Raw milk as a “motherhood” issue; Raw Milk Freedom Riders TODAY at FDA

From Farm to Consumer Legal Defense:

47 Minutes ago at FDA headquarters. Via Support Michael Schmidt Facebook page.

On November 1, a group of mothers who feed their children raw milk and others who oppose the FDA’s enforcement actions against the distribution of raw dairy products will hold a demonstration outside the agency’s headquarters in Silver Spring, Maryland. The rally will protest against the criminalization of Americans who buy and sell raw milk. Prior to the demonstration, a caravan of raw milk moms will defy a federal ban on raw milk in interstate commerce and cross into Maryland with each vehicle carrying raw milk obtained in Pennsylvania. The sale of raw milk is legal in Pennsylvania but illegal in Maryland. Those making the trip are calling themselves the “Raw Milk Freedom Riders”.

The ‘Milk and Cookies’ rally is being organized by Liz Reitzig and Karine Bouis-Towe, co-founders of Grassfed On The Hill (the Washington, DC area food buyers club) and the activist group, the Farm Food Freedom Coalition. FDA is currently in federal court seeking to obtain a permanent injunction prohibiting Pennsylvania Amish dairy farmer, Dan Allgyer, from shipping raw milk and raw milk products across state lines alleging that the farmer was distributing raw dairy products in interstate commerce to members ofGrassfed On The Hill in Maryland and the District of Columbia.

The federal law (21 CFR § 1240.61) banning raw milk for human consumption in interstate commerce states:

No person shall cause to be delivered into interstate commerce or shall sell, otherwise distribute, or hold for sale or other distribution after shipment in interstate commerce any milk or milk product in final package form for direct human consumption unless the product has been pasteurized….

In February 2010 the Farm-to-Consumer Legal Defense Fund filed a lawsuit challenging the interstate ban in a federal district court; in September 2010, Judge Mark W. Bennett asked FDA to answer the following question:

whether the interstate ban applies to and proscribes the conduct of: (1) persons who travel from one state, where it is not legal to purchase raw milk, to another state, where it is legal to purchase raw milk, who then legally purchase raw milk, and then return to the original state where they consume the raw milk themselves or give it to their friends or family members;….

FDA’s answer to the question was that the interstate ban did apply and that “the hypothetical interstate traveler in this example would have ‘caused’ raw milk ‘to be delivered into interstate commerce’ in violation of 21 CFR § 1240.61.”

Wisconsin raw milk activist Max Kane, who will be one of the speakers at the rally, has tried to find out whether FDA intends to enforce the law on November 1, recently making numerous calls to agency officials asking what the agency’s plans were for the Raw Milk Freedom Riders’ caravan. Kane did not find out what the FDA’s intentions were for the event but did leave a message with John Sheehan, director of FDA’s Division of Plant and Dairy Food Safety, inviting Sheehan to either witness the event or take action against the raw milk moms. More than any other individual, Sheehan represents the heart of the opposition to the right to sell and consume raw milk….”

Read it all on Farm to Consumer Legal Defense.

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4 Comments

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4 Responses to Raw milk as a “motherhood” issue; Raw Milk Freedom Riders TODAY at FDA

  1. James

    From the start of time long long ago people have been drinking raw milk from their mothers milk to their pet cow. The first amendment allows for freedom of religion, as in God is your master not government. An as in romans chapter 13 the government is the weaker of the two and the scriptures supersedes the government when in conflicted. The scriptures tell you in Deuteronomy 14:21, Thou shalt not seethe a KID in his mother’s milk. If you go to The Old king James on line and type in the key word (Milk) it will come up 53 times, It is clear that the creature has give his blessing for raw milk and for 6 thousand recorded year. Under the Law of Laches Doctrine this matter has all ready been long standing from the start of creation.. Remember, The scriptures are both a Law Book to mankind and a history book of these Law,statutes and judgments.
    The trick here is the commerce clause. What has happened is people have been taught to join commerce and now they can be regulated by government. The argument comes in were does that control start and stop. If I sell something to you and I have a business license that puts me in commerce you might be able to regulate me if I the seller physically or intangibly cross state lines to sell something only after the exchange of payment was consummated. You do not regulate the buyer because he’s not in commerce. So if a man comes to my free state and buys my milk he is just like any other man that buys from me in that free state. What he does with his raw milk is his private right and protected under the 4th amendment under being safe in his (person or effects) .. This is not an interstate sell because both parties in the transaction were in a free state when it was consummated. The best way to keep the commerce clause at bay would be to trade or border with raw silver or gold. You give me x amount of silver and I give you x amount of milk. There is no paper trail and you did not use currency so how is that counted as income?
    Declaration of Independence not only declares there is a God that gave you certain unalienable right,that among these are Life,Liberty and the pursuit of Happiness. These rights are explained in the scriptures. Raw Milk would fall under the unalienable right of Life.
    The Constitution tells us we the people have the right to life,liberty and property.I would say that if that same Constitution also has a commerce clause, no law would be past by congress in the future that would undermine the rest of the constitution. What that means is,if a man has the right to freedom,liberty, property,religion and his effects, How can congress pass a law that controls that right through the commerce clause?

  2. James

    As soon as the commerce clause starts to regulate a right,That right is no longer a right, It now becomes a privilege.. How can a constitutional right that can not be taken away from you be converted to a privilege that can? I thought under the Constitution you first pass a constitutional amendment that passes ratification of 3/4 of the states if I remember correctly.So you see congress might have the right to regulate commerce only if that regulation does not under mind your rights. One right we have is to contract and congress can not stop you for doing that. What the government has done is trick you into contracting with the government and the government puts you in to commerce and they claim there is no need for a constitutional amendment to turn your rights into a privilege via the agreed on terms of your contract. The government all so wrights the terms of that contract and can change the terms on that contract when ever they want to and with out your consent. This is how the constitution is mocked by congress. The 17th amendment caused senators to be elected and not appointed. Now this gave the lobes the power to buy off the senator because they need money to get in office. So that set the stage for big companies to start destroying little mom and pop business. Now the constitutions is twisted for that purpose.. So congress makes laws that favor big business and it’s on self preservation. This is not the complete story, This conspiracy is a giant one,this is just one part of a total police state that has been slowly put on us from the cilvil war till today. Every amendment after the war has been to destroy this country. Have you ever read the 13th amendment closely? You are told it ended slavery right? Look at it one more time. It states (Neither slavery nor involuntary servitude) but it does not say (voluntary servitude) is outlawed. Government has coerced its people into voluntary servitude to gain control over them. Not only that but the amendment is left open in that congress can change the terms of how they can enforce (involuntary servitude) or (slavery) at anytime. The 14th amendment all but destroys most of the original constitution by making your states right 10th amendment a joke. Now that all of the power was put in D.C., It was just a matter of time before the people lost most of the rights because now they could be turned into privileges..

  3. Pingback: Media Coverage of the Raw Milk Freedom Riders Protest - Hartke Is Online!

  4. Pingback: Nov 1, 2011 Raw Milk Freedom Riders – Kick Off Event « rawmilkfreedomriders

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