For the USDA and its sister food regulator, the FDA, there’s a problem: many of the farmers are distributing the food via private contracts like herd shares and leasing arrangements, which fall outside the regulatory system of state and local retail licenses and inspections that govern public food sales.
In response, federal and state regulators are seeking legal sanctions against farmers in Maine, Pennsylvania, Wisconsin, Minnesota, and California, among others. These sanctions include injunctions, fines, and even prison sentences.
Food sold by unlicensed and uninspected farmers is potentially dangerous say the regulators, since it can carry pathogens like salmonella, campylobacter, and E.coli O157:H7, leading to mild or even serious illness.
Most recently, Wisconsin’s attorney general appointed a special prosecutor to file criminal misdemeanor charges against an Amish farmer for alleged failure to have retail and dairy licenses, and the proceedings turned into a high-profile jury trial in late May that highlighted the depth of conflict: following five days of intense proceedings, the 12-person jury acquitted the farmer, Vernon Hershberger, on all the licensing charges, while convicting him of violating a 2010 holding order on his food, which he had publicly admitted.