. Then there is the technological communication problem: most of the farmers share a phone booth along a road with several neighbors.

“I had one client who would call me at 5:15 every morning,” he said. “That was his allotted time to use the phone, and that was the only way for us to talk.”

Most days Mr. Hughes is on the road in his pickup visiting farmers. As he drives, he said, he is often struck by the dichotomy between a would-be pastoral ideal and the environmental reality.

“You see those cows and the fields, and it’s beautiful,” he said. “But then there’s that big pile of manure sitting back there.”

Mr. Stoltzfus hopes he is ahead of the game. By adopting new practices and building the manure pit, he thinks he can both help the environment and steer clear of E.P.A. interference.

At midday, Mr. Stoltzfus was placing a bowl of cut fruit into a propane-powered cooler in his backyard, one of the family’s few concessions to technology. Hand-washed black pants and plain cotton dresses fluttered on a clothesline behind him. He offered a taciturn reflection on how quickly things had changed — his willingness to accept the grant, for example.

“A while back, Old Order Amish would not participate in programs like this,” he said, “but farming is getting expensive.”

And then he ended the conversation.

“Is that all?” he said politely but coolly. “I have work to do.”

It was milking time.

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Judge Rules in Favor of Amish in Animal ID Case

Note: Facts, the application for the grant money to operate the program requires that Wisconsin abide by the terms set forth under the Federal Register. In which the participation must be voluntary and a producer can op-out. The state has breached their contract and are subject to Federal Administrative Relief which may result in repayment of all grant moneys. The USDA also failed to provide warning to the state that it may be sued, under requirements of Article 1 Sec.8 Clause 1 regarding grants under the authority of the General Welfare Clause. See annotated Supreme Court rulings for details.

Paul M. Griepentrog

A decision has finally been made in the highly anticipated case in which the State of Wisconsin was trying to sue an Amish man for not following Wisconsin’s Livestock Premise Registration law. On Tuesday, Clark County Circuit Court Judge Jon Counsell ruled that Emanuel Miller Jr. of Loyal, Wisconsin does have a ‘religious right’ to be exempt from the law, which requires anyone who keeps, houses, or co-mingles livestock to register their premises with the state.

It was noted during court proceedings that the Amish do provide their names and addresses when they buy and sell livestock, and the judge said that doing so should be enough for the state to track down an animal in the event of a disease.

Prosecutors also cited a recent pseudorabies case in Clark County as an example of why the premises law is needed. But Judge Counsell said the state failed to show why alternatives, that would not affect Miller’s religious freedom, would not be just as effective.

The Amish believe the requirement infringes on their religious believes because it could eventually result in the tagging of all animals, or the ‘Mark of the Beast.’ But prosecutors felt with mandatory premise ID, the process of tracking down potentially at-risk farms would be much easier if there were an animal disease. The issue of “government ease” fell short in court to the issue of “religious rights.”

Meanwhile, Paul McGraw, the assistant state veterinarian with the Wisconsin Department of Agriculture’s animal health division says he expects the state to appeal the ruling. A case of this nature regarding a state case, is normally a wearing down of the accused, which judges also tire of.

The NAIS, requiring premises registration, was a program instigated by the USDA. Every state was offered “grant” funds as an incentive to enforce a full mandatory NAIS with arrests and fines for noncompliance. The Wisconsin Department of Agriculture, Trade and Consumer Protection has received over twelve million dollars to tighten the screws on all Wisconsin livestock producers. Their enforcements are the most ruthless of any state with many other pending cases. Their grant moneys are also the largest considering the number of livestock producers in the state.

Wisconsin has been used by USDA as an example of strict enforcements for the nation. Additionally increasing the weakened position of Wisconsin, national resistance to NAIS caused Sec. Vilsack on Feb. 5, to announce the NAIS program was discontinued. Without the backing of federal policy, judicial decisions by Wisconsin are predicted to be very problematic for the state. The Miller case is the first court decision since USDA withdrew the program.

On Feb 5 Vilsack stated that one of the reasons for terminating the NAIS program was that, “USDA had gotten a failing grade on NAIS” and that, “Terminating the program would help overcome some of the mistrust caused by NAIS.” It appears Dr. McGraw still has not arrived to where Sec. Vilsack is, serious work on the Wisconsin “mistrust” issue.

The case at one time was referred to as the state’s first such NAIS prosecution, until a Polk County judge ruled in October that Patrick Monchilovich of Cumberland violated the four-year-old rule after he refused to register his premises. He was ordered to pay a civil forfeiture and court costs. (This was before the USDA Feb. 5 announcement.)

McGraw and Wisconsin have been tossed under the bus by USDA and now Clark County Circuit Court Judge Jon Counsell just tossed them under a convoy of galloping Amish steel-wheeled buggies.

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Wisconsin’s war against agriculture: Fines, imprisonment and property seizure

By Marti Oakley (Food Freedom)

Paul  Griepentrog  inside  the  greenhouseThe first thing they did when they got the authority to write rules… was to grant themselves the authority to conduct warrantless searches. Wisconsin is in the process of coercing farmers and backyard producers … into NAIS, and the accompanying Premises ID program, by threatening to withhold any of the licenses they control.” Paul Griepentrog

In the course of researching various topics, running down leads on information and ferreting out the plans behind the public propaganda used to infringe on one right after another, I sometimes stumble across someone who has so much verifiable information, I am left astounded. This was the case when I happened across a gentleman farmer named Paul Griepentrog while researching the laws and bills about Premises ID and the National Animal Identification System (NAIS).

I already knew the mandatory law had been bought and paid for in Wisconsin through the use of a USDA “cooperative agreement” to the tune of $35 million.

In a recent interview I asked Paul to answer a few questions about what is really happening to Wisconsin residents who are being forced onto these illegal programs:

Q: Does the Animal Health Protection Act of 2003 actually authorize the Animal Identification System or Premises ID?

A:There is nothing in that bill giving them authority to create or establish the National Animal Identification System (NAIS). That law has been misquoted saying that it is the authority for NAIS. We have repeatedly sent letters to USDA and Tom Vilsack asking him to show the section of that law that gives the authority but he refuses to answer or acknowledge the letters.

Q: Has the USDA, in collusion with the Wisconsin AG department, threatened any farms that you know of?

A: Dwayne Brander on behalf of Dr. McGraw, Assistant State Veterinarian, goes out to farms telling them that if they don’t renew or register their premises in the State of Wisconsin they will file suit against them for failing to comply, using the county DA and calling it a civil forfeiture.

Wisconsin is in the process of coercing farmers and backyard producers in an effort to force them onto NAIS and the accompanying Premises ID program by threatening to withhold any of the licenses they control and would refuse to give the license unless you signed up.

Q: Is there a part of the law in Wisconsin that allows for fines and imprisonment based on the sole allegations of these agencies or representative personnel from USDA or DATCP in Wisconsin?

A: Here is section 95 from the Wisconsin bill implementing the “voluntary” NAIS/Premises ID law:

CHAPTER 95

ANIMAL HEALTH

95.23 Disease investigation and enforcement.

95.23(1)

(1) Authorized inspectors and agents of the department may enter at reasonable times any premises, building or place to investigate the existence of animal diseases or to investigate violations of or otherwise enforce the laws relating to animal health. Any animals or materials suspected of being infected may be examined or tested. No person shall obstruct or interfere with such investigation or enforcement work, or attempt to do so, in any manner, by threat or otherwise.

95.23(2)

(2) Upon request of an authorized inspector or agent of the department,sheriffs and police officers shall assist in the enforcement of the laws relating to animal health.

95.99 Penalties.

95.99(1)

(1) Any person who violates this chapter, or an order issued or a rule adopted under this chapter, for which a specific penalty is not prescribed shall, for the first offense, be fined not more than $1,000; and for any subsequent offense fined not less than $500 nor more than $1,000, or imprisoned not more than 6 months or both.

95.99(2)

(2) The department may seek an injunction restraining any person from violating this chapter or any rule promulgated under this chapter.

95.99(3)

(3) A person who violates this chapter or any rule promulgated or order issued under this chapter, for which a specific penalty is not prescribed,may be required to forfeit not less than $200 nor more than $5,000 for the first offense and may be required to forfeit not less than $400 nor more than $5,000 for the 2nd or subsequent offense committed within 5 years of an offense for which a penalty has been assessed under this section. A forfeiture under this subsection is in lieu of a criminal penalty undersub.

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Q: Do citizens have the right to demand a full disclosure of the exact laws and basis under which USDA and Wisconsin have charged them? Is there any defense against these attacks?

A:There seems to be none. In the cooperative agreement it states all applicable federal laws shall apply. There are certain major State and Federal Constitutional issues that these laws are in conflict with.

Q: Who exactly is asking for this information?

A:The Department of Agriculture, State of Wisconsin administered by Assistant State Veterinarian, Dr. Paul McGraw; both knowing this has nothing to do with livestock or food safety. This comes from The World Trade Organization and their trade program OIE.http://www.oie.int/eng/en_index.htm World Organization Animal Health.

Q: Where is the information stored? For what purpose?

A: Initially intake is at state level, and then it moves through forms records management plan. There are different steps on how they process this information. From everything I read, a disease outbreak would give state, federal and international interest’s access.

Q: Who is storing the information?

A:Wisconsin Department of Agriculture and then to Wisconsin Livestock Identification Consortium with (WLIC) as final repository in Canada. The WLIC is comprised of various agriculture groups, breed associations and companies selling RFID tags.

Rep. Obey & Sen. Kohl helped to get WLIC started and moved the data base to Canada. The head of WLIC initially was Gary Tauchen who is now a Wisconsin representative and sitting on the house AG committee.

In my own case, I have been registered twice after the fire number on my property changed. Once under the original number and my name and again under the newly assigned number and my farm name; I did not register for Premises ID on either occasion and was signed up without my knowledge or consent.

Q: If the WLIC is listed as the last repository of data mined information, how did files on Wisconsin agricultural properties end up being stored in Canada?

A:WLIC with the help of Rep. Obey and Sen. Kohl although I don’t know for sure how this was accomplished. The intention was to avoid any Freedom of Information Act (FOIA) request or open information requests until they passed the 2008 Farm Bill and included a provision in that bill saying that these files would not be available to FOIA requests.

Q. Who had access to these files when they were outside the country?

A: We don’t know. Once it was outside US jurisdiction we had no way of knowing.

Q: Are you able to get copies of your personal file from the Canadian data bank?

A: I was able to obtain the premises information pursuant to the forms records management plan. To my knowledge I am only the second person to do so.

Q: We know these programs have nothing to do with tracking animal disease and are actually meant to end competition for industrialized agricultural interests, and to seize control of agricultural lands and livestock….who are the actual players that will benefit from these programs?

A:The big corporate industrialized agriculture operators….Cargill, Tyson, Monsanto and others, because they would see the end to competition and obtain virtually full control over all agriculture.

Q: Are Wisconsin politicians either state or federal willing to speak to you about NAIS, Premises ID or the fake food safety bills?

A:On the Federal level, Sen. Kohl and Rep. Obey will not take my calls.

(*Writer’s note: I made my own calls to these offices and when I stated what I was calling in reference to, the staffers got really nasty and then hung up)

In fact Sen. Kohl’s staffer, Kim Cates’ husband is on the Agriculture Consumer Protection Citizen board. He would not even meet with John Kinsman of Family Farm Defenders to discuss the issue.

On the state level are the continuous lies. These people will say Premises ID has nothing to do with NAIS. They say this even though they have been shown the cooperative agreement between USDA and Wisconsin DATCP outlining Premises ID as the first step. They refuse to look at or acknowledge the legal documents.

DATCP had a document on the Wisconsin Legislative information Bureau site saying that the Amish don’t have any problem with this. If the Amish don’t have a problem with it why are they suing Emmanuel Miller Jr., an Amish from Clark County?

Steve Kagen would not address our concerns and he’s on the US house Ag sub- committee that held a hearing on NAIS and is also involved in the food safety bills and won’t address our concerns even there. He is working right now to get funding to move Wisconsin into phase II of NAIS which is the mandatory chipping and tagging of all animals.

I will say that Sen. Feingold has been willing to listen to our concerns both in his Washington office and in the state office.

montages  photobucketAlthough there is a bill in Wisconsin which would restore voluntary participation I feel it is nothing more than an attempt at political redemption by the same people who passed the mandatory bill to begin with, in that they are fully aware that this bills will be sent to the House Ag committee and never see the light of day. This is merely political posturing…. The house, senate and government are all controlled by Democrats. This may be nothing more than a smoke screen while they make mandatory phase II which is the tagging and chipping, which can’t be done unless you have a Premises ID.

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Paul Griepentrog shows that, in the end, what was billed and sold to Wisconsin farmers and herders as a strictly “voluntary” system turns out to be a mandatory system operated much like a police state enforcement policy. There can be no doubt, especially in light of the hyped up investigation and enforcement policies that this law in Wisconsin is less about disease and more about property seizure and forfeiture.

Wisconsin is the blueprint for the remaining states: what happens there is going to happen to all independent ranchers, farmers and producers across the country if any of these fake food safety bills, or National Animal Identification System (NAIS) is passed into law.

© 2009MartiOakley

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Maria Minno: This bill is a threat to small farms

HR 2749, the Food Safety Enhancement Act of 2009, includes a number of alarming provisions:

Going Out of BusinessFirst, HR2749 would give FDA the power to order a quarantine of a geographic area, including “prohibiting or restricting the movement of food or of any vehicle being used or that has been used to transport or hold such food within the geographic area.” This undermines food security, because under this provision, our safest sources of food, farmers markets and local food sources, could be shut down arbitrarily, even if they are not the source of the contamination. The agency can halt all movement of all food in a geographic area. This is too much power for a governmental agency!

Second, this act authorizes warrantless searches. The FDA, which has proven itself to be highly biased against local farmers and any competition to industrial food producers, to make random warrantless searches of the business records of small farmers and local food producers, without any evidence whatsoever that there has been a violation. Even farmers selling direct to consumers would have to provide the federal government with records on where they buy supplies, how they raise their crops, and a list of customers. This is too much power for an irresponsible government agency such as the FDA.

Third, what this act refers to as “traceability” is actually most likely to be a huge threat to small sustainable farms. The Secretary of Health and Human Services would be charged with establishing a tracing system for food. Each “person who produces, manufactures, processes, packs, transports, or holds such food” would have to “maintain the full pedigree of the origin and previous distribution history of the food,” and “establish and maintain a system for tracing the food that is interoperable with the systems established and maintained by other such persons.” Whether or not this is NAIS or something even more extensive, the bill does not explain how far the traceback will extend or how it will be done for multi-ingredient foods. With all these ambiguities, it’s far from clear how much it will cost either the farmers or the taxpayers.

Fourth, this act will impose severe criminal and civil penalties, including prison terms of up to 10 years and/or fines of up to a total of $100,000 for individuals.

Fifth, HR 2749 would impose an annual registration fee of $500 on any “facility” that holds, processes, or manufactures food. Although “farms” are exempt, the agency has defined “farm” narrowly. And people making foods such as lacto-fermented vegetables, cheeses, or breads would be required to register and pay the fee, which could drive beginning and small producers out of business during difficult economic times.

Sixth, HR 2749 would empower FDA to regulate how crops are raised and harvested. It puts the federal government right on the farm, dictating to our farmers. Heaven help us if this happens!

Maria Minno

Gainesville

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