This is the first time in the United States that someone has been fined for failing to compromise their property rights through registration of their property as a premises into an international program pushed by the World Trade Organization and the UN……We have more to look forward to as the article states. They already have several more people lined up. One problem they may face is the Emanuel J. Miller trial. He has a literal and Constitutionally secured religious objection to the NAIS program, and will soon go back to trial. Keep checking back for more on that. It is certain to get even more interesting as things progress……For those IN Wisconsin, if you don't start really aggressively pushing your legislators to halt this it will only become much, much worse. Don't look for a leader----Be one!
http://www.agriview.com/articles/2009/10/29/livestock_news/livestock01.txt
Polk County Cattle Producer First Convicted in Premises Registration Law Violation
By Sarah Young, Livestock Editor
Thursday, October 29, 2009 4:13 PM CDT
Polk County cattle producer, Patrick Monchilovich, 39, of Cumberland was the first to be found guilty of violating Wisconsin’s livestock premises registration law.
Monchilovich was ordered to pay close to $400.
Although not the first violation addressed in the court system, it is first conviction.
“This is the first case that has turned its way all the way through the system,” said DATCP spokesperson, Donna Gilson.
The 4-year-old premises registration law took effect in November 2005. Monchilovich has 60 days to appeal the judge’s decision.
The premises registration law requires that any property where livestock are held must be registered in a central database and assigned a number. The registration lists what species are on the premises.
According to Gilson, the cattle producer was contacted on several occasions through the outlined process, but he did not comply with the law.
According to documents filed by the Wisconsin Department of Agriculture, Trade and Consumer Protection, Monchilovich was first contacted by telephone in April 2008 to inform him that he needed to register his premises, on which he was keeping cattle. He declined. An animal health inspector visited him later that month, and he still refused to register. In May 2008, he refused delivery of a certified warning letter, which was then hand-delivered to him during a final visit by the inspector and a compliance officer in June 2008.
Charges were filed in Polk County Circuit Court by District Attorney Daniel Steffen on Feb. 26, and Monchilovich pleaded not guilty on March 17. The case came to trial on Oct. 21, when he was found guilty by Judge Molly GaleWyrick and ordered to pay a $200 civil forfeiture and about $190 in court costs.
According to Gilson, most non-compliant individuals are discovered during the licensing process or via other paperwork sent to DATCP for processing where premises registration numbers are required.
Those individuals without premises registration are contacted via series of steps, same used for Monchilovich, she said. If still non-compliant, then documentation is given to the county District Attorney (DA) for possible charges.
“They (District Attorney) don’t have to file charges,” she explained. Currently, DATCP has referred documentation for four more possible cases in Richland, Price and two in Pierce Counties. Gilson says there are another seven that will likely be referred in the near future.
Gilson says that these cases are all non-religious related. DATCP is awaiting the final word from the pending Clark County case where Emanuel Miller Jr., 28, of Loyal was charged with a civil forfeiture for failure to comply with the state's livestock-premises registration law last year. Many in the Amish community believe the requirement infringes on their religious beliefs because it could eventually result in the tagging of all animals, or the 'Mark of the Beast.'
DATCP will not be pursuing any cases involving right to religious freedom, mostly affecting Wisconsin’s Amish communities, until a final ruling is reached in the Clark County case. Gilson says there is no timeline for the final ruling, by Clark County circuit court judge Jon Counsell.
Unregistered premises were discovered in the 2007 pseudorabies outbreak in pigs in Clark County.
When there is a disease outbreak, state animal health officials can look at the database to find susceptible animals for testing and/or provide information to the owners of the animals about the disease. The law is intended to speed up the process of finding potentially exposed animals when there is a disease outbreak. A speedier response protects animal and public health, limits losses to individual producers, and reduces economic damage to the state as a whole.
“Our goal is to get them to register there premises,” Gilson explains. “It’s about protecting our animal health.”
Saturday, October 31, 2009
Saturday, October 24, 2009
Truth Farmer Radio Show 10/24
I have been terribly neglectful in working this blog, and am going to try to make a much more serious effort at keeping this up to date….In that spirit, I want to let everyone know that today, October 24th, 2009, I will be having Pastor Glenn Guest visit about the times and troubles we currently have in this lovely surveillance society we are engaged in.
Pastor Guest is a tremendous inspiration. You can read his book for FREE online at his website:
http://stepstowardthemark.com/
I have done so, and it is no surprise that the same MO is being used to push all of these things upon us.
You can listen to the show online:
http://libertynewsradio.com/
You can also have your non internet friends listen live through the call in number:
801-769-2970
And if you want to call in to make a comment or ask a question the number is:
866-986-6397
I am terrifically happy with this network! It loads quickly and people with dial up (slow dial up, that is!) have no problem listening on line. They also have the shows available as archives very soon after the show is done, so if you missed it, you can download and listen to it at a convenient time! I am thrilled and couldn't be more pleased with the mechanics of the network. They also have several radio station affiliates, and if you look at the site and don't see your local talk radio station listed, you should give them a ring and let them know they are missing a great opportunity to carry shows that CAN make a difference!!!
If you'd be interested in sponsoring "Truth Farmer" via an ad for your business or organization, please feel free to contact me via email at -animalwaitress@yahoo.com…..Thanks!!!
Pastor Guest is a tremendous inspiration. You can read his book for FREE online at his website:
http://stepstowardthemark.com/
I have done so, and it is no surprise that the same MO is being used to push all of these things upon us.
You can listen to the show online:
http://libertynewsradio.com/
You can also have your non internet friends listen live through the call in number:
801-769-2970
And if you want to call in to make a comment or ask a question the number is:
866-986-6397
I am terrifically happy with this network! It loads quickly and people with dial up (slow dial up, that is!) have no problem listening on line. They also have the shows available as archives very soon after the show is done, so if you missed it, you can download and listen to it at a convenient time! I am thrilled and couldn't be more pleased with the mechanics of the network. They also have several radio station affiliates, and if you look at the site and don't see your local talk radio station listed, you should give them a ring and let them know they are missing a great opportunity to carry shows that CAN make a difference!!!
If you'd be interested in sponsoring "Truth Farmer" via an ad for your business or organization, please feel free to contact me via email at -animalwaitress@yahoo.com…..Thanks!!!
NAIS Enforcement Begins....
The first court case with a verdict regarding NAIS in the United States has come out on the side of those who wish to mandate this ridiculous system. The article below is the only thing available on the net at this time, and the person in Wisconsin with the most information isn't sharing it yet, so.....the best I can do is tell you that this is a bad, bad thing. Unfortunately, because of the defense he used, it was also rather predictable. Sad day for freedom.....
Polk County judge orders beef rancher to register premises
By Heidi Clausen
Regional Editor
BALSAM LAKE - A Polk County judge has ruled in favor of the state of Wisconsin in the state's second case of a farmer refusing to register a livestock premises.
Cumberland cattle rancher Patrick Monchilovich, 39, faced trial Oct. 21 in Balsam Lake for not registering his premises as required by the state's livestock premises registration law.
It took Judge Molly GaleWyrick less than a half-hour to decide that the state of Wisconsin had met its burden of proof in the case, and she granted the motion for a directed verdict.
Assistant District Attorney Moria Ludvigson told the judge that the state was requesting Monchilovich' s compliance plus a civil forfeiture fee.
GaleWyrick ordered Monchilovich to pay $389.50 within 60 days.
About 25 farmers and others showed up in the courtroom to support Monchilovich and his wife, Melissa.
A few people snickered when GaleWyrick told Monchilovich, "You can do whatever you want to; this is a free country."
After admonishing the crowd, she said Monchilovich' s disobedience of the law meant he would have to pay a penalty.
"They're taking away freedoms," Monchilovich told The Country Today after the hearing was adjourned.
He said he will consult with his wife before deciding whether to appeal the decision.
Monchilovich refused to register his farm, and received multiple visits from state officials in 2008.
District Attorney Dan Steffen filed a complaint against Monchilovich on Feb. 25. Monchilovich entered a not guilty plea in March, arguing that the costs incurred by farmers far outweigh the rewards of premises ID and the National Animal Identification System.
He said he keeps his Simmental herd on property that's separate from his McKinley area home. He said he owns the land, having inherited it after his mother's death.
Monchilovich argued in court that he doesn't have an official "premises," so is not required to comply with the law.
"The only way you can get a premises is to apply for one," he said. "We don't have one so, therefore, we're not required to register one."
GaleWyrick argued that a person can't avoid regulations simply by not doing something.
She said that, by admitting that he owns the property, has livestock there and has not registered his premises, Monchilovich has admitted his violation of the statute.
She said her court isn't the proper venue in which to argue against administrative code.
"(The state has) proven the elements of a violation of the statute, so I don't believe you have any defense to that," she told Monchilovich.
She said that Monchilovich incorrectly interpreted the language of the law and manipulated it to his own advantage.
"You don't get to pick and choose. You have to look at it in its totality," she said. "You're doing what first-year law students do. You pull out a part of the statute that you want to apply and take it out of context."
GaleWyrick said Monchilovich presented no reason that would exempt him from having to register.
"This applies to you," she said. "There's absolutely no logic I can think of that would exempt a single person."
Melissa Monchilovich said she fears that compliance with the premises registration law will lead to more problems.
"They're looking for compliance so that, down the line, they can make more rules and do things that we object to," she said.
The Wisconsin Department of Agriculture, Trade and Consumer Protection in 2003 became the first agricultural agency in the U.S. to implement mandatory livestock premises registration.
Anyone who keeps livestock must register that location with the state.
The program is designed to protect animal health and food-chain security by facilitating a more rapid response to animal disease outbreaks.
Each premises is assigned a registration number. There is no fee to register a premises, and registration must be renewed every three years.
The Monchilovich case is the second time DATCP has taken action against a farmer for refusing to register their premises.
Amish dairy farmer Emanuel Miller Jr. of Loyal appeared in a Clark County courtroom Sept. 23 regarding his refusal to register his premises. He opposes the program because it violates his religious beliefs.
A decision in the Miller case is expected later this year.
Heidi Clausen can be reached at clausen@amerytel. net.
http://www.thecount rytoday.com/ story-news. asp?id=BLH90P4H0 0I
Polk County judge orders beef rancher to register premises
By Heidi Clausen
Regional Editor
BALSAM LAKE - A Polk County judge has ruled in favor of the state of Wisconsin in the state's second case of a farmer refusing to register a livestock premises.
Cumberland cattle rancher Patrick Monchilovich, 39, faced trial Oct. 21 in Balsam Lake for not registering his premises as required by the state's livestock premises registration law.
It took Judge Molly GaleWyrick less than a half-hour to decide that the state of Wisconsin had met its burden of proof in the case, and she granted the motion for a directed verdict.
Assistant District Attorney Moria Ludvigson told the judge that the state was requesting Monchilovich' s compliance plus a civil forfeiture fee.
GaleWyrick ordered Monchilovich to pay $389.50 within 60 days.
About 25 farmers and others showed up in the courtroom to support Monchilovich and his wife, Melissa.
A few people snickered when GaleWyrick told Monchilovich, "You can do whatever you want to; this is a free country."
After admonishing the crowd, she said Monchilovich' s disobedience of the law meant he would have to pay a penalty.
"They're taking away freedoms," Monchilovich told The Country Today after the hearing was adjourned.
He said he will consult with his wife before deciding whether to appeal the decision.
Monchilovich refused to register his farm, and received multiple visits from state officials in 2008.
District Attorney Dan Steffen filed a complaint against Monchilovich on Feb. 25. Monchilovich entered a not guilty plea in March, arguing that the costs incurred by farmers far outweigh the rewards of premises ID and the National Animal Identification System.
He said he keeps his Simmental herd on property that's separate from his McKinley area home. He said he owns the land, having inherited it after his mother's death.
Monchilovich argued in court that he doesn't have an official "premises," so is not required to comply with the law.
"The only way you can get a premises is to apply for one," he said. "We don't have one so, therefore, we're not required to register one."
GaleWyrick argued that a person can't avoid regulations simply by not doing something.
She said that, by admitting that he owns the property, has livestock there and has not registered his premises, Monchilovich has admitted his violation of the statute.
She said her court isn't the proper venue in which to argue against administrative code.
"(The state has) proven the elements of a violation of the statute, so I don't believe you have any defense to that," she told Monchilovich.
She said that Monchilovich incorrectly interpreted the language of the law and manipulated it to his own advantage.
"You don't get to pick and choose. You have to look at it in its totality," she said. "You're doing what first-year law students do. You pull out a part of the statute that you want to apply and take it out of context."
GaleWyrick said Monchilovich presented no reason that would exempt him from having to register.
"This applies to you," she said. "There's absolutely no logic I can think of that would exempt a single person."
Melissa Monchilovich said she fears that compliance with the premises registration law will lead to more problems.
"They're looking for compliance so that, down the line, they can make more rules and do things that we object to," she said.
The Wisconsin Department of Agriculture, Trade and Consumer Protection in 2003 became the first agricultural agency in the U.S. to implement mandatory livestock premises registration.
Anyone who keeps livestock must register that location with the state.
The program is designed to protect animal health and food-chain security by facilitating a more rapid response to animal disease outbreaks.
Each premises is assigned a registration number. There is no fee to register a premises, and registration must be renewed every three years.
The Monchilovich case is the second time DATCP has taken action against a farmer for refusing to register their premises.
Amish dairy farmer Emanuel Miller Jr. of Loyal appeared in a Clark County courtroom Sept. 23 regarding his refusal to register his premises. He opposes the program because it violates his religious beliefs.
A decision in the Miller case is expected later this year.
Heidi Clausen can be reached at clausen@amerytel. net.
http://www.thecount rytoday.com/ story-news. asp?id=BLH90P4H0 0I
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