FDA seeks permanent injunction against Pennsylvania dairy

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SILVER SPRING, Md. -- The Justice Department, at the request of the U.S. Food and Drug Administration, has filed a complaint for permanent injunction against Daniel L. Allgyer, owner of the Rainbow Acres Farm, in Kinzers, Pa., for distributing unpasteurized (or "raw") milk for human consumption in interstate commerce.

The complaint, filed on April 19, 2011, in U.S. District Court for the Eastern District of Pennsylvania, also alleges that Allgyer violated federal law by misbranding the "raw" milk containers by failing to provide the label information required by law. Defendant Allgyer was served with the complaint earlier today.

Raw milk can contain a wide variety of harmful bacteria, including Listeria, E.coli, Salmonella, Campylobacter, Yersinia, and Brucella.  

"Drinking raw milk is dangerous and shouldn't be consumed under any circumstances," said Dara A. Corrigan, FDA's associate commissioner for regulatory affairs. "FDA has warned the defendant on multiple occasions that introducing raw milk into interstate commerce is in violation of Federal law."

FDA investigators determined during an inspection of Rainbow Acres Farm that the farm was producing, packaging, selling, and distributing unpasteurized and unlabeled milk for human consumption in interstate commerce.

The FDA issued a Warning Letter to Allgyer on April 20, 2010, informing him of the violations and stating that regulatory action might be taken. The farm has continued to operate in violation of federal law.  

If the court grants an injunction, Allgyer may be prohibited from distributing unpasteurized milk and milk products for human consumption in interstate commerce.  

For more information:

The Dangers of Raw Milk: Unpasteurized Milk Can Pose a Serious Health Risk

http://www.fda.gov/Food/ResourcesForYou/Consumers/ucm079516.htm

Rainbow Acres Farm Warning Letter http://www.fda.gov/ICECI/EnforcementActions/WarningLetters/ucm209276.htm

The FDA, an agency within the U.S. Department of Health and Human Services, protects the public health by assuring the safety, effectiveness, and security of human and veterinary drugs, vaccines and other biological products for human use, and medical devices. The agency also is responsible for the safety and security of our nation's food supply, cosmetics, dietary supplements, products that give off electronic radiation, and for regulating tobacco products.

Media Inquiries: Tamara Ward, 301-796-7567, Tamara.Ward@fda.hhs.gov

Consumer Inquiries: 888-INFO-FDA

Source: U.S. Food and Drug Administration



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JIM TATE    
BEAVERDAM, VA.  |  April, 27, 2011 at 10:34 AM

IT IS SO DANGEROUS THAT A YEAR LAPSE BETWEEN THE ORIGINAL NOTIFICATION AND THE VIOLATION LETTER IS AN ACCEPTABLE TIME PERIOD. HOW DID MANKIND EVER SURVIVE PRIOR TO HAVING THE US GOVERNEMNT?

Ron Meyer    
ohio  |  April, 27, 2011 at 03:13 PM

I drank raw milk right out of the milk tank all my life. There is nothing wrong with raw milk. If the farmer keeps his equipment clean, he should not have any problems. FDA is run by a bunch of over educated people who think they know what is best for the consumer. If these people want to drink raw milk, let them drink it.

Steve    
WI  |  April, 27, 2011 at 07:18 PM

I and my family have drunk milk from or tank for our whole lives, 48 years and have not had problems. How many things has the government said were safe and then later on changed there mind. I for one do not have much faith in the government telling me what is safe and what is good for me!


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