FDA seeks injunction against Pa. dairy for producing raw milk

SILVER SPRING, Md., — The U.S. 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.

Complaint

The complaint, filed April 19 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 April 26.

Previous warnings

“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.”

Production

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.