Tuesday, March 9, 2010

State lawsuit over raw milk sale headed to trial

Posted by Jonathan Bender on Tue, Mar 9, 2010 at 2:00 PM

click to enlarge milk.jpg

A Greene County judge allowed a state lawsuit over the sale of raw milk by a Laclede County farm to continue on Friday, but indicated that the intent of the dairy law upon which the suit is based could be up for debate at the trial.

While the sale of raw milk is legal in Missouri, the issue of where it's being sold is at the center of the case. Raw milk from the Bechard Family Farm was purchased by two undercover agents from the Springfield-Greene County Health Department last summer. In addition to the state suit, the city of Springfield has charged proprietor Armand Bechard with operating a food establishment without a permit. Bechard's attorney Gary Cox talked to KSPR 33 about what constitutes a farm: 

"The state is taking the position that you have to purchase it at the

farm, at the physical location of the farm, which is why I made the

argument. If that was the case, the General Assembly would have used

the words at the farm instead of from the farm," said Cox.

When Fat City reported on the suit back in December, critics called for a discussion about antiquated dairy laws rather than a lengthy or costly court battle. The trial, originally scheduled for September, is set to go before a jury in April.

[Image via Flickr: R'eyes]

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