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Kestrel's Nest — Links, thoughts, and what-not from Athens, GA

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...the bizarre allegations of plaintiff Eric Wagoner...

Equally unavailing are the bizarre allegations of plaintiff Eric Wagoner, who claims that although his truck was “searched and seized by officials from Georgia,” he destroyed the unpasteurized milk inside under orders from “FDA without a warrant or other legal process.” Because Mr. Wagoner’s “alleged facts” are “nothing more than unsupported conclusions, unwarranted inferences and sweeping legal conclusions,” this Court is “not required to accept [them] as true” for purposes of this motion to dismiss. Had FDA actually ordered the destruction of the milk as alleged, which FDA may accomplish by means of the Food, Drug, and Cosmetic Act’s in rem seizure provision, 21 U.S.C. § 334, the proper venue in which to object would have been in the seizure action itself, wherein Mr. Wagoner would have had “an opportunity to appear as a claimant and to have a full hearing before the court.”

The above is quoted from a legal brief filed by the FDA last week. What's so hard to understand? Agents of the state of Georgia seized my truck and its contents, ordered me to hold it at my home, and then four days later the state agents arrived with an FDA agent who ordered me to destroy the milk on the spot because it was in violation of FDA rules. There's no "Had FDA actually ordered the destruction of the milk as alleged..." -- they did it. And people around the world watched them do it.

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June 28, 10:44 PM

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Eric Wagoner

VP, Data Accessibility at Partner Software
Computer Software | Athens, Georgia Area, US
I've been doing web development in one form or another since 1996. I currently work exclusively in Ruby on Rails for new projects, but still maintain a few php applications.
Specialties: web application development, ruby on rails, sustainable agriculture, farmers markets and other agricultural direct marketing

Experience

  • Jan 2005 - Present

    Owner / Operator / LocallyGrown.net, LLC

    Web-based software to manage farmers markets and small diversified farms.
  • Jul 1997 - Present

    VP, Data Accessibility / Partner Software

  • 1994 - 1997

    Engineering Tech / Socorro Electric Cooperative

Education

  • 1989 - 1994

    New Mexico Institute of Mining and Technology / BS in Physics

    Activities: Sigma Pi Sigma, Student Association

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@Farm Cart (255 W. Washington St)
12 hours ago in Athens, GA

You're looking at my Lifestream, a real-time flow of my activity across various websites, with the occasional blog post for nourishment.