More pressure from a state agency, not unlike that being applied to our 
local Meadowsweet Farm, occurred earlier this month in Ohio.  (See 
article and video below.) In this case the licensing dispute ended in a 
raid of the home-based organic food cooperative where the family 
(including eight children) were herded at gunpoint into a back room for 
hours while law enforcement seized their food, computers and searched 
the home, undoubtedly hoping to find other violations.  I'm afraid we 
can only expect more of this sort of gov't intervention as people search 
for innovative ways to cooperate outside the big Ag police state.

-- Katie Q-J

YouTube Video:  
http://www.youtube.com/watch?v=FdLxMKuxyr4&eurl=http://www.buckeyeinstitute.org/&feature=player_embedded

Friday, December 19, 2008
*Organic food co-op raid sparks court case against health department, ODA*
by Andrea Zippay

SALEM, Ohio --- Legal action has been taken on behalf of a Lorain County 
farm family that says a raid on their property earlier this month 
violated their constitutional rights.

The Buckeye Institute's 1851 Center for Constitutional Law and the 
Farm-to-Consumer Legal Defense Fund filed a lawsuit Dec. 17 in Lorain 
County Common Pleas Court against the Ohio Department of Agriculture and 
the Lorain County Health Department.

The suit was filed on behalf of John and Jacqueline Stowers of LaGrange, 
Ohio.

It's alleged that on the morning of Dec. 1, ODA and Lorain County Health 
Department agents raided the Stowers' home and in-house organic food 
cooperative, Manna Storehouse, and unlawfully seized their personal food 
supply, cell phones and computers.

The county says the Stowers need proper licenses to operate their retail 
store in accordance with state food safety rules.

"They brag on the Internet they don't have anything to do with the 
government, but they're selling perishable products to people, and that 
means they need a license," said Scott Serazin, an assistant county 
prosecutor.

The Buckeye Institute argues the right to buy food directly from local 
farmers, distribute locally grown food to neighbors, and pool resources 
to purchase food in bulk are rights that do not require a license.

Chain of events

According to the court, search warrant and affidavits, county health 
department officials and an ODA enforcement agent said they believed the 
Stowerses were operating a retail food establishment without a license, 
which is a violation of Ohio Revised Code.

Dorothy Kloos, a registered sanitarian with Lorain County's health 
department, and two other inspectors visited Manna Storehouse in 
November 2007 and "were told to leave the property before the inspectors 
could make observations of the operation."

During that visit, Kloos left information on state licensing 
requirements. In December 2007, the Stowerses responded to the health 
department in a letter saying they didn't need a license to operate 
their private cooperative.

In September 2008, the health department referred the matter to the 
Lorain County Prosecutor's office and requested assistance from the 
department of agriculture and health department to "gather evidence 
regarding the Manna Storehouse operation."

There has never been a complaint filed against Manna Storehouse or the 
Stowerses related to the quality or healthfulness of the food 
distributed through the co-op, according to the Buckeye Institute.

The Stowerses could not be reached by phone for comment. The health 
department referred all calls to the prosecutor's office.
Raid

The court filing says police raided Manna Storehouse and the Stowers' 
home Dec. 1, 2008.

It is alleged that "during the raid, at least one if not several police 
entered the home with guns drawn" and that the family's home was also 
surrounded by police with guns drawn, according to the court filing.

At least eight children were in the home during the raid.

In a video posted on YouTube by the Buckeye Institute, Jacqueline 
Stowers described the raid as "violent, belligerent and forceful," and 
described being held by armed guards for six to seven hours in the 
living room.

She called the event "extremely traumatic" for the family.

According to Kaleigh Frazier, spokesperson for the department of 
agriculture, an enforcement agent and a representative of the 
department's food safety division were present for the visit "in a 
supportive role" and to answer any license questions that arose.

Frazier said department of agriculture agents do not carry firearms.

The Plain Dealer previously reported the search was conducted over three 
to four hours, that one agent carried a shotgun, and no semiautomatic 
weapons were present during the raid.
Taken

During the raid, officers seized computers, cell phones, and a 
"significant food supply," much of which was from the Stowers' own 
personal pantry, according to the court filing. The filing lists the 
value of the food as more than $10,000, including a year's supply of 
meat for the family.

The Stowers family includes eight children, seven of whom live in the 
home. The family's oldest son's wife and three children also live there; 
the son is serving in the military in the Middle East.

The taking of the family's computers also prevents the children, who are 
home-schooled, from completing their lessons, John Stowers said in the 
video.
Reasons

The lawsuit says the Manna Storehouse "cannot reasonably be classified 
as a retail food establishment because it does not store, process, 
prepare, manufacture or otherwise handle food for retail sale" and that 
the co-op is exempt from licensing requirements.

The Stowers describe the storehouse's activity as buying local foods 
from farmers; growing their own food; consuming the food they have grown 
or purchased; and distributing excess of that grown or purchased to 
members of their co-op in prearranged amounts.

Serazin said because the Stowers are selling food they purchased, they 
need a retail license.

Stowers also said the only exception to the section of Ohio Revised Code 
the Stowerses are pointing to for their independence is meant for 
farmers producing a product on their own property and selling it from 
the property.

For instance, a farmer with a flock of hens may sell a certain number of 
eggs per year from the farm with no need for a license. If that farmer 
sells the eggs to someone else, who sells them to others, then the 
exception is voided.
Protection

"Ohioans do not need a government permission slip to run a family farm 
and co-op, and should not be subjected to raids when they do not have 
one," said Buckeye Institute 1851 Center of Constitutional Law Director 
Maurice Thompson.

Thompson also said forceful raids and searches and seizures exceed the 
authority granted to ODA and county health departments.
-- 
_______________________________________________
For more information about sustainability in the Tompkins County area, please 
visit:  http://www.sustainabletompkins.org/ 

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