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Wisconsin Supreme Court will not consider raw milk case

Hershberger

Wisconsin dairy farmer Vernon Hershberger’s 2013 conviction for selling raw milk will be allowed to stand. Without explaining why, the Wisconsin Supreme Court refused to consider Hershberger’s appeal of his conviction for violating a state holding order.

Officials from the Wisconsin Department of Agriculture, Trade and Consumer Protection raided Hershberger’s Sauk County farm in 2010 and ordered him to stop selling raw milk products to consumers. Prosecutors charged that he ignored the order and continued to sell the products, which resulted in additional charges. While he was convicted of violating the holding order and fined $1,000, Hershbergrer was found not guilty on charges that he was selling food, producing milk, and operating a dairy plant without the proper state licenses.

Hershberger contends he was not subject to state rules against selling unpasteurized milk because his hundreds of buyers were in a private club that did not sell the product to the general public. He appealed the conviction, arguing that he was not allowed to present evidence at trial that would have helped his case and that an unedited copy of the holding order was kept out of evidence.  The Fourth District Court of Appeals sided with the circuit court’s decision, keeping his conviction in place.

Hershberger’s case drew national attention as raw milk advocates from around the country descended upon the Sauk County Courthouse in Baraboo, Wisconsin, to show their support for the Loganville farmer.

 

*Bob Hague, Wisconsin Radio Network contributed to this story.

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