[GAC-Dems] Organic Factory Farming
ccaswell at gac.edu
ccaswell at gac.edu
Mon Nov 12 05:15:34 CST 2007
Sorry for this long email, but I came across this information and
didn't want to ignore it. ThreeMile Farms is a huge organic factory
farm in Oregon, which has had major issues with mistreating its
workers and neglecting and abusing the dairy cows. This farm sells
milk to Dean Foods, a huge company with about 50 brands, including
White Wave organic foods. Please, if you're going to eat animal
products, know where they come from! I thought organic meant better
conditions for the animals, but not so.
Here are some local family farm suppliers:
http://www.prairiefare.com/
http://www.cedarsummit.com/
This is a petition to the Attorney General of Oregon to investigate
animal cruelty and neglect at Three Mile from the Humane Farming
Association. It includes photos and worker statements:
PLEASE FOLLOW THIS LINK:
http://www.hfa.org/campaigns/threemile_dairy_petition.pdf
This is the response to the above petition:
BOARDMAN, Ore., July 7 /PRNewswire/ -- In a letter from Oregon Deputy
Attorney General Peter D. Shepherd, the State of Oregon rejected
demands from the Humane Farming Association (HFA) to prosecute
Columbia River Dairy for alleged animal cruelty -- citing a recent
thorough investigation by the Morrow County Sheriff's Office, which
concluded the HFA complaints were "unfounded". (see attached letter)
Additionally, the Attorney General's office supported Oregon
Department of Agriculture's (ODA) findings that all milk from the
dairies on Threemile Canyon Farms is certified "Grade A," and
completely safe for human consumption. The ODA's conclusions of milk
safety and herd health were based on frequent milk samples (four times
every six months) throughout the dairies' operations.
"We are pleased that the Oregon Department of Justice, Oregon
Department of Agriculture, District Attorney and Morrow County
Sheriff's Office all agree that these outrageous charges are without
any basis in fact," said Marty Myers General Manager of Threemile
Canyon Farms, upon receiving a copy of the Attorney General's letter.
"HFA's unfounded charges were insulting to our hard working, valuable
employees who care for our livestock using best practices to assure
the health of the herd."
"Hopefully the Humane Farming Association's reckless disregard for the
truth will not cause irreparable damage to consumer confidence in the
safety of Oregon's agricultural products or the high standards Oregon
dairies practice in preserving animal welfare" said Myers.
HFA has made similar allegations in Washington State (2001) regarding
a slaughterhouse -- and South Dakota (2005) -- regarding hog farming
-- that had proven false when state or federal authorities looked
closely at the charges.
-END-
Mr. Bradley Miller
National Director
The Humane Farming Association
PO Box 3577
San Rafael, CA 94912
RE: Threemile Canyon Farms
Dear Mr. Miller:
Recently, several state government agencies or sub-parts of an agency
received complaints about Threemile Canyon Farms in Morrow County,
Oregon. Many of the complaints refer to allegations made by the Human
Farming Association (HFA). In this letter, we will attempt to
summarize the State of Oregon's response.
Oregon Department of Justice (DOJ)
A. Description of complain & current status: Criminal laws. The
Attorney General recently received a copy of the publication developed
and distributed by the HFA titled Petition for Enforcement of Oregon
Animal Cruelty Statutes at Threemile Canyon Farms Dairy Operation --
Morrow County, Oregon. The publication is dated June 2006. It purports
to be an abridged version of a larger report previously filed with the
Attorney General of Oregon.
The Petition and correspondence directed to the Attorney General urges
him to conduct a criminal investigation and prosecution of Threemile
Canyon Farms. The alleged offenses include:
ORS 176.315 Animal abuse in the second degree
ORS 167.320 Animal abuse in the first degree
ORS 167.322 Aggravated animal abuse in the first degree
ORS 167.325 Animal neglect in the second degree
ORS 167.330 Animal neglect in the first degree
In Oregon, local law enforcement agencies have the primary
responsibility for conducting criminal investigations and district
attorneys elected county- by-county are responsible for evaluation and
prosecuting alleged criminal offenses. With very rare exceptions, none
of which are relevant here, the Attorney General of Oregon does not
have front-line criminal prosecution authority. To the extent that HFA
demands that the Attorney General prosecute Threemile Canyon Farms, we
respectfully decline.
Three facts are worth noting as background to HFA's current demand
that the Attorney General prosecute Threemile Canyon Farms.
First, we have conferred with Morrow County District Attorney David
Allen. He informed us that in 2003 his office evaluated allegations of
alleged animal cruelty at Threemile Farms. No criminal charges were
filed as a result of that investigation.
Second, we recently were contacted by Morrow County Sheriff Sergeant
Terry Harper. He informed us that in March 2006, he investigated an
anonymous complaint referred by an organization called Pet Rescue of
Hermiston, Oregon, concerning mistreatment of cattle at Threemile
Canyon Farms. His investigation included unannounced and unrestricted
visits to Threemile Canyon Farms. Sergeant Harper concluded that the
anonymous complaint was unfounded based on the available evidence and
witnesses.
Third, although the HFA's original report was not retained by this
department, we have confirmed that Kevin Neely, then the Executive
Assistant to the Attorney General, upon receipt of the full HFA
report, did contact a representative of the HFA. Mr. Neely referred
that representative to local law enforcement. The assertion made by
many of our correspondents that HFA received no response to its prior
communications with this office is not accurate.
B. Description of complain & current status; consumer protection laws.
Two persons apparently associated with the HFA wrote directly to the
Financial Fraud/Consumer Protection Section of DOJ. Our primary
consumer protection law is the Unlawful Trade Practices Act (UTPA),
ORS Chapter 646. The UTPA generally prohibits false marketing
practices; the UTPA provides no legal remedy for allegedly abusive
animal husbandry. Accordingly, DOJ's Financial Fraud/Consumer
Protection Section referred both complaints to the Oregon Department
of Agriculture (ODA).
Oregon Department of Agriculture (ODA)
Among other responsibilities, the ODA exercises "general sanitary and
disease control supervision over the livestock of this state, and as
far as possible, protects the livestock of this state from disease."
ORS 596.020. The State Veterinarian, an official within the ODA, shall
be the "chief livestock sanitary official of the state." ORS
596.210(1). At the request of a local law enforcement officer, the
state veterinarian will assist in investigations.
The ODA also licenses and regulates milk production in Oregon and
enforces laws governing the testing, grading and sale of milk and
dairy products.
Description of complain & current status. After receiving your
Petition, DOJ conferred with the ODA. According to the ODA, ODA
records reveal that Columbia River Holsteins, Columbia River Jerseys
and Willow Creek Dairy, all divisions of Threemile Canyon Farms, are
inspected three times per year by the department and are classified as
Grade A dairies. The records reveal that milk samples are taken at the
required frequency of four times every six months. The ODA reports
that all three farms are currently in compliance with the standard
plate count and the somatic cell count that is required by the
Interstate Milk Shippers (IMS) conference. According to the ODA,
violations noted on inspection reports are routine in nature and have
not required enforcement action by ODA. All three dairies were IMS
check-rated by the U.S. Food and Drug Administration (FDA) in January
2006 and found to be in compliance.
Conclusion
The appropriate state and local enforcement officials have examined
your allegations with the results described above. We have examined
the most recent correspondence. We do not perceive that HFA is making
any new allegations.
If HFA wishes to renew its request for criminal law enforcement
action, we encourage you to cooperate fully with Sgt. Harper,
including freely sharing access to your own sources of information
about your allegations. If HFA has new information relevant to the
responsibilities of the ODA, then the HFA is free to submit it to that
agency.
Sincerely,
Peter D. Shepherd
Deputy Attorney General
CONTACT: Len Bergstein, +1-503-241-8383, for Threemile Canyon Farms
Threemile Canyon Farms Chronology
January 30, 2003 More than 100 farm workers organize a 24-hour strike
to protest mistreatment and low wages by Threemile Canyon Farms.
February 2003 Sixty-nine workers initiate legal action against
Threemile Canyon Farms for failure to pay minimum wage, illegal
deductions from their paychecks, and retaliation for organizing
activities (First letter advising dairy of claims for wages).
June 27, 2003 Workers complain about an on-going campaign of threats
and intimidation against them for demanding representation by the
United Farm Workers. One worker, Carlos Jaimez, states, ?A fellow
worker, vocal about supporting the union, has been removed from his
regular job and put in the fields pulling weeds.? According to Jaimez,
the worker is barred from speaking to his fellow workers and
prohibited from using the bathroom or getting a drink of water from
the barn. ?The head manager is always there. If he see us talking
[with] him, we are fired,? Jaimez says. (Hermiston Herald, ?Farm
Workers allege threats, mistreatment,? June 27, 2003.)
June 30, 2003 Oregon OSHA issues 12 citations for health and safety
violations, 11 of which are categorized as ?serious.? They include
failing to provide eye protection for workers when using a chemical
that may cause blindness, failing to provide protective equipment to
workers when using a chemical that burns the eyes, causes skin
irritation and is a potential cancer hazard. (OR-OSHA inspection
record).
August 19, 2003 Threemile workers air complaints in an article in the
Hermiston Herald: ?Solorio [a Threemile employee] worries about the
chemicals being used at the farm. He doesn?t? see any changes since
OSHA cited the farm.? (Hermiston Herald, ?Farm Workers Protest
Treatment,? August 19, 2003.)
September, 2003 Forty-seven workers settle minimum wage claims,
illegal deductions from their paychecks and retaliation for $40,000
(Final settlement of claims).
September 16, 2003 Twenty-two workers file suit against Threemile
Canyon Farms for failing to pay minimum wage, illegal deductions from
their paychecks and retaliation. (Alvaro Caldera Flores et. al vs.
Columbia River Dairy LLC No. 030910188 Multnomah County Circuit Court,
filed in Portland, Oregon).
September 16, 2003 Threemile workers complain about anti-union
consultants intimidating workers. Employees also complain farm
supervisors are circulating an anti-union petition and threatening
workers who don?t sign it. (Hermiston Herald, ?Farm workers denounce
subsidies,? Sept. 16, 2003.)
February 24, 2004 Threemile workers complain to the Oregonian
newspaper in Portland that they are not getting rest breaks as
guaranteed by Oregon regulations. They also a file complaint with
Oregon Bureau of Labor and Industries. (Oregonian, ?Dairy workers cite
poor conditions,? Feb. 24, 2004.)
February 24, 2004 Dairy workers complain they are told to milk cows
with infected udders, use front loader tractors to both distribute
feed to the cows and use the same loaders to dispose of cow carcasses.
(Oregonian, ?Dairy workers cite poor conditions,? Feb. 24, 2004.)
March 2004, Oregon Department of Environmental Quality asks Threemile
to voluntarily cease spreading manure made from dead cows on food
crops grown on the farm. (Oregonian, ?Mad Cow scare delay disposal of
dead cattle,? March 14, 2004.)
July 2, 2004 Eighteen workers settle their lawsuit against Threemile
Canyon Farms for $70,000 over failure to pay minimum wage, illegal
deductions from their paychecks and retaliation. (Alvaro Caldera
Flores et. al vs. Columbia River Dairy LLC No. 030910188 Multnomah
County Circuit Court filed in Portland, Oregon).
Sept. 25, 2004 Three women workers file suit against Threemile for
sexual discrimination. Three additional women later join the
lawsuit.(Flores v. Columbia River Dairy, No. 0409-09813 (Multnomah
County Circuit Court, Oregon) filed in Portland, Oregon)
Fall 2004 Oregon Bureau of Labor and Industries finds that a shift
supervisor did not allow workers to take meal or rest breaks. (East
Oregonian, ?Knock, Knock, Knockin? on Nelson?s door,? December 10,
2005.)
April 18, 2005 Threemile files report with the Environmental
Protection Agency documenting it is releasing 5.6 million pounds of
ammonia into the atmosphere each year. According to an EPA database,
Threemile the third largest polluter of ammonia in the United States.
(April 18, 2005 EPA filing CR-ERNS 754198)
June 3, 2005 United Farm Workers files a complaint with the
Organization for Economic Cooperation and Development regarding
conditions at Threemile Canyon Farms.
June 27, 2005 Male worker files lawsuit against Columbia River Dairy
for unlawful termination from employment, alleging that he was fired
because he was a union organizer and had objected to the sexual
discrimination against women by the Dairy. Worker was fired shortly
after he gave testimony before the Portland, Oregon, City Council
about conditions at the Dairy. (Sepulveda v. Columbia River Dairy
Multnomah County Circuit Court Case No. 0512-12725 filed in
Portland, Oregon).
July 13, 2005 The National Institute for Occupational Safety and
Health (NIOSH) agrees to conduct a review of the risk Threemile
workers face being exposed to gasses emitted by the farm. (Tri City
Herald, ?Agency to Probe allegations about dairy,? July 13, 2005.)
July 29, 2005 A front page article in the Oregonian newspaper
identifies Threemile Canyon Farms as one of two likely sources of
contamination that is causing acid rain in the Columbia Gorge.
(Oregonian, ?Tracking acid in gorge,? July 29 2005.)
Aug. 22, 2005 Threemile agrees to settle sexual discrimination lawsuit
filed by women workers in September 2004 for just under $200,000. As
part of the settlement, the farm acknowledges ?hiring procedures with
respect to the dairy positions did not result in the hiring of female
employees until at least Sept. 24, 2004.? (Settlement Agreement and
General Release, Flores v. Columbia River Dairy, No. 0409-09813
Multnomah County Circuit Court, Oregon filed in Portland, Oregon).
Nov. 2, 2005 United Farm Workers joins the Northwest Environmental
Defense Center, Friends of the Columbia Gorge, Columbia Riverkeeper,
the Oregon chapter of the Sierra Club, Oregon Physicians for Social
Responsibility, the Oregon Center for Environmental Health and the
Learning Disabilities Association of Oregon in filing a petition with
the U.S.Environmental Protection Agency demanding the agency apply the
Clean Air Act to agricultural operations such as Threemile Canyon
Farms. (Oregonian, ?Petition: Close Farms? loophole on pollution,?
November 2, 2005.)
Nov. 10, 2005 Three women workers file a second lawsuit against the
farm over sexual discrimination. As part of that action, attorneys
file sworn affidavits from 12 current Threemile Canyon Farms employees
that reveal dairy co-owner A.J. Bos said, ?I don?t want women at the
farm?they are only good for the bed.? (Estrada v. Columbia River
Dairy Multnomah County Circuit Court Case No. 0511-11801 filed in
Portland, Oregon).
Source: http://www.ufwaction.org/campaign/McDonalds106/explanation
Farm Fallacy
The Satya Interview with Eric Nicholson
Many people hold an idyllic view of farms: sprawling acres of pasture,
full of peaceful cows and glistening produce. Yes, Old MacDonald had a
farm?but then he sold out?to the factory.
Located just west of Boardman sprawls Oregon?s largest factory farm
and the world?s largest dairy, Threemile Canyon Farms. The 93,000-acre
farm employs between 300 and 350 full-time workers, and is home to
over 55,000 dairy cows. Dean Foods, owner of Silk Soymilk and Horizon
Organics, buys milk from Threemile Canyon for its Meadow Gold brand.
ConAgra purchases potatoes from Threemile Canyon for processing to
supply McDonald?s.
Threemile Canyon prides itself as being a leader in sustainable
farming ?bringing valued products to customers, while treating the
land, people and animals with respect,? as their corporate website
puts it. However, the company has been facing environmental complaints
for its emissions and is considered the third largest polluter of
ammonia in the country. Furthermore, a report from the Humane Farming
Association documented cruel and inhumane treatment of cows and calves
on the farm. Threemile Canyon?s workers are not treated much better,
exposed to the pollution and animal abuse, and subject to threats,
sexual discrimination and minimum wage violations.
The United Farm Workers of America (UFW), a labor union evolved from
unions founded by César Chávez, Philip Vera Cruz, Dolores Huerta and
Larry Itliong, has been supporting Threemile Canyon employees in
tackling concerns regarding the welfare of workers, animal abuse and
air pollution. After years of struggle, in late August, Threemile
Canyon signed a historic agreement with the UFW pledging to allow
workers to decide if they want a union free of threats or
intimidation. Threemile has since been violating this agreement and
circulating anti-union petitions.
Kymberlie Adams Matthews had a chance to talk with Eric Nicholson,
Pacific Northwest Regional Director for the UFW and Threemile Canyon
Campaign Director, about what it?s really like for the workers and
animals at Threemile Canyon.
Can you talk about your campaign against Threemile Canyon Farms?
Threemile Canyon Farms is 93,000 acres and home to the world?s largest
dairy, with 55,000 cows. They also grow several thousand acres of
potatoes, onions, mint and other crops, including organic crops.
United Farm Workers has been out there for the last three and a half
years supporting workers employed at the farm. The workers have faced
a whole series of issues, from minimum wage violations, illegal
deductions in paychecks, sexual discrimination, threats and
intimidation toward workers who speak out, health and safety
violations, a whole range of environmental concerns and animal abuse.
You name it and we have seen it on this farm.
Can you discuss in detail what conditions are like for workers?
This is industrial agriculture. Workers are trampled in the process of
producing the large amount of milk and crops. There have been numerous
workplace instances, where workers are threatened and told they will
not be rehired if they seek medical attention. They are working
upwards of six days a week, 10-14 hours a day only to have money
illegally deducted from their pay. I was talking to a worker a couple
days ago and he was telling me that he has to work 10 days, 12 hours a
day, before he can take two days off. These workers have families. You
have to ask, when do the workers have time be parents or spouses, go
to the kids? soccer games, church, whatever? And you have to remember,
this all takes place under the context that if a worker speaks out
about anything, they will be fired. Right now there are several
lawsuits against the farm in support of workers who have been unjustly
fired.
Can you talk about the firing of Daniel Sepulveda?
Daniel was fired a couple years ago when a supervisor drove up in a
truck and tried to write him up for a bogus charge. That?s something
we have seen repeatedly at the farm, they give out these disciplinary
tickets for no reason, and if you accumulate so many of them, it is
grounds for discharge. So when Daniel refused to sign the ticket, the
supervisor got mad, threw his truck in reverse and ran over his foot.
Daniel screamed, obviously injured, but the supervisor just looked at
him, laughed and drove off. Daniel was left alone to look for help. He
was finally taken to the hospital, where the doctor took him out of
work to allow his foot to heal. When he was finally in a condition
where he could return to work, he was promptly fired for intentionally
sticking his foot under the truck. This is the type of thing we see
over and over again.
And to add insult to injury, this farm was created with the generous
assistance of Oregon. They provided $30 million in private activity
bonds to help get this farm up and running. And then you and I and all
federal taxpayers are providing subsidies for the farm in slightly
over $200,000 a year! It is outrageous.
What about sexual discrimination against women?
We noticed there are no women working at the dairy. So we began asking
about it in the community and realized a number of women had indeed
applied for jobs but had been turned down. We supported six women in
initiating a lawsuit in 2004 against the farm for sexual
discrimination. They prevailed in 2005 and won a settlement of just
under $200,000. As part of the settlement the farm acknowledged that
they did not hire women and pledged to do better.
Less than a month later, one of the farm?s owners comes onto the site,
gathers all the workers around and starts complaining about all the
money he had to pay in this settlement. He continued to say that he
has no use for women at the farms, they are only good in bed and he
has no intention of ever hiring them as workers. Twelve very brave
workers signed sworn affidavits and we filed them in court. Of course
those workers then became targets of retaliation for holding the owner
accountable for his sexist comments. Right now there is a second
sexual discrimination lawsuit filed against the farm.
Many people are taken aback to find out that in the U.S. it is legal
for agriculture employers to deny workers their right to unionize.
As of now, Threemile Canyon has steadfastly turned down workers?
rights to unionize in spite of the fact they have signed documentation
indicating the United Farm Workers Association as their
representatives. There is a lot of silence in pretty much all states
except California. There is nothing that binds an agriculture employer
to negotiate with or preclude from negotiating.
That?s so unfair. And isn?t it true that the workers are forced to
take part in animal abuses happening on the farm as well?
Humane Farming Association actually did an investigation of the farm
documenting a number of issues. I don?t pretend to be an expert on
that front, but I can tell you what I know. When we first got involved
with the farm, workers had two major complaints, one was how they were
being treated and the other was how they were made to treat the animals.
There are two types of cows on the farm?Holsteins and Jerseys. As you
know male cows do not produce any milk, and while the Holstein male
calves can be sold for beef, there is no market for the male Jerseys.
So the supervisors force the workers to separate the male Jerseys from
their mother at birth and are told to go smash in the heads of the
calves with a mallet. The workers were disgusted and outraged by this
practice but were once again told that if they didn?t do it they would
be fired.
Also when a cow gets mastitis and the udder gets infected, workers are
made to slice off the infected teats with a razor?no anesthesia, no
nothing. The workers hate it. And just watching the cows being milked
to death?there is a big carousel that the cows are put on and they are
dropping dead. The workers are simply horrified and if they complain
they will be fired.
After their investigation, the Humane Farming Association put out a
report calling for criminal charges. The supervisors started
circulating a petition denying animal abuse, telling workers they
better sign it if they want to keep their jobs. That is just a part of
the shenanigans.
You are also targeting Dean Foods. Why is that?
We have talked about how state laws don?t mandate employers to do
anything, so our only option is to make our demand to consumers. We
find out who is buying the milk and produce at the farm and demand
that they hold their supplier accountable. That?s what we are doing
with Dean Foods. They buy an enormous quantity of milk from Threemile
and market it under the Meadow Gold brand. We tell consumers that they
have a responsibility; we make sure consumers are aware of the
connection and hold Dean Foods accountable.
Ironically, Dean Foods also owns Horizon Organic Dairy. There have
been complaints against Horizon regarding the treatment of their
animals and workers too. Many people believe special terms such as
?organic? and ?natural? imply better standards for farm workers and
animals. What do you think?
That?s ridiculous. I have seen horrendous conditions on organic farms.
The only thing that organic means is that they use a less toxic array
of pesticides. And they do use pesticides in organics, some of which
are harmful to workers. Threemile is marketing organic produce as
well! Trust me, they are not what people expect of organic farms.
Threemile?s size has also caught the attention of the environmental
community. Can you comment on that?
The environmental side is the amount of cows in a limited area
producing the equivalent waste of a city of about 1.2 million people.
Yet while a city would process its waste, here it is simply dumped
into two lagoons and it sits. The farm also releases [over] 5.5
million pounds of ammonia into the atmosphere each year, which is more
than double all of the industries in the state of Oregon combined.
Threemile Canyon is the third largest polluter of ammonia in the
United States! And so the environmental community, rightly so, got
concerned and there have been studies explaining that the ammonia
emissions may very well be contributing to acid rain in the nearby
gorge.
We also looked at the fact that before ammonia goes up into the
atmosphere it goes into workers? lungs. And what is the impact there?
I asked NIOSH, the National Institute for Occupational Safety and
Health to come out and do an investigation. There have been no studies
on the long-term exposure to low levels of ammonia. I do a lot of work
on pesticides on the national level and traditionally the assumption
is that if you have a large exposure to pesticides perhaps one time,
that?s when you get the negative impact, the consequences. But we are
seeing more and more it is the daily low dose exposure that can be
more harmful and the concern we have is that we know ammonia is not
good on the respiratory system. What is going to happen to workers?
lungs 10-15 years from now? Are we going to have the dairy worker?s
equivalent to black lung or brown lung disease? That is something we
are really keeping our eye on. It is simply unprecedented to keep this
number of dairy cows together. We don?t want our members to become the
guinea pigs for the industry and no one is watching to see that their
health is taken care of. When I go out to the site, I tell you, my
nose gets stopped up, it starts running and I look at the cows and see
large amounts of mucus coming out of their nostrils. I kind of feel
like I am in the same boat.
What do you hope to achieve with this campaign?
We want to empower workers to have a say in their workplace. We see
the best way is through a union contract. We hope to have provisions
so women are not discriminated against, workers can speak out without
being fired and to keep a close eye on environmental issues.
What are ways people can help?
The biggest is adding your voice to put pressure on the companies
buying products from the farm and holding them accountable. If you are
not yet signed up on our UFW alert, please do so. But the best thing
to do is really educate ourselves about the food system. As you
mentioned, many of these labels fall silent when it comes to the
treatment of animals and workers.
For more information and to take action in their campaigns visit www.ufw.org.
Here are the brands owned by Dean Foods:
http://www.deanfoods.com/brands/brandnames.asp
http://www.deanfoods.com/brands/soy.asp
http://www.deanfoods.com/brands/organic.asp
http://www.deanfoods.com/brands/creambrandnames.asp
http://www.deanfoods.com/brands/juicebrandnames.asp
http://www.deanfoods.com/brands/icecreambrandnames.asp
http://www.deanfoods.com/brands/yogurtbrandnames.asp
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