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(1)Where the Missouri Department of Agriculture and the Missouri State Milk Board placed an embargo on a dairy’s cheese and then recalled and ordered the cheese to be destroyed, the dairy did not show that the trial court erred when it denied a motion for a more definite statement because there was no indication that the dairy would be unable to prepare a responsive pleading without the requested information.
(2)Where a dairy was ordered to destroy its cheese following a condemnation action due to bacteria, the trial court applied the correct burden upon the state requiring proof of the dairy’s violation of the statute, the unlawful sale of dairy products, rather than proof that the cheese was unfit for human consumption.
(3)Where a dairy challenged the authority of the state’s Milk Board to condemn an inventory of cheese absent the establishment of a violation of a provision regarding illegal manufacture, the dairy confused the authorization to order an embargo with the later condemnation order, and the trial court properly upheld the condemnation order.
Judgment is affirmed.
State ex rel. Chris Koster v. Morningland of the Ozarks, LLC (MLW No. 64239/Case No. SD31390 – 16 pages) (Missouri Court of Appeals, Southern District, Rahmeyer, J.) Appealed from circuit court, Howell County, Dunlap, Sp. J. (Jessica L. Blome, Jefferson City, for respondent) (Jaired B. Hall, Houston, for appellant).
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