The Commonwealth Court of Pennsylvania last week ruled that Amos and Rebecca Miller, farmers who produce raw milk, may continue to sell raw milk outside the state while a lawsuit filed by the state against them moves through the courts.
The court’s ruling upheld a March 2024 decision by a Lancaster County trial court, which concluded that the Millers were not clearly violating Pennsylvania statutes by selling their raw milk products outside Pennsylvania.
That court previously issued a preliminary injunction that completely blocked the Millers from selling raw milk. However, the court later modified the injunction, limiting it to blocking Millers’ raw sales only within Pennsylvania.
The Commonwealth Court also acknowledged that the Millers raised “potentially meritorious constitutional challenges” to Pennsylvania’s Milk Sanitation Law. These challenges involve the Commerce Clause, the Supremacy Clause, the right to travel, and the fundamental right to purchase “traditional foods directly from the producer of that food.”
Robert Barnes, the Millers’ attorney, celebrated the decision on X, formerly Twitter, calling it a “big win” for food freedom.
Hellbound and Down 