Anyway, he is not selling across state lines. A customer shows up, buys milk. Is he supposed to require proof of local residency before selling to them? What business does that?

If transporting milk across state lines is illegal (WTF?), it's the individual customers who are doing it.

As usual, a federal bureaucracy out of control...

Unpasteurized milk is a gateway dairy product.

Unpasteurized milk today to a respectable citizen and tomorrow we'll have ... unemployed dirty junkies living on the curb downing garage lab homemade Orange Julius WITH raw egg.

Oy!

We can't let people drink unpasteurized whole milk.
Once you do, you will realize what they told you was milk, was really...not really milk at all.
Of course, this would upset the way government has a hand in fixing milk prices so 'small' dairy farmers don't lose money. And I have a bridge or two in NYC I'll sell ya.

"If transporting milk across state lines is illegal (WTF?), it's the individual customers who are doing it."

And here's the problem - the law is written wrong.

That's it - that's how simple it is.

The law was written to prevent commercial distribution without consumer protection. It is, after all, very easy to poison someone you don't know with improperly-handled milk. The law recognizes that "straw men" purchases in bulk could be made - "Yes, officer, this thousand gallons is for my family. See? I have a receipt."

So the solution is awesomely simple - ensure that the law says you can't resell it.

But, of course, if no one gets votes for this action, the liklihood of its getting done is low.

And you can't have a container garden in Sarasota, FL either...
http://www.heraldtribune.com/article/20111220/COLUMNIST/111229953

And the whole Rawesome Foods thing from earlier this year...

Thankfully, the government doesn't have other things to worry about (like molesting us at airports?).

The real benefit of pasteurized milk is shelf-life. Without treatment, milk must be consumed almost immediately. Pasteurization makes the mass production and sale of milk possible. If you want unpasteurized milk, you are going to have trouble with spoilage.

With regards to which: "Most people who drink spoiled milk immediately identify the "off" taste and spit it out. But young children who may not know better may drink the milk. If ingested, spoiled milk will affect a child as any other food poisoning."

Spoiled milk is no more or less dangerous than spoilage in other types of food, such as meat. The only difference with milk is that it may be fed to babies and very small children. Of course, any responsible parent will make sure that the milk is still good before giving it to their child. Criminalizing the sale of milk (in any form) is just bizarre.

Of course, it keeps more bureaucrats employed, which is probably the real motivation. Justified, of course, with the words "think of the children!"

I hope he demands a jury trial. This sounds like a good opportunity for jury nullification.

While I don't defend the government's action in this case I'd like to point out that there is a really good reason that milk is pasteurized, i.e., preventing unnecessary death.

Google brucellosis. I'd rather drink pasteurized milk than trust that a dairy is using fastidious hygiene.

Out of curiosity, Amy, what do you think of government mandated vaccination of children.

DrM - try searching for Amy's position. It'll take a few days to read her thoughts if you also read the comments. She has not been silent on vaccinations.

Raw milk is fantastic. Here in Texas it's legal, but the cows have to be TB tested (and a few other diseases too) daily. Yep-daily. You are safer drinking raw milk than store-bought here. Of course, that means it costs $8 or $9 a gallon as opposed to $2.99.

It actually lasts a long time when refridgerated, and turns to buttermilk as it sours, it doesn't go "bad" like store milk.

"They sell unpasteurized milk and cheese in France - nobody's dying."

Bzzzt! Variation on the "two wrongs" fallacy. To compare this properly, you must show the distribution network and the average time between collection and consumption are similar between the USA and France. It seems at first glance that The USA has longer transportation times. If not, please advise!

Also - what does a pint cost, USA vs France?

Bzzzt! Variation on the "two wrongs" fallacy. To compare this properly, you must show the distribution network and the average time between collection and consumption are similar between the USA and France. It seems at first glance that The USA has longer transportation times. If not, please advise! -- Radwaste at December 25, 2011 6:54 AM

Rad,

You're missing the point. No one is saying that the general requirement for pasteurized milk as sold in your grocery store is wrong.

The argument is that for those who want to take the "risk" of buying raw milk and cheese is being prohibited.

Such as the Wisconsin ruling by Judge Patrick J. Fiedler with his statement

"no, Plaintiffs do not have a fundamental right to own and use a dairy cow or a dairy herd;"

The equivalent statement would be you have every right to raise cherry tomato plants on your balcony, but you have no right to eat those cherry tomatoes without having them inspected by the government.