Appeals court says Amos Miller can sell raw milk across state lines

An appeals court has ruled that Pennsylvania farmer Amos Miller can continue selling unpasteurized, raw milk outside of state lines.

The ruling says the sales can continue while Pennsylvania pursues a suit against the farmer, who is based in Bird-in-Hand, PA.

Commonwealth Court Judge Stacy Wallace said in the appeals ruling that Miller faces substantial harm to his business if he is blocked from out-of-state sales while the case proceeds.

The attorney general’s office had argued that if the court holds that the U.S. Constitution’s commerce clause prevents Pennsylvania from regulating the milk produced and sold from within its borders, other states would be forced to erect trade barriers contrary to the intent of the commerce clause.

The decision does not address the merits of the state Agricultural Department’s case, though Wallace found the trial court reasonable in determining the state’s milk law is ambiguous on the ability to regulate out-of-state sales.

Miller’s difficulty with complying with food safety laws and procedures, including meat regulation, first surfaced in 2016 when federal laboratories linked his raw milk to Listeria bacteria responsible for at least one death. He remained under federal court jurisdiction until mid-2023.

State Judge Thomas Sponaugle’s March 1, 2024, order said that all Miller has to do to resolve his legal troubles is apply for a state raw milk permit and commit to the testing and documentation routinely practiced by the 114 raw milk dairies that already legally operate in Pennsylvania.

The state agricultural department brought suit against Miller in January 2024 to stop him from selling raw milk products without a permit. The agency also searched his farm after two out-of-state children were reported to have been sickened by E. coli from the farm’s raw dairy products.

It is against federal law to sell raw, unpasteurized milk across state lines.

Common Pleas Judge Thomas Sponaugle granted a preliminary injunction against Miller in March 2024, then limited it to out-of-state sales after Miller’s attorney, Robert Barnes, objected.

Barnes said state regulation of out-of-state milk sales would intrude on federal jurisdiction over interstate commerce.

Miller remains blocked from selling raw milk within Pennsylvania because he has not secured a state permit. Miller refuses to get a permit saying it would limit the variety of raw milk products he could produce.

Just as he did when he was in federal court, Miller uses his notoriety to raise money for his cause. Since January 2024, his GiveSendGo campaign has raised more than $300,000.

(To sign up for a free subscription to Food Safety News,click here)