An appeals court has ruled that Pennsylvania farmer Amos Miller can continue selling unpasteurized, raw milk outside of state lines. The ruling says the sales can continue while Pennsylvania pursues a suit against the farmer, who is based in Bird-in-Hand, PA. Commonwealth Court Judge Stacy Wallace said in the appeals ruling that Miller faces substantial harm to his business if he is blocked from out-of-state sales while the case proceeds.
The attorney general’s office had argued that if the court holds that the U.S. Constitution’s commerce clause prevents Pennsylvania from regulating the milk produced and sold from within its borders, other states would be forced to erect trade barriers contrary to the intent of the commerce clause.
The decision does not address the merits of the state Agricultural Department’s case, though Wallace found the trial court reasonable in determining the state’s milk law is ambiguous on the ability to regulate out-of-state sales. Miller’s difficulty with complying with food safety laws and procedures, including meat regulation, first surfaced in 2016 when federal laboratories linked his raw milk to Listeria bacteria responsible for at least one death. He remained under federal court jurisdiction until mid-2023.
State Judge Thomas Sponaugle’s March 1, 2024, order said that all Miller has to do to resolve his legal troubles is apply for a state raw milk permit and commit to the testing and documentation routinely practiced by the 114 raw.
