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15 Tons of Cheese Trashed After Two Year Raw Milk Battle Ends and Sheriffs Called In to Carry Out Order

Feb. 1, 2013 11:04am Liz Klimas

A two-and-a-half-year fight over a batch of raw milk cheese produced in Howell County, Mo., ended last week when 15 tons of the unpasteurized cheese had to be taken to the dump, the KY3 reported.

The decision in Howell County was made by the State Milk Board. The board, which falls under the state’s department of agriculture was established in 1972 to “encourage orderly and sanitary production, transportation, processing and grading of fluid milk and processed milk products for consumption intrastate as well as interstate.”

The thousands of pounds of cheese in question made by Morningland Dairy was held during the more than two year legal battle after tests of the product showed harmful bacterial contamination. But the farmers believe it was wrongly tested.

The controversy of raw milk products is not limited to Missouri. Last year, it was reported officials from the California Health Department had visited the homes of raw milk customers to confiscate the unpasteurized products. Other states have seen regulatory issues with the dairy products, which are favored by many natural food fans, as well.

Missouri Farmers Cheese Stored for Two Years in Raw Milk Battle Ordered to Be Destroyed

Farmer Joe Dixon and the an officer from the sheriff’s department sent to carry out the court order to confiscate the cheese. (Image: YouTube)

Here the Farm-to-Consumer Legal Defense Fund, a non-profit that supports the rights of farmers, chronicled the events leading up to the cheese destruction on its blog:

The Milk Board shut down Morningland’s manufacturing operation and ordered all cheese at the facility embargoed on August 26, 2010 after receiving a report from the California Department of Food and Agriculture that Morningland cheese seized in a raid of the Rawesome food club in Venice, California in June 2010 had tested positive for Listeria monocytogenesand Staphyloccocus aureus. Not a single block of cheese in the warehouse had the same batch number as the cheese seized in the Rawesome raid. A Milk Board inspector initially told Joe Dixon that he would only be shut down for a few days—but that changed when FDA stepped up their involvement in the case a short time later and pressured the Milk Board not to let Morningland resume their operations.

On October 1, 2010 the Milk Board sent the Dixons a letter requesting that they destroy the entire inventory of cheese at the facility; when the Dixons refused, the Milk Board filed a petition in the Circuit Court of Howell County to obtain an order for the destruction of the Morningland cheese.

After a two-day trial before Judge David Dunlop, the judge issued a decision on February 23, 2011 ordering the destruction of the cheese. Morningland appealed the decision but on September 27, 2012 the Court of Appeals sided with the Milk Board. A petition to the Missouri Supreme Court to hear the case was rejected on December 18, paving the way for the destruction of the cheese to take place.

KY3 reported the Food and Drug administration tests of the cheese showed nothing out of the ordinary, while private testing showed both Staphylococcus aureus and listeria. Dixon said to KY3 that they requested a trial by jury and were denied as the rules governing the safety of the product were a regulation not a law.

This video by a friend of Dixon shows the milk board showing up on January 25 to confiscate the cheese. The county sheriff’s office is called in due to a group of protesters. Watch the nearly 15 minutes of mild confrontation that ensues between the officers and protesters:

In the video, the sheriff has to explain why officers were taking photographs of the license plates of present protesters. The sheriff says although the protesters have been peaceful, he is documenting who is present in case something were to go awry. The videographer asks if the information collected about the protesters present will be destroyed if no physical problem occurs, to which the sheriff said yes.

The officer maintained he was simply there to ensure that a court order was carried out. It is an order the protesters feel is unjust.

“If the court asked you or told you to confiscate firearms from the citizens of Howell County what would you do? It should be a simple answer,” the videographer said.

(Image: YouTube screenshot)

The officer said he wouldn’t answer the question.

“It hasn’t happened,” the officer said.

When the cheese was dumped, Dixon said he saw the “the destruction of what my wife and I and family have worked to build.” KY3 reported the dairy farmer saying his herd is now gone and he would fear getting a complaint and being shut down again if he were to try and restart.

KY3 contacted the milk board and the department of agriculture, which declined to comment on the case.

(H/T: Sovereign Man)

Editor’s note — We discussed this story on Friday’s BlazeCast:

In CONTROL, Glenn Beck presents a passionate, fact-based case for guns that reveals why gun control isn’t really about controlling guns at all; it’s about controlling us. Find out more HERE.

Back to The Blaze »

Comments (249)

True American66
Posted on February 1, 2013 at 1:58pm
The FDA exerting power over the Milk Board to pit Americans against Americans…Make no mistake, the Federal agencies will do whatever they want to do and for whatever reason they choose to further control the masses. Question: WHO IS THE JUDGE THAT SIGNED THE ORDER?…..I find that most of the time these weak, agenda-driven, drunk-on-power judges are the conduit.

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shayzzwayzz
Posted on February 1, 2013 at 1:56pm
The governments need to keep their paws out of our refrigerators.

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shayzzwayzz
Posted on February 1, 2013 at 1:50pm
Meanwhile, there’s Monsanto killing billions with the poisons they intentionally put in foods, and the Govt does nothing to them. hmmm what’s wrong with this picture?

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innocent1bystander
Posted on February 1, 2013 at 1:46pm
I feel badly for the dairy farmers, seems like they got screwed. I also feel bad for the cops/deputies that were put on the spot here. They were ordered to carry out a court order and looked like they behaved admirably, speaking in a calm voice and de-escalating an emotional situation. They seemed like they genuinely felt bad about what they had to do.

They couldn’t on camera say that they would refuse to follow a court order to disarm the locals. That was a no-win for them, if they say they won’t disarm, they’re out of a job now (and are no use later if they actually would refuse to execute the order). The fact that they wouldn’t say that they would follow the order suggests they would have reservations about doing so. Even the soldiers on YouTube that say they won’t follow illegal orders to fire on American citizens or confiscate guns do so anonymously–doing so publicly means a dishonorable discharge. You can’t say in advance you won’t follow an order–it has to be based on conflict of conscience when the order is given, not a premeditated act of disobedience to chain of command (or in this case a court order). It is clear the deputies were uncomfortable carrying out the order–but they aren’t the judges and unless there is a clear conflict of conscience, they follow the order. Milk board guy says it was tested and found unsafe, protesters say never (properly) tested–Sheriff isn’t going to make the call against the state executive branch on that evi

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True American66
Posted on February 1, 2013 at 1:44pm
This is absolutely frightening…..Those three men, at the end of the tape, are what causes physical altercations, civil uprisings, and tyranny. WHO DO THEY THINK THEY ARE?….better yet, WHO DO THEY THINK THEY SUPPORT?

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- RivahMitch
  Posted on February 1, 2013 at 2:03pm
  Ah yes… the Slick Willy definition of “being a good citizen”… pay whatever taxes the government wants and keep your mouth shut. Nothing happening here… just move along. … you’re not a homosexual or a Jew or a Catholic or a farmer but… when the great collective gets to your door, you’ll be alone. It’s a shame and a waste that so many of us have risked our lives and shed blood for rights you’re too docile to defend or use. Enjoy your slavery of dhimmitude.
  
  Report this comment
TeslanEdison
Posted on February 1, 2013 at 1:38pm
In the end this is all about Taxes and socialistic farming methods, the government wants the milk from farms pooled to a central processing facility that way it can Tax the volume of milk produced and guarantee it’s profits. The Unions involved want to assure a fixed price that is high. Raw milk produced directly by the cow at the farm is not taxable by the same codes and is near untraceable for the purposes of State and Federal revenues. They don’t want farmers or non aligned co-ops to deal in milk, because in the end they are a cartel dealing in milk through regulation and unions, their goal is revenue, even if the milk they make tastes like crap and is horrible for you.

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AmericaMustBeFree
Posted on February 1, 2013 at 1:37pm
These people are no longer American’s they are henchmen for a out of control government. It makes me sick these lawmen or so called lawmen are a big disappointment to all American’s and any sherriff who acts this way against people who have done nothing should be incarcerated themselves. Shame on you men of the badge.. no backbone, no care for your fellow man! These people have been selling cheese for decades and now its a problem because this administration says it is.. when will you stand up for your constituents instead of the big government! The only people you represent is big government.. you do NOT represent your constituents.. you are bullies.. pure an simple! God help us!

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TeslanEdison
Posted on February 1, 2013 at 1:26pm
The silly part is that after 2 years the Acids in the cheese would have killed all the bacteria…. the longer it’s aged typically the safer, if done in the right conditions. My guess is that state didn’t want liability for the loss of product, and was doing anything possible to avoid it.

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- libertylion
  Posted on February 1, 2013 at 3:10pm
  I had raw milk with my lunch today. The FDA/USDA at the federal and state levels are tightly intertwined with BigAg and are assaulting the small farmers. Someone earlier recommeded viewing Farmageddon which tells a truly frightening story that is largely hidden from the masses. There are several others to view on the horrible alliance of BigAg and govt such as Foodinc. The FDA is trumping up charges against small farmers and completely ignoring the conditions of our unhealthy industrial food production system. Research CAFOs if you would like to gain a better understanding of the conditions of the animals in the current system and the impact to the environment.
  
  People are sicker, more obese, and lacking in energy levels and many factors contributing to these issues have been the conversion from whole, locally grown foods to the industrial food production. The Feds have largely contributed this switch and it wasn’t because of their compassion and concern for the citizenry.
  
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Akridgerunner
Posted on February 1, 2013 at 1:19pm
What a shame. This was likely the result of larger producers wanting and lobbying, as in campaign donations, to destroy a small producer that was cutting into their business. Would like to have pulled up to the farm with and filling a pickup with cheese prior to this ridiculous fascist event. I used to dip a 1-gallon jar of raw milk from the cooler every day for our lunch when I worked on a neighboring dairy farm as a 15 yr old. Can never forget the wonderful taste and creamy texture of that raw milk. It was unbelievable and I’d gladly drink it daily for the rest of my life.

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American_Made
Posted on February 1, 2013 at 1:16pm
How much more is the rightful Government of this country going to take? (the people) How many more times being denied your constitutional right to a jury trial are you going to let happen? When will the people stand united for their freedom?

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Carlinpa
Posted on February 1, 2013 at 1:07pm
RE”governing the safety of the product were a regulation not a law.”
Ahh yes the ole ” regulation” the ability of government to usurp the power and authority of the congress , the duly elected representatives of this country to effect their agenda. Only congress can make laws.. so what do liberals do, create a new phrase that is in effect the same.
This is unconstitutional and needs to be stopped.

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meeknotweak
Posted on February 1, 2013 at 12:57pm
THESE FOLKS NEED SUPPORT. THEY ALSO NEED YOU TO STAND UP. Strong communities will be able to stand this onslought against your culture, mind, values. CAVALLO is Correct, read his comments (just to save me repeating). This is a Gross Abuse of Power to a people that are asleep or in a induced coma. WAKE UP. you will be frightened into submission.

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Lordchamp
Posted on February 1, 2013 at 12:52pm
So folks what is different about this and them taking our guns? Is this right or any other for that matter not worth as much energy as the 2nd Amendment?

If they are allowed to take what WE choose to have or do, how can they be anything but tyrants?

Raw milk and raw milk products have been used for thousands of years and now, just within the last 100 years they suddenly became so dangerous as to require tyrants to “protect” us from ourselves?

REALLY?

Ignorance is so blissful. Or powerful. Depending on which side you are on.

BTW, yes I drink raw milk and eat raw milk products and have for years. Before that I could not drink milk without getting sick. Now, no problems and other digestive problems have also gone away.

HUMMMMMM, curious. Could the government actually be wrong about something? Ahhhh no way they are always right. It couldn’t possibly be about controlling every portion of our lives could it?

Tyranny is HERE!

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- Lordchamp
  Posted on February 1, 2013 at 1:07pm
  Some additional information here:
  
  http://www.naturalnews.com/038919_Morningland_Dairy_government_raid_raw_milk.html
  
  Report this comment
RetUSAFVet
Posted on February 1, 2013 at 12:48pm
PLEASE, explain to me again why the LEO’s were taking pictures of the license plates. They use the lame excuse “just in case someone commits a violent act in the future” blah blah blah. If that is the case, the farmer needs a picture of EVERY LEO in that state, just in case an officer roughes up a citizen or makes an unlawful arrest. No threat, this is a just in case situation. Oh, and he promises to destroy the pictures if not needed. ;-) ;-)

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jeffersonian1776
Posted on February 1, 2013 at 12:46pm
Remember that during the Depression, due to farmers’ greed, the Fed Gubmint killed over six million pigs and buried them under the ground, and plowed millions of acres of crops underground, in an attempt to raise prices due to falling supply. Think about that, this was at a time when millions were starving standing in bread lines and soup lines, and many had little money. That was farmers using the state to greedily inact higher price levels. Oh, and the gubmint payed these farmers to destroy their own livestock and crops. So always remember that the state can create wealth–for some, while plundering resources from others.
And to top it off, FDR stole all the gold, thru executive order of course, and then nearly doubled the price per ounce a year later. Why? “For your own darn good, you dummies!”
A society whose money is backed by gold is a freer society and its people much much much less dependent upon the gubmint instituted ponzi schemes. Your dollar gains in value when backed by gold, but when it is just fiat currency (as ours is today) your dollar loses its value–thus, if you save your money until a time later down the road, you’re a chump because it’s worth less then than it is right now–so you cannot buy the same amount of stuff in the future as you can at the given moment. Do you ever fell like you are being plundered?

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GuruMeditation
Posted on February 1, 2013 at 12:43pm
Such situations are the likes of what created people like Billy the Kid.

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GuruMeditation
Posted on February 1, 2013 at 12:41pm
It’s time for all LEO’s in the US to really start thinking about what they should do when they are stuck between the people and the hammer and sickle of communism that has infiltrated our legal systems. It’s here. They all know what they should do, but will they do the right thing after being conditioned in this system where historically, we could all, including LEO’s', trust authority, but today trusting authority blindly can be risky business. Not trusting them can be too.

Spoiled trust makes things dangerous for everyone.

Sad. Sad it is.

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- Lordchamp
  Posted on February 1, 2013 at 12:56pm
  This says it even better:
  
  http://mountainguerrilla.wordpress.com/
  \
  
  Report this comment
warhorse_03826
Posted on February 1, 2013 at 12:39pm
raw milk…legal in NH! one of the reasons the free staters are coming here!

along with no seat belt laws, helmet laws, shall issue carry permits and open carry with no permit…shall I go on?

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- GhostOfJefferson
  Posted on February 1, 2013 at 2:34pm
  “raw milk…legal in NH! one of the reasons the free staters are coming here!”
  
  I envy that. Used to be like that here in living memory.
  
  “along with no seat belt laws, helmet laws, shall issue carry permits and open carry with no permit…shall I go on?”
  
  The only thing you got on my state is the seat belt law. Everything else is the same. Plus, we don’t have that really annoying east coast accent that sounds like we’re buggering a goose whenever we talk. :)
  
  Report this comment
jeffersonian1776
Posted on February 1, 2013 at 12:30pm
They know what is best for you to put in your own body, don’t ever forget it! You peasants

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jeffersonian1776
Posted on February 1, 2013 at 12:27pm
The state is very effective at plunder and wasting valuable resources, is it not?

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jeffersonian1776
Posted on February 1, 2013 at 12:25pm
Why should the state be able to stand between what someone trades with another? The tyrants always try to stand between two entities trading resources “for their own good.” Was their an actual crime committed here, or is this a preemptive strike by the state? So, what, are they going to stop me if I start selling dandelions from my lawn, to those who wish to benefit from the numerous health benefits from dandelions?
The state is the exact reason why there is an epidemic with bedbugs right now, something that was almost wiped out decades ago, but they are back–not in spite of the state, but because of the state.

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smartchickwithglasses
Posted on February 1, 2013 at 12:24pm
As a resident of Howell County, I can say that most of us are outraged about what happened to Morningland Dairy. I have followed this story for the past couple of years and am sad this could happen here in the Ozarks, where we still count ourselves as free from too much intrusion. Guess not so much anymore. Thanks to the Blaze for carrying this story and giving the Dixons some more coverage.

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VetMike
Posted on February 1, 2013 at 12:19pm
Absolute disgrace! One, this is just another state bureaucrat pushing people around. The State Boards of Milk or whatever are usually created at the behest of large milk conglomerates. They will use any excuse to push these family farms out of the market. Two, the sheriff refused to answer the question about gun confiscation. I am sure that is because he either has not thought about what he would or he has made the decision to continue being a puppet to the State. It has become almost impossible to defeat against the State no matter how right you are. This is our fate if we don’t start acting at the local and state level. Vote the ba&t@rds out!

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rightwinder
Posted on February 1, 2013 at 12:19pm
The courts did not uphold law or constitution…this was just a case of harmless regulation. (see key quote from article below) That is the problem with regulation, it is taking, regulating, and taxing without representation.

This sounds familiar….

“Dixon said to KY3 that they requested a trial by jury and were denied as the rules governing the safety of the product were a regulation not a law.”

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pookieamos
Posted on February 1, 2013 at 12:15pm
This country is gone of more people don’t rise up against this MADNESS ! This country belongs to WE, THE PEOPLE , not THEM ! We have such corruption running throughout every government agency . We have Monsato poisoning us with their GMO’s.We have an EPA destroying our coal plants , weakening our energy supply. We have the EPA mandating the use of E15 which will harm our vehicles and also makes our food more expensive. We have increased CAFE standards that will basically end production of the combustion engine. We have Obamacare that’s going to lead to premature deaths in our seniors and to the youngest of our society. Obamacare will also KILL jobs. We have politicians that’s won’t close the borders , while wanting to legalize millions then hand them SSI , food stamps , housing , welfare , schooling , daycare. We have a DRAFT BILL introduced by Charlie Rangel in 2011 that will give the president the power to reach in and snatch our sons and DAUGHTERS up to the age of 42 , I REPEAT 42 , and send them to wherever in the world the president so chooses. PEOPLE HAD BETTER RESEARCH THAT BILL ! I HAVE READ THE BILL ! I KNOW ! Do we as a society want a president who calls his fellow men his enemies to have this power over our conservative children??????

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