This "small family farm" sells cheese in 48 states. So it's not *that* small.
The recall is a result of regulatory sampling in the State of California. This regulatory sampling of Morningland Dairy cheese, which was taken from the Rawesome store in Venice, California, revealed the Morningland Dairy Hot Pepper Colby and Garlic Colby Cheeses contained the bacteria. Morningland Dairy has suspended the production and distribution of all cheese, as FDA, the Missouri Milk Board, and Morningland Dairy continue their investigation as to the root cause of the problem...
http://www.fda.gov/Safety/Recalls/ucm224494.htmMorningland responds:
Objection to Order to Destroy Dairy Product at Morningland Dairy
Morningland of the Ozarks, LLC, dba Morningland Dairy, is in receipt of recommendations by the Missouri Milk Board and representatives of the Missouri Department of Agriculture, ultimately ordering the destruction of ALL cheese produced by Morningland Dairy from January 1st, 2010, through August 26th, 2010. Morningland Dairy LLC hereby gives notice to the Missouri Milk Board and the Missouri Department of Agriculture and their agents, that we object to this order and request due process be followed before any further destruction of our property, wealth, and ability to provide ourselves and our customers, with a desired and healthful product is incurred.
Morningland Dairy is, and has been, committed to providing a growing clientele with raw milk cheeses for more than 30 years. In thirty years, there have been no reports of illness associated with consumption of our cheese. We have always done all required testing of our product.
Because of the untenable nature of the order of destruction, we cannot comply and we formally lodge our objection to this order and request that the order issued by Gene Wiseman, Executive Secretary of the Missouri Milk Board, be immediately rescinded. Instead, Morningland Dairy requests that all parties involved consider the scientifically sound and common sense remedy to the allegations of “contamination” of our product be applied. This remedy can be found at the end of this document.
Rebuttal of Missouri Milk Board Statements
Many of the “facts” as stated by the Missouri Milk Board et al in the order to destroy and the attachments thereto are both incorrect and unscientific. A brief rebuttal to the major inconsistencies and substantive errors follow:
1) To date, there has been no legitimate test performed on Morningland Dairy cheese, although Morningland Dairy owners have repeatedly requested that proper tests be done. California authorities did not sign the test they allegedly performed until 55 days after product was seized at gunpoint from Rawesome Foods. No sample of said product was shared with Morningland Dairy as is required by California and Missouri statutes; therefore, there is no confirmation of the findings reported by California Food and Department of Agriculture.
2) Morningland Dairy plant manager, Jedadiah York, and Plant Owner/Gen.Manager, Denise Dixon, apprised Don Falls of the Missouri State Milk Board that more than two samples of Morningland Dairy cheese had apparently been tested in California, and that those results should be considered in the situation of alleged contamination of Morningland Dairy cheese. Mr. Falls’ reply was that he was not told about it, and we repeatedly asked him to look into that situation. Mr. Falls later stated he could not get that information from California, and that it was up to Morningland Dairy to request it. Instead of getting the requested information, he repeatedly stated that we just needed to “concentrate on doing the recall”.
3) Despite being aware that several types of Morningland Dairy cheese had been tested and evidently tested clear by the California Department of Food and Agriculture, Mr. Falls insisted that all of our cheese must be recalled, not just the two batches that were identified from the alleged contamination found in the California test.
4) No Missouri State Milk Board representative obtained samples from Morningland Dairy. Instead, at the request of Morningland Dairy owners, samples were taken by a Morningland Dairy employee, and submitted to Microbe Inotech Laboratories, Inc., of St. Louis, MO, (this lab was suggested by Don Falls of the Missouri State Milk Board) on August 27, 2010 for testing.
5) Contrary to section 196.565 of the Revised Missouri Statutes, the only witness to the sampling from Morningland Dairy was the employee who did the sampling. When Morningland Dairy owners, Joseph & Denise Dixon, learned how the samples were taken, they knew that the tests would be inaccurate and, consequently, erroneous. Despite repeatedly informing Don Falls and also Audra Ashemore, of the FDA, of the faulty sampling methods, both of these individuals used the results of this inept test in their reports.
6) Mr. Falls failed to see to it that samples bore the signature of the person taking the samples, which is required by section RSMo.196.565. Although Mr. Falls states that an employee of Morningland Dairy delivered said samples to Microbe Inotech Laboratories, Inc., the samples were in fact given to a family member of Joseph & Denise Dixon. This family member, in turn, met another family member in Edgar Springs, MO, who then took said samples to said lab. Neither of these family members is an employee of Morningland Dairy. These facts are reported to illustrate the falseness of Mr. Wiseman’s statement that “State Milk Board staff documented chain of custody and maintained the integrity of samples by ensuring the storage containers where the cheese products were kept were properly sealed, labeled and secured.”
7) Three FDA representatives took 100 swab/sponge tests of the cheese plant and the milk barn at Morningland Dairy during the first week of September. The following week, Audra Ashemore of the FDA, called Plant Manager York, to say that the swab test results were in, and that the tests came back clear. When Mrs. Dixon requested a copy of these test results, Ms. Ashemore stated that Morningland Dairy would receive a copy, and that the FDA did not have a copy. To date, Morningland Dairy has not received a copy of said results, and no mention has since been made of the fact that both the cheese plant and the milk barn tested clear.
In conclusion, due to the lack of scientific evidence, lack of transparent protocol and complete lack of any illness associated with our cheese, and the absurdity of the assertion that ALL, nearly all, or even some of Morningland Dairy cheese is actually dangerous, we –again- offer to test each batch of cheese in our cooler prior to shipping the product to our customers.
Because of the fact that it is far from a light matter to put families out of work and out of business when no harm has occurred to anyone in a thirty-year history, we are more than reluctant to destroy nearly 50,000 pounds of food based on erroneous tests. We have always appreciated the input and advise of the Missouri Department of Agriculture and Milk Board and have no issues with following logical and scientifically accurate suggestions and recommendations. We do, however, have no desire to harm our customers or ourselves by following unjust, unscientific, faulty processes that destroy the health and livelihoods of those involved with our company.
At this point, October 6th, 2010, we have been required to recall 6 months of work, have been completely shut down and forced to dump milk for nearly 5 weeks, are being told we must destroy at least 8 months of work. Further, we have no assurance that we will be allowed to continue to produce our product without subjection to overzealous enforcement actions on the part of the FDA or the Missouri Milk Board.
We seek justice, reason, logic and decency, and we desire to live peaceably and to profit from our labor. Due process is inherent in our system, and we request that it be followed.
Proposed Remedy from Morningland of the Ozarks, LLC to the Missouri Milk Board and Representatives of the Missouri Department of Agriculture
1) Morningland Dairy will diligently strive to put into action those reasonable procedural recommendations rendered in the Memorandums from the MO State Milk Board and Dr. Harold Treese, as finances and circumstances allow.
2) Morningland Dairy will dilligently perform a microbial test, using proper sampling procedures and using a state approved lab of our choice, on each batch of cheese in order to identify any contamination, and will offer for sale only cheese batches that are found to be free of contamination. Any cheese batch that tests positive for contamination willl not be offered for sale.