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Ohio Firm Loses Challenge Over Wisconsin's 1953 Butter Law
Wisconsin Ag Connection - 02/07/2018

A federal judge has dismissed a lawsuit against Wisconsin's six-decade old law that requires all butter sold in the state be tested and graded by state-approved inspectors. On Monday, U.S. District Judge James Peterson ruled that the state holds the right to require grade labels on certain products in order to retain and guarantee quality.

Last year, the Ohio-based Minerva Dairy filed the suit in U.S. District Court in Madison claiming that Wisconsin's ban on the sale of ungraded butter is 'unconstitutional' because it protects large Wisconsin-based dairies.

Another pending lawsuit filed by the Irish-based Kerrygold Company attempts to allow their products be sold in the Dairy State.

As the law is currently written, anyone convicted of selling unlabeled or ungraded butter could face fines of up to $1,000 and spend six months in jail.

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