Posts Tagged NICFA

FDA Raids Amish Farmer Dan Allgyer

FDA Raids Amish Farmer Dan Allgyer
Please take action (see ACTION at end of notice)

Kinzers, PA-At 4:30 a.m. on Tuesday April 20, Amish farmer Dan Allgyer went outside to begin milking his small herd of dairy cows.  On the normally quiet Kinzer Road in front of his farm, just a few miles from the Nickel Mines Amish massacre of 2006, several unfamiliar vehicles drove slowly past.  Two months prior, on February 4, FDA agents had trespassed on Allgyer’s farm, claiming to be conducting an “investigation.”  Allgyer had suspected they would be back at some point, because many other small dairy farms around the country have been similarly treated by the FDA. Following is Dan’s account of Tuesday morning’s events:

I became aware of the cars as soon as I walked out on the sidewalk as part of my morning routine around 4:30 a.m. and immediately said to myself something is going on, there is too much traffic on Kinzer Road.  I was watching and noticed three cars were cruising down Kinzer Road right behind each other, and immediately thought, hey, that looks like trouble. I watched and pretty soon one car came back and parked on my neighbor’s farm, on private property, just as the FDA agents had when they came on my property in February; it was exactly the same place.

A couple minutes later, the other two cars pulled up and joined the first on my neighbor’s property, where the occupants appeared to be in conference with one another. Shortly after that, they turned their headlights on and drove in my lane – this would have been at about 5:00.

I stood back in the dark barn to see what they were going to do. They drove past my two Private Property signs, up to where my coolers were, with their headlights shining right on them. They all got out of their vehicles – five men all together – with big bright flashlights they were shining all around. My wife and family were still asleep. When they couldn’t find anybody, they prepared to knock on the door of my darkened house. Just before they got to the house I stepped out of the barn and hollered at them, then they came up to me and introduced themselves. Two were from the FDA, agent Joshua C. Schafer who had been there in February and another. They showed me identification, but I was too flustered to ask for their cards. I remember being told that two were deputy U.S. Marshals and one a state trooper. They started asking me questions right away.  They handed me a paper and I didn’t realize what it was. Agent Joshua C. Schafer told me they were there to do a “routine inspection.” At 5:00 in the morning, I wondered to myself? “Do you have a warrant?” I asked, and one of them, a marshal or the state policeman, said, “You’ve got in your hand buddy.” I asked, “What is the warrant about?” Schafer responded, “We have credible evidence that you are involved in interstate commerce.”

They wanted me to answer some questions, my name, middle initial, last name, wanted to know how many cows we have on the farm. I answered those questions and some more. Finally, I got over my initial shock and said I would not be answering any more questions. They said O.K., we’ll get on with the “inspection.”

I went to go talk to my wife. As I walked away, they held a quick excited conversation and I heard one of them say, “I’ll take care of him.” At that point, apparently, they had designated one of the marshals to stick close to me and dog my footsteps. He followed me as I walked toward the house. I went in the house quickly and told my wife a few words to let her know the situation, then immediately came back out of the house before the marshal had time to follow me in. When I came back out, they were inspecting all the coolers sitting out. They spent about a half hour digging through the packed coolers filled with milk and other food – all private property – taking pictures.

At one point during the cooler inspection the state trooper said to me, “You have a nice farm.” I responded, “We’re trying to be sustainable, but they don’t want to let us.”

While they inspected the coolers, I read the warrant. Among other things it said that any search was to be conducted “at reasonable times during ordinary business hours.” When I exclaimed, “Ordinary business hours!” and pointed this out to the marshal who was dogging me, he said, “Ordinary business hours for agriculture start at 5:00 a.m.” I challenged him that the warrant does not say agriculture hours, it said ordinary hours. He replied, “That’s what the government told us.”

Then they started looking around, as though in search of something in particular. They went up to one door that had a clear No Trespassing sign on it, specifically including government agents, and they did not go in the room, though they shone their flashlights around in it. Then they asked me, “What is on the other side of the door in that [same] room?” Agent Joshua Schafer asked this. I looked him in the eye and did not answer. When they saw I was not going to answer, the other FDA agent said, “Okay, come on,” to agent Schafer, and they went into the room and through the closed door on the opposite side. I had another one of those signs on my walk-in cooler adjacent to my freezer, so they went through that door also. They spent probably another half hour rooting around, like a couple of pigs, in the freezer and cooler area and took many pictures.

When they came out, they asked me where I keep my containers and jugs for milk, and I refused to tell them. I figured they could look for themselves. Then they were walking all over the farm, checking everything out, everything except the house. Agent Joshua Schafer even opened my dumpster and inspected inside it, as though he thought I was hiding something in it. At that point I went and started milking my cows – it was way past milking time.

When I was just about done milking, Schafer and the other agent came in the barn and wanted me to answer some more questions. I told them I would not. The second agent said, “Are you gong to deliver those coolers to Bethesda and Bowie Maryland?” I just looked at him. Then Schafer made a gesture and said, “The stickers with those towns names are on the coolers,” as through to say, you might as well tell me.

I replied, “I told you I won’t answer any questions.” After that they said, “We are done for today. You’ll be hearing back from headquarters.”

Then they got in their car and left. The state trooper and the marshals had left already.

They came in the dark, shining bright flashlights while my family was asleep, keeping me from milking my cows, from my family, from breakfast with my family and from our morning devotions, and alarming my children enough so that they first question they asked my wife was, “Is Daddy going to jail?”

THE NEXT MORNING Allgyer received an overnight, extremely urgent Letter of Warning from the FDA stating that “Failure to make prompt corrections could result in regulatory action without further notice. Possible actions include seizure and/or injunction.”

ACTION: Please call and write the number and address below. Express yourself. Tell them that you support Dan Allgyer. If you drink fresh, unpastuerized milk tell them that. Tell them that more people every day are drinking fresh milk and this is going to increase. It’s not going to stop no matter how many farmers they persecute. Tell them the government has no place between individuals and the farmers from whom they get their food.

Philadelphia District Office
Serves Delaware and Pennsylvania.
Food and Drug Administration
U.S. Customhouse
Second and Chestnut Streets, Room 900
Philadelphia, PA 19106
(215) 597-4390 8:00 a.m. – 4:30 p.m. (Eastern time)

Yours for real food freedom,
Deborah Stockton, Executive Director
National Independent Consumers and Farmers Association (NICFA)
nicfa@earthlink.net
http://www.nicfa.com

Our purpose is to promote and preserve unregulated direct farmer-to-consumer trade
that fosters availability of locally grown or home-produced food products.
NICFA opposes any government funded or managed National Animal Identification System.

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Libertarian Farmers Lobby Against S. 510

by Helena Bottemiller | Mar 13, 2010

It is not every day you find Amish farmers serving raw milk in the U.S. Senate. But this week a group of libertarian, small, sustainable, organic farmers were serving up the unpasteurized milk–which the U.S. Food and Drug Administration (FDA) deems dangerous–to Senate staff and local food advocates as part of an effort to push back against pending federal food safety regulations.

Raw Jersey Cow Milk from Amish Farms, Pennsylvania being served in the Dirksen Senate office building.

Raw Jersey Cow Milk from Amish Farms, Pennsylvania being served in the Dirksen Senate office building.

The National Independent Consumers and Farmers Association (NICFA), whose mission is to “promote and preserve unregulated direct farmer-to-consumer trade,” organized a lobby day Wednesday to rally opposition to the Senate FDA Food Safety Modernization Act (S. 510), a bill that would increase FDA inspections of food facilities and give the agency mandatory recall authority.

It is unclear exactly how or where NICFA fits into the lobbying scene. Most food policy experts inside the beltway know very little about the organization, and many characterize NICFA as a fringe group. The National Sustainable Agriculture Association (NSAC), an active force for sustainable agriculture in DC, doesn’t work with NICFA.

“We’re not working with them on anything, including food safety,” NSAC spokeswoman Aimee Witteman told Food Safety News in an email. “I don’t know much about them other than their opposition to National Animal ID. My sense is that they’re fundamentally opposed to any new food safety legislation–aren’t interested in trying to improve the food safety regime while also making it more targeted on the riskiest practices.”

It is also unclear how any members NICFA has or who exactly funds the organization. Many food policy insiders suspect the Weston A. Price foundation, a non-profit proponent of raw milk and whole foods, gives the group financial support. A spokesperson for NICFA said the group is funded exclusively through private donations but declined to provide any details.

Curious as NICFA may be, their reception on Wednesday had some libertarian star power. Former presidential candidate and small government hero Congressman Ron Paul (R-TX) kicked off the reception with his usual stump speech and Joel Salatin, a farmer-turned-celebrity, for his appearance in best-selling Omnivore’s Dilemma and Oscar-nominated Food, Inc., emceed the event.

Joel Salatin, of Polyface Farms (seated), and Congressman Ron Paul (R-TX). Photos by Helena Bottemiller.

Salatin, a self-described “Christian-libertarian-environmentalist-lunatic farmer,” fired off a number of clever sound bites to his audience, which appeared to be mostly NICFA members.

“When the government gets between my lips and my food, I call that invasion of privacy,” said Salatin. “By what science is feeding your kids Twinkies, Ho-ho cakes, and Mountain Dew safe–but raw milk, homemade pickles, and compost-grown tomatoes are dangerous?”

“Our nation has the lowest per capita food expenditure, but the highest per capita health care expenditure of any developed nation,” he said. “Welcome to safe, deadly food.”

Though the event piqued the curiosity of many food policy wonks, no one seems concerned NICFA’s efforts could derail S. 510, a bill that enjoys broad, bipartisan support, but has yet to be scheduled for a vote.

David Gumpert, a health blogger and author of The Raw Milk Revolution who also spoke at the reception, indicated on his blog this week that the response to NICFA’s message was hard to gauge.

“My meetings with congressional aides were pleasant, but difficult to assess,” wrote Gumpert. “This seemed a fairly common reaction among other citizen lobbyists. Maybe the most encouraging thing about the aides I met was that they seemed genuinely interested in what I had to say.”

“Most discouraging was that the aides seemed not to know very much about key problems in the food safety legislation–the absence of significant exemptions for the smallest food producers and farms, the huge financial burden imposed by the requirement for HACCP (hazard analysis critical control point) plans, and the imposition of Good Agricultural Practices (GAP) standards on farmers,” he added.

Consumer and public health advocates have been insisting for months that though they are open to “scale-appropriate” food safety regulations, no food grower or processor should be exempt from the food safety system.

“We do have issues with anything that provides any blanket exemptions,” Sandra Eskin, director of the food safety campaign with The Pew Charitable Trusts, recently told Food Safety News. Pew is a key member of the Make Our Food Safe coalition (MOFS), a broad coalition of consumer, public health, and industry groups pushing for the passage of S. 510.

“Food should be safe regardless of its source — big processor, small farm, conventional operation or organic grower,” said Eskin.

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