Amish farmer Amos Miller of Miller’s Organic Farm in Bird-in-Hand, Pennsylvania will not be blocked from distributing his food over state lines, but he cannot send food within his home state of Pennsylvania.
Jurisdiction over raw milk sales
Raw milk, or unpasteurized milk, is regulated at the state level. While raw milk is not illegal to consume anywhere, each state in the US has its own laws regarding sales and distribution. Some states allow for Grade A raw milk retail sales, other states only allow raw milk to be sold through animal feed licensing, other states forbid legal distribution completely.
The federal government, through its administrative agencies, the FDA and the USDA, regulates interstate sales of food products. Interstate sales occur when the producer is based in one state, while the customer is purchasing from another state. Federal institutions do not regulate raw milk produced and consumed within the state.
Food club under the microscope
Miller’s Organic Farm is a private membership association, or food club, which only distributes to members who have signed an agreement to enter the food club and paid an entry fee. Food sales are not open to the general public.
Since 2016, Miller’s Organic Farm has been in legal trouble with the federal government. It was claimed that listeria from Amos Miller’s farm had sickened multiple people and contributed to the death of an older gentleman with preexisting health complications. This was unproven, though heavily reported, so his food club continued on. In 2022, The USDA took issue with his distribution of meat produced and sold within his food club.
While his original strategy was composed of sovereign citizen-esque arguments, a known losing strategy, Amos Miller has since secured legal representation and is faring much better. Much of what’s going on is rooted in The USDA feeling disrespected.
Earlier this year, he faced a blockade of his products due to a suspected listeria outbreak, and now he finds himself blocked for in-state, but not out-of-state, distribution.
For the most up-to-date info on Amos Miller, and the press release making this distinction, check his fundraising page.
Miller’s attorney states that internal document’s of The United States Department of Agriculture reveal agents laughing about putting the farmer in prison, not a good look, but federal judges have not been enthusiastic about shutting down this artisan food club. The federal government is allowing his food club down in their jurisdiction: interstate commerce.
The Feds are cool with it, the state is not
Raw milk consumption is not advised by The FDA, but they don’t really do much of anything. Neither does The USDA, though their agents put his food under blockade, this blockade was reversed by a federal judge rather quickly. From The FDA:
With respect to the interstate sale and distribution of raw milk, the FDA has never taken, nor does it intend to take, enforcement action against an individual who purchased and transported raw milk across state lines solely for his or her own personal consumption.
Pennsylvania is the only government blocking his sales, but the federal government isn’t stopping him from shipping to members nationwide.
While regional monopolists and the various local levels of government may poke their heads in for legit or non-legit reasons, some states are worse than others, the feds have been the least of our problems. Whims of The USDA aside, this federal judge is effectively saying, “take it up with your state, but we won’t stand in your way.”
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