Pasteurization is a safeguard against potentially deadly avian influenza, so raw milk has never been more dangerous than it is now.
But today, Pennsylvania’s state appellate court will consider whether the infamous Amos Miller can sell raw milk to out-of-state customers. Miller has a court order prohibiting him from selling raw milk in Pennsylvania. Federal law prohibits the sale of unpasteurized raw milk across state lines.
On January 23, the Pennsylvania Department of Agriculture cited Miller’s business as not being registered with the state, not having a license to sell raw milk, and reporting violations of other Pennsylvania agricultural laws. A civil suit was filed in Lancaster County Court. .
Miller’s lawyers then argued that Pennsylvania could only ban raw milk sales within the state, not outside the state.
They argued that failing to do so could harm Mr. Miller’s out-of-state business and could harm his customers.
Judge Thomas Sponaugle essentially ruled in Miller’s favor because he found the state’s law book was ambiguous on the issue. The state Department of Agriculture is seeking appellate court review today. The department argues that banning out-of-state sales protects Pennsylvania’s economy.
Miller’s difficulty complying with food safety laws and procedures, including meat regulations, first surfaced in 2016 when a federal laboratory linked his raw milk to Listeria monocytogenes, which was responsible for at least one death. He remained under federal court jurisdiction until mid-2023.
A search warrant was executed on the Miller farm on January 4, and a subsequent local poll found that 85.3% of people believed Miller was subject to “government overreach.”
Just as he did in federal court, Miller is using his notoriety to raise money for his cause. Since January, his GiveSendGo campaign has raised $306.212
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