The judge did not overrule the jury, so the guilty verdict and fine of $1567 stays.
We are still awaiting word from Raw Milk Farmer Eldon Hoolely‘s defense team, but a Fort Worth jury has found Eldon Hooley, owner of Rosey Ridge Farm, guilty of “Food Establishment Unapproved Source.” A co-op in Fort Worth purchased milk from Mr. Hooley and brought the milk from the farm to Fort Worth using a van owned by the Hooleys.
The state made the case that the van used to transport the milk is a “food establishment” according to Texas law. The law states that a vehicle that transports food for the consumption of others is a “food establishment.” The jury agreed with the state in determining the van was a “food establishment.”
According to the state and this jury, if you bake a cake in your home, put it in your car to take to a party and share with others, your vehicle is now considered a “food establishment” and therefore requires a license to operate and the food must be approved but the state.
The judge did not overrule the jury, so the guilty verdict and fine of $1567 stays. The Hooleys are in great spirits and are so thankful for Gary Cox and the Farm to Consumer Legal Defend Fund. We will make a more formal post tomorrow regarding this whole thing and how we move forward from here.