FDA Seeks Injunction Against Dairy

US - The Justice Department, at the request of the US Food and Drug Administration, has filed a complaint for permanent injunction against Daniel L. Allgyer, owner of the Rainbow Acres Farm, in Kinzers, Pennsylvania, for distributing unpasteurised (or 'raw') milk for human consumption in interstate commerce.
calendar icon 28 April 2011
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The complaint, filed on 19 April 2011, in US District Court for the Eastern District of Pennsylvania, also alleges that Allgyer violated federal law by misbranding the ‘raw’ milk containers by failing to provide the label information required by law. Defendant Allgyer was served with the complaint yesterday.

Raw milk can contain a wide variety of harmful bacteria, including Listeria, E.coli, Salmonella, Campylobacter, Yersinia and Brucella.

"Drinking raw milk is dangerous and shouldn't be consumed under any circumstances," said Dara A. Corrigan, FDA's associate commissioner for regulatory affairs. "FDA has warned the defendant on multiple occasions that introducing raw milk into interstate commerce is in violation of Federal law."

FDA investigators determined during an inspection of Rainbow Acres Farm that the farm was producing, packaging, selling, and distributing unpasteurised and unlabelled milk for human consumption in interstate commerce.

The FDA issued a Warning Letter to Allgyer on 20 April 2010, informing him of the violations and stating that regulatory action might be taken. The farm has continued to operate in violation of federal law.

If the court grants an injunction, Mr Allgyer may be prohibited from distributing unpasteurised milk and milk products for human consumption in interstate commerce.

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