In the minds of attorneys for the U.S. Food and Drug Administration, it's illegal to ship raw milk products for human consumption across state lines. In fact, FDA prohibits such milk in interstate commerce.
But last week, attorneys for the Farm-to-Consumer Legal Defense Fund challenged the federal ban as unconstitutional and outside FDA's statutory authority. FCLDF filed suit against the U.S. Department of Health and Human Services and FDS.
The federal court challenge centers around a late 2008 citizen petition by Mark McAfee, owner of the Organic Pastures Dairy Company of Fresno, Calif. McAfee had petitioned FDA to allow interstate shipments. FDA did not respond, although it was legally required to do so. In California, Arizona and Nevada, it is legal to sell and distribute unpasteurized dairy products for human consumption.
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