WI: Newspaper Sues State of Wisconsin ( DATCP) over Hershberger Raids

January 13, 2011

This is fantastic: a newspaper defending the first amendment and in so doing

defends farm to consumer rights!:

A lawsuit filed Monday by the Baraboo News Republic seeks the release of

documents detailing a state agency's investigation of a Loganville raw milk

distributor.

The state Department of Agriculture, Trade and Consumer Protection did not

provide proper justification for denying the newspaper records related to the

investigation of farmer Vernon Hershberger, a complaint filed by the newspaper

states.

State officials have said releasing the documents could compromise their case

against the farmer.

In early June, DATCP obtained a warrant to search Hershberger's organic dairy

farm. The agency suspected Hershberger was selling dairy and retail food without

proper licenses. Investigators took an inventory and sealed coolers with tape.

But Hershberger said he was not required to have the licenses because his store

was a members-only club in which people leased farm animals and were provided

dairy products from those animals. He openly disobeyed DATCP's order to

discontinue sales.

The raid on Hershberger's farm made headlines statewide, and rekindled a debate

over the sale of raw milk just weeks after then-Gov. Jim Doyle vetoed

legislation that would have allowed limited raw milk sales.

On Sept. 13, DATCP forwarded reports and evidence from its investigation to the

state Department of Justice and the Sauk County District Attorney's Office for

possible prosecution.

But those agencies have not filed charges against Hershberger. The DOJ and Sauk

County District Attorney Barrett have declined to comment on the status

of the case.

Last month the News Republic requested DATCP's investigative reports. Bureau of

Food Safety and Inspection Director C. Leitzke denied the request in a

Dec. 22 letter that stated release of an investigative report would interfere

with " the ongoing investigation and prosecutorial review. "

Leitzke's letter said after prosecutors examine reports and evidence, they may

ask DATCP to conduct additional investigation and interviews, and that process

would be compromised by the release of investigative reports.

Whole article is here:

0-9c4e-001cc4c002e0.html

Charlie

Exeland, WI

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