Farm-to-Consumer Legal Defense Fund
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Wisconsin: GrassWay Organics Lawsuit against DATCP


Farm-to-Consumer Legal Defense Fund et al v. Wisconsin Department of Agriculture and Consumer Protection
The Farm-to-Consumer Legal Defense Fund (FTCLDF) has filed a complaint for declaratory judgment on behalf of Wisconsin farmers Kay and Wayne Craig and related entities against the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP). The complaint seeks declarations that the Craigs, the farm store they operate (GrassWay Organics Farm Store LLC), and GrassWay Organics Association and its members who have invested in the LLC are not engaging in the illegal sale of raw milk in violation of Wisconsin laws, and that the farm store does not need to obtain a "retail food establishment" license in order to operate.

Plaintiffs (P):  FTCLDF, GrassWay Organics Farm Store LLC, GrassWay Organics Association, Kay & Wayne Craig d/b/a GrassWay Farm

Defendants (D):  Wisconsin Department of Agriculture and Consumer Protection (DATCP); Rod Nilsestuen, Secretary

Judge (J): Dane County Circuit Court - Judge Patrick J. Fiedler


To view the Court Record Events, go to "Case Search" at  and click on "Wisconsin Circuit Court Access". Search for Dane County Case Number 2009CV006313.

Sep 22, 2010 - DATCP has also asked that the case of Mark and Petra Zinniker, which was transferred by the Walworth County court to a court in Dane County, be consolidated with this case of GrassWay. More...

May 24, 2010 - The suit claims that under Wisconsin law, the sale of raw milk to LLC members is legal when the LLC holds the Grade A permit and owns the cows.  DATCP has denied these claims and has moved for judgment on the pleadings.  More...


Oct 6, 2010 [J] - Motion Granted to Consolidate

Jun 14, 2010 [D] - Notice of Motion and Motion to Consolidate

Jun 8, 2010 [D] - Defendant's Reply Brief in Support of Motion for Judgment on the Pleadings

May 25, 2010 [P] - Response to Defendant's Motion for Judgment on the Pleadings

Mar 4, 2010 [D] - Answer

            Notice on Motion and Motion for Judgment on the Pleadings

Feb 8, 2010 [D/P] - Stipulation and Order

Jan 25, 2010 [D] - Motion to Dismiss

Dec 16, 2009 [P] - GrassWay Organics Complaint

            Complaint Exhibits 1-7

            Complaint Exhibits 8-17


Dec 18, 2009 - FTCLDF Files Suit over Raw Milk in Wisconsin


Oct 20, 2010 - Raw Milk Battle Continues in Wisconsin

Sep 22, 2010 - FTCLDF Case Updates

May 25, 2010 - Wisconsin Raw Milk Update

May 24, 2010 - FTCLDF Case Updates

Feb 10, 2010 - How DATCP Denies Raw Milk Consumers Their Rights

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