“They have failed to get a license and have refused to get a license,” said Health Commissioner Duane Stansbury.
For the last five years, the Kilpatricks have been selling organic fruit and vegetables — which are grown, harvested, cleaned and prepared on site — along with frozen meat, eggs, dairy products and other items from vendors through a private membership association with more than 3,000 members, according to the farm’s website.
An investigator from the Warren County Health District visited the market Dec. 12, 2024, in response to an anonymous complaint the day before. The investigator noted the sale of food in refrigeration units, packaged and unpacked agricultural products, bottled salad dressing and the direct-to-customer sale of food items, according to the health department’s June 11 complaint.
The health district on Dec. 17, 2024, sent a notice of violation for operating an unlicensed retail food establishment. Michael Kilpatrick sent a letter acknowledging receipt but said The Farm on Central is a private membership association operating under the First and 14th amendments and would not seek a license, according to court records.
Stansbury said licenses are still required for private membership organizations, such as warehouse clubs, country clubs and fraternal organizations that sell food or have restaurants.
“There’s no exclusion in the state law for private clubs,” he said.
Stansbury said the health department has provided The Farm on Central owners with information on state law and has tried to work with them for several months.
Health district employees returned April 9 and noted “licensable activity” with food for sale including prepackaged, refrigerated dairy products, eggs, frozen raw meat; refrigerated foods such as washed, cut and packaged lettuces, carrots, dill dip and ranch salad dressing; and bakery items including sourdough bread, cinnamon rolls and croutons.
Farm owners did not immediately respond to messages from this news outlet seeking comment.
The Kilpatricks have been providing updates on the court proceedings on the farm’s website, which noted that in its five years no issues had been reported to the Warren County Health District, no recalls and no illness complaints.
A preliminary injunction hearing is set for June 26.
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