GOSHEN, Indiana (PNN) - December 21, 2011 - David Hochstetler of rural Middlebury distributes raw milk to people who buy into his herd of Jersey cows. That action has drawn the ire of the Food and Drug Administration, which wants to inspect his farm because it believes it is the source of a 2010 bacteria outbreak in Michigan.
However, Sheriff Brad Rogers has a message for the FDA, which is, “get a warrant.”
The conflict between local and federal authorities came to a head two weeks ago when Hochstetler was summoned to testify before a federal grand jury in Detroit. He declined to appear, invoking his Fifth Amendment protections. Sheriff Rogers also notified the Department of InJustice attorney that if FDA agents tried to inspect Hochstetler’s farm without a signed warrant, they would be arrested on charges of trespass.
Since then the federal subpoena for Hochstetler has been withdrawn, according to Rogers.
The sheriff sees his action as protecting a local Amish resident - whom he called “an honest man” - from being harassed by federal officials.
Rogers said sheriffs across the country are beginning to resist actions by federal regulatory agencies when a warrant has not been issued. He cited a 1997 Supreme Court ruling, Printz vs. United States, that found in favor of a sheriff who did not want to enforce the federal Brady Act gun laws. That act required local law officers to enforce the federal law. The case was based on the Tenth Amendment, which states that powers not specifically granted to the federal government are reserved for the states.
“This isn’t about raw milk,” Rogers said. “It’s about fundamental rights.”
Rogers said he has been receiving new email in support of his action about every 10 minutes since word about his warning to the FDA spread across the Internet.
One of those supporters is Deborah Stockton, executive director of the National Independent Consumers and Farmers Association. Her agency is an advocate for small farmers who want to sell ag products directly to consumers. She sees Rogers as a brave man taking on the massive and powerful established agriculture industry and government agencies that support that industry.
“I think it was a brave thing for him to do,” said Stockton. “This is increasingly occurring around the country.”
