During the gathering of Family Farms Cooperative members at Linda Diane Feldt’s home Friday evening, a few spoke of a two updates in the legal proceedings involving the co-op. The proceedings grow out of the sting operation last October 13, with its search warrants and product seizures.
1. The federal Food and Drug Administration’s (FDA) February warning letter against David Hochstetler, the Indiana farmer who produces the co-op’s raw milk. Hochstetler and his wife, accompanied by Steve Bemis, a Michigan attorney, met with FDA officials in the agency’s Detroit office last Tuesday. In addition to four FDA Detroit officials, an FDA official from Indianapolis and another from headquarters in Rockville, MD, joined in via phone.
Bemis says he argued to the FDA officials that confusion exists for farmers in the FDA’s rule prohibiting interstate commerce of raw milk—as to whether the rule applies to milk shipments for cowshare arrangements. Bemis also pointed out that Hochstetler had previously informed state officials about his involvement in a cowshare arrangement. The fact that no government officials followed up before the Oct. 13 sting operation could be interpreted as tacit approval, he said.
The FDA acceded to a request from Bemis to give Hochstetler an extension of 15 days to file a written response to the warning letter. Discussions between Bemis and FDA officials are understood to be continuing.
2. The Cass County prosecutor’s office, which is the focal point in Michigan’s legal proceedings against the co-op. Victor Fitz, the chief prosecutor, has apparently run up against a manpower shortage in his office, based on several lawyers departing his office. The turnover is interfering with efforts to come to a final decision about whether or how to move forward in a case. After several times over the last few months indicating his office was very close to a decision on whether to file charges in the case, Fitz now says it’s not clear when a decision will come.
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