A Pennsylvania judge has ruled that Amish Lancaster County farmer Amos Miller can sell his products out-of-state, striking down a previous motion by the Pennsylvania Department of Agriculture, which would have restricted the sale of his products at any location.
Judge Thomas Sponaugle ruled on April 12 that regulated milk sales only apply state-wide and that any restrictions do not apply outside of the state.
“While Plaintiff may be correct that the Pennsylvania General Assembly meant to prevent any sales of raw milk without a permit to both in Commonwealth and out of Commonwealth buyers, Pennsylvania law regulating milk sales references within the Commonwealth … at the same time, other applicable regulations do not indicate ‘within the Commonwealth’,” the judge wrote.
In addition, the judge wrote that the court has no intention of “blurring the line” regarding raw milk sales in Pennsylvania and out-of-state.
The Department of Agriculture subsequently sued Mr. Miller for selling his product out-of-state without licensing to do so.
Mr. Miller's lawyer, Robert E. Barnes, argued during a court hearing in late February that the agriculture department “materially misled the court with perjured affidavits based on events that occurred many years before.”
Mr. Barnes also asserted that Mr. Miller's farm has supplied thousands of customers over more than two decades without any record of complaints about food safety.
“If they control our food, they can control the people.”
Pennsylvania law states that permits may be granted to manufacture and sell raw milk and raw cheese. Surprisingly, however, this does not apply to other raw dairy products, such as butter, yogurt, and eggnog, which Mr. Miller distributes nationwide. A commercial ban on these products in the state is in place.
The previously imposed injunction brought Mr. Miller close to bankruptcy. The latest ruling, however, allows him to remain in business.