Court Enjoins Dairy Farmer from Selling Raw Milk Across State Lines
A federal court in Pennsylvania has granted the U.S. government’s motion for summary judgment and permanently enjoined a Pennsylvania dairy farmer from selling raw milk and milk products in interstate commerce. United States v. Allgyer, No. 11-02651 (E.D. Pa., decided February 2, 2012).
According to the court, Daniel Allgyer’s interstate sales of raw milk were discovered through an undercover investigation that involved placing online orders for the product through a membership-only group. Members were cautioned by the website to “not share information” about the group with government agencies or doctors. The Food and Drug Administration (FDA) apparently purchased some of the milk for delivery out of state, and independent testing confirmed that it was unpasteurized. FDA warned the farmer to stop violating federal law, but he continued to make deliveries to out-of-state consumers through a different membership organization.
The court rejected the defendant’s arguments that summary judgment should not be granted because (i) “his involvement in a private membership cow sharing organization precludes FDA involvement,” (ii) the action is quasi-criminal in nature and thus requires probable cause and an official complaint, (iii) “FDA illegally sent him warning letters and failed to answer the mandatory Privacy Act Questions required by the Privacy Act of 1974,” and (iv) he had not received the agents’ “Oaths of Office.” The court did, however, limited the injunction, finding no basis to enjoin the defendant from selling raw milk in Pennsylvania.
