Morningland Dairy Raw Milk Cheese

January 25, 2014

Today marks the 1st anniversary of the day that the state of Missouri stole and destroyed all of our cheese!  36,420 pounds of unpasteurized, healthful cheese, embargoed for nearly 2-1/2 years and then carelessly destroyed by an out-of-control bureaucracy and their "just-doing-my-job" lackeys.  Here is the video that shows just how careless of the needs of real people and how controlling the government has become: 

https://www.youtube.com/watch?v=di_7aBLVn3Q.

  What may not be easily discerned on this video is the amazing fact that those men wore no protective clothing or gear in handling cheese that was judged to be so dangerous that it deserved to be destroyed, which proves just what a crime it was to destroy our beloved - and NOT DANGEROUS - cheese, and thusly our livelihood.  (They knew it was harmless or you can be sure they would have protected themselves.) 

The Missouri Milk Board refused to consider any proper sampling and testing of our cheese in their action against us; their goal was the unjust destruction of our cheese, and the Missouri Attorney General's office, the Missouri Milk Board, the Missouri Judge David Dunlap, and the Missouri Supreme Court, backed by the FDA (and even our local sheriff's department and state patrol) worked together to accomplish such a wicked goal.

It was - and is - a travesty of justice!

But all is not lost!  Those Missouri powers and the FDA would like us to think it is over, but OUR GOD REIGNS!  He is SOVEREIGN and is not mocked.  The truth is still the truth, and there is nothing they can do about it.  The God of the Bible, of Abraham, Isaac, and Jacob is whom we fear (love, and regard with awe) and in Whom we have faith, and we do NOT fear those earthly powers.

We intend to move forward with new plans to make and provide living food, locally-grown food, food that folks who care about the health of their families will want to consume, not the ultra-purified and empty-of-nutrition garbage that certain government entities would have us consume as we get sicker and weaker, succumbing to diseases and ailments that we could fight off if we had the immune system and stamina that comes with observing God's laws and statutes and consuming the healthful food that He gave us.  (Correct us if we are wrong, but we don't remember reading in the Bible that the FDA had to give their approval before we are allowed to consume any food!  Instead, according to His Word, we have the right - and duty - to provide whatever food we believe is good for our families!)

Please stay tuned to this blog for more information as we renew efforts to fight governmental tyranny (actions that take away a living soul's God-ordained rights and responsibilities), and to make strides in taking back our rights and responsibilities under God.

Thank you!

On May 19th of 2012, at a fundraiser for Farm-To-Consumer-Legal-Defense-Fund, we had the opportunity (and duty!) to share our farm raid story and to talk about some of the consequences of the tyrannical actions of the FDA and Missouri Milk Board against Morningland Dairy, despite the fact that no illness or complaint has ever come about in our 30 years of making raw milk cheese, and despite our willingness to get to the truth about our cheese. Joseph was invited to give a brief summary, and our prayers were answered as to what to say:

In our 30 yrs. of Morningland Dairy production there have been no complaints or reports of illness connected with eating our raw milk cheeses, yet in August of 2010 the FDA and Missouri authorities, using improperly handled and very questionable test results from California, made us recall all cheese sold in 2010, embargoed all our remaining cheese, refused to properly test our cheese, denied us a jury trial, judged us - without any proof - to have an unsanitary plant and sick animals, ordered us to make unaffordable changes to our plant that are not required according to regulation as well as to do expensive testing of our cheese that also is not required according to regulation, and have since badgered us with false accusations and demands for information from our new, private membership association, insisting specifically that we include our members’ private information and threatening us with a $100/day fine until we acquiesce to their demands.

If you are fed up, as are we, with power-hungry bureaucrats who are making every effort to deny us the right to choose what we feed our families and to destroy small family farms, then please stand with us in this fight. Help our family farm to continue by contacting the following offices, and by financially supporting us, if you can. This is not just about cheese; it’s about freedom under God, and not under these bureaucratic would-be gods. May the One, true God bless us in this fight!

OFFICE OF GOVERNOR JAY NIXON

P.O. Box 720

Jefferson City, MO 65102

Phone: (573) 751-3222

Email: http://governor.mo.gov/contact/

STATE MILK BOARD

1616 Missouri Boulevard

PO Box 630

Jefferson City, MO 65102

Fax: (573) 751-2527

Email: Gene.Wiseman@mda.mo.gov

Website: http://mda.mo.gov/animals/milk/

MISSOURI ATTORNEY GENERAL’S OFFICE

Supreme Court Building

207 W. High St.

P.O. Box 899

Jefferson City, MO 65102

Phone: 573-751-3321

Fax: 573-751-0774; Email: attorney.general@ago.mo.gov

Website: http://ago.mo.gov/

If you live in Missouri, please contact your elected representatives. To find your representative and senator, go to http://www.senate.mo.gov/llookup/leg_lookup.aspx

THANK YOU!

PLEASE NOTE: For up-to-date information about what has and is going on with our fight to keep Morningland Dairy alive, go to: http://uncheeseparty.wordpress.com/

Dear Customers and Friends,

       Morningland’s battle with the Missouri State Milk Board and the Missouri Attorney General’s office (who represents the milk board) continues.

       On January 11th and 12th of this year, Morningland went to court in West Plains, Missouri. We were there for 10 hours each day, with many supportive friends in attendance at times. Judge David Dunlap seemed to be genuinely interested in the facts of the case, and we were hopeful of a real consideration of those facts by him. Despite two long days, we ran out of time for the closing arguments of the case, so the judge required the final arguments of both sides to be in to him by January 28th.

       On February 23rd, Dunlap ruled in favor of the Missouri State Milk Board and against Morningland of the Ozarks, LLC. He ordered all of Morningland Dairy’s cheese inventory to be destroyed, for Morningland to pay court costs, and ordered Morningland to make several changes (some quite expensive) to the plant before getting back into business.

       Despite expert testimony that there was no real indication of any harmful bacteria in our cheese and a lack of evidence for the judgments he made, Judge Dunlap apparently did not want to be confused by the facts. In his judgment he stated, "...the court must therefore disregard the absence of sickness among the consumers of defendant's cheeses."

       On March 2nd we learned of the Missouri Milk Board’s intention to destroy our cheese on March 9th & 10th. Even though the judgment was not final until 30 days passed, and even though the board had been informed of our intention to request the judge to reconsider and our intention to appeal the judgment, they claimed that they must act quickly to protect the public from our cheese. They have also been informed that we at Morningland Dairy no longer sell to the public and have formed a 1st and 14th amendment private membership association, over which they have no jurisdiction, and that we only sell to members. The Missouri Milk Board, therefore, has no public to protect in our case! On March 8th a teleconference took place among the judge, the lawyer representing the attorney general’s office, and our FTCLDF lawyer, as well as Joseph & Denise Dixon. It was decided that we must put up a $2000 bond, and that the judge would decide within the next 5 days as to whether to grant a stay (keeping the state from destroying our cheese.) The judge actually made his decision by the next morning, granting the stay!

       The Farm To Consumer Legal Defense Fund has agreed to continue defending us in these actions, for which we are very thankful.

       We have now sent to the court our request for the judge to reconsider his decision, or, if not, for an appeal or new trial, including affidavits to give the judge more facts that show the error of his original decision. We wait now for an answer from the judge.

       Meanwhile, we carry on. Joseph is working out-of-state to support us, and Jedadiah works to keep things in order on the farm. I, Denise, try to keep up with the paper work and phone calls (with the help of Jedadiah’s wife, Erin.) I have failed miserably in keeping you all informed of what has happened, and I apologize. I shall try to do better.

       We all want to thank you for your support of Morningland Dairy. This battle we are in is NOT just about cheese. We feel strongly that we must not give in to the tyranny that is coming upon our land. We must not give in to those in power who would deprive us of our right to choose healthful food for our families and ourselves. One of the Missouri statutes that Judge Dunlap cited in his decision could set precedence for people being policed IN THEIR OWN HOMES as to what food they prepare and serve! (RSMo 196.595) We have a right and responsibility - given to us by God and according to the rules only He gave us- to choose what we shall eat and feed our families.

       Thomas Jefferson has been quoted as having said:

All tyranny needs to gain a foothold is for people of good conscience to remain silent.

       We must not remain silent. In writing this letter, we ask for your further support. Of course we know, as David did when he said as he readied to face the giant, Goliath, “The battle is the Lord’s. “ Morningland Dairy is just one small business, and a distressed one at that, but, like David did, we must make the effort to do all that we can do, with our Father’s leading. He led us to seek help from you, and we know, therefore, that we could not have come this far without your support. We need continued help if we are to persevere in this battle. So, as before, we ask for your patience, your prayers, and your support. Thank you so much, and may our Heavenly Father bless you twofold more than you bless us!

In His service,

Joseph, Denise, Jedadiah, and the families of Morningland Dairy

For more information, go to:

http://uncheeseparty.wordpress.com/

http://www.thecompletepatient.com/journal/2011/2/8/morningland-challenges-standard-food-police-practices-will-a.html

http://www.thecompletepatient.com/journal/2011/3/1/mo-judge-uses-defense-witness-info-on-high-somatic-cell-coun.html

http://www.thecompletepatient.com/storage/MorninglandDecison2-23-11.pdf

Dear Customers and Friends,

To keep you up to date with what is going on with Morningland, we are sharing an article written and featured on the Uncheese Party site.  Thank you for your continued prayers, patience, and support, which is greatly appreciated by us all.  Joseph, Denise, Jedadiah, and the Morningland families

"Stay of Execution on Cheese is Granted!

Morningland Moves on to Appeal

March 9th 2011

In a surprisingly fast decision, the Judge in the Morningland of the Ozarks LLC’s case has ruled in favor of a “stay of execution” on destruction of the cheese in the farmstead cheese company’s refrigerated cave.

Yesterday at 1pm, there was a teleconference regarding Morningland counsel’s request for a stay on the State’s desire to destroy all of the cheese that has been held under embargo since August 26th. The Judge had issued his Order for Judgment for destruction and had also issued a Permanent Injunction on Morningland LLC to stop them from making or selling cheese until a very untenable set of criteria were met by the company. Counsel Gary Cox requested a stay on destruction and asked the judge to dismiss the counter claims brought by Morningland LLC in their case with the Missouri Milk Board.

Today, March 9th, 2011, the day the Milk Board wanted to begin destroying the cheese, Judge Dunlap issued a five point ruling in favor of the Stay and now the case to destroy the cheese moves on to Appeal.

Morningland of the Ozarks LLC , has been in business for 30 years with no incidence of illness ever surfacing. Despite the history of companies like Morningland, the FDA issued a notice to consumers the same day the decision to grant a stay was being heard saying that raw dairy may “Pose a Health Threat”.

While Morningland of the Ozarks LLC has been put out of business by the seizure and complete halt of selling or producing cheese at the cheese plant, Morningland intends to move forward as a private health food association and hopes to make cheese again soon. Joseph and Denise Dixon, the prior principals of Morningland LLC said, “If we can just hold on until spring fully hits, when the grass comes in and the cows don’t need to be fed, we think we can weather this, and hopefully produce living, healthful food for our members again.” '

On February 23, 2011, Judge Dunlap of Howell Co., Missouri Court ruled against Morningland, despite expert testimony that the test results of Morningland's cheese did not indicate a presence of anything harmful to humans.  Ignoring the expert testimony, the judge also stated, "the court must... disregard the absence of sickness among the consumers of defendant's cheeses."

All of Morningland's cheese has been ordered to be destroyed, Morningland has been ordered to pay court costs, and also to make several changes, at considerable expense, to the cheese plant before resuming making cheese.

(See the Recall Info/Court Action page for the complete judgment/order.)**

** We are temporarily unable to dispay the judgment/order on our site.  It can be found at :  http://www.thecompletepatient.com/storage/MorninglandDecison2-23-11.pdf

We believe that the information Judge Dunlap used for his decision was incomplete, and we intend to submit a request for him to reconsider his judgment.  If the judge refuses to reconsider, we shall then appeal his decision.

We thank all of our customers and friends for their much-needed support, and we continue to request your patience, your prayers, and your support in the coming time of appeal.

In His service,  Joseph, Denise, Jedadiah, and the Morningland Dairy families

Last week we sent the following to the Howell County Court and to the Missouri Attorney General's office:

REQUEST FOR JUDICIAL NOTICE

Comes now, Defendants Joseph and Denise Dixon, with a request for judicial notice of the following item, to wit:

(1) There are several things of which courts are required to take judicial notice, with one being all State and Federal laws. We wish to point specifically to Public Law 97-280, which was approved by the United States Congress on October 4, 1982. It is the firmly held religious belief of the defendants that not only was Congress correct in their findings, but that we, the owners of Morningland Dairy, follow the teachings and precepts of scripture as the absolute and final authority in heaven and upon the earth.

(2) As an information source for this court, and to preserve our beliefs upon the face of the record, defendants recite the following:

I, Joseph Alan Dixon, of the house of Israel, do come before Yahweh, the God of Abraham, Isaac, and Jacob, and do bring with me for judgment all of us, from me and my family and businesses, to the state milk board, the attorney general office people, the state milk board people, the state of Missouri government, the FDA people, and all federal government agencies and the U.S. federal government for judgment under Yahweh's Law.

We, at Morningland Dairy, have looked fervently and have found no one that has been harmed in any way by our cheese!

The state agencies and government and federal agencies and government have looked fervently and have found no one that has been harmed in any way by our cheese!

We ask for judgment between them and us from the God of Abraham, Isaac, and Jacob on this matter.

II Chronicles 7:14 - If my people, which are called by my name, shall humble themselves, and pray, and seek my face, and turn from their wicked ways; then will I hear from heaven, and will forgive their sin, and will heal their land.

Dear Morningland Friends & Customers,

We apologize for the long delay in adding to this blog.  We have felt unsure of what to add as the preparations for court have been made.

We are scheduled to be in court on January 11th and 12th.  The place:  Howell County Courthouse, 101 Courthouse (downtown on the Square), West Plains, Missouri, 65775.

On Friday afternoon, the judge for our case bowed out and another judge was appointed.  Also, we were denied trial by jury, and only part of the case is to be heard, which is the Missouri Milk Board's claims and our first and second counterclaims.

No illnesses, no harm from our cheese, has ever occurred, in over 30 years.  There has been no verified testing of our cheese, but the intent of the Missouri Milk Board is to have all of our cheese destroyed.  How did we get to the point in the United States of America that we are guilty until proven innocent? 

If you can attend this trial, we invite you.  Hear what is said and you be the jury!  We ask for your humble prayers to the One True God, whom we know for a surety is truly in control of this situation.

If we haven't thanked you for your kind support before, we wholeheartedly do so now!  May you be blessed as you have blessed us!!

~Joseph, Denise, Jedadiah, and the families of Morningland Dairy

Morningland Dairy has received a letter from the FDA, stating that Morningland Dairy's cheese poses "an acute, life-threatening hazard to health”, and the Missouri Milk Board sent a letter to Morningland Dairy, stating that “No administrative regulations allow the appeal of the State Milk Board’s administrative order…”  Here is the complete article, written by Doreen Hannes, that gives an accurate account of both letters, and also details the petition from the Missouri Attorney General’s office (on behalf of the Missouri State Milk Board) that was delivered to our attorney, Gary Cox, from the Farm-to-Consumer Legal Defense Fund (FTCLDF), late Friday, October 22nd.  The petition is for a Court Ordered Injunction, and charges Joseph and Denise Dixon with three counts of violating state law, as set forth by the Missouri Milk Board.  

To see a copy of the Attorney General's petition, go to our 'Recall Information' page.

Folks have been asking how to send a donation to help Morningland Dairy with legal costs and/or just keeping afloat as we go through this time of not being able to make or ship cheese. To send a donation, go to the Un-Cheese Party, which was launched by friends who, too, are concerned for the very real threat to peoples' ability to choose their own food, and who want to help.

From all of us at Morningland Dairy, “Thank-you!”