FDA escalates war on Amish dairy farmer Dan Allgyer over raw milk crossing state lines

From Liz Reitzig of the Raw Milk Freedom Riders:

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 Maryland 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.”

Should Stengler sign the motion, the injunction would not ban Allgyer from selling in Pennsylvania, but the Maryland 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.”

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.

“The freedom riders are a group of consumers challenging the FDA’s regulation by engaging in deliberate civil disobedience. They demand the FDA cease prosecuting farmers and consumers for transporting raw milk across state lines,” says the group’s founder, Karine Bouis-Towe.

“The riders have staged two ‘freedom rides,’ on November 1 they took raw milk from Pennsylvania to FDA headquarters in Silver Spring, Maryland, then on December 8 they transported raw milk from Wisconsin to Chicago, Illinois both times distributing the milk. The FDA declined to prosecute in both cases.”

The action against Allgyer is the latest in a string of FDA persecutions of Amish dairy farmers in recent years.


Filed under News

7 responses to “FDA escalates war on Amish dairy farmer Dan Allgyer over raw milk crossing state lines

  1. The only way a pacifist approach can work is if you get a large number of people involved. If you don’t agree look at what happened to the Jew in Germany.

    Without numbers force is the only way to counter the lethal force of the State. i.e. The American Revolutionary War.

  2. Have any of you in the States considered your county sheriff?
    This is the peaceful “get large number of people involved” approach.
    If he won’t protect raw dairy farmers then elect a new sheriff!
    Listen to the 12/19/11 Robert Scott Bell Show
    “Sheriff Richard Mack , author of “The County Sheriff, America’s Last Hope”, kicks off Advanced Medicine Monday with some serious Constitutional remedies for the U.S.! Did you know that your local sheriff has the authority to throw Federal agents who act under color of law out of his jurisdiction? It’s true! This could be the most efficient way to protect our farmers, as Sheriff Brad Rogers recently did in Elkhart, Indiana when the FDA threatened a dairy farmer who dared to sell raw milk!”


  3. aed939

    If Dan is selling to a buying club operating the way our club operates, an injunction against out-of-state sales should not affect him. Our buying club sends a person into PA and buys all milk in-state. If this is how he operated, then he never sold any milk out of state, and he should be able to continue operating as he is. This injunction would apply only if Dan was first transporting milk into MD and subsequently selling it somewhere in MD. I don’t think that’s what he is doing.

  4. Does Dan and others have their land patented and out of the hands of the CORPORATE MATRIX? http://www.mpcfreeandsovereignnations.webs.com. My mentor can help with land patents. All neighbors in all states need to patent their lands and than the easement that is only for travelling to and from each location also belongs to each land owner to the center of the road so what is everyone waiting for and it is only for travelling uses or for any utilities and not for ANY FEDERAL JURISDICTION OF THE DISTRICT OF WASHINGTON DC TO INTERFER on the land for any nation state. THE FEDERAL CORPORATION AND THEIR TERRITORIES ARE AT THE BOTTOM OF THE LIST AND the Flesh and Blood flowing beings are at the top, than below that is the county level (grand jury for the republic), than the state than below that any Federal Republic that is ruled by the checks and balances of the flesh and blood beings at the top. THE FEDERAL LEVEL DOES NOT HAVE JURISDICTION over flesh and blood beings. If you would like my mentor’s contact info please send me your request at brendatheresatedders at yahoo dot com.

  5. He sells Material packets for deprograming and for “What is a Land Patent”, “Understand and Breakdown the Deed of Trust on your Mortgage” and other packages plus he provides assistance for the Secured Party – Creditor Process to become the holder in due course of the Birth Certificate bond exemption account identity.

  6. deen

    May God bless you Dan and your real milk

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