Sauk County Farmer Battling To Sell Raw Milk

State Officials Sealed Refrigerators On Wednesday

Updated: 7:33 am CDT June 4, 2010

A rural Loganville farmer could face charges for selling raw milk products from his farm store.

Pro-raw milk advocates said the Sauk County farmer is within his legal right in selling raw milk and other raw milk dairy products at his private, members-only store.

But state regulators from Department of Agriculture Trade and Consumer Protection said raw milk or not, what farm owner Vernon Hershberger is doing is illegal.

"(The Department of Agriculture) came (Wednesday) morning around 10:00 and asked for permission to inspect our private facilities," Hershberger said. "I did not give my permission."

Shortly thereafter, DATCP officials returned with Sauk County sheriff's deputies and a warrant. Hershberger's coolers were all sealed for operating without a license, and he was ordered not to sell any more of his raw-milk products.

On Thursday morning, Hershberger unsealed the fridges himself and began selling raw milk again.

"Selling raw milk is illegal -- that's what they think," Hershberger said. "And they do not recognize the option of making private sales. They do not recognize that at all."

Steve Ingham from DATCP's food safety division said the issue is much broader than raw milk. The Hershberger farm produces and sells various products made with raw milk, but state regulators said he has no licenses to do so.

"The basic point is, it's an unlicensed dairy processing plant," Ingham said. "To process milk into anything else, you need a dairy processing plant license. This person did not have it."

Hershberger also doesn't have a license to sell his products, but he said he's operating as a private, members-only store.

"Under the Constitution, we're allowed to form a private contract between two people that are knowledgeable about what the contract is about," Hershberger said. "We're allowed to form that without any interference from governmental agencies whatsoever."

Regulators at DATCP disagree. Hershberger says he's ready to fight it.

"I guess I'm willing to face the consequences," Hershberger said. "We have a lot of support."

DATCP officials said the Hershberger farm did have a Grade A permit, allowing it to sell milk to processors, but the permit was surrendered in February. That usually happens when a dairy producer fails to sell milk to a processor for 60 days, WISC-TV reported.

The Department of Agriculture said it's aware that the Hershbergers are still selling their products but said there's nothing it can do because the farm isn't licensed.

Department of Agriculture officials will soon turn over their documents and reports to the Sauk County district attorney's office.

District Attorney Patricia Barrett would not take WISC-TV's phone calls Thursday.

Just last month, Gov. Jim Doyle vetoed a bill to allow the sale of raw milk on Wisconsin farms. The measure had been passed by the Legislature if farmers only sold the milk from their farm and didn't use outside advertising.

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