Posted (Steven) in News

Each day that passes puts a new light on what we need to do as we move forward.  We did hear back from NYS Ag and Markets this morning and they are supporting  the FDA recommendation. They will be sending an official response from Ag and Markets, but it has not arrived yet. What the representative from Ag and Markets said was it is an official recommendation from FDA. I thought the Cooperative Extension Agent said it was a ruling and had that incorrect, it is a recommendation that the producers need to follow.  What he said was that means is if a farm goes against their recommendation and sells produce and there is a complaint it will trigger an investigation by Ag and Markets and also by the FDA.  At that point the farm would have the products seized and be issued a fine.  Any resulting law suit from the consumer would hold the farm completely liable because the farm did not abide by the FDA and Ag and Markets recommendation. I think by making it a recommendation they do not have to go out and enforce but do have the power if there is a complaint and it also covers them from any liability in the issue. This is a guess on my part but seems to make sense.  Puts each farm in a position of either taking a risk that could result in losing their farm or stopping sales for the season.  He said it was a roll of the dice for the producer but NYS Ag and Markets does not want the produce sold because they can not guarantee if there was contamination due to the excessive flood damage. We just can not take that chance.  We have the whole farm to lose and would rather give up this half of the season than be under the possibility of an investigation and law suit for the remainder of the season.

As much as we would like to keep delivering, we need to start to clean up and get the farm back on track for next season.  There was a lot that we were just going to wait and try to cleanup and rebuild after the season ended.  It was going to be a stretch, but we were more than willing to do the work.  Now, we feel that we need to make a plan and move ahead and get cleaning up.

Thank you for all of your effort, but we feel that we need a plan of action for the farm and so we are abiding by the FDA and Ag and Markets recommendation and will not distribute any more produce.  We can then get to work cleaning up and get ourselves on track for 2012.


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