Miller-Enforcement Amish

USDA inspector Paul Flanagan converses with Scott, the local police detective, as one of Amos Miller’s workers walks past, during Monday’s federal inspection of the farm.

No one really wanted to be there at the end of the Pennsylvania farm driveway this morning—neither the two agents from the U.S. Department of Agriculture in ill-fitting bulletproof vests under their sport shirts, nor the armed local police detective who accompanied them, nor the Amish owner of the farm, Amos Miller.

The agents tried to be engaging, clearly hoping Miller would at least temporarily abandon his tenacious resistance to the USDA subpoena that eventually led to a federal court order allowing today’s search. Miller, however, wasn’t about to do anything to accommodate the government representatives.

After a little verbal dancing in the driveway, during which the agents encouraged Miller to show them around, and Miller demurred and told the agents to do what they needed to do under their federal court order, the agents spent about two hours walking through Miller’s production and storage facilities, taking notes and photos. At one point, Miller requested the agents wear gloves before handling wrapped meat packages.

Before the agents departed, a little after noon, the lead agent, Paul Flanagan, suggested to Miller that, in Flanagan’s judgment, Miller was likely violating federal meat laws that prohibit re-selling custom-slaughtered meat. He suggested Miller could most easily solve the problem by having cattle and other animals slaughtered and butchered at a USDA-inspected slaughterhouse.  Flanagan handed over to Miller a variety of forms and instructions on complying with USDA regulations.

Under USDA regulations, meat from animals not slaughtered in facilities regularly inspected by USDA agents can only be consumed for “personal” use. It must be labeled “NOT FOR SALE,” and the meat isn’t supposed to be sold, traded, or given away.

Miller has argued that his farm’s meat, slaughtered and butchered on his farm, can be sold directly to members of his private association.

It wasn’t clear when the agents left around mid-day Monday what might happen next— if or when they might be returning, or whether they might be recommending some regulatory action against Miller. According to the court order issued nearly two weeks ago by U.S. District Court judge Edward Smith, the USDA has fairly wide discretion—its agents are supposed to complete their inspection “with reasonable promptness.” Then, they can return within 90 days of completing their inspection “to determine whether any violations found have been cured.” Then, “within ten days of the completion of all activities authorized in this Order, the United States shall file a brief report concerning the status of this matter. If defendants have complied with this Court’s Order and the administrative subpoena, this matter will be dismissed.”

Liz Reitzig, who was on site at Miller’s Organic Farm, provided significant information for this post.