Raw Milk Vendor Appeals Verdict That He Violated Holding Order

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A Sauk County farmer who was tried recently for selling raw milk to members of a private buying club is appealing the jury’s verdict.

A jury found Vernon Hershberger not guilty of various license violations, but did find him guilty of violating a holding order. The Department of Agriculture, Trade, and Consumer Protection (DATCP) ordered Hershberger to stop distributing his products in 2010, but the farmer continued to give away the milk and cheese since it would have gone bad.

Hershberger was fined $1,000 plus court fees. His supporters paid the fine after the sentencing.

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Attorney Amy Salberg says they’re appealing the decision, partially to clear Hershberger’s criminal record. She says there’s no basis for the holding order violation.

Salberg: “The whole reason the state put the holding order on it is because they said, ‘You are not licensed. You are not able to sell this food.’ The holding order itself had information in it that was redacted; it was kept from the jury – that is, that the food was ‘adulterated or misbranded.’ There’s no basis in any of the facts that were put in evidence during the trial for that statement.”

Attorney Elizabeth Rich also represents Hershberger. She says this case is unique and taking it to the appellate court could change things in the future.

“If the Court of Appeals ruled in Vernon’s favor, there’s a potential to set a legal precedent that might benefit other farmers who find themselves in a similar circumstance,” says Rich.

A Department of Justice spokeswoman says they’ll look at the case when it comes in. A call made to DATCP was not immediately returned.

Hershberger has continued to provide raw milk, cheese, and meats to the members of his private buying club.