Bergey's Dairy accused of making milk without permit. - The Virginian-Pilot (Norfolk, VA)

Mar. 25--CHESAPEAKE --- The owner of the landmark Bergey's Dairy Farm Inc. faces prosecution for continuing to produce milk despite having the dairy's milk-producing permit suspended.

For many in Chesapeake, the family-owned dairy is an institution that provided their only taste of farming life in a rapidly growing city. The Mount Pleasant Road business is one of only two in Virginia that own and operate a dairy farm and a milk-processing plant, according to the state Department of Agriculture and Consumer Services.

Leonard E. Bergey, who owns Bergey's Dairy, is tentatively scheduled to stand trial Wednesday on misdemeanor charges of producing milk without a permit, according to Assistant Commonwealth's Attorney Terry Gryder.

The Chesapeake resident was expected to stand trial Thursday afternoon. However, Bergey appeared in Chesapeake General District Court without an attorney and asked Judge Robert R. Carter to continue his case.

Carter told Bergey that he needed to be ready for trial next week or face having the dairy shut down because of the health issues involved.

Opened in 1933, the dairy still sells its products in glass bottles. It hosts school groups and 'Day on the Farm' open houses, and it has been featured in numerous magazine and newspaper articles.

Bergey is accused of seven charges of producing Grade A milk and Grade A whipping cream without a permit, Gryder said. The misdemeanors are Class 1 offenses, each punishable by 12 months in jail and up to $2,500 in fines.

Bergey's Dairy's recent offenses occurred Feb. 18, 23, 25 and 28, and March 15 and 18, according to court records.

Health inspectors in Norfolk suspended the dairy from producing milk on Feb. 14 after several warnings to correct violations, according to court testimony. Despite the suspension, Bergey admitted in court that he continued to produce milk and whipping cream.

He was not allowed to produce any products except for butter and ice cream, according to court testimony.

The Norfolk Department of Public Health handles inspections at Bergey's Dairy because Chesapeake's public health department lacks a dairy inspector and both health departments are units of the state.

Inspectors sent Bergey letters in October, November and February warning him to rectify concerns they had with the dairy. Bergey told the judge on Thursday that he had taken care of many of those concerns.

Inspectors were concerned that Bergey failed to get a vitamin analysis of his product, a requirement to determine the amount of vitamins in the Grade A milk. Among other things, they noted an unacceptable bacteria count and temperatures at the dairy. Bergey was directed to install a new thermometer on a milk tank at the farm.

Bergey, a resident of the 500 block of Wenger Road in Chesapeake, declined to talk about the case Thursday.

Agnes Flemming, environmental health manager for the Norfolk health department, said the dairy's permits were suspended because Bergey's 'failed to meet the standards acceptable to protect the milk and public.'

Flemming said she could not make comments prior to the trial.

Bergey's has a dairy farm permit with the state Department of Agriculture and Consumer Products and a Grade A processing plant permit with the state Health Department.

To earn a Grade A label, milk production has to follow extensive sanitary regulations on how cows are milked, how milk is stored and how the facilities are cleaned, among other items. The Grade A classification includes milk and fluid milk products such as cream and yogurt.

Bergey's Dairy is one of only two businesses in Virginia that own and operate a dairy farm and a milk-processing plant, said John Beers, a dairy specialist with the state Department of Agriculture and Consumer Services.

'They process milk from their own farm,' he said.

Less than two years ago, a third dairy farm and processing plant went bankrupt and closed, Beers said.

While Virginia has more than 800 dairy farms, all but Bergey's and Homestead Creamery Inc. in Wirtz sell their milk to processing and bottling plants, generally through cooperatives, Beers said.

'Plants are very expensive. Dairy farming is very expensive,' Beers said. 'It's hard to make a go of it economically.'

Their milk products are generally more expensive, and the average customer is not willing to pay more for a gallon of milk, he said. Niche marketing strategies such as home delivery have been successful, Beers said.

Bergey's provides free home delivery for its customers. Earlier this year, the dairy closed its North Battlefield Boulevard retail store, keeping retail stores at the Virginia Beach Farmers Market and at its Mount Pleasant Road location.

Bergey's has been in trouble with the state Department of Environmental Quality in the past because of its handling of wastewater. The dairy has paid fines for not complying with state rules for proper disposal of wastewater, among other problems.

By Claudia Assis and John Hopkins

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