Wisconsin, Nation wait for critical milk ruling
Madison- A judge here in
Dane County Circuit Judge Patrick Fiedler is scheduled to rule on a case today involving Grassway Organic Farm’s claim that the state has no right to stop them from selling raw milk to customers who have become part-owners of the farm.
Industry insiders think that the judge will wait to see the 'Farm to Consumer' Legal Defense Fund's response to the FDA's motion to dismiss. The Fund filed a suit for declaratory and injunctive relief against the FDA's ban on interstate sale of raw milk in a separate case in federal court in
The Farm-to-Consumer Legal Defense Fund filed suit against the U.S. Food and Drug Administration (FDA) and its parent agency, Health and Human Services (HHS), claiming that FDA's regulation banning the interstate transport of raw milk and raw dairy products for direct human consumption constitutes violations of the United States Constitution and federal law. FDA filed a motion to dismiss, arguing that there is no fundamental right to travel across state lines with raw milk in one's possession, and that there is no fundamental right to consume the food of one's choice or to give one's family members the food of one's choice.
Once the matter is fully briefed to the court, a decision will be issued on whether the Fund's case should or should not be dismissed. The Fund lawyers think the case won't be dismissed and that the next phase of the case will go forward.