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Sustainable Farming: Helping Ethical People Eat Well

Most Vegetarians Return to Eating Meat

“About half of vegetarians originally gave up meat for ethical reasons.  Pictures of confined animals standing on concrete in their own excrement and the stench of factory farms on country roads from 5 miles away is no doubt plenty of reason to turn away from meat.   Some former vegetarians, however, have recognized and embraced the grassfed movement back to sustainable and humanely raised, cruelty free meats as a real ethical alternative.”

Zoning Season is especially nasty this year

Since Ohio legislators recently overturned the law that defined pit bulls as dangerous, it appears Mifflin Township Code Enforcement Officer Steven Blake has a lot more time on his hands. Rather than spending his days ticketing the owners of dogs that have never bitten anyone, he’s decided to justify his paycheck by focusing his energies on protecting our fair township from the dreaded scourge of urban agriculture…namely, me.

Steve’s been stalking me for a couple of years now–he even created a faceless Facebook profile for the sole purpose of keeping tabs on me–but in the past couple weeks, he’s stepped up his game. It started with him ordering us to dismantle and remove a compost bin and an old chicken house that I was using as a storage shed. First he said we had only seven days to complete this task or we’d be fined $1,500. Mayda protested (he was telling her–he still has yet to make direct contact with me), saying that seven days was much too short. He said if he saw progress, he’d “work with” us.

As fate would have it, that was the same day I had to go get stitches in my right forefinger after I cut it rehabbing the house at Woodland, where the farm market will be. Following the doctor’s orders to keep my stitches clean and dry slowed my work considerably, but I still apparently got the job done quickly enough for Blake’s satisfaction, as we didn’t get cited. Unfortunately, this busywork assignment set back progress on the house by about a week.

We thought that was the end of it until Wednesday when a sanitarian from the county health department came by and talked with Mayda while Steve watched from his car out in the street. By Mayda’s account, the sanitarian started off by apologizing. He said, “I know you’ve been bombarded with complaints from our department…”

Um, really? Not this year. This is the first contact we’ve had this year.

He was under the impression that somebody had come by earlier in the week. They did, but not to our house. They went next door. We were wondering why the police were talking to our neighbor for so long, and who that other guy was with them.

He went on to say that he understands who we are and what we’re doing, and that there’s absolutely nothing wrong with us farming and that his department has no objection to that. His concern was about the compost being a harborage for rats, despite the fact that he admitted all the properties around us were also likely habitats. Now remember, that compost–over two years old now–was nicely contained in bins until Steve ordered me to dismantle them. I spread some of it on the garlic, but the rest was still in a pile in the yard waiting to be used as starting medium for seedlings. He also expressed interest in whatever composting we might have going on at Woodland. Not that there had been any complaints, given that it’s odorless and nobody can even see it unless they’re trespassing–but he wanted to make sure we had all the necessary information about the best ways to compost. No problem. I emailed him and invited him to send me whatever information he wanted.

Earlier tonight as I was walking back home from Woodland, my neighbor Dan called out to me as I walked passed. He wanted to know why the police were all over the place asking about me, and more specifically, what I had done to piss off Blake. “He’s got a hard on for you, man! You musta done somethin’ to make him mad. He’s out to get you.” Dan went on to describe how Steve’s been asking all the neighbors for any information they can give him about me. “I don’t know, man. He’s just trying to earn a living,” Dan told him.

Steve’s response: “Well, there’s a right way and a wrong way to do that.” Apparently, growing wholesome food is the wrong way in Blake Town. This is consistent with other comments he’s made about me to other neighbors. Collectively, they paint a clear picture. Steven Blake isn’t after me because there’s anything illegal about farming here. He’s after me because he finds urban agriculture personally distasteful, and like all too many law enforcement officers who’ve stayed on the job past their peak, it appears he’s lost the ability to distinguish between his personal prejudices and actual codified legislation. He’s not out to enforce the will of policymakers so much as to “get all the bad guys,” and I’m one of the bad guys because I do something he doesn’t like. As he told one of our former neighbors, “That stuff doesn’t belong in the city.” Except that we’re not in the city. And there’s no rule saying it doesn’t belong here.

It’s not just me–or at least it didn’t used to be. Back in 2007, he went after a man in the eastern portion of Mifflin Township, out closer to the airport. John Moses had 36 chickens on eight contiguous plots totaling over one acre.

…but I should back up here and give you some background on what exactly the rules are. In short, Mifflin Township has none. They default to the county, which in turn defaults to the state. The state says that in unincorporated townships (like Mifflin), agriculture other than a garden attached to a residence is prohibited on plots less than one acre. If you have more than one acre but less than five, you can practice any sort of agriculture you like as long as the township hasn’t passed a resolution against it and you don’t live in a subdivision that’s more than 30% developed.

We called Economic Development and Planning, the county’s zoning department. They said we’re not in a subdivision. Okay, then…no subdivision, so that section doesn’t apply. We’ve got more than an acre. When Mayda called the township offices to ask whether there were any resolutions against keeping chickens, the lady on the other end said no. When she heard how much land we have, she said, “If I had that much land, I’d have horses!” And if you have more than five acres, it doesn’t matter what resolutions the township passes. You’re completely exempt under state law.

I did some reading on this. There’s a good body of case law reiterating the state’s philosophy that growing food and caring for animals are Good Things and the state wants municipalities to stay off farmers’ backs about it. In Meerland Dairy v. Ross Township, 2008, the township wasn’t even able to prevent a dairy CAFO from opening where they didn’t want it. According to ORC 3767.13, your farm can even be loud and stinky as long as it doesn’t substantially harm the public health, safety, or welfare.

So when Steve sent Joe Bailey (Franklin County Economic Development and Planning) to tell me a couple years ago that I wasn’t allowed to have chickens at Woodland, that wasn’t true. When a sanitarian from the county health department told me a couple years ago that although chickens were allowed, I’d still have to follow local noise ordinances, that was also less than accurate. This, friends, is why you never call enforcement agencies to find out what you’re allowed to do. Sometimes they don’t know, and sometimes they’ll just flat-out lie to you to push their own agendas.

Getting back to Mr. Moses…I said that the land on which he had the chickens was over one acre, and it was. As you can see above, this exempts him from the prohibition against agriculture on less than one acre. He’s allowed to have them. But according to Joe Bailey, who attended a meeting of the Township Trustees to testify against Mr. Moses, the land was divided into separate lots, and since each lot was individually less than one acre, Moses shouldn’t be allowed to keep the chickens.

Does that sound like somebody who’s genuinely trying to enforce the intentions of the elected lawmakers, or does that sound like someone trying to twist the letter of the law to serve him in his own personal vendetta?

In addition to telling me about Steve’s outrageous allegations against me–that I was dumping chemicals along my fence, and that I stole pine needles out of a lady’s yard–Dan told me that Steve wants Dan to show him the gas company easement through our Woodland property. Steve apparently shares Dan’s mistaken belief that utility right-of-ways through private property are actually open to the public. That couldn’t be less true. Even the gas company isn’t allowed back there except for inspection, installation, operation, maintenance, and removal of their gas lines, just like it says in the agreement between John B. Denune and the Ohio Fuel Supply Co., signed in 1906. (Columbia Gas gave us a copy when they wanted to cut down trees last year.) Steve’s plan is for Dan to act as tour guide to “Blake and someone from the EPA” back through the gas line right-of-way so they can probe deeper into my property than the view from the street allows.

Do you get this? There ARE NO SUBSTANTIATED COMPLAINTS. If they had genuine probable cause to believe I was committing a crime, they could just get a search warrant and walk right through the front gate. But they have NOTHING. They’re planning a freaking fishing expedition in the blind hope of finding something incriminating, and they’re sneaking in by way of what they think is a public route since they know they’re not allowed on my property without my permission.

So that leaves the question of whether I should just sit back and let them do it, hoping they’ll give up this witch hunt when they don’t find anything, or wait for them to cite me and get any evidence thrown out as the fruit of an illegal search if they do find a violation, or if I should try to catch them in the act and call the Sheriff, since Mifflin Police Chief Pocock apparently can’t be counted on to keep his own officer on the right side of the law.

Come on, Steve…I had a public tour back in October. You could’ve signed up for that and I’d have given you a free lunch–Bourbon chicken on rice, made from our own chickens. People took pictures of the place and posted them online. I’ve had a couple reporters out, too, and they’ve taken pictures. Take a look in 200 Columbus or the Spring issue of Edible Columbus when it comes out if you want to see what the place looks like. Or just wait ’til the store opens. We’ll be giving tours routinely, then–probably once a month if not more often.

And what’s he looking for anyway? There are code violations at Woodland clearly visible from the street. I’m already taking measures to remedy these. We got the roof fixed. We got the upstairs soffits and fascia fixed. I’ll be doing the downstairs ones shortly. Presently, I’m gutting the moldy old plaster from inside so I can put up new drywall. Once that’s done, I’ll be replacing windows. We’ll need to finish the siding and gutters at some point, too. I want this place done so we can move in in time for my apprentice to move into the Paul Drive place once her house sells, and for us to open the store in May.

I have some building materials stockpiled for repairs on the house, and for building a new greenhouse, chicken houses, and fences. There’s some scrap metal lying around that the soffit contractor left behind (that I’ll recycle as soon as I change my truck’s radiator). There’s the old fire truck that even the scrap metal thieves couldn’t move, and there are a bunch of logs that the gas company left behind when they cut down the trees on their easement. Other than these things, all of which will be remedied as time allows, I don’t know what they could possibly cite me for.

In various interviews with the press, Steve has been quoted as saying that he wants old houses fixed up to improve the neighborhood. That’s what I’m doing. He had a hand in putting together MORPC’s Land Use Plan for Mifflin and Clinton Townships, and everything I’m doing is consistent with that plan. The plan called for a farmers market at Northern Lights that takes EBT. I’m putting in a farm market, and hope to eventually accept EBT. They want houses repaired. I’m doing that. They want economic development. I’m trying to take a couple junk properties and turn them into a prosperous business. The plan was designed by MORPC. MORPC selected me for appointment to the Franklin County Local Food Council. They want environmental sustainability to be a feature of the neighborhood. You don’t get any more sustainable than what I’m doing. 

Speaking of which…the EPA? Are you kidding? Because ORGANIC FARMS are such an obvious threat to the environment, right? Maybe Dan was confused and meant the Health Department?

Oh, geez…something just clicked. Dan said something about “chemicals” I poured along my fence line. In…I think it might have been 2006 or so, I planted some peas and beans along our front fence at Paul Drive and fertilized them with my own mix of seed meal, bone meal, and lime. Wow. That’s really reaching.

You’d never guess that we bought this place because there was a minivan in the yard across the street flipped over on its roof when we first came to look at the house. We figured with a community standard like that, we’d have no problems. just raising some chickens and growing some vegetables.

And here’s the real kicker: right now, I only have 40-some hens. I wasn’t able to buy any more. And since keeping the truck working has been eating up so much of the gift card money this year, I haven’t bought meat bird chicks yet. When we do get them, it won’t be in the same numbers as previously, since we’ll be slaughtering them on-farm to take advantage of a state exemption until we can afford a Retail Food Establishment license. But an elderly man in the neighborhood who bought his first hens from me told me today that he’s ordering 50 layer chicks. I don’t know if he’s even got an acre. The guy who runs the neighborhood IGA is ordering 25.

It isn’t just me anymore. City Folks Farm Shop is opening on High Street in a few days to supply the many people like me who are farming in town. It’s a movement, and it’s going to be around for a while. Steve can spend the rest of his career chasing his tail, sneaking around and smearing my name, or he can realize we have the same goal and get on board. If he just leaves me alone and stops derailing my progress by giving me assignments with deadlines, he’ll see the progress he says he wants.

That’s why his zeal to nail me for something seems so irrational. It causes me to wonder if he has some kind of ties to a developer, and his real aim is to drive us off the property altogether rather than see it fixed up. The previous owner of Woodland said she turned down an offer from a developer, and the land use plan calls for our property to have a greater density of housing units per acre than it presently does. It looks like the intention was to turn the west portion of our acreage into a cul-de-sac or a small apartment complex, with the eastern portion set aside as a nature preserve.

Oh, and since he’s no doubt going to see this and also no doubt going to try to tell me I can’t open a farm market in a “residential zone” or do half the other stuff I talked about, here’s some reading material:

Ohio Department of Agriculture Farm Market Fact Sheet

Ohio Attorney General Opinion No. 2002-029 (2002) and Hambrecht v. Whiting, 1983

ORC 519.21 “Powers not conferred on township zoning commission by chapter.” Especially (C).

H.R. 3798 – a backwards approach to treating hens well

I recently received the following letter from someone soliciting my endorsement of H.R. 3798, amendments to an act regarding egg product inspection:

Dear Frijolito Farms,

I hope you’re well. Thank you so much for your wonderful commitment to sustainability.

I’m writing to you on behalf of a coalition of nonprofit organizations and family farmers to ask for your support of a national bill to improve the lives of animals raised for food. H.R. 3798, the Egg Products Inspection Act Amendments of 2012, would phase out one of the worst practices in factory farming: the confinement of hens in tiny barren “battery cages,” cages so small the birds can’t even spread their wings. We’d love to get your endorsement of this bill, which would improve the lives of more than 250 million egg-laying hens nationwide. If you’re willing to endorse, your farm’s name would simply be added to our list of supporters (there’s no financial obligation).

As a family farmer, you’ve already demonstrated your commitment to agriculture that’s based on environmental sustainability. Having met many small family farmers and ranchers over the years, I’ve found that such a commitment is almost invariably accompanied by a general concern for farming in a way that shows respect for animals. That’s why I’m contacting you today.

In addition to helping animals, phasing out these types of small cages will also help family farmers. This measure targets industrial operations that have been displacing smaller scale, traditional family farms. Small farms with less than 3,000 laying hens are exempt from this bill. Farmers who raise animals meeting organic or other high welfare standards already exceed the modest requirements of this bill.

H.R. 3798 would:

· require phased in construction of new hen housing systems that provide each hen nearly double the amount of space they’re currently provided;

· require environmental enrichments so birds can engage in important natural behaviors currently denied to them in barren cages, such as perches, nesting boxes, and scratching areas;

· mandate labeling on all egg cartons nationwide to inform consumers of the method used to produce the eggs, such as “eggs from caged hens” or “eggs from cage-free hens;”

· prohibit forced molting through starvation—an inhumane practice which is inflicted on tens of millions of hens each year and which involves withholding all food from birds for up to two weeks in order to manipulate the laying cycle.

You can read the full text of the bill here: http://tinyurl.com/eggbill

This bill is endorsed by hundreds of family farmers, Farm Forward, United Farm Workers, the Humane Society of the US, the United Egg Producers, the American Veterinary Medical Association, and the National Consumers League. If we can add your farm to our list of supporters, you can simply respond “yes, we support this bill” to this email. What do you think?

Thanks so much,

Karin Olsson

Yes on H.R. 3798

————————————————————————————

I read the full text of the bill, and didn’t like what I read. Here’s my reply:

Dear Ms. Olsson,

While I support the intent that motivated the creation of this bill, I’m afraid I can’t endorse it. I’m no more a fan of putting people in cages than I am of putting chickens in them. The USDA has become increasingly intrusive and is attempting to become overwhelmingly so. The last thing I want to do is to give them one more excuse to raid people’s farms.

Bills, when passed, become laws, and laws require enforcement and penalties. Have you given any thought to how these new policies would be implemented? Judging by previous USDA actions, I can tell you. First, all egg producers would be required to fill out forms, register their farms, submit to inspections, and possibly pay fees in order to simply be allowed to sell eggs. If a farm can’t label cage-free eggs as cage free unless they meet certain space and enrichment requirements, then some government inspector is going to have to verify that these requirements are being met in order to grant permission for that farm to use the term “cage free.”

You say that passage of this bill will help small family farmers. As a small family farmer myself, I strongly disagree. Operations of fewer than 3,000 hens will be exempt, but how shall the exemption be verified? Can any farmer simply claim to have fewer than 3,000 birds, and that will be sufficient unless somebody calls in a complaint to the USDA alleging that the farmer actually has 3,500? Or will EVERY egg producer nationwide, right down to the backyard hobbyist with six pet hens, be subject to inspection to determine their status (exempt, caged, or cage-free) before they’re permitted to legally sell eggs?

My hens are free-range. Their eggs are superior to those of cage-free hens raised indoors. If I had more than 3,000 hens, why should my eggs bear the same label as those that were raised indoors without cages? Passage of this bill would deprive free-range producers of a marketing advantage they presently have.

Also, by exempting small producers to the point of even allowing them to keep hens in cages without saying so, you’d actually make small farms look bad. I can see word getting around the farmers markets. A customer will see “EXEMPT” printed on a carton and tell a friend how she read a magazine article about how small farms that are exempt from the law banning battery cages don’t have to tell people, so you should steer clear of eggs from small farms and only buy eggs that have the USDA “cage-free” certification printed on the carton.

More than that, I can guarantee you there will be push back from the large producers over this. Frankly, I don’t think it would ever be seriously considered anyway, because too many politicians are in the pockets of Big Ag. But even if it was, there would be protest from the industry about unequal application of the law. If cages are bad, they’re bad whether you have one hen or one million. A compromise would be worked out, where either the whole bill is grossly watered down, or the small farm exemption would get written out–meaning the small farmers supporting this bill would suddenly be subjected to having inspectors measuring square inches and shutting down family farms.

In my state, Ohio, we recently voted for the creation of a Humane Livestock Care Standards Board. The problem with it was that it was all big producers appointed to the board. They wrote regulations to favor them, and their first draft of regulations would have effectively outlawed small and free-range production of poultry simply because, like this bill, the language was so heavily prescriptive. Fortunately, organizations of small and sustainable farms were able to testify at the meetings of this board and work out a compromise on the language. The agreement we came to was basically, “We won’t try to outlaw your farms, and you don’t try to outlaw ours.”

More than being a poorly written bill, HR 3798 is just a bad idea all the way around. Let the states work this out on a local level.

And what’s the deal with stuff in there pertaining only to California? It’s a national law or it isn’t. You can’t single out one state to have a different set of rules!

I’d encourage you to abandon this project, Ms. Olsson–or better yet, reverse your position and campaign against it. If you want hens to live happy lives scratching around outdoors, support the removal of local ordinances that discourage small farms from free-ranging. Support better wages and an increase in the number of good paying jobs. If people have the money to pay more for free-range and cage-free eggs, they will. People know about the deplorable conditions in factory farms. If you give them the opportunity to vote with their dollars, the ethical farms will win the market. The problem is that people don’t have the dollars to vote with. They need to get their food as cheaply as possible. Prohibiting the kind of operations that can provide it cheaply is attacking the wrong end of the problem.

Kind regards,

Wayne Shingler
owner-operator
Frijolito Farm
Columbus, OH

Our Hidden Wound

Gene Logsden on the far-reaching effects of urban prejudice:

Gene Logsdon: Our Hidden Wound

“One of our textbooks, with all good intentions, I’m sure, had a chapter entitled “Farm Folk Are Human, Too.” My mother, half-amused and half-dismayed, showed that page to my father. He took one look and hurled the book across the floor.”

150 mile wardrobe: local fiber, real color, Gandhi economy

I’m happy to see this. While supporting the development of our local food system is important, I think non-food items get overlooked in the discussion of supporting local farms. There was a time not so very long ago that most of the things we buy didn’t come from Asia. Most things used here were made here–furniture, apparel, housewares, cosmetics, paint, tools, vehicles, you name it. And the raw materials for most of these things came from the farms and forests in the same region.

Making local food a major part of your diet is important for your health. But making other local products part of your life is important to the economic health of your community.

Maybe Frijolito Farm needs to start making candles and lamp oil. I’ve been thinking about getting back into making soap, and I’ve recently learned how to use soap to make laundry detergent. Firewood might be another option. I don’t know that I’d sell cords of it, but I imagine I could compete with the grocery stores that I’ve seen charging so much for a tiny, wrapped bundle of split wood.

Protect Free-Range Farming: Michigan Hog Farmer Needs Your Help

I’ll let Mark tell his own story, but here’s the quick summary. The Michigan Department of Natural Resources is saying that his fenced-in, free-range hogs are an invasive species, and must be destroyed by April 1st. He’s suing the Department, and he’s trying to raise money for a legal fund. As you listen to his story, you’ll hear why this could be of concern to people everywhere who appreciate free-range meat. With the exception of some “non-amenable” meats from North American species like bison, elk, and alligator, every domestic species of livestock commonly raised in the United States could be classified an “invasive species.”

I checked the MDNR’s website, and they do have information up about feral hogs and the new policy going into effect. If this guy is a con man trying to run a scam, he’s at least come up with a credible story.
“Feral Swine in Michigan – A Growing Problem”
“DNR Order Listing Sporting Swine as Invasive Species Takes Effect”
“Feral Swine”

Lest you let the information on the government website scare you, remember how we were all warned some years ago that terrorists were going to use swine flu and bird flue to bring about the end of the world, and how we should all stock up on rolls of plastic and duct tape to seal ourselves in our houses with several weeks’ worth of food. If an enforcement agency can’t scare people into believing there’s a grave threat that only they can solve, they don’t get funded as generously. Keep that in mind as you review the DNR’s side of this issue.

I didn’t see contact information for Bakers Green Acres on the YouTube site, so here’s a link to their website: http://vbs20.com/bakers/

Good Eats

Pondering a conversation from last summer about the relationship (or lack thereof) between healthy eating habits and access to healthy foods, I hit upon a question that won’t let me sleep. Continue reading Good Eats

What Do You Do with 30 Pounds of Turnips?

It sounds like we’re not the only ones redefining Community Supported Agriculture. Check out this recent article in the Washington Post:

http://www.washingtonpost.com/lifestyle/food/smarter-food-the-flexible-csa-box/2012/01/11/gIQA6BvRfQ_story.html

Improvise – Adapt – Overcome

As many of you are aware, last year was a terrible year for Frijolito Farm. Because of a combination of extended bad weather, rising costs, mechanical malfunctions, supply interruptions, and inadequate infrastructure, we ended up thousands of dollars in the hole despite having the highest gross sales in our four-year history. Sales were higher than they’ve ever been…but the broilers were underweight because I couldn’t afford enough feed to bulk them up. Hundreds of eggs had to be discarded because I simply couldn’t clean them fast enough. Over half the hens got killed by wildlife because I didn’t have materials to repair hen houses and build adequately protected runs. Early planting didn’t get done because the soil was too wet. Later plantings were mostly overrun by weeds, because spending so much time trying to mitigate the other problems caused me to largely neglect the gardens.

Failure is not an option, though. Several people have balances on gift cards they purchased last year. I owe them product. I couldn’t go out of business even if I wanted to. The challenge in front of me is how to overcome last year’s problems and succeed this year…while starting out with a negative balance.

To that end, I’m making some big changes.

Continue reading Improvise – Adapt – Overcome

CSA Open House in Worthington

For those who aren’t on our mailing list, here’s the latest newsletter:

Next Wednesday, February 1st from 6-8 p.m., House Wine in Worthington (644 High Street) will be hosting a CSA Open House featuring Wayward Seed Farm, Frijolito Farm, Sippel Family Farm, and VanScoy Farms. Come out and talk with local farmers about how you can benefit from community supported agriculture.

The event is open to everyone, and no reservations are required. For those who wish to enjoy a drink, House Wine will be offering $4 wine pours and craft beers. Also, there will be plenty of free parking.

As you may be aware, 2010 was the last year Frijolito Farm offered a traditional, subscription-style CSA. Last year, we started selling gift cards instead. This allows you to support the farm by pre-paying, just as you would in a regular CSA, but it affords you the convenience and flexibility of purchasing only what you want, when you want.

And to make things even more convenient…we’re going to be opening a store! We’re still renovating the building, so there’s no firm opening date at this time, but I’m hoping to open sometime around the beginning of May–about the same time the farmers markets will be starting.

For more frequent updates, follow us on Facebook or read the farm blog at frijolitofarm.com/blog .

Thank you for your support!

Wayne Shingler
Frijolito Farm