“The U.S. Food and Drug Administration’s two-year undercover investigation of a Maryland food club has led a federal District Court judge to impose a permanent injunction against the Pennsylvania Amish farmer who supplied the club with raw milk.
Federal Judge Lawrence Stengel officially issued a permanent injunction last Friday. It prohibits the farmer, Dan Allgyer, from sending raw milk across state lines to supply the Grassfed on the Hill club. It specifically does not affect him making milk available in Pennsylvania, nor does it prohibit him from supplying other food to the Maryland club. But, of course, the club members most of all want their milk, and they are in Maryland, not Pennsylvania. Raw milk can’t be legally sold, or made available via a cowshare, in Maryland.
Judge Stengel gave no credence to the private contractual arrangement between Allgyer, Grassfed on the Hill food club, and a third organization, Right to Choose Healthy Food, which is run by Aajonus Vonderplanitz. At the time the injunction was requested, RTCHF had leased Allgyer’s cows, and the members of Grassfed on the Hill were members of RTCHF, having signed individual agreements and paid annual dues. Members picked up their milk and other food from members who volunteered their homes as drop points.
In his footnotes accompanying the decision, the judge mistakenly labeled the arrangement “a cow share” and stated, “The contract between Mr. Allgyer and persons entering into a cow share agreement is merely a subterfuge to create a transaction disguised as a sale of raw milk to consumers. The practical result of the arrangement is that consumers pay money to Mr. Allgyer and receive raw milk, which is transported across state lines and left at a ‘drop point.’ As such, despite any artful language, the agreement involves the transfer of raw milk for consideration, which constitutes a sale and is lawfully regulated by the FDA.”…”