Judge rules Lancaster County farmer Amos Miller can sell out-of-state
LANCASTER COUNTY, Pa. (WHTM)– A judge on Friday struck down a request by the Pennsylvania Department of Ag. trying to prevent Lancaster County farmer Amos Miller from selling his product out-of-state.
Judge Thomas Sponaugle wrote in an order that the Pennsylvania law which regulated milk sales is for the Commonwealth and that does not apply to Miller selling out-of-state.
“While Plaintiff may be correct that the Pennsylvania General Assembly meant to prevent any sales of raw milk without a permit to both in Commonwealth and out of Commonwealth buyers, Pennsylvania law regulating milk sales references within the Commonwealth… at the same time other applicable regulations do not indicate ‘within the Commonwealth’,” Sponaugle wrote.
The Department of Ag. recently requested the court to extend an injunction that was filed in March that would have prevented Miller from selling his products to anyone, regardless of location.
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Sponaugle also wrote that the court will not “blur the line” regarding raw milk sales in Pennsylvania and out-of-state.
Miller’s Organic Farm, located at 648 Mill Creek Road in Bird-in-Hand, was raided in early January by the state’s Agriculture Department officials after two food-borne illnesses, one in Michigan and another in New York, were reported to have originated from Miller’s products. Later in the month, he was sued by the Department of Ag. for selling his product out of state when he was not licensed to do so.
Previous coverage of Amos Miller
Lancaster County farmer Amos Miller asks court to let him sell raw milk products out-of-state
Judge makes ruling in Lancaster County farmer’s raw milk case
AG: Lawsuit filed against Lancaster County farm for state food law violations
Lancaster County farm raid linked to illegal raw milk, dairy products after illness; Ag. Dept.
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