business

GAYLORD, MINN. - Farmer Mike Hartmann, who sold raw milk linked to an outbreak of illness caused by dangerous E. coli bacteria, repeatedly told government attorneys in court Wednesday that he couldn't remember simple details about his dairy operation that is under a bitterly contested impoundment order.

Among the things he said he couldn't remember were his home address and the address of his dairy farm and why he claimed in a dispute with the state nine years ago not to own the farm he now says he's owned since 1974. He also said he forgot where he learned how to sterilize his milking equipment.

Hartmann has been at odds with the Minnesota Agriculture Department, which impounded several hundred tubs of milk, ice cream and other foods in June after an E. coli outbreak sickened eight people and sent some to the hospital. Hartmann wants the food back, but state officials say it is adulterated and should be destroyed. He has filed a counterclaim, saying the state violated his constitutional right to sell his wares and is seeking compensatory damages.

Testifying for a second day in Sibley County District Court, Hartmann revealed that two customers -- one with a sick child -- contacted him about the safety of his raw milk around the time of the outbreak in May, but he hadn't mentioned it to state officials.

He also said he'd spoken to several other customers to find out whether any got sick from drinking his raw, unpasteurized milk. But when pressed, Hartmann couldn't remember the people's names or the last time he'd talked to them.

Pasteurizing kills E. coli, but some consumers favor raw milk.

Hartmann also shed little light on some sanitation issues. Hartmann said his cows' udders were cleaned regularly to prevent infection. When Kimberly Middendorf, an assistant state attorney general, asked about photos showing blotches on the udders, he said he couldn't be sure whether they were skin pigment, dirt or manure.

Asked about state food safety regulations, Hartmann said he considered many of them "arbitrary" rather than beneficial. He also said that, as a farmer selling products direct to consumers, he believed he was exempt from the state rules.

Middendorf said that while farmers are allowed to make some sales direct to consumers from their farms without a retail license, they aren't exempt from any other safety regulations.

Hartmann conceded that not everything he sold came from his farm. Four of the six ingredients of his ice cream (emulsifier, sugar, powdered milk and vanilla) were purchased on the outside.

Asked if he understood that he needed a retail license if he was selling products that didn't come from his farm, Hartmann said, "I'm not sure I understand."

Hartman's attorney, Zenas Baer, described Hartmann's familiarity and expertise in managing the dairy farm, including how Hartmann diligently sought to minimize bacterial counts in his milk following a state inspection of his dairy farm in May.

Hartmann said his dispute with the state had seriously hurt his dairy business. In addition to reduced milk sales, the farm also has suffered from a decline in demand for its eggs, cheese and butter, he said.

"In income, we're down a lot," Hartmann said.

Testimony by other witnesses is expected to continue this week. District Judge Rex Stacey said he will issue a decision after the trial but said he anticipates an appeal regardless of who prevails in district court.

Steve Alexander • 612-673-4553