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Farm-to-Consumer Legal Defense Fund Announcement
Dec. 18, 2008

FTCLDF joins Buckeye Institute as co-council in Civil Suit over Manna Storehouse raid!

Farm-to-Consumer Legal Defense Fund Announces

December 17, 2008- Today, the Farm-to-Consumer Legal Defense Fund (FTCLDF) joined the Buckeye Institute's 1851 Center for Constitutional Law in filing a civil lawsuit against the Ohio Department of Agriculture and the Lorrain County Health Department for an illegal raid on the residence of the Stowers family in La Grange, Ohio. The complaint claims that the Stowers' due process, equal protection and other constitutional rights were violated when their house was raided by representatives from various state and local governmental agencies, including the Ohio Department of Agriculture. Click here to see complaint.

The Stowers, who operate a private cooperative known as Manna Storehouse, were the target of a raid of their personal residence by sheriff deputies and Department of Agriculture personnel, several of whom had guns drawn and who treated the Stowers family like drug dealers. According to the report of the sheriff's department, one of the deputies even snatched a cell phone out of the hand of a teenage son who was attempting to call Mr. Stowers at the time. In addition, the complaint alleges the governmental authorities confiscated all of the Stowers' personal food intended to provide for and nourish them all through the winter months.

"We joined in this suit because it furthers the mission of the Fund, which is to protect and defend the rights of farmers and consumers to have direct commerce with each other free from governmental interference and harassment," said Interim FTCLDF President Pete Kennedy.

Kennedy said "We hope that the Lorrain County Court of Common Pleas recognizes that government is overreaching in this case and is basically engaged in intimidation tactics to frighten people into believing that they cannot provide food for themselves." FTCLDF General Counsel Gary Cox said "this is an example where, once again, the government is trying to deny people their inalienable, fundamental right to produce and consume the foods of their choice. The purpose of our complaint is to correct that wrong."

The complaint also seeks a preliminary injunction against the Department of Agriculture and declarations stipulating that Manna Storehouse and the Stowers are not a "retail food establishment" under Ohio's Food Safety Code. As a private cooperative, Manna Storehouse is exempted from the Food Safety Code.

SPEECH OF HON. RON PAUL OF TEXAS
IN THE HOUSE OF REPRESENTATIVES
MONDAY, NOVEMBER 5, 2007

Mr. PAUL. Madam Speaker, I rise to introduce legislation that allows the transportation and sale in interstate commerce of unpasteurized milk and milk products, as long as the milk both originates from and is shipped to States that allow the sale of unpasteurized milk and milk products. This legislation removes an unconstitutional restraint on farmers who wish to sell unpasteurized milk and milk products, and people who wish to consume unpasteurized milk and milk products.

My office has heard from numerous people who would like to purchase unpasteurized milk. Many of these people have done their own research and come to the conclusion that unpasteurized milk is healthier than pasteurized milk. These Americans have the right to consume these products without having the Federal Government second-guess their judgment about what products best promote health. If there are legitimate concerns about the safety of unpasteurized milk, those concerns should be addressed at the State and local level.

I urge my colleagues to join me in promoting consumers' rights, the original intent of the Constitution, and federalism by cosponsoring my legislation to allow the interstate sale of unpasteurized milk and milk products.

HR 4077 IH

110th CONGRESS 1st Session H. R. 4077

To authorize the interstate traffic of unpasteurized milk and milk products in final package form for human consumption when the milk or milk product originates in a State that allows the sale of unpasteurized milk and milk products in final package form and is destined for another State that allows the sale of unpasteurized milk and milk products in final package form.

IN THE HOUSE OF REPRESENTATIVES November 5, 2007

Mr. PAUL introduced the following bill; which was referred to the Committee on Energy and Commerce

A BILL

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. INTERSTATE TRAFFIC OF UNPASTEURIZED MILK AND MILK PRODUCTS.

(a) Sale Authorized- Notwithstanding section 1240.61 of title 21, Code of Federal Regulations, the delivery into interstate traffic, or sale, other distribution, or holding for sale or other distribution after shipment in interstate traffic, of any unpasteurized milk or unpasteurized milk product in final package form for direct human consumption, or intended to be put into final package form for direct human consumption, is not prohibited if the unpasteurized milk or unpasteurized milk product--

(1) is produced in a State that allows the sale of unpasteurized milk and or unpasteurized milk products in final package form;

(2) is delivered into interstate traffic in that State; and

(3) is intended for transport to and sale in another State that allows the sale of unpasteurized milk and or unpasteurized milk products in final package form.

(b) Definitions- In this section:

(1) The term `pasteurized' refers to the process of heating milk and milk products to the applicable temperature specified in the tables contained in section 1240.61 of title 21, Code of Federal Regulations, and held continuously at or above that temperature for at least the corresponding specified time in such tables.

(2) The terms `milk', `milk products', and `interstate traffic' have the meanings given those terms in section 1240.3 of title 21, Code of Federal Regulations.

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SECTION 1. INTERSTATE TRAFFIC OF UNPASTEURIZED MILK AND MILK PRODUCTS.