In the span of four days, “over 800 people (have) given more than $56,000 to an online site raising funds” for an Upper Leacock Township, PA, farmer who, for the second time in just two years, has seen state “officials” enter his property and foist on him legal burdens that will cost him earnings and time, put his business in jeopardy, and burden his willing customers.
It's an unfolding news story that reminds observers of the good will people often show, as well as the numerous portions of the Bill of Rights many government employees appear willing to breach.
Amish farmer Amos Miller Thursday, January 4, had to deal with Pennsylvania Department of Agriculture agents entering his property with a warrant to "investigate" his Private Buying Club. It’s the second time he’s had trouble with the state, and comes after the previous dispute supposedly was resolved.
LancasterOnline reported January 5:
“Miller came to the attention of federal authorities in 2016, when the Food and Drug Administration said it identified listeria in samples of Miller’s raw milk and found it to be genetically similar to the bacteria in two people who developed listeriosis — one of whom died — after consuming raw milk.”
But, despite the FDA insinuation that Mr. Miller’s products were to blame for the tragedy, the claim of “genetic similarity” applies to all forms of listeria. More pertinent, and perhaps more valuable for the rest of the nation, is the fact that the FDA is not sanctioned by the US Constitution, and the “state inspection” and “federal inspection” paradigms are not consistent with the constitutionally proper jurisprudential method to handle any such poisoning-claim problem.
The correct method is found in the personal issuance of a wrongful death or liability suit, based on Common Law torts, whereby someone brings a claim against the alleged perpetrator for his negligence or intentional wrongdoing. The only justified presence of the federal government would be managing the cross-state court matters to facilitate the tort claims. As scholars on tort law have noted, tortious claims only can be made by real people, not by abstractions called “states” or “governments.” States are not individual people, and have no rights.
Nonetheless, writes LancasterOnline:
“That led to the U.S. Department of Agriculture’s Food Safety and Inspection Service investigating and suing Miller over the meat and poultry issue in 2019, which led to the first agreement under which Miller was to follow federal food safety rules.”
This led to more conflict:
“For much of 2022, Miller and the U.S. government were in a standoff over his compliance with federal food safety rules and failure to pay assessed fines. At one point, Miller refused to follow through on previous agreements reached under a federal judge’s supervision. But the parties resolved the dispute by early 2023, and the federal court docket for Miller's case shows it was closed in August.”
Many Americans might mistakenly think that, given the New York and Michigan-based claims of food-poisoning allegedly tied to Miller’s farm, these federal and state moves are appropriate. But they are not, and a few questions remain quite outstanding.
How did the unconstitutional FDA impose “fines” on Mr. Miller if they never accused him of a crime against someone, never afforded him due process under the Fifth and Fourteenth Amendments, and engaged in punishing him with said fines, contrary to the Eighth Amendment? After all, fines are only supposed to be levied AFTER due process.
Related: Feds' Armed Raids on Milk Farmers Prompt States to Fight Back | MRCTV
LancasterOnline blithely accepted the notion that the state or federal governments can simply “make something illegal to sell” without actually citing the US Constitution or more fundamental human ethics and due process. They noted that the state “warrant”, issued January 3 allowed the state to search for:
“…among other things, illegal raw milk and raw milk products, including eggnog…”
What are “illegal raw milk and milk products”?
Either people claim harm and then approach government to facilitate their claims, or the owner of the farm should be able to go about his business unmolested, and people are free to buy his products or turn away.
The Lancaster Patriot notes that this “search warrant” was issued:
“…by Magisterial District Judge B. Denise Commins and included an affidavit of probable cause completed by Sheri Morris, Acting Bureau Director of Food Safety with the Pennsylvania Department of Agriculture.”
Probable cause claimed by a bureau director? Again, that does not conform with what is required by the Fourth Amendment.
In fact, the “affidavit” cited what the bureaucrat claimed were breaches of demands by the state, not criminal harms inflicted on others by the farmer. Evidently, Mr. Miller should be unable to offer products to willing customers if he has not asked for “permission” and been “licensed and registered” by the “authorities.”
“In the affidavit, Morris contends that Miller has not filed for applications from the Pennsylvania Department of Agriculture ‘for registration, licensing, or permitting under the pertinent Retail Food Facility Safety Act, Food Safety Act, or Milk Sanitation Laws.’”
As Miller’s attorney, Robert Barnes observes:
“Today, the Department of Agriculture of the State of Pennsylvania suddenly came, without notice, raided Amos’ farm, and detained everything Amos had in the farm’s freezer. They did so in a lawless manner, without appropriate authority, in violation of their own rules and regulations, despite never objecting to the prior resolutions reached with the federal government, and despite a complete failure by the state to even reach out to Amos’ known counsel, Robert Barnes. The state’s own rules require advance notice, reasonable time frames for inspections, and a showing of credentials, none of which occurred here…”
Congressman Thomas Massie (R-KY) has introduced legislation to reduce the pressures these officious so-called “officials” and federal bureaucrats place on buyers and sellers of agricultural and dairy products. And he, too, has tried to call attention to the Miller plight.
Miller has cited his religious beliefs as part of is justified claim to be left alone by the “regulators,” but one should not have to do that. The federal usurpations of how we do business are unwarranted on a moral level and illegal on a constitutional level.
It’s up to us to help others understand that.
Related: Sign Of Tyrannical Times: Maine Approves Right 'To Produce & Consume' Food | MRCTV
Follow MRCTV on X!
Unconstitutional California law banning concealed carry in dozens of public places goes into effect.
— MRCTV (@mrctv) January 8, 2024
https://t.co/n7o4we32kZ