Wisconsin Ag Connection - Raw Milk Cases Being Presented to State Supreme Court

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Raw Milk Cases Being Presented to State Supreme Court
Wisconsin Ag Connection - 10/07/2014

Though it has been decided that selling unpasteurized dairy products in Wisconsin is illegal, advocates for raw milk would like to know what the state's Supreme Court has to say about the public's rights to consume it. A group called Food Freedom USA has reported that petitions for review have been filed with the court in three separate cases involving the legality and constitutionality of farmers that wish to establish contracts with private individuals who want to obtain such products.

Two of the petitions were filed Monday on behalf of dairy farmers Mark and Petra Zinniker of Walworth County and Grassway Organics Farm Store in New Holstein, who's business licenses were both revolked by the state for selling unpasteurized products to customers. A separate petition for Vernon Hershberger was filed back in August. He was the former Amish farmer from Sauk County that was found guilty last year of violating a state hold order placed on his milk products after a raid on his property.

Circuit Court Judge Patrick Fiedler ruled against both the Grassway and Zinniker plaintiffs who separately filed motions for Declaratory Judgement.

Gayle Loiselle, a plaintiff in the Zinniker case, says the Wisconsin appellate court refused to rule on the question of whether people have a fundamental constitutional right to choose what they want to consume.

"The plaintiffs in all three cases, and thousands more seeking fresh food directly from the farm, claim they do have a fundamental constitutional right to choose what they eat, and to choose where that food comes from," Loiselle said. "They also say it's a constitutional right to conduct business directly between farmers and citizens without government interference, and without a middleman, such as food processors or distributors."

The Zinnikers faced penalties from the state when 35 people got sick from drinking unpasteurized milk on their farm in 2009.

The group says proponents of raw milk are asking that Wisconsin statutes and dairy regulations be rewritten to clearly recognize the rights of private individuals and groups to choose to consume cow milk in its pure, unadulterated form, and the rights of farmers to provide it.

Attempts by the state's legislature to legalize the sales of raw dairy products failed twice in the past four years.

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