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Raw Milk Herdshare Shut Down in San Jose
It is outrageous that a small family farm is being told to cease and desist their goat milk herdshare or face large fines and imprisonment, when what they are doing is completely legal! There are no laws against having a herdshare in California, and in fact, by the nature of a herdshare, the customers are partial owners of the goats. The authorities are essentially saying that people are not allowed to milk their own goats! I strongly encourage everyone who is concerned about this issue to contact the Santa Clara County District Attorney and express their disgust that they would harass local farmers in this manner.
Laurel Blair, NTP
www.dynamicbalancenutrition.com
Why Are Regulators & Prosecutors Trying to Run San Jose's Last Farm Out of Town?
by David Gumpert
The Complete Patient
Herdshares have been sprouting like grass in a well-watered pasture out in California. No one knows exactly how many there are, but by some estimates, there are 65, or possibly even 100 or more.
As in many states, California has no explicit rules regarding herdshares--in other words, they're not illegal. Because the herdshares have been allowed to sprout unimpeded, it was thought California's Department of Food and Agriculture was taking a hands-off approach...until now.
Yesterday, law enforcement and regulatory representatives met with two herdshare operators in San Jose, owners of the last remaining farm in San Jose city limits, and gave them a heavy dose of intimidation. Down in the lobby of the office of the Santa Clara County District Attorney, at least 20 herdshare members and supporters demonstrated, waving placards in support of their raw milk producer (see photo above).
The herdshare operators, Mike and Jane Hulme, owners of Evergreen Acres Goat Farm, have been running their herdshare for six years, during which time it's grown to nearly 200 full and partial participants. "It was finally at break-even," Mike Hulme told me. He and his wife tend to about 50 goats, with as many as 30 currently milking. They also breed goats, and have in the past run the farm as a petting zoo.
In late May, the Hulmes received a cease-and-desist letter from the Santa Clara County district attorney's office. Yesterday, they met with an assistant district attorny, Nahal Irwani-Sani, and via conference call with a representative of the California Department of Food and Agriculture, Scarlett Treviso, of the Milk and Dairy Food Safety division.
There were the threats--talk of a possible fine of $10,000 and a year in jail for violating California's dairy laws. They said the herdshare wouldn't be allowed even if the shareholders milked the goats themselves. They refused to allow Pete Kennedy of the Farm-to-Consumer Legal Defense Fund to participate via conference call because he isn't licensed to practice in California. Yeah, what a bunch of tough guys with a couple of struggling farmers unable to hire the $500-an-hour lawyers places like Kellogg and Dole bring to the table. "They basically said, 'You need to get a dairy license or go to jail," Mike Hulmes said afterwards. In the meantime, the couple is abiding by the cease-and-desist, and unable to provide herdshare members, who come from around the Bay Area, with milk at the height of milk production.
Mike Hulme said the couple isn't interested in having a full-scale dairy production business, and making the investment of many thousands of dollars in equipment and buildings that would be necessary (and likely wouldn't even get city approval) to obtain a license. "Milk is part of what we do, breeding is part of what we do."
Read the rest...
Re: Raw Milk Herdshare Shut Down in San Jose
Here is a copy of a letter that I am mailing to the Santa Clara County District Attorney this morning:
Dear District Attorney Rosen,
I am writing today to express my outrage over the harassment of Mike and Jane Hulme, owners of Evergreen Acres Goat Farm. The actions that have been taken against them can only be described as harassment, due to the fact that what the Hulmes are doing (operating a raw goat milk herdshare) is not illegal. By threatening them with legal action, you are making it clear that you don’t support the rights of your own constituents to make contracts. The members of the herdshare are legal owners of the goats in question, and they have a right to have them milked as they see fit.
Furthermore, you are wasting your taxpayers’ funds with this harassment of family farmers, who are only trying to provide for the needs of their community. There is a great demand for raw milk. Who are you to tell people they cannot have it when it is legal? By taking these actions, you have demonstrated a blatant disregard for the concerns of your own constituents and a willingness to use their own funds against them. Surely in Santa Clara County there are more pressing concerns that you could be addressing. Instead you have chosen to create a hostile environment for the people who work hard for little pay to bring high-quality food to their community.
I am currently a resident of Sonoma County, but there is a possibility that I will relocate to San Jose in the near future, so I see this issue as directly affecting me. I also see it as affecting people everywhere who own private property and cherish their right to make their own decisions regarding their property. Please take a moment to consider how you would feel if an authority attempted to take away your own right to private property. I know that you can find it in you to reconsider and do the right thing for the people of Santa Clara County.
Laurel Blair, NTP
Re: Raw Milk Herdshare Shut Down in San Jose
Here's a petition we can sign:
Stop the CDFA closing California Raw Milk Farms
Target: Assembly Member - Nora Campos, DA Jeffrey Rosen, County Supervisor David Cortese, City council Rose Herrera
Sponsored by: Mike and Jane Hulme, EVERGREEN ACRES GOAT FARM
They're also accepting contributions.
Quote:
Posted in reply to the post by DynamicBalance:
Here is a copy of a letter that I am mailing to the Santa Clara County District Attorney this morning:
~snip~
I am currently a resident of Sonoma County, but there is a possibility that I will relocate to San Jose in the near future, so I see this issue as directly affecting me. I also see it as affecting people everywhere who own private property and cherish their right to make their own decisions regarding their property. Please take a moment to consider how you would feel if an authority attempted to take away your own right to private property. I know that you can find it in you to reconsider and do the right thing for the people of Santa Clara County.[/I]
Laurel Blair, NTP
