Warehouse under embargo (was Re: Re: New Items at the Wareho

[Guest guest]

All,

I am honestly confused why this is even considered debatable (not trying to

start a fight, just to understand). Can someone please explain it to me? The

state constitution is very, very clear. It reads, " NO LICENSE REQUIRED TO

PEDDLE. Any person may sell or peddle the products of the farm or garden

occupied and cultivated by him without obtaining a license therefor. " As Carol

stated, to peddle means to travel around with goods for sale. I believe it is

illegal for the state to make any rules or regulations that violate the

constitution, so the state is absolutely in the wrong. Am I missing something?

It's important that I understand this.

Sheri

>

> Damien,

>

> The court ruling is vague and is open for interpretation, as Alvin pointed

out, and I fully agree with him that we should not take the dep of ag

interpretation of it and accept it without argument.

>

> Furthermore a farm vehicle is easily argued to be an extension of one's farm.

And in my opinion, rightfully so since restricting purchase directly on the farm

makes access to its food prohibitive to us the consumers, and it is our right to

choose real dairy, or at least it was before the dep of health got over zealous.

I think imposition of such restrictions can be argued that it is a violation of

our consumer freedoms.

>

> Furthermore, such an interpretation is contrary to the MN constitution clause

that protects the farmer from excess licenses restrictions. It also states that

the person who operatates and cultivates the land is allowed to sell or peddle

the products of the land without a license.

>

> The definition of peddle - v.tr.

> 1.

> a. To travel about selling (wares): peddling goods from door to door

>

> I do not see how the dep of ags interpretation of the law can possibly

supersede the state constitution. Interpretation of such, by my best guess,

also means that farrmers markets too are illegal. No?

>

> If you diagree with this, that is perfectly fine, but can I request that you

be careful in stating your opinion as fact please since there is a lot of debate

over the meaning? :-)

>

> Carol

>

> *snip*

> >

> > As the one who raised a point earlier regarding legality, the issue was

regarding *delivery* of the milk, not the act of producing & selling the milk

itself, I apologize if I was not clear on this.

> >

> > --

> > Damien McKenna - Husband, father, unabashed geek.

> > damien@ - http://mc-kenna.com/ - twitter:DamienMcKenna

> >

>

[Guest guest]

Interpretation of the state constitution and statutes are debatable.

Ultimately, the judicial system will decide who prevails.

Sorry for the repost, but here are some details for anyone interested:

The Hartmann's supreme court case:

http://caselaw.findlaw.com/mn-supreme-court/1081314.html

The raw milk statute:

https://www.revisor.mn.gov/statutes/?id=32.393 & year=2003

32.393 Limitation on sale.

Subdivision 1. Pasteurization. No milk, fluid milk products, goat milk, or

sheep milk shall be sold, advertised, offered or exposed for sale or held in

possession for sale for the purpose of human consumption in fluid form in

this state unless the same has been pasteurized and cooled, as defined in

section 32.391; provided, that this section shall not apply to milk, cream,

skim milk, goat milk, or sheep milk occasionally secured or purchased for

personal use by any consumer at the place or farm where the milk is

produced.

State constitution re: farmers: Article XIII, Sec. 7

http://www.house.leg.state.mn.us/cco/rules/mncon/mncon.htm

Sec. 7. No license required to peddle. Any person may sell or peddle the

products of the farm or garden occupied and cultivated by him without

obtaining a license therefor.

Greg

On Thu, Jun 17, 2010 at 12:29 PM, sherimiller42 <

sherimiller.miller@...> wrote:

>

>

> All,

>

> I am honestly confused why this is even considered debatable (not trying to

> start a fight, just to understand). Can someone please explain it to me? The

> state constitution is very, very clear. It reads, " NO LICENSE REQUIRED TO

> PEDDLE. Any person may sell or peddle the products of the farm or garden

> occupied and cultivated by him without obtaining a license therefor. " As

> Carol stated, to peddle means to travel around with goods for sale. I

> believe it is illegal for the state to make any rules or regulations that

> violate the constitution, so the state is absolutely in the wrong. Am I

> missing something? It's important that I understand this.

>

> Sheri

>

>