Mark McAfee and OPDC Face Off with FDA on Plea Deal

[Guest guest]

To Read the full story...go here.

..http://www.thecompletepatient.com/journal/2009/1/10/mark-mcafee-and-opdc-face-o\

ff-with-fda-on-plea-dealyou-wont.html

To Do something about it.....go here

http://www.change.org/ideas/view/legalize_milk

Mark McAfee and OPDC Face Off with FDA on Plea Deal-You Won't Believe FDA's

Terms on Raw Milk for Animals

Friday, January 9, 2009 at 09:34PM

Mark McAfee of Organic Pastures Dairy Co. has been pretty upfront about what he

thinks of the U.S. Food and Drug Administration.

Earlier today, during a 45-minute hearing in front of a federal magistrate in

Fresno, CA, Mark got a sense of what the FDA thinks of him. No big surprise, but

the agency doesn't seem to care much for him, either. But in expressing its

dislike, the FDA also provided a taste of what a system of federal regulation of

interstate shipment of raw milk distribution could be like. Think Big Brother,

big time.

The hearing was held to finalize a plea agreement growing out of a federal

indictment last year of OPDC and Mark for selling raw milk, labeled as pet food,

to out-of-state customers. As part of the agreement, OPDC pleaded guilty to

shipping two half gallons of raw milk to FDA investigators, while Mark pleaded

innocent. OPDC agreed to discontinue selling raw dairy products outside

California for the next two years.

If OPDC violates the agreement? The FDA requested and the judge agreed that Mark

could be jailed for up to a year and fined up to $250,000.

However, the FDA did agree to allow OPDC to continue shipping raw milk to

certain animal facilities, like zoos. But the agency's proposed terms are so

restrictive as to be nearly laughable. OPDC's lawyer, of the

Farm-to-Consumer Legal Defense Fund, will seek to get them changed. But in the

meantime, the FDA's terms, according to documents provided by OPDC, allow for

the following:

--OPDC can " only ship raw milk and raw milk products to end use animal

facilities, " including zoos, research labs, and veterinary practices;

-- " The veterinary health professional or animal caretaker must have a legitimate

provider/client-patient relationship with the animal to which the product is to

be fed. "

--Prior to shipping any milk, OPDC must provide to the FDA's San Francisco

office assorted information about the recipient, including the " identity of each

animal to which the raw milk or milk products will be fed and a declaration that

the consignee has a legitimate provider/client-patient relationship with the

animal to which the product is to be fed. "

--Milk recipients must " keep records of all use and disposition of raw milk and

raw milk products received from OPDC. "

--Recipients must " destroy or return to OPDC any unused product...(and) provide

OPDC with documented accounting of all quantities destroyed within 15 days of

destruction... "

And penalties for violating any of these rules are attention-grabbing: up to

five years imprisonment, or a fine up to $250,000, or both.

For now, Mark is halting all sales to out-of-state animal facilities. " It could

take weeks for every order to just be approved, " he says, never mind all the

other technicalities. He points out that some of the animal facilities are in

areas where raw milk is difficult to obtain, and they depend on his shipments to

feed to young animals.

But it's hard to imagine a zoo manager purchasing milk under such

circumstances-having to keep records of all milk fed to animals, and risking a

fine or imprisonment for a screwup.

Is this a possible taste of what federal regulation of interstate shipments of

raw milk could be like in the future? Raw milk would be something like a

controlled drug.

>From " The Complete Patient " January 9 2009

***The Following comment /blog is by Mark McAfee Himself. Go to the site to read

other comments or better yet give Mark Support.

Farewell TCP...this will be my last post for the next few months.

I have been asked to stay out off the Blogs for a while and let others do the

public fighting.

The FDA is very very serious about making me into an example. I simply will not

be used by the FDA for target practice...instead... I will be placing 110% of my

energy into Californias 37 million people and turning up the heat on raw milk

right here at home. This blog is a favorite place for the FDA to gather

intellengence on raw milk so be conscious of that.

After standing in front of the federal magistrate ( she was fair and very

understanding and said repeatedly how " UNIQUE " this case was ) today with my

hero and being preached and quoted the raw milk riot act by the hired

guns from the DOJ and the FDA...I have no interest in directing OPDC from a

federal prison cell and paying a $250 k fine and giving the FDA any satisfaction

of finding me in violation of law or their regs or our agreement to settle the

CFR 1240.61 matters.

I will be cheering-you-on as a reader for now.... as I work from inside CA to

change the rules and regs with our " FDA Citizens Petition " and by building the

Raw Milk market to the tipping point. For now not one drop of OPDC raw milk gets

shipped out of state for any reason ( at least until we can negotiate a deal

with the FDA that is fair and works )....I do not care if Obama orders it for

himself. If he wants raw milk he can graze a cow on the White House lawn like

the Queen of England at Buckingham palace, send the Secret Service to see the

Amish, change CFR 1240.61 and or fire Sheehan or better yet...do all of the

above.

My wife Blaine has made it perfectly clear that she loves me at home and not in

jail.

My greatest hopes for change and health. That is all for now....

Mark McAfee

January 10, 2009 | Mark McAfee

[Guest guest]

This situation is surreal. The FDA attacks a successful organic dairy

farm yet permits poisons like Splenda and the like on the market

without human testing. Who will provide real food when all the

farmers are wiped out? How do we fight this?

CT

>

> To Read the full story...go here.

>

..http://www.thecompletepatient.com/journal/2009/1/10/mark-mcafee-and-opdc-face-o\

ff-with-fda-on-plea-dealyou-wont.html

>

> To Do something about it.....go here

> http://www.change.org/ideas/view/legalize_milk

>

>

> Mark McAfee and OPDC Face Off with FDA on Plea Deal-You Won't

Believe FDA's Terms on Raw Milk for Animals

> Friday, January 9, 2009 at 09:34PM

> Mark McAfee of Organic Pastures Dairy Co. has been pretty upfront

about what he thinks of the U.S. Food and Drug Administration.

>

> Earlier today, during a 45-minute hearing in front of a federal

magistrate in Fresno, CA, Mark got a sense of what the FDA thinks of

him. No big surprise, but the agency doesn't seem to care much for

him, either. But in expressing its dislike, the FDA also provided a

taste of what a system of federal regulation of interstate shipment of

raw milk distribution could be like. Think Big Brother, big time.

>

> The hearing was held to finalize a plea agreement growing out of a

federal indictment last year of OPDC and Mark for selling raw milk,

labeled as pet food, to out-of-state customers. As part of the

agreement, OPDC pleaded guilty to shipping two half gallons of raw

milk to FDA investigators, while Mark pleaded innocent. OPDC agreed to

discontinue selling raw dairy products outside California for the next

two years.

>

> If OPDC violates the agreement? The FDA requested and the judge

agreed that Mark could be jailed for up to a year and fined up to

$250,000.

>

> However, the FDA did agree to allow OPDC to continue shipping raw

milk to certain animal facilities, like zoos. But the agency's

proposed terms are so restrictive as to be nearly laughable. OPDC's

lawyer, of the Farm-to-Consumer Legal Defense Fund, will seek

to get them changed. But in the meantime, the FDA's terms, according

to documents provided by OPDC, allow for the following:

>

> --OPDC can " only ship raw milk and raw milk products to end use

animal facilities, " including zoos, research labs, and veterinary

practices;

>

> -- " The veterinary health professional or animal caretaker must have

a legitimate provider/client-patient relationship with the animal to

which the product is to be fed. "

>

> --Prior to shipping any milk, OPDC must provide to the FDA's San

Francisco office assorted information about the recipient, including

the " identity of each animal to which the raw milk or milk products

will be fed and a declaration that the consignee has a legitimate

provider/client-patient relationship with the animal to which the

product is to be fed. "

>

> --Milk recipients must " keep records of all use and disposition of

raw milk and raw milk products received from OPDC. "

>

> --Recipients must " destroy or return to OPDC any unused

product...(and) provide OPDC with documented accounting of all

quantities destroyed within 15 days of destruction... "

>

> And penalties for violating any of these rules are

attention-grabbing: up to five years imprisonment, or a fine up to

$250,000, or both.

>

> For now, Mark is halting all sales to out-of-state animal

facilities. " It could take weeks for every order to just be approved, "

he says, never mind all the other technicalities. He points out that

some of the animal facilities are in areas where raw milk is difficult

to obtain, and they depend on his shipments to feed to young animals.

>

> But it's hard to imagine a zoo manager purchasing milk under such

circumstances-having to keep records of all milk fed to animals, and

risking a fine or imprisonment for a screwup.

>

> Is this a possible taste of what federal regulation of interstate

shipments of raw milk could be like in the future? Raw milk would be

something like a controlled drug.

>

> >From " The Complete Patient " January 9 2009

>

> ***The Following comment /blog is by Mark McAfee Himself. Go to the

site to read other comments or better yet give Mark Support.

>

> Farewell TCP...this will be my last post for the next few months.

>

> I have been asked to stay out off the Blogs for a while and let

others do the public fighting.

>

> The FDA is very very serious about making me into an example. I

simply will not be used by the FDA for target practice...instead... I

will be placing 110% of my energy into Californias 37 million people

and turning up the heat on raw milk right here at home. This blog is a

favorite place for the FDA to gather intellengence on raw milk so be

conscious of that.

>

> After standing in front of the federal magistrate ( she was fair and

very understanding and said repeatedly how " UNIQUE " this case was )

today with my hero and being preached and quoted the raw milk

riot act by the hired guns from the DOJ and the FDA...I have no

interest in directing OPDC from a federal prison cell and paying a

$250 k fine and giving the FDA any satisfaction of finding me in

violation of law or their regs or our agreement to settle the CFR

1240.61 matters.

>

> I will be cheering-you-on as a reader for now.... as I work from

inside CA to change the rules and regs with our " FDA Citizens

Petition " and by building the Raw Milk market to the tipping point.

For now not one drop of OPDC raw milk gets shipped out of state for

any reason ( at least until we can negotiate a deal with the FDA that

is fair and works )....I do not care if Obama orders it for himself.

If he wants raw milk he can graze a cow on the White House lawn like

the Queen of England at Buckingham palace, send the Secret Service to

see the Amish, change CFR 1240.61 and or fire Sheehan or better

yet...do all of the above.

>

> My wife Blaine has made it perfectly clear that she loves me at home

and not in jail.

>

> My greatest hopes for change and health. That is all for now....

>

> Mark McAfee

> January 10, 2009 | Mark McAfee

>

[Guest guest]

>

> I agree...HOW DO WE FIGHT THIS?!!???!!?!!!?

> Carol

> Golden, CO

>

> > There are a number of ways to fight this opression and madness.

The greatest of which is exposing their LIES their half truths and

their motives behind their nefarious dictatorial schemes. Posting

here on raw dairy, tactfully telling our friends and relatives the

truth about the SAD and the unbelievable approved methods used to

place food on their diner tables would be a good start. Another very

very important action we can take is to support our local real

farmers that have the guts to step out agribusiness and once again

start producing real food.

We need to rebuild our nation from the bottom up, person by person,

family by family, farm by farm based on TRUTH and INDIVIDUAL FREEDOM

and cast off our deceitful enslaving corporate masters!!! Don

> >>

> >

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> > Visit our Raw Dairy Files for a wealth of information!

> > http://groups.yahoo.com/group/RawDairy/files/

> >

> > Archive search: http://onibasu.com

> >

> >