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Maine Agriculture Department wields a heavy hand

Posted Nov. 29, 2011, at 3:56 p.m.
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Anyone curious to know what small, unobtrusive, fiscally responsible government looks like need look no further than Hancock County Superior Court where Maine Department of Agriculture Commissioner Whitcomb recently filed a very telling lawsuit.

This suit is not against the federal government or other outside entity on behalf of Maine people. Rather, Mr. Whitcomb, a Republican appointed and approved by a Republican governor and Legislature with a chorus of campaign promises for the wise use of tax dollars still ringing in the ears of Mainers, has filed a lawsuit against Dan Brown, a small farmer in Blue Hill.

Mr. Brown’s offenses, according to the summons he received, include selling unpasteurized milk without a license at a farmers market in Blue Hill and from the stand at his farm. One might presume, based on the amount of taxpayer dollars being used on this case and lawsuit, that the Department of Agriculture is responding to multiple complaints and an exploding health epidemic caused by Mr. Brown’s farm stand wares.

At the very least, one might assume that even one person complained of being misled since the department’s lawsuit claims that the milk in question wasn’t labeled “not pasteurized.” But Mr. Brown’s customers are happy and the state has not claimed otherwise.

Absent a full-blown outbreak of food borne illness, the department may be acting on behalf of the residents of Maine who have spoken in unified opposition to the idea that a small farm entrepreneur could provide a small, personally connected customer base with a product they need. However, in this case, exactly the opposite is true. Indeed, Blue Hill is one of five towns in Maine to pass, nearly unanimously, the landmark Local Food and Community Self-Governance Ordinance, a move that has spawned similar efforts nationwide.

The ordinance allows people to patronize local farmers for the real, healthful foods they need without interference from state or federal authorities which, unbeknownst to the majority of the population, have been persecuting small farmers and their customers across the nation and here in Maine.

In other words, if a person wants to buy a locally grown and raised food from a farmer down the road, and that person can go and see the farm, know the farmer, understand for him or herself the processes surrounding the creation of that food, then that person doesn’t need the government to be involved. This seems to be in perfect alignment with the rhetoric of the LePage administration.

And yet, Maine taxpayers are funding an inspection regime that pursues one small farmer for nearly a year, including hours worked, reports filed and miles driven to and from farm and farmers market, and a lawsuit involving the Attorney General. Meanwhile, there are no inspections of the food available at the grocery stores across this state. No inspections of the pasteurized milk at the supermarket, milk which has actually caused more deaths than raw milk in the last decade according to the government’s own data.

And raw dairy products are not the only real food being targeted by our so-called small, unobtrusive government. Let’s not forget the direct farmer-to-consumer sale of farm-processed poultry that was the original impetus for the ordinance. While the Maine Department of Agriculture prevents small farmers from processing chickens and turkeys in the safe way it has been done for literally thousands of years and selling or trading them to neighbors and community, Consumer Reports found that over 60 percent of supermarket chickens are contaminated with salmonella or campylobacter. This chicken, by the way, has been through the regulatory regime and is stamped with approval by — you guessed it — both federal and state governments around the country.

Presumably we will soon be learning of the summons issued to executives of Tyson, Smithfield, Cargill and the other giants of the agribusiness world which are actually poisoning people. In the meantime, I’ll be trying to figure out how to get to my plate around the tiny, unobtrusive Department of Agriculture that invited itself to my dinner table with a flourish of wisely spent tax dollars.

Ryan Parker is a former staff member of the U.S. House of Representatives. Currently, he runs a diversified, “beyond organic,” small family farm and writes in Newport. To learn more visit We Are All Farmer Brown on Facebook.

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  • Anonymous

    One small problem:  the  Local Food and Community Self-Governance Ordinance is not legal for a whole variety of reasons.   Mr. Parker is advocating a selective application of the law and good luck selling that argument.  The Maine Department of Agriculture is simply enforcing the existing law which Mr. Parker doesn’t like.

  • Anonymous

    ” Indeed, Blue Hill is one of five towns in Maine to pass, nearly
    unanimously, the landmark Local Food and Community Self-Governance
    Ordinance, a move that has spawned similar efforts nationwide.
    The ordinance allows people to patronize local farmers for the real,
    healthful foods they need without interference from state or federal
    authorities…..”

    How can a former staff member of the U.S. House of Representatives be so ignorant to suggest that Blue Hill, a corporation of the State of Maine, can trump Maine law?

    Civics lesson, Mr. Demagogue, I mean, Mr. Parker – a minor civil division does not have any authority whatsoever to nullify Maine law.  While we are at it, a state has no authority to nullify Federal law.  Obviously you were sleeping when your high school history teacher covered the episode where the State of South Carolina tried to nullify Federal law back in 1832.

    Perhaps this is a bad law – personally, I think a farmer ought to be able to sell milk without a lot of hassle, as long as the buyer knows what s/he is buying – and I think the buyer ought to be able to buy what he/she desires.  But we have a process for changing bad laws.  We need to use it, and not just “nullify” laws that we don’t like.  Otherwise, we don’t have rule of law.

    I can see why you are a “former” staff member of the House.  If I was a Rep, and I didn’t have staff members that understand this kind of basic stuff any better than you seem to, they’d be “former staff” quicker than I could whistle “Dixie.”

  • Anonymous

    Looks like this was done to make a point.  It’s too bad they didn’t do the same when the country’s largest vegetable transplant producer was selling diseased tomatoes all over the state and costing individual growers tens of thousands.

  • Anonymous

    Another example of the State not wishing to give up their power. The issue must be pressed
    or their State jobs are irrelevant, and unnecessary…

  • Anonymous

    Does Mr Brown sell milk to larger companies like Hoods and they pasteurize and resell?  is it hard for him or costly to get a license? Is it possible the State is just trying to get tax dollars and the way to do that is get ALL the small farms to be licensed and pay taxes, Mr. Brown being the 1st. Licenses could be used as leverage to make sure they pay taxes.

  • Anonymous

    Here what they didn’t tell. The state has been trying to work with Mr. Brown and he has refused. His bacteria count in his milk is 15 times the legal limt which is 100,000 per a ml. This a public health issue even if his customers are ignorant

  • Anonymous

    i question the ’15X leagal limits’. 

    they put phoney stuff like that in to mask their heavy handedness.

    how about a non-involved party getting a test done?

  • http://twitter.com/jimpicariello Jim Picariello

    I heard Whitcomb on camera say 11 times the legal limit. I have 2 issues with that. 1)If it really was a danger to the community, why did it take 3 months for court action and not the sheriff shutting him down? and 2) Dan Brown is not aware of any sample taken from his property AND the lawsuit filed does not refer to any limit of bacteria. Not to mention raw milk is full of good bacteria. That is the point.  If raw milk was dangerous it would kill baby cows. http://www.facebook.com/wearefarmerbrown

  • Anonymous

    It took 3 months because the state has been trying to work with Mr. Brown.  The state milk inspector is a nice guy who tries to work with farmers to get them up to code. This is specualtion, but I would guess that samples were taken from purchased raw milk. Raw milk can kill calves. That is why heifer calves are fed a milk replacer because of the risk of potential disease issues. Yes there are some healthy bacteria in raw milk. The issue with the bacteria count is that reveals that he is not properly cooling his milk. Milk is supposed to be below 45 degrees two hours after milking if no fluid is in the tank and below 40 if fluid is in the tank. He is mismanaging food. It is no different then a slaughter house that wasn’t refrigerating their meat.  Bacteria counts are done at all milk processing facilities and maybe the university.

    Here is a comparison. My milk averages a bacteria count of 1000 per a ml of milk. The legal limit is 100,000/ml. His is running at 1,100,000/ml! Would you really want to drink with that high of a bacteria count? I bet you if you visited his property you wouldn’t drink raw milk based upon how unsanitary it is.

  • http://twitter.com/jimpicariello Jim Picariello

    In fact he is my neighbor and I have visited his farm. His kids play with my kids and everyone who purchases his food has to know him personally. We are not going to the store and buying his anonymous food. We visit his home (the only way to buy his food) shake his hand, see the cows, and drink his milk. Eating food from licenced companies, run by people I will never meet, have a greater chance of killing me than Dan, who has no desire to make sick or hurt the people in his community who he cares about.  Keep reading the paper, more info will be coming to light about how the DOA really works around here.

  • http://twitter.com/jimpicariello Jim Picariello

    Check out http://www.facebook.com/wearefarmerbrown  He does not sell to anyone other than those who visit him and meet him on his property.

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