Judge orders dairy to stop making milk, fix problems.(Local) - The Virginian-Pilot (Norfolk, VA)

Byline: JOHN HOPKINS

CHESAPEAKE -- BY John Hopkins

THE VIRGINIAN-PILOT

CHESAPEAKE - A judge has ordered Bergey's Dairy Farm Inc., a popular fixture in the city since the 1930s, to immediately stop producing milk and other Grade A dairy products.

Chesapeake General District Judge Robert R. Carter's order came Monday afternoon during a three-hour trial in which the dairy was accused of continuing to produce milk despite being notified to stop . Leonard E. Bergey, president of the dairy, was told in February by the Health Department that his milk -producing permit was suspended because of health violations.

'We can't let this go on,'' Carter told Bergey. 'I think the Health Department has been extremely, extremely nice.''

The ruling does not affect the dairy's ice cream and butter production and non dairy products.

Carter ruled that Bergey will be allowed to continue his milk-producing business only after he has corrected violations.

Financial problems have made it difficult for the local dairy to address the violations, said Bergey, who predicted he could have the business up and running again within two days.

'Obviously, I would like to get this corrected and get the Grade A permit back in place,' Bergey said during the trial. 'There are a great number of people who depend on our milk supply.'

Health inspectors suspended the dairy from producing milk on Feb. 14 after several warnings to correct violations. Bergey was told personally of the suspension, said Robert L. Smith, environmental health supervisor for the Chesapeake Health Department.

'I delivered the letter to him and had him sign it,' Smith said.

Nonetheless, Bergey did not stop.

'He has flagrantly continued to produce, continued to process,' said Assistant Commonwealth's Attorney Terry Gryder. 'It just can't happen.''

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

'I'm not going to break you with fines,' Carter told Bergey. 'You already have enough problems.'

Linda Clapp, environmental health specialist with the Norfolk Health Department, cited numerous violations at the dairy in past months.

'At least nine of the suspected violations were identified as repeat violations, meaning Ms. Clapp had observed the same condition during previous inspections of the milk plant,' according to Health Department records.

Those suspected violations included leaking valves, unacceptable bacteria counts, improperly labeled products, milk for retail sale without pull dates or expiration dates, lack of a functioning thermometer on a milk tank, mold and soil on walls in a processing room and mouse droppings in cap-storing cabinets and in dry storage.

The dairy also had failed to get a vitamin analysis of milk products, a requirement to determine the amount of vitamins in the Grade A milk.

It is the first time the dairy's entire milk production has been shut down. The Health Department, however, has suspended or warned Bergey about individual products on numerous occasions, Clapp testified.

Since Sept. 9, 2003, Bergey has received 14 health warnings on items such as its buttermilk, chocolate and strawberry milk, raw cream, 2 percent reduced-fat milk and whipping cream. In the same period, the dairy has been suspended from producing five of the individual products because of high bacteria counts.

'He can not show that his milk supply is safe,' said Gryder, who argued that the latest problems are part of 'a pattern, a history of noncompliance.'

Health Department records, obtained by The Virginian-Pilot, show a history of repeat violations.

In 2002, Bergey was warned about 'lots of mouse droppings' on shelves and in dry storage, mold and peeling paint.

In 2003, one report noted 'lots of dead flies' in a zapper in the bottle washer room, mold buildup on walls and mouse droppings.

A report in 1998, noted a failure to wash milk crates before they entered the processing room.

In 1999, a report noted that 'Bergey's has had chronic problems with coliform counts that exceed allowable limits for its buttermilk.'

In 1998, sand was found in the bottom of a vat pasteurizer, according to Health Department records. The sand was from well water, which should have been filtered to prevent sand from getting on equipment and into any products.

Milk samples taken in 1998 revealed the presence of antibiotics in the raw and processed product. Milk is not supposed to be sold with traces of antibiotics.

The Mount Pleasant Road business is one of only two in Virginia that own and operate a dairy farm and milk-processing plant. The dairy milks about 30 cows.

Despite its recent struggles and lack of money , Bergey said he does not plan to give up the farm.

'We want to continue to serve the public,'' he said.

* Reach John Hopkins at 222-5221 or at john.hopkins@pilotonline.com.

{DOUBLE-EDIT} ruling

Bergey's Dairy Farm Inc. will be allowed to continue producing milk after the violations are corrected.

CAPTION(S):

Steve Earley/The Virginian-Pilot

Leonard E. Bergey says he hopes to have Bergey's Dairy Farm open again within two days. A judge ordered him to stop making milk and other Grade A dairy products.Steve Earley/The Virginian-Pilot

Bergey's Dairy Farm in Chesapeake has been ordered by a judge to immediately stop producing milk until it can fix health violations.