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Dairy Charged with Interstate Raw Milk Sales

By Dan Flynn and Suzanna Schreck

The Rainbow Acres Farm is illegally selling raw milk across state lines for human consumption, the U.S. Food and Drug Administration (FDA) has charged.

FDA used UPS to deliver a "Warning Letter" to the Lancaster County, Pennsylvania farm Tuesday, notifying the owners that an investigation has concluded illegal interstate sales of raw milk are taking place.

Last Feb. 4 when FDA sent two agents to Rainbow Acres, they ended up in an incident on the farm with owner Daniel L. Allgyer.  The FDA agents then found themselves being pulled over by Pennsylvania State Troopers after a trucker they followed from Rainbow Farm called 911.

The Feb. 4 events sparked controversy in Pennsylvania's Amish Country. 

Rainbow Acres, according to Allgyer, is "a small family farm" with the goal "to live in harmony with nature."  At the time of the February FDA "raid," he reportedly told agents that the farm did not sell anything to the public.

FDA says its investigation "has determined that you are causing to be delivered into interstate commerce, selling, or otherwise distributing raw milk in final package form for human consumption."

Kirk Sooter, FDA's Philadelphia district director, said Rainbow Acres is violating the federal Public Health Service Act and various regulations that prohibit the delivery into interstate commerce of milk and milk products in final package form for direct human consumption unless they have been pasteurized.

The letter gives Rainbow Acres 15 working days to let FDA know of the steps it is going to take to correct violations.

Here's how Rainbow Acres advertises its activities on a Website:

"Due to our children still being small we specialize mostly in dairy products, including butter, heavy cream, and raw milk cheese.

"Our herd consists of Jersey and Normande cows, seasonal production. They are 100 [percent] grass-fed.  We also have a limited amount of beef and eggs.

"We farm organically, but are not certified. We strive for high quality products at a reasonable price. Shipping available."

In the February incident, Allgyer reportedly insisted that Joshua Schafer and Deborah Haney, both from FDA, deal with his attorney and declined their request to inspect the farm.  The FDA officers then followed a truck leaving the farm, and its driver called the state police to report someone he did not know was following him.

It was in responding to that call that state troopers briefly apprehended the FDA agents for questioning.

Full post as published by Food Safety News on April 23, 2010 (boomark / email).