Amish farmer busted for selling raw milk

Amish farmer says milk law opposes beliefs.

MOUNT HOPE, Ohio - Arlie Stutzman was busted in a rare sting when an undercover agent bought raw milk from the Amish dairy farmer in an unlabeled container.

Now, Stutzman is fighting the law that forbids the sale of raw milk, saying he believes it violates his religious beliefs because it prohibits him from sharing the milk he produces with others.

"While I can and I have food, I'll share it," said Stutzman, who is due in Holmes County Common Pleas Court on Friday to tell a judge his views. "Do unto others what you would have others do unto you."

In all fairness, I would like to explain a few of the factors that might explain why the Ohio DOA is strictly enforcing the laws regarding the sale of raw milk.

For the record, my father-in-law had a 60 head dairy operation in Richland Co., Ohio up until three years ago when his partner (brother) died. Also, I have likely met Mr. Stutzman as we used to sell Holstein calves at the Mt. Hope auction.

The Ohio DOA came under a lot of fire for banning raw milk sales when 25 cases of salmonella poisoning were linked to Young's Jersey Dairy in Yellow Springs, OH in late 2002.

http://www.ysnews.com/stories/2003/january/012303_youngs.html

After that incident, the state DOA notified milk producers as to all the regulations on the sale of raw milk.

Most Ohio dairy farmers don't sell raw milk or limit it to family consumption in order to avoid liability. Young's had a pretty good reputation for being a clean dairy so it gave a scare to a lot of the smaller guys.

Stutzman's claim of religious freedom to sell raw milk will likely not be upheld. Many of the Ohio courts have consistently held that the state may establish regulations that promote public health and safety. For example, many counties and municipalities require Amish buggies to be fitted with reflectors AND the orange triangle (slow moving vehicle) when on a public thoroughfare.

jlawrence01 wrote:Stutzman's claim of religious freedom to sell raw milk will likely not be upheld. Many of the Ohio courts have consistently held that the state may establish regulations that promote public health and safety. For example, many counties and municipalities require Amish buggies to be fitted with reflectors AND the orange triangle (slow moving vehicle) when on a public thoroughfare.

Yes, but the buggie example doesn't restrict them from doing something, it just requires them to tack on some orange plastic. In this case he can't comply with the regulation because it violates his religious belief. That's not the case with the reflectors.

Regardless it strikes me as something that a federal court would eventually decide, it being a first amendment issue and all.

Any idea what religious belief is being violated by a prohibition against selling raw milk?

Well, that's a good point. He can certainly pasteurize it without machinery. Assuming the state of ohio's regulations permit that method..

Gleam,

My point was that there is a tendancy in the Amish communities to cry "religious freedom" whenever a local municipality enforces a law - like the reflectors - that impacts the Amish in any way.

The Amish elders strenuously resisted the orange triangle claiming that such decoration on a buggy violated their rights to a simple lifestyle (and an unadorned buggy). They held this position despite a number of car- buggy accidents in Holmes and adjoining counties in Ohio. (Realize that we are not talking Illinois flatland. Most of the terrain in that area are rolling hills and hard to see a buggy until you are close.

Ohio has a compelling interest in ensuring the safety of the food supply.

Salon has a new article:

The udder truth

Raw milk really is a wonder tonic, say devotees, who meet secretly to buy it and swear it reverses chronic diseases. But is it safe to drink? The official word: No.