Oathkeeper Sheriff Blocks Feds From Raiding Local Farmer

[Subyman]

It looks like the FDA may have over stepped their authority and that is the only reason the sheriff was in the clear and why they quit once the sheriff became involved. Obviously the EPA, OSHA, FDA, etc can inspect a business that falls under their authority. It seems the FDA did not have authority to search this man's property.

However, I'm not sure if local authorities have any control over what federal officials do while under official duty of their department even if they are "breaking the law." I think the sheriff certainly risked his neck and ended up being right. I think it is admirable, but could have gone south quickly.

 

[fskimospy]

http://www.fda.gov/ICECI/ComplianceManuals/CompliancePolicyGuidanceManual/ucm073839.htm

Is as often as every 2 weeks within reasonable limits? How much food is searched for roaches?

All of it, every day every bite?

.

It is not up to the sheriff to decide if those inspections are warranted or fall within reasonable limits. He doesn't have the authority or the expertise to do so. If he actually tried to arrest a federal official he should be removed from office and potentially arrested himself.

Do you really want some random local dumbass deciding how the FDA should regulate business in his county? Doesn't that seem like a recipe for disaster?

 

[Genx87]

http://www.dontcomply.com/oathkeeper-sheriff-blocks-feds-raiding-local-farmer/

Sheriff Hero-man McFreedom doesn't get to opine about whether or not the Federal Government has jurisdiction and legal ability to inspect a farm, even when the farmer - GASP - decides that he just doesn't want to be inspected anymore and stuff you guys!

Again, the ability of local or state officials to overrule the Federal Government was argued, violently, from 1861-1865. Sheriff Hero-man McFreedom doesn't get to relitigate it because he up and decided to have himself an opinion, published in a confederate-worshipping newsletter, literally named dontcomply.com

Eh so if this story checked out and the feds were inspecting him every 2 weeks you are ok with that? All over selling raw milk to willing consumers?

 

[Genx87]

The sheriff may be right.

From Wikipedia




The farmer was producing raw milk and organic food.

So, no jurisdiction to the FDA. May be why they dropped it. If it went to court everybody might find out they were exceeding their authority. They would rather let people believe that whatever a federal government agency says goes... can't have people not blindly following orders.





Asking for probable cause and a search warrant is Constitutional.


.

If this story is true. I suspect the feds were bullying the farmer. And instead of risking getting into the news for being arrested over raw milk. Somebody decided it was easier and more cost efficient and less embarrassing to move onto another farmer selling raw milk to harass.

 

[fskimospy]

Eh so if this story checked out and the feds were inspecting him every 2 weeks you are ok with that? All over selling raw milk to willing consumers?

While I have no idea if the FDA was doing something useful no matter if the FDA is right or wrong the sheriff is absolutely wrong in trying to overstep his authority. That is not his job and that's not how the system works. He should be disciplined at a minimum.

 

[glenn1]

Because warrants aren't used for those inspections. A judge wouldn't have been able to grant one even if he wanted to from my understanding as they don't make warrants for FDA inspections.

In addition, whether or not that particular individual was engaging in interstate commerce doesn't actually matter so long as the regulation is on activity that substantially affects interstate commerce. For example if our milk markets are frequently interstate the fact that one individual farmer might not sell his over state lines does not exempt him from broader regulations. This sort of regulatory authority has been around for a long time.

The sheriff was wrong and either doesn't understand the law or doesn't care to follow it.

Not surprised that you would post this, of course you're on the side what worships FDR and his blatant warping of the Commerce Clause to support your authoritarian impulses. I'm surprised you haven't already quoted Wickard v. Filburn to augment your case.

 

[MrPickins]

Thread title is misleading. He didn't prevent a raid, only inspections.

Yes I know that was the title of the article, but that's of little importance.

 

[fskimospy]

If this story is true. I suspect the feds were bullying the farmer. And instead of risking getting into the news for being arrested over raw milk. Somebody decided it was easier and more cost efficient and less embarrassing to move onto another farmer selling raw milk to harass.

Raw milk confers no health benefits over pasteurized milk and about 150 outbreaks of foodborne illness have happened in the last 15 years or so due to people drinking it.

It's not harassment, it's smart food policy.

 

[Genx87]

While I have no idea if the FDA was doing something useful no matter if the FDA is right or wrong the sheriff is absolutely wrong in trying to overstep his authority. That is not his job and that's not how the system works. He should be disciplined at a minimum.

I dont think he would have actually overstepped his authority. Writing a letter and actually arresting federal agents are two different things.

That said if they were stopping by every 2 weeks to inspect wouldnt you consider that harassment?

 

[fskimospy]

Not surprised that you would post this, of course you're on the side what worships FDR and his blatant warping of the Commerce Clause to support your authoritarian impulses. I'm surprised you haven't already quoted Wickard v. Filburn to augment your case.

What about what I wrote is inconsistent with the law?

 

[fskimospy]

I dont think he would have actually overstepped his authority. Writing a letter and actually arresting federal agents are two different things.

That said if they were stopping by every 2 weeks to inspect wouldnt you consider that harassment?

It would depend entirely on why they were inspecting every two weeks. Regardless, it's not the sheriff's call.

 

[Genx87]

Raw milk confers no health benefits over pasteurized milk and about 150 outbreaks of foodborne illness have happened in the last 15 years or so due to people drinking it.

It's not harassment, it's smart food policy.

Selling to people who know the risks. It isnt like he is out trying to sell this at a grocery store or in a fraudulent manner. I view this situation like drugs. Drugs which people also want to consume and have health risks. People are willingly engaging in risky behavior. Harassing a farmer over this behavior is a total waste o time.

 

[Subyman]

While I have no idea if the FDA was doing something useful no matter if the FDA is right or wrong the sheriff is absolutely wrong in trying to overstep his authority. That is not his job and that's not how the system works. He should be disciplined at a minimum.

To be fair he never arrested anyone. He sent a letter threatening interference if they continue to "harass" the farmer. He said he wanted to see a warrant, but I'd think if they FDA showed their authority by law then that'd be enough. Sure, the feds are not required to get the blessings of the local police, but I find it nice that the local sheriff risked his neck for, what turned out to be, an overreach of federal authority. Trying to discipline the sheriff would only make the feds look worse.

 

[Genx87]

It would depend entirely on why they were inspecting every two weeks. Regardless, it's not the sheriff's call.

At the end of the day it wasn't the Sheriffs call. The feds backed off. They could had pushed it if they wanted.

 

[fskimospy]

To be fair he never arrested anyone. He sent a letter threatening interference if they continue to "harass" the farmer. He said he wanted to see a warrant, but I'd think if they FDA showed their authority by law then that'd be enough. Sure, the feds are not required to get the blessings of the local police, but I find it nice that the local sheriff risked his neck for, what turned out to be, an overreach of federal authority. Trying to discipline the sheriff would only make the feds look worse.

How do we know it was an overreach of federal authority? Are you saying because the Feds backed off? If so, should we have interpreted the Cliven Bundy situation as an overreach of federal authority?

It is at least as likely that the FDA simply didn't feel like dealing with a nutty county sheriff.

 

[fskimospy]

Selling to people who know the risks. It isnt like he is out trying to sell this at a grocery store or in a fraudulent manner. I view this situation like drugs. Drugs which people also want to consume and have health risks. People are willingly engaging in risky behavior. Harassing a farmer over this behavior is a total waste o time.

I sincerely doubt that most people who regularly consume raw milk understand that it confers no noticeable health benefits but carries substantial risks.

I view this like drugs as well, people should be free to consume them if they want but that doesn't mean they should be free from basic health and safety regulations. I would never support the sale of drugs that weren't subject to safety regs.

 

[Subyman]

How do we know it was an overreach of federal authority? Are you saying because the Feds backed off? If so, should we have interpreted the Cliven Bundy situation as an overreach of federal authority?

It is at least as likely that the FDA simply didn't feel like dealing with a nutty county sheriff.

Could be, but seeing as his business model was milking someone else's cows, I'm leaning toward they didn't have the authority. It could very well be that it wasn't worth their time, in which case, that's fine with me too. Seems like a waste of time telling people they can't pay someone else to milk their cow for the raw milk. :\

 

[Subyman]

I sincerely doubt that most people who regularly consume raw milk understand that it confers no noticeable health benefits but carries substantial risks.

IIRC making mozzerella is harder with pasteurized milk, but I doubt that is why they were buying it

 

[shortylickens]

arresting them would be illegal.

Writing or calling the Attorney General would not be legal, but proper for a local sheriff. (Assuming they did not have legit warrants, which I bet they probably do)

 

[brycejones]

"oath keeper" lol

 

[OutHouse]

The sheriff had no authority to interfere with federal officials carrying out their lawful duties.

what the inspectors were doing was illegal and unconstitutional. what part of that is so hard to understand. Sheriffs are elected officials and have a lot of power, i suggest you educate yourself.

 

[OutHouse]

It's not harassment, it's smart food policy.

and our resident communist has spoken.

 

[glenn1]

Raw milk confers no health benefits over pasteurized milk and about 150 outbreaks of foodborne illness have happened in the last 15 years or so due to people drinking it.

It's not harassment, it's smart food policy.

How do we know it was an overreach of federal authority? Are you saying because the Feds backed off? If so, should we have interpreted the Cliven Bundy situation as an overreach of federal authority?

It is at least as likely that the FDA simply didn't feel like dealing with a nutty county sheriff.

Whether it's "smart food policy" or not, the FDA doesn't have regulatory authority over raw milk not being sold or distributed outside the state. They had no right whatsoever to inspect the farmer unless it was the non raw milk portion of his farm and if they did inspect the raw milk portion the agents who did so should be fired and the career FDA professional who directed them to do so should be prosecuted for authorizing an illegal act. While what this sheriff did wasn't appropriate he was still correct under the "broken clock 2x day" principle since the FDA was 100% wrong.

http://www.fda.gov/food/foodborneillnesscontaminants/buystoreservesafefood/ucm277854.htm

However, in light of concerns that have been raised about potential FDA actions, we want to remind the public that FDA does not regulate the intrastate sale or distribution of raw milk. Whether to permit the sale and distribution of raw milk within a state is for the state to decide.

 

[OutHouse]

Quote:
However, in light of concerns that have been raised about potential FDA actions, we want to remind the public that FDA does not regulate the intrastate sale or distribution of raw milk. Whether to permit the sale and distribution of raw milk within a state is for the state to decide.

correct, so the question is why was the FDA being draconian assholes to this farmer?

 

[Genx87]

Could be, but seeing as his business model was milking someone else's cows, I'm leaning toward they didn't have the authority. It could very well be that it wasn't worth their time, in which case, that's fine with me too. Seems like a waste of time telling people they can't pay someone else to milk their cow for the raw milk. :\

This is the land of the free you know. Unless you want to drink raw milk.