On this sobering day when people around the world unite to March Against Monsanto and the day after the US Senate voted by a wide margin (71-27) to reject an amendment by Sen. Bernie Sanders (I-Vt.) to allow states to require labels on food or beverages made with genetically modified ingredients, a courageous farmer gives us all reason to celebrate.
Vernon Hershberger of Baraboo, Wisconsin has been on trial this past week for the criminal charge of distributing unpasteurized milk from his Grazin’ Acres dairy farm without obtaining a milk producer’s license. He was also charged with operating a retail food establishment and dairy plant without a license. A fourth charge involved violation of a hold order placed on his dairy products after the state raided his farm.
The prosecution had previously offered Vernon a deal if he pled guilty to 2 of the 4 charges – he would pay a fine and be placed on probation. The final condition stipulated that he would agree to never sell or distribute raw milk products again without a license.
Vernon refused the deal and chose to go court.
In the highly anticipated verdict yesterday, Vernon Hershberger was found not guilty of 3 of the 4 charges against him by a jury of his peers:
- Not guilty of operating a retail food establishment without a license.
- Not guilty of operating a dairy farm as a milk producer without a license.
- Not guilty of operating a dairy plant without a license.
Vernon was found guilty of the fourth charge, however, for violating the hold order placed on his dairy products after the state’s raid on his farm. At sentencing, he faces up to one year in jail and/or a fine of up to $10,000.
According to David Gumpert, author of The Raw Milk Revolution and writer at The Complete Patient, the guilty verdict is ironic as Vernon was forced to violate the holding order in order to be charged criminally and thereby be eligible for the jury trial which ultimately acquitted him on the three licensing charges.
While the verdict is a big win for private buying clubs everywhere and affirmation from the court for the ongoing work of Grazin’ Acres, the possibility of jail time or a hefty fine no doubt loom large for the Hershberger family.
So as we March Against Monsanto in our communities today, let’s keep in mind that it isn’t just large crowds of people worldwide that will stop the growing threat of corporate Food Fascism, but courageous small farmers like Vernon Hershberger who are paving the way for our food rights and standing firm for the sacred relationship between farmer and consumer by refusing to cut deals or shut down in the face of aggressive harassment by the State.
Sarah, The Healthy Home Economist
Source: HERSHBERGER VERDICT: NOT GUILTY (X3) & GUILTY (X1)
Picture Credit
The gov will appeal until they get this case into the federal courts where the judges are all under the feds’ control…then it will be overturned. That’s the way they always do it, to get around We the People on the juries.
It was apparent, to those who were watching 13 years ago that the more the State of Wisconsin pressed its case and tried to make its arguments the less sense they made to informed consumers and the population whose taxes were used to promote that line of thought.
DATCP backed away in 2002 from the first trial on private rights for those who wish to invest in their health, and it is good to see that the good people of Wisconsin still do not agree with this broad interpretation of the State and its over site of personal choice brought forward in this case.
Many thanks to not just Vernon but to his family who are as involved as he is in the uncertainty of the last year.
I hope todays sunrise is brighter than yesterdays and may its warmth give you strength.
Tim
No problem. Thank you for posting about it! As one of Vernon’s attorneys, it’s near and dear to my heart. 🙂 If you want more info like that, my page at Real Food Law also has info.
Thank you for explaining that so thoroughly Amy.
My absolute joy is unbounded. Love you Vernon
The guilty verdict is a one time thing … the work of Grazin Acres can continue as it has which is a huge win for private buying clubs from what my sources are saying.
I’m not sure if this can really be considered good news. It’s my understanding that he was found guilty of the most serious charge and still faces up to 1 year in jail and a $10,000. fine.
Victory for humanity! <3
It was a victory for food freedom. Acquittal on the licensing violations allows the ongoing work of the farm to continue. The holding order, which he was found guilty of violating, was an order the state issued during its armed raid of the farm on June 2, 2010. The order said no one could use (or even move) the fresh food in the farm pantry, which was owned by the Hershbergers and the other farm owners (also referred to as club members). Instead, this highly-perishable food had to be left to rot. The state agents put seals on the refrigeration units so they would know whether food moved between the time of the raid and whenever they returned. Vernon testified that he could not allow thousands of pounds of food belonging to his family and others to be wasted like that, so he broke the seals the state had placed on the food and allowed its owners to take it. The order has no ongoing effect and his acknowledged breaking of the seals was a one-time thing. As it turns out, that holding order never should have been issued, based on the verdict of acquittal on the licensing violations. But, pre-trial motions by the State kept out any argument that the order was not valid. All the jury was told was that there was an order and it was violated.
Thank you for telling us what really happened. I am sick to death of the spin the media uses. Justice needs to prevail or we have nothing. God bless and save America.
“…based on the verdict of acquittal on the licensing violations.” wouldn’t the holding order be the fruit of the poison tree?
Dianne, “wouldn’t the holding order be the fruit of the poison tree?” I like that. Is that a legal term like “unclean hands”?
Yes, they ALL have unclean hands since they’re all engaged in RICO (racketeering). All “crimes” are commercial and they’re making money hand (no pun intended) over fist with their court cases.
Whoo Hooo!!! Chalk one up for the good guys 🙂