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CapitalPress.com
October 13, 2017
WSDA finds more Judge denies compensation
salmonella in
for 2001 Klamath water shutoff
dairy’s raw milk
Some irrigators
By DON JENKINS
Capital Press
More raw milk from a
dairy that already has been
ordered to stop processing
milk has tested positive for
salmonella,
Washington
State Department of Agri-
culture spokesman Hector
Castro said Tuesday.
WSDA found the bacteria
in all four samples collect-
ed Oct. 2 from Pride & Joy
Dairy of Toppenish. WSDA
was following up on finding
salmonella in a sample taken
Sept. 18.
“We don’t typically get
a detection of a pathogen
during a second round of
testing,” Castro said. “It’s
even less common to find
something in each of the
samples.”
Finding more salmonella
had no immediate regulatory
consequences, but was an-
other blow to Pride & Joy.
WSDA on Oct. 6 ordered
the dairy to cease production
after the state Health Depart-
ment connected Pride & Joy
to two people hospitalized
with salmonella poisoning in
January.
Health officials suspected
a link at the time, but didn’t
have the evidence until they
matched the strain of salmo-
nella that sickened the two
people with the strain found
at the dairy in September.
Pride & Joy said in a
Facebook post Saturday that
it would comply with the or-
der. The dairy had declined
a WSDA request on Sept.
28 to voluntarily halt selling
raw milk pending more tests
and an investigation into the
source of the contamination.
Pride & Joy owner Cher-
yl Voortman said in an email
Tuesday that an Idaho lab
tested raw milk samples
from the dairy last week and
found no contamination.
The dairy posted the same
information on its Facebook
page.
The dairy also said it was
starting a private Facebook
discussion group, “Raw
Milk Power,” which will
be open to only “verified
customers and known advo-
cates.”
Castro said WSDA will
conduct further tests to see
whether the salmonella
found in the samples collect-
ed Oct. 2 matches the strain
that was found in September
and that sickened the two
people in January.
The two were hospital-
ized in Clark and Pierce
counties and both said they
had consumed raw milk
from Pride & Joy. In fol-
low-up tests, WSDA did not
find salmonella in the dairy’s
milk, but it did find E. coli.
The dairy stopped produc-
tion for nearly three months
while it worked to satisfy
WSDA that it had corrected
any problems.
To regain its processor’s
license, the dairy will again
have to submit a plan to
WSDA, Castro said. “We
need to ascertain whether we
think that’s going to work,”
he said.
Pride & Joy has about
100 milking cows and has
been selling raw milk for
nine years, according to
Cheryl Voortman, who owns
the dairy with her husband,
Allen Voortman.
The dairy bottles its raw
milk under its own label and
has been available in about
two dozen stores in Western
and Eastern Washington.
The dairy retains its license
to produce milk and can sell
it to other processors to be
pasteurized.
WSDA tests samples
from the state’s 39 licensed
raw milk producers each
month.
barred from claims,
others superseded
by tribal rights
By MATEUSZ PERKOWSKI
Capital Press
Irrigators in the Klamath
Basin whose water was shut
off in 2001 to protect fish ar-
en’t entitled to government
compensation, according to a
federal judge.
In some cases, the farmers
were disqualified from ob-
taining damages for lost wa-
ter for a variety of reasons,
the ruling said.
Other farmers in the re-
gion held valid property
rights in the water but the
2001 shutoff wasn’t a gov-
ernment seizure because sev-
eral native tribes held senior
water rights, according to
Judge Marian Blank Horn
of the U.S. Court of Federal
Claims.
The lawsuit, filed about
16 years ago against the U.S.
government, sought roughly
$30 million for the shutoff,
which was prompted by con-
cerns about drought impacts
on the threatened coho salm-
on and endangered Lost Riv-
er and shortnose suckers.
Horn noted that the litiga-
tion has been “long and com-
plicated,” involving several
types of irrigators and having
undergone review by “multi-
ple judges” as well as a feder-
al appeals court.
Ten months after holding
a two-week trial in the case,
the judge has determined the
claims of one class of farm-
ers was precluded by a pre-
vious court order, while oth-
ers were blocked by revised
lease terms on national wild-
life refuges.
Others held contracts “im-
munizing” the federal gov-
ernment from liability during
droughts or other circum-
stances where sufficient wa-
ter was unavailable, she said.
Horn found that some
growers proved they’d be eli-
gible to be compensated for a
permanent physical taking of
their water, which would be
a significant victory if not for
the effect of tribal rights on
their claims.
The Klamath, Yurok and
Hoopa tribes have “time im-
memorial” water rights that
precede those of the farmers,
even though they can’t use
them for “consumptive” uses
like irrigation, the ruling said.
These in-stream tribal wa-
ter rights entitle them “to pre-
vent other appropriators from
depleting the flows of the
Klamath River below levels
required to support the fish
they take in exercise of their
treaty rights,” according to
the ruling.
By withholding water to
fulfill its obligations under
the Endangered Species Act,
the federal government was
preserving enough water to
avoid violating the senior
tribal water rights, Horn said.
Therefore, the govern-
ment wasn’t seizing the irri-
gators’ property without just
compensation, she said.
While Horn’s ruling is
a setback for the plaintiffs,
they can challenge the rul-
ing before the U.S. Court of
Appeals for the Federal Cir-
cuit.
Dan Wheat/Capital Press
Cameron Lewis levels bin of freshly picked Gala apples in his East Wenatchee, Wash., orchard on Aug. 28. The state’s Gala crop is
estimated at 34.6 million, 40-pound boxes, which is up 17.5 percent from the August forecast and 10.6 percent from last year.
Early apple volumes, prices strong
Capital Press
YAKIMA, Wash. — Gala,
Golden Delicious and Hon-
eycrisp harvests are larger
than anticipated, increasing
chances the total Washington
apple crop will exceed the
130.9 million, 40-pound box-
es forecast in early August.
Prices of several variet-
ies, except Red Delicious,
are higher than a year ago,
according to USDA track-
ing.
“It’s more likely the fi-
nal harvested crop could
exceed the August estimate.
However, it’s also later than
average and growers are
acutely aware of the need
to complete harvest before
freezing temperatures cause
damage,” said Jon DeVaney,
LEGAL
IN THE CIRCUIT COURT
OF THE STATE OF OREGON
COUNTY OF MARION
Probate Department
IN THE MATTER OF THE
ESTATE OF
Katina Elizabeth
Hatzantonis, Deceased
No. 17PB06169
NOTICE TO
INTERESTED PERSONS
NOTICE IS HEREBY GIVEN
that
Rocco
Faren
has
been appointed Personal
Representative of the above
entitled estate. All persons
having claims against the
estate are required to pre-
sent them to the Personal
Representative in care of the
below
named
attorney
within four months after the
date of the first publication
of this notice as stated
below, or such claims may be
barred.
All persons whose rights
may be affected by the
proceedings in this estate
may
obtain
additional
information from the records
of the Court, the Personal
Representative,
or
the
attorney for the Personal
Representative.
Call Classifieds for
More Information
ROP-37-6-2/HOU
Attorney:
L. E. ASHCROFT
510 SW Fiftth Ave, 6th Flr
Portland, OR 97204
legal-40-4-1/999
DATED and first published
this 6th day of October, 2017.
Personal Representative:
ROCCO FAREN
president of the Washington
State Tree Fruit Association
in Yakima. “A lot of weather
and labor factors can still af-
fect the harvested total.”
Harvest began with Gala
in mid-August and ends with
Fuji, Cripps Pink and Gran-
ny Smith in early November.
The crop is about half har-
vested, DeVaney said.
The association’s Oct. 1
storage report estimates the
total Gala crop at 34.6 mil-
lion boxes, up 5.1 million, or
17.5 percent, from the Au-
gust forecast. Honeycrisp, at
12.4 million, is up 1.9 mil-
lion boxes, or 18.7 percent;
and Golden Delicious at 7.4
million boxes is up 500,000,
or 7.6 percent.
The new estimates indi-
cate this year’s Honeycrisp
crop is 48.3 percent larger
than last year’s, Gala is 10.6
percent larger and Golden
Delicious is up 12.7 percent
from last year.
As of Oct. 8, 9.2 million
boxes of the new crop have
been shipped versus 11.38
million boxes a year ago and
10.5 million two years ago.
Shipments are lower be-
cause the crop is a week or
two later than average this
year, DeVaney said. The last
two years it was earlier than
average.
Washington apple prices
are expected to stay stronger
throughout this fall, winter
and spring because of small-
er crops in Europe, Mexico,
Michigan and Canada.
On Oct. 6, the average
asking price among Yakima
and Wenatchee district ship-
pers for extra fancy (stan-
dard grade), medium size 80
apples per box for Gala was
$24 to $28 and $22 to $26
for 88s compared to $20 to
$23.90 for both sizes a year
ago.
Generally, $17 to $18 a
box is break-even for grow-
ers on major varieties.
Desmond
O’Rourke,
world apple market analyst
and retired Washington State
University ag economist,
has said he expects Gala to
average $22 for the new sea-
son, up from $21.50 this past
year.
Red Delicious is at $14 to
$16 per box this year versus
$24 to $26 a year ago. O’Ro-
urke said that’s because
there’s still 2016 Red Deli-
cious to be sold and that the
price should rebound to $20
once that’s gone.
Golden Delicious was
$30 to $34 compared to $28
to $30.90 a year ago for 80s,
and $30 to $34 versus $26 to
$28.90 a year ago for 88s.
Granny Smith was $42 to
$46 for 80s and $40 to $44
for 88s compared to $22 to
$26.90 a year ago for 80s
and 88s.
The high price is an aber-
ration caused by a temporary
shortage, O’Rourke said.
Honeycrisps were $70
to $76 for premium 80s
and $65 to $75 for premi-
um 88s, compared to $45
to $60.90 for 80s and 88s a
year ago.
“There is a lot more dis-
counting of Honeycrisp al-
ready at retail this season
than in the past. The more
reasonable price is around
$60 a box,” O’Rourke said.
“I’ll be looking to see if that
can hold.”
LEGAL
LEGAL
PURSUANT TO ORS
CHAPTER 819
Notice is hereby given that the
following vehicle will be sold, for cash
to the highest bidder, on 10/24/17.
The sale will be held at 10:00am by
PARKING ENFORCEMENT SERVICES
1768 13TH ST SE SALEM, OR
2015 MAZDA 3
VIN = 3MZBM1K70FM171363
Amount due on lien $3,035.00
Reputed owner(s) CODY MOLDENHAUER
JP MORGAN CHASE BANK
PURSUANT TO ORS
CHAPTER 98
Notice is hereby given that the
following vehicle will be sold, for cash
to the highest bidder, on 10/16/17.
The sale will be held at 10:00am by
PARKING ENFORCEMENT SERVICES
1768 13TH ST SE SALEM, OR
2005 FORD EXPEDITION
VIN = 1FMPU15505LA33644
41-legal-2-3/999
40-legal-2-1/102
By DAN WHEAT
Amount due on lien $2,953.00
Reputed owner(s) JESSICA BARNOSKE
TITLEMAX
JESSICA BARNOSKE