A raw milk farmer is seeking to sell his products outside Pennsylvania while the state pursues a case against him.
Amos Miller faces irreparable harm to his business if he is not allowed to sell out of state, attorney Robert Barnes said in a March 4 filing.
Modifying the March 1 injunction would respect the state’s interest in protecting its consumers while avoiding the possibility that Pennsylvania is governing interstate commerce, which is under federal jurisdiction, Barnes said.
Raw milk sales should be:
November 23, 2024
Miller has customers in a number of states outside Pennsylvania, despite federal law barring raw milk sales across state lines.
Lancaster County Judge Thomas Sponaugle enjoined Miller from selling raw milk after the state Ag Department and Attorney General’s Office sued in January. The state is seeking to stop Miller from marketing raw milk without a state-required license.
The lawsuit came after officials searched Miller’s Bird-in-Hand farm Jan. 4 after two out-of-state people were sickened by E. coli suspected of coming from Miller’s raw dairy products.
Several consumers from other states traveled to Lancaster to testify on Miller’s behalf at a Feb. 29 court hearing, saying his products have helped them or family members with serious health problems.
Public health authorities say unpasteurized milk poses a health risk and has not been linked to health benefits in medical studies.
In his filing, Barnes also asked that the website millersorganicfarm.com be blocked from promoting the farm’s products. Barnes said the website is not associated with Miller.
On March 11, the state asked for Miller’s preliminary objections in the case to be dismissed, saying they are rife with irrelevant and unsupported claims.
This story was updated to include the March 11 filing.
