Ruling in federal raw milk case may boost producer sales

06Apr2012
By

By Matt Kelley
Nebraska Radio Network

Nebraskans who sell raw milk may see a boost in out-of-state business.

A federal judge in Sioux City, Iowa, has thrown out a lawsuit against the U.S. Food and Drug Administration’s ban on bringing unpasteurized raw milk across state lines.

Still, a lawyer for two Iowans involved in the case says he’s still pleased with the outcome. Attorney Garry Davis of Columbus, Ohio, says the case clears up some of the rules for people who buy raw milk.

“We lost the battle but we won the war. Our case was dismissed, by now we have FDA on record and we have a judge agreeing with FDA that this regulation is unenforceable, and FDA has no intention of enforcing it against an individual,” according to Davis.

The agency told the judge it is focusing enforcement of the interstate ban on distributors and producers, not individuals who buy the raw milk for their personal use.

The suit included two Iowa women, Laurie Donnelly of Sloan and Jennifer Allen of Council Bluffs. Raw milk sales are illegal in Iowa.

Davis says the federal agency’s statement is a win for Donnelly, Allen, and others who want raw milk but can’t legally buy it in Iowa.

“So those people in Iowa can go to Nebraska — where it’s legal to buy and sell raw milk — they can buy raw milk in Nebraska and then go back into Iowa and consume it in Iowa, and they will not be sued by FDA,” Davis explains.

The FDA says unpasteurized milk is unsafe because of the potential for exposure to dangerous bacteria. Advocates say they prefer its flavor and believe it offers health benefits.

Related:

Raw Milk Facts
Where to find raw milk

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One Response to Ruling in federal raw milk case may boost producer sales

  1. Mary Finean on 06Apr2012 at 7:21 pm

    Unpasturised milk contains antibiotics which nature provides to protect the young calf. They are especially potent just after the calf has been born at that time the milk is known as “Beastings” by Country folk in Britain. It were sought from neighbours with a cow who had recently calved, as a cure for illness of maany kinds.
    I had personal experience of the potency of my own breast milk. One of my children had an eye infection due to a small scratch from the nurses nail when she coped with a rether fast delivery. It was getting worse over the 10 days the doctor visited. He finally decided it would have to be operated on “When the baby was a few months old”.
    An elderly neighbour vited that evening and advised washing the eye with my own milk. This was done at 4am & 8am. The doctor arrived at 10am to find the eye completely healed. No operation was required.

    Best wishes to all.
    Mary

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