Tag Archives: distribute

Wisconsin raw milk farmer Vernon Herschberger back in court May 20th

From David E. Gumpert, on The Complete Patient blog:

“But the technical legalities of the case fail to convey that, at its heart, this is a political case rather more than a legal case. Most fundamentally, the case is about whether Hershberger has the right to distribute food privately to individuals who have contracted with him, without regulatory interference.

The reason the case is so important politically is that it isn’t just about whether Hershberger has the right to distribute food privately, it is about whether all of us have this right on either end of the equation–to distribute food privately or to contract with producers to obtain food privately. If Hershberger is acquitted by the jury of his peers, the shock effects will reverberate throughout the country, and regulators will be forced to re-examine their crackdown on private food distribution. If Hershberger loses, not only could he go to jail for more than a year, but regulators everywhere will lick their chops and go after private food more aggressively than ever. Continue reading

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3. What is the meaning of the word “distribute” in the Health Protection and Promotion Act (HPPA)?

This is part 3 in our countdown to Michael Schmidt’s court of appeal appearance Thursday July 26th at Osgoode Hall (see details at bottom). Legal documents often redefine the meanings of common words to be other than what they are usually understood to be. Whatever reasons may be behind such practices, these redefinitions can easily lead to a lack of transparency.

Farmer Michael Schmidt at a food freedom event

In Michael Schmidt’s case, much hinges on the meaning of the word “distribute”, which, for once, is not clearly defined or redefined in meaning for purposes of the HPPA. From the Applicant’s Factum.

  • According to Sullivan on the Construction of Statutes:

“Statutes enacted by a legislature that deal with the same subject are presumed to be drafted with one another in mind, so as to offer a coherent and consistent treatment of the subject.  The governing principles was stated by Lord Mansfield in R. v. Loxdale: Continue reading

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