FDA Escalates War Against Amish Dairy Farmers

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FDA Escalates War Against Amish Dairy Farmers

Kinzers PA – The U.S. Food and Drug Administration’s (FDA) apparent war on

Amish raw dairy farmers increased on December 6 when they filed a “motion for

summary judgment,†with Pennsylvania judge Lawrence Stengler asking for a

permanent injunction against dairy farmer Dan Allgyer to forbid him from selling

fresh milk out of state. FDA regulation 21 CFR §1240.61 criminalizes any

selling of milk intended to cross state lines.

After a two year expensive, exhaustive undercover operation, including multiple

armed raids on Allgyer’s farm, FDA agents and a team of ten federal lawyers

amassed over two hundred and seventy-six pages of evidence allegedly proving

what Allgyer openly admits, that he is selling fresh (raw, unpasteurized) milk

to customers who knowingly carry the milk across state lines.

Thousands of land customers who have been buying from Allgyer for years were

the main focus for evidence during the investigation. In spite of the FDA raids

and injunction filing, Allgyer has continued to support his customers’ needs

for fresh milk and other farm foods, citing his God-given inalienable rights.

Like most Amish, Allgyer is reluctant to participant in the legal system, but he

has chosen to respond and his response claims that the FDA action “has created

a serious dilemma†by “violating [his] due process and equal protection

under the law†and he “is prepared to proceed with a public court forum, if

necessary.â€

Should Stengler sign the motion, the injunction would not ban Allgyer from

selling in Pennsylvania, but the land families he supplies would lose their

food source, he would lose his out-of-state business and would be subjected to

strenuous regulation and unannounced, unlimited, unwarranted inspections at his

expense, including costs of travel, food, lodging and per diems for inspectors.

A single inspection could cost up to $10,000.

Allyger’s response argues that the FDA’s action, though classified as a

civil action, is in reality “a quasi-criminal action…because of the severe

sanctions and consequences that could occur as a result of the FDA investigation

and the inspection†and as such “requires prior notice of the offense,

probable cause and official complaint, which is totally lacking in this case.â€

Organizers of the DC area-buying club Grassfed on the Hill, supplied by Allgyer,

helped form the Raw Milk Freedom Riders in support of Allgyer and other farmers

like him.

  

http://rawmilkfreedomriders.wordpress.com/press/fda-escalates-war-against-amish-\

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