Ron paul:talks about fda raids milk farmer

P F Tinmore

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Dec 6, 2009
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According to the complaint the FDA filed in court, the agency began to look into Mr. Allgyer’s farm in late 2009, when an investigator in their Baltimore office used aliases to sign up for a Yahoo user group for Rainbow Acres‘ customers, and began to place orders under the assumed names for unpasteurized milk.

The orders were delivered to private residences in Maryland, where the investigator, whose name was not disclosed in the documents, would pick them up. By crossing state lines the milk became part of interstate commerce, thus subject to the FDA’s ban on interstate sales of raw milk. The court papers note that the jugs of milk were not labeled - another violation of FDA regulations.

Armed with that information, investigators visited the farm in February 2010, but Mr. Allgyer turned them away. They returned two months later with a warrant, U.S. marshals and a state police trooper, arriving at 5 a.m. for what Mr. Allgyer’s backers called a “raid,” but the FDA said was a lawful inspection.

The investigators said they saw coolers labeled with Maryland town names, and the coolers appeared to contain dairy products. The inspection led to an April 20, 2010, letter from FDA telling Mr. Allgyer to stop selling across state lines.

Feds sting Amish farmer selling raw milk locally - Washington Times


He instead formed a club and had customers sign an agreement stating they supported his operation, weren’t trying to entrap the owners, and that they would be shareholders in the farm’s produce, paying only for the farmer’s labor.

Customers hoped that would get around the FDA’s definition of “commerce,” putting the exchange outside of the federal government’s purview.

The FDA investigators continued to take shipments, though, and last week went to court to stop the operation.

Ms. Ward, the FDA spokeswoman, didn’t say exactly why they targeted Mr. Allgyer’s farm, but that violations generally are determined either by FDA investigations or by state-obtained evidence.

Pete Kennedy, president of the Farm-to-Consumer Legal Defense Fund, said undercover stings are not unheard of.

“It happens quite a bit. It’s almost like they treat raw milk as crack. It’s happened in a number of states, and at the federal level,” he said.

His organization has sued to try to halt FDA enforcement, and the case is pending in federal court in Iowa.
 
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