AG Van Hollen: Sauk County resident Vernon D. Hershberger charged with operating a food and dairy establishment without a license

For Immediate Release
December 7, 2011
For More Information Contact:
Dana Brueck 608/266-1221

MADISON — Attorney General J.B. Van Hollen announced that on December 6, 2011, the Wisconsin Department of Justice, acting as special prosecutor for Sauk County, filed a summons and criminal complaint in Sauk County Circuit Court accusing Vernon D. Hershberger, a Loganville, Sauk County resident, with four counts that relate to the sale of food without a license, as well as producing and processing dairy products without a license and violating a holding order.

According to the criminal complaint, Hershberger was informed in 2007 that the sale of refrigerated or frozen food without a retail food establishment license violated the law but continued to operate a retail food establishment without a license. The criminal complaint further alleged that Hershberger was informed that his milk producer license was going to be considered abandoned if he did not resume shipping milk to a licensed dairy plant. As alleged in the complaint, his license was thereafter revoked. Despite the warning, Hershberger operated as a milk producer without a license. Further, the complaint alleges that Hershberger was operating a dairy plant without a license. Finally, the complaint alleges that a holding order was served on Hershberger which prohibited the sale or movement of specific food products set forth in that holding order. The complaint alleges that Hershberger violated this order by removing food products that were subject to the holding order.

A criminal complaint is a document that alleges that a crime was committed by a person or a corporation. The defendant is presumed innocent unless and until proven guilty.

The matter is tentatively scheduled for an initial appearance on January 4, 2012 at 1:00 p.m.

The charges are the result of an investigation by the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP). Assistant Attorneys General Eric D. Défort and Phillip D. Ferris represent the State of Wisconsin as special prosecutors for the County of Sauk.

A copy of the criminal complaint is available at the following link: