Guest guest Posted November 26, 2003 Report Share Posted November 26, 2003 Good Morning Folks, We returned home late last night - after a very long and stressful day at the DATCP in Madison. I know many of you are anxious to hear how it went - and I can't really say YET. The hearing was pretty much as we expected. Everyone gave testimony and many questions were asked. Judge s surprised us most, as she appeared to be very uninformed as to how each of our farms had set up our share programs. During the morning she asked a lot of questions that led us all to believe that she was actually going to agree that we were all set up correctly. When she questioned Randall Schuman (the lawyer representing the Department of Financial Institutions) he made it clear that each of the farms had gone through all of the correct channels and that he found us all to have followed her "final ruling (of 10-30-02)" to the T. At 12:30 she called a recess and asked us all to return at 1:30 - at which time she would announce her findings. We all went to lunch with the belief that Judge s would rule in our favor and we would hear her decision when we returned and be able to go home. Wrong........ When we returned, Judge s announced that she had a few more questions - which took another 2 hours. After this time she carefully and thoughtfully chose each and every word she said - as though she was afraid she might say the wrong thing. She said that "given the facts" she would not be able to offer clarification of the final ruling until she had listened to the transcript from the days hearing. She did however tell us all that many changes needed to be made in order for us to continue selling shares. This of course took her nearly an hour - and most if not all of what she said was totally "bogus". Why do I say this? Quite simply! Judge s merely gave us the "idea" for setting up these share programs - she did not and could not give us her permission to do so. She is a Judge for the DATCP, not a Securities Lawyer. She has no legal say in how our entities are set up, and therefore cannot expect us to make the changes she insists upon. We sat quietly during her "speech" interjecting a few times when needed. We were all tired and wanted to go home, but instead were forced to sit and listen to her ramblings of changes needed, which of course were infuriating to all of us. In the end she said she would go over the transcript and mail our her findings to us as soon as she could. We were allowed to leave for our long drives home. Here are a few of the things that the Judge feels need to be changed: She feels that the small amount we are charging for our shares is not enough to be considered actual ownership. There should be a limit she said, to the amount of dairy products each person/family was allowed to take from the farm when purchasing a share. In other words, put a dollar value on the amount of dairy products you would take from the farm over a period of time and sell shares worth that amount. People could be allowed to make payments on their shares over time - such as each visit to the farm. Isn't this the same as "selling" the dairy products??? She feels that if a person were to buy a share in a farm, that they should be actively involved in the day to day workings in the farm. If you buy a share of 3M - are you expected to work for 3M? She feels that our "full disclosure" is not strong enough - that we need more information about the health hazards of consuming raw dairy products. Several people from within the DATCP were "kind" enough to offer their help with this........how nice of them huh? The Judge was very concerned that we farmers had the intention of eventually selling all our milk directly to share owners. This would mean that we would not need a milk producers license to sell our milk to a dairy plant. If this happened she said that the DATCP would no longer have control of the situation and was very unhappy about that prospect. She said that they needed to come up with a way to "oversee" our operations so that they could monitor them. For some reason she feels that the DATCP has a say in how we're set up currently - which of course is not true what so ever. Our Opinion of the days proceedings: The DATCP wants control of our share programs - which they do not currently have. All of the farms doing the share program are set up to comply with the Securities Division and are 100% legal. We do NOT have to comply with what Judge s issues as "changes" to our share programs. We will fight this all the way to circuit court if we must - we will stand strong! (Though we feel that Clearview Acres may decide to follow the Judges orders) We will wait to see the paperwork Judge s sends us (however long that may take) before we decide the course of action we will take. So many things were covered during the hearing, and I know that I'm missing a lot of the details here. We won't really know the outcome of the hearing until we receive the paperwork from Judge s. She did not give us a time slot when we could expect this paperwork, but we're expecting it to take weeks if not months! As we go over the day and remember more I will post it here. Until then please know that we're very upset about our waste of time and money it took to make this trip to Madison, which turned out to be more of a 3 ring circus than anything. Janet Wayne and Janet BrunnerMidvalleyvu Farms, Arkansaw, Wisconsinwww.midvalleyvu.comWeston A. Price Chapter Leaders for West Central Wisconsinwww.westonaprice.org Quote Link to comment Share on other sites More sharing options...
Guest guest Posted November 26, 2003 Report Share Posted November 26, 2003 The Judge was very concerned that we farmers had the intention of eventually selling all our milk directly to share owners. This would mean that we would not need a milk producers license to sell our milk to a dairy plant. If this happened she said that the DATCP would no longer have control of the situation and was very unhappy about that prospect. She said that they needed to come up with a way to " oversee " our operations so that they could monitor them. So, how do you kill your contract with DATCP and tell all these meddlers to hit the road? Laurel Quote Link to comment Share on other sites More sharing options...
Guest guest Posted November 26, 2003 Report Share Posted November 26, 2003 We would have to sell all our cows and only sell milk to the share owners - which in our case isn't quite possible as our farm is much too large (80 cows) to be supported by the 100 share owners we currently have. Janet RE: Notes from our Hearing The Judge was very concerned that we farmers had the intention of eventually selling all our milk directly to share owners. This would mean that we would not need a milk producers license to sell our milk to a dairy plant. If this happened she said that the DATCP would no longer have control of the situation and was very unhappy about that prospect. She said that they needed to come up with a way to "oversee" our operations so that they could monitor them. So, how do you kill your contract with DATCP and tell all these meddlers to hit the road? LaurelTo learn more about Raw Dairy, visit our home pages at http://www.midvalleyvu.com Quote Link to comment Share on other sites More sharing options...
Guest guest Posted November 26, 2003 Report Share Posted November 26, 2003 Sounds like to me that someone "got to her" over her lunch break. Sara Notes from our Hearing Good Morning Folks, We returned home late last night - after a very long and stressful day at the DATCP in Madison. I know many of you are anxious to hear how it went - and I can't really say YET. The hearing was pretty much as we expected. Everyone gave testimony and many questions were asked. Judge s surprised us most, as she appeared to be very uninformed as to how each of our farms had set up our share programs. During the morning she asked a lot of questions that led us all to believe that she was actually going to agree that we were all set up correctly. When she questioned Randall Schuman (the lawyer representing the Department of Financial Institutions) he made it clear that each of the farms had gone through all of the correct channels and that he found us all to have followed her "final ruling (of 10-30-02)" to the T. At 12:30 she called a recess and asked us all to return at 1:30 - at which time she would announce her findings. We all went to lunch with the belief that Judge s would rule in our favor and we would hear her decision when we returned and be able to go home. Wrong........ When we returned, Judge s announced that she had a few more questions - which took another 2 hours. After this time she carefully and thoughtfully chose each and every word she said - as though she was afraid she might say the wrong thing. She said that "given the facts" she would not be able to offer clarification of the final ruling until she had listened to the transcript from the days hearing. She did however tell us all that many changes needed to be made in order for us to continue selling shares. This of course took her nearly an hour - and most if not all of what she said was totally "bogus". Why do I say this? Quite simply! Judge s merely gave us the "idea" for setting up these share programs - she did not and could not give us her permission to do so. She is a Judge for the DATCP, not a Securities Lawyer. She has no legal say in how our entities are set up, and therefore cannot expect us to make the changes she insists upon. We sat quietly during her "speech" interjecting a few times when needed. We were all tired and wanted to go home, but instead were forced to sit and listen to her ramblings of changes needed, which of course were infuriating to all of us. In the end she said she would go over the transcript and mail our her findings to us as soon as she could. We were allowed to leave for our long drives home. Here are a few of the things that the Judge feels need to be changed: She feels that the small amount we are charging for our shares is not enough to be considered actual ownership. There should be a limit she said, to the amount of dairy products each person/family was allowed to take from the farm when purchasing a share. In other words, put a dollar value on the amount of dairy products you would take from the farm over a period of time and sell shares worth that amount. People could be allowed to make payments on their shares over time - such as each visit to the farm. Isn't this the same as "selling" the dairy products??? She feels that if a person were to buy a share in a farm, that they should be actively involved in the day to day workings in the farm. If you buy a share of 3M - are you expected to work for 3M? She feels that our "full disclosure" is not strong enough - that we need more information about the health hazards of consuming raw dairy products. Several people from within the DATCP were "kind" enough to offer their help with this........how nice of them huh? The Judge was very concerned that we farmers had the intention of eventually selling all our milk directly to share owners. This would mean that we would not need a milk producers license to sell our milk to a dairy plant. If this happened she said that the DATCP would no longer have control of the situation and was very unhappy about that prospect. She said that they needed to come up with a way to "oversee" our operations so that they could monitor them. For some reason she feels that the DATCP has a say in how we're set up currently - which of course is not true what so ever. Our Opinion of the days proceedings: The DATCP wants control of our share programs - which they do not currently have. All of the farms doing the share program are set up to comply with the Securities Division and are 100% legal. We do NOT have to comply with what Judge s issues as "changes" to our share programs. We will fight this all the way to circuit court if we must - we will stand strong! (Though we feel that Clearview Acres may decide to follow the Judges orders) We will wait to see the paperwork Judge s sends us (however long that may take) before we decide the course of action we will take. So many things were covered during the hearing, and I know that I'm missing a lot of the details here. We won't really know the outcome of the hearing until we receive the paperwork from Judge s. She did not give us a time slot when we could expect this paperwork, but we're expecting it to take weeks if not months! As we go over the day and remember more I will post it here. Until then please know that we're very upset about our waste of time and money it took to make this trip to Madison, which turned out to be more of a 3 ring circus than anything. Janet Wayne and Janet BrunnerMidvalleyvu Farms, Arkansaw, Wisconsinwww.midvalleyvu.comWeston A. Price Chapter Leaders for West Central Wisconsinwww.westonaprice.org To learn more about Raw Dairy, visit our home pages at http://www.midvalleyvu.com Quote Link to comment Share on other sites More sharing options...
Guest guest Posted November 26, 2003 Report Share Posted November 26, 2003 Hi Janet and Wayne, Nobody said it was going to be easy, did they? Just remember, you are the good guys. Don’t be discouraged. Drink plenty of milk! Be sure to take good care of yourselves. This is going to be a long haul. Marshal your resources, and your energy, carefully. Live to fight another day. There are going to be victories here and there…and defeats. We all have to be prepared to just carry on as best we can. You guys are bearing the brunt of the attack right now – that’s what the bozos are doing, attacking in an attempt to stop the movement while they still have a chance to. Another day, the rest of us may have to take a turn standing up to them. I’ll tell you this – there are a lot of people prepared to go to jail over this. You’re not alone in your struggle. And more people are signing on every day. Hey Barbara, thanks for the rage letter, and don’t be sorry, it was great! The time will come when we’ll counterattack the bozos…when it comes, you should lead the charge! Sorry to use all the war terms, you can probably tell I love war movies. But this is a war, it’s life and death stuff. At fifty-seven, I know I’m only as good as my last meal. If I had kids, I bet I’d really get worked up. Ron -----Original Message----- From: Janet Brunner Sent: Wednesday, November 26, 2003 8:29 AM To: !Raw Dairy Subject: Notes from our Hearing Importance: High Good Morning Folks, We returned home late last night - after a very long and stressful day at the DATCP in Madison. I know many of you are anxious to hear how it went - and I can't really say YET. The hearing was pretty much as we expected. Everyone gave testimony and many questions were asked. Judge s surprised us most, as she appeared to be very uninformed as to how each of our farms had set up our share programs. During the morning she asked a lot of questions that led us all to believe that she was actually going to agree that we were all set up correctly. When she questioned Randall Schuman (the lawyer representing the Department of Financial Institutions) he made it clear that each of the farms had gone through all of the correct channels and that he found us all to have followed her " final ruling (of 10-30-02) " to the T. At 12:30 she called a recess and asked us all to return at 1:30 - at which time she would announce her findings. We all went to lunch with the belief that Judge s would rule in our favor and we would hear her decision when we returned and be able to go home. Wrong........ When we returned, Judge s announced that she had a few more questions - which took another 2 hours. After this time she carefully and thoughtfully chose each and every word she said - as though she was afraid she might say the wrong thing. She said that " given the facts " she would not be able to offer clarification of the final ruling until she had listened to the transcript from the days hearing. She did however tell us all that many changes needed to be made in order for us to continue selling shares. This of course took her nearly an hour - and most if not all of what she said was totally " bogus " . Why do I say this? Quite simply! Judge s merely gave us the " idea " for setting up these share programs - she did not and could not give us her permission to do so. She is a Judge for the DATCP, not a Securities Lawyer. She has no legal say in how our entities are set up, and therefore cannot expect us to make the changes she insists upon. We sat quietly during her " speech " interjecting a few times when needed. We were all tired and wanted to go home, but instead were forced to sit and listen to her ramblings of changes needed, which of course were infuriating to all of us. In the end she said she would go over the transcript and mail our her findings to us as soon as she could. We were allowed to leave for our long drives home. Here are a few of the things that the Judge feels need to be changed: · She feels that the small amount we are charging for our shares is not enough to be considered actual ownership. There should be a limit she said, to the amount of dairy products each person/family was allowed to take from the farm when purchasing a share. In other words, put a dollar value on the amount of dairy products you would take from the farm over a period of time and sell shares worth that amount. People could be allowed to make payments on their shares over time - such as each visit to the farm. Isn't this the same as " selling " the dairy products??? · She feels that if a person were to buy a share in a farm, that they should be actively involved in the day to day workings in the farm. If you buy a share of 3M - are you expected to work for 3M? · She feels that our " full disclosure " is not strong enough - that we need more information about the health hazards of consuming raw dairy products. Several people from within the DATCP were " kind " enough to offer their help with this........how nice of them huh? · The Judge was very concerned that we farmers had the intention of eventually selling all our milk directly to share owners. This would mean that we would not need a milk producers license to sell our milk to a dairy plant. If this happened she said that the DATCP would no longer have control of the situation and was very unhappy about that prospect. She said that they needed to come up with a way to " oversee " our operations so that they could monitor them. · For some reason she feels that the DATCP has a say in how we're set up currently - which of course is not true what so ever. Our Opinion of the days proceedings: · The DATCP wants control of our share programs - which they do not currently have. · All of the farms doing the share program are set up to comply with the Securities Division and are 100% legal. · We do NOT have to comply with what Judge s issues as " changes " to our share programs. · We will fight this all the way to circuit court if we must - we will stand strong! (Though we feel that Clearview Acres may decide to follow the Judges orders) · We will wait to see the paperwork Judge s sends us (however long that may take) before we decide the course of action we will take. So many things were covered during the hearing, and I know that I'm missing a lot of the details here. We won't really know the outcome of the hearing until we receive the paperwork from Judge s. She did not give us a time slot when we could expect this paperwork, but we're expecting it to take weeks if not months! As we go over the day and remember more I will post it here. Until then please know that we're very upset about our waste of time and money it took to make this trip to Madison, which turned out to be more of a 3 ring circus than anything. Janet Wayne and Janet Brunner Midvalleyvu Farms, Arkansaw, Wisconsin www.midvalleyvu.com Weston A. Price Chapter Leaders for West Central Wisconsin www.westonaprice.org To learn more about Raw Dairy, visit our home pages at http://www.midvalleyvu.com Quote Link to comment Share on other sites More sharing options...
Guest guest Posted November 26, 2003 Report Share Posted November 26, 2003 Sorry to use all the war terms, you can probably tell I love war movies. But this is a war, it’s life and death stuff. At fifty-seven, I know I’m only as good as my last meal. If I had kids, I bet I’d really get worked up. Ron Your comments made me think of the tale The Incredible Story of and Dorothea Schmidt and Real Milk in Canada written by Sally Fallon. http://realmilk.com/summer2001.html “When affairs at the farm were at their lowest ebb, and Dorothea took a walk into their fields. had lost his will to fight and Dorothea was discouraged. It was at that moment, when both were absorbed in thought, that he was gored by one of his bulls. The horns that he had deliberately left on his cows gave him a huge gash and caused him to spend over one week in intensive care. Rudolf Steiner taught that the farm is a self-contained unit and that everything the farmer needs to know can be learned through patient observation of the life on the farm. The bull that gored Schmidt carried the most important message of all—that his only hope was to fight back.” With hope that this might help a bit, Laurel And BTW ---- 57 ain’t that old! (-: Quote Link to comment Share on other sites More sharing options...
Guest guest Posted November 28, 2003 Report Share Posted November 28, 2003 I hope you are able to continue to fight this decision as you have the the right intentions and disire to provide for eithers. May GOD be with you and yours. Question, can you operate at a seperate location, that is a cow-share program for the 100 share holders and continue milking for the processor. Regards, Calverts Castle & Judy Calvert Spokane, WA. Quote Link to comment Share on other sites More sharing options...
Guest guest Posted November 29, 2003 Report Share Posted November 29, 2003 I was thinking the exact same thing. Tom > Sounds like to me that someone " got to her " over her lunch break. > Sara > Notes from our Hearing > > > Good Morning Folks, > We returned home late last night - after a very long and stressful day at the DATCP in Madison. I know many of you are anxious to hear how it went - and I can't really say YET. > > The hearing was pretty much as we expected. Everyone gave testimony and many questions were asked. Judge s surprised us most, as she appeared to be very uninformed as to how each of our farms had set up our share programs. During the morning she asked a lot of questions that led us all to believe that she was actually going to agree that we were all set up correctly. When she questioned Randall Schuman (the lawyer representing the Department of Financial Institutions) he made it clear that each of the farms had gone through all of the correct channels and that he found us all to have followed her " final ruling (of 10-30-02) " to the T. > > At 12:30 she called a recess and asked us all to return at 1:30 - at which time she would announce her findings. We all went to lunch with the belief that Judge s would rule in our favor and we would hear her decision when we returned and be able to go home. > > Wrong........ > > When we returned, Judge s announced that she had a few more questions - which took another 2 hours. After this time she carefully and thoughtfully chose each and every word she said - as though she was afraid she might say the wrong thing. She said that " given the facts " she would not be able to offer clarification of the final ruling until she had listened to the transcript from the days hearing. She did however tell us all that many changes needed to be made in order for us to continue selling shares. This of course took her nearly an hour - and most if not all of what she said was totally " bogus " . Why do I say this? Quite simply! Judge s merely gave us the " idea " for setting up these share programs - she did not and could not give us her permission to do so. She is a Judge for the DATCP, not a Securities Lawyer. She has no legal say in how our entities are set up, and therefore cannot expect us to make the changes she insists upon. > > We sat quietly during her " speech " interjecting a few times when needed. We were all tired and wanted to go home, but instead were forced to sit and listen to her ramblings of changes needed, which of course were infuriating to all of us. In the end she said she would go over the transcript and mail our her findings to us as soon as she could. We were allowed to leave for our long drives home. > > Here are a few of the things that the Judge feels need to be changed: > a.. She feels that the small amount we are charging for our shares is not enough to be considered actual ownership. There should be a limit she said, to the amount of dairy products each person/family was allowed to take from the farm when purchasing a share. In other words, put a dollar value on the amount of dairy products you would take from the farm over a period of time and sell shares worth that amount. People could be allowed to make payments on their shares over time - such as each visit to the farm. Isn't this the same as " selling " the dairy products??? > b.. She feels that if a person were to buy a share in a farm, that they should be actively involved in the day to day workings in the farm. If you buy a share of 3M - are you expected to work for 3M? > c.. She feels that our " full disclosure " is not strong enough - that we need more information about the health hazards of consuming raw dairy products. Several people from within the DATCP were " kind " enough to offer their help with this........how nice of them huh? > d.. The Judge was very concerned that we farmers had the intention of eventually selling all our milk directly to share owners. This would mean that we would not need a milk producers license to sell our milk to a dairy plant. If this happened she said that the DATCP would no longer have control of the situation and was very unhappy about that prospect. She said that they needed to come up with a way to " oversee " our operations so that they could monitor them. > e.. For some reason she feels that the DATCP has a say in how we're set up currently - which of course is not true what so ever. > > Our Opinion of the days proceedings: > a.. The DATCP wants control of our share programs - which they do not currently have. > b.. All of the farms doing the share program are set up to comply with the Securities Division and are 100% legal. > c.. We do NOT have to comply with what Judge s issues as " changes " to our share programs. > d.. We will fight this all the way to circuit court if we must - we will stand strong! (Though we feel that Clearview Acres may decide to follow the Judges orders) > e.. We will wait to see the paperwork Judge s sends us (however long that may take) before we decide the course of action we will take. > So many things were covered during the hearing, and I know that I'm missing a lot of the details here. We won't really know the outcome of the hearing until we receive the paperwork from Judge s. She did not give us a time slot when we could expect this paperwork, but we're expecting it to take weeks if not months! > As we go over the day and remember more I will post it here. Until then please know that we're very upset about our waste of time and money it took to make this trip to Madison, which turned out to be more of a 3 ring circus than anything. > > Janet > > > Wayne and Janet Brunner > Midvalleyvu Farms, Arkansaw, Wisconsin > www.midvalleyvu.com > Weston A. Price Chapter Leaders for West Central Wisconsin > www.westonaprice.org > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > Quote Link to comment Share on other sites More sharing options...
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