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Summer 2011 issue for background). In a memorandum opinion accompanying the order, Stengel found that Allgyer
sold raw milk to members of Grassfed On The Hill, a food buyers club, at various distribution points in Maryland and
the District of Columbia in violation of federal labeling laws (the milk containers Allgyer distributed were unlabeled)
and the federal regulation prohibiting raw milk and raw milk products (other than raw cheese aged at least sixty days)
in interstate commerce.
In his opinion the judge took a broad view of what constituted interstate commerce, stating, “the purchase of raw
milk by one who traveled between states to obtain it, or traveled between states before consuming it or sharing it friends
or family members implicates commerce….” Similar to other rulings in recent food rights cases, Judge Stengel refused to
recognize the distinction between public and private distribution, rejecting the argument that the sale of milk through
a private membership association cannot be regulated by FDA.
Among other terms of the judge’s order, Allgyer was required to keep a customer list of all people to whom he
sold raw milk (under the injunction the farmer could still sell raw milk within the state of Pennsylvania); to this list, FDA
was to have immediate access upon the agency’s request. FDA unsuccessfully sought for the order to include giving
the agency the power to conduct unlimited inspections of Allgyer’s farm and to be paid for the inspections and other
work monitoring Allgyer’s business operation at rates of up to over one hundred dollars per hour. Judge Stengel held
that these requirements were not necessary since the violations in the case did not involve adulterated food.
Shortly after the judge ordered the injunction, the Allgyer family made the decision to close their farm, shutting
down a dairy that had benefited the health of hundreds of families without a single accusation that raw milk produced
by the farm had ever made anyone sick. FDA’s investigation of Allgyer is further evidence that its agenda has little to do
with protecting the public health. FDA is more interested in prosecuting raw milk producers than it is in holding com-
panies like Wright County Egg and Peanut Corporation of America accountable for their actions. The agency’s misuse
of taxpayer money in attacking freedom of food choice is becoming more obvious all the time.

MINNESOTA – ALVIN SCHLANGEN
On August 2, 2011 Alvin Schlangen, a poultry farmer and manager of the Freedom Farms Coop, was charged with
four criminal misdemeanor counts for violating state food and dairy laws. The charges were selling milk that wasn’t pas-
teurized, selling milk that wasn’t properly labeled, selling food without a food handler’s permit and selling and delivering
adulterated or misbranded food.
Freedom Farms Coop leased a herd of dairy cows from a farmer in the state; Schlangen delivered raw milk pro-
duced by the herd as well as raw milk products to the members of the coop. According to the Minnesota Department
of Agriculture (MDA) raw milk could only be obtained by consumers at the farm, it could not be delivered to them;
only pasteurized milk could be legally delivered. In MDA’s view delivering raw milk was also a violation of both the milk
labeling statute and the law prohibiting the delivery of misbranded food. Aside from the raw dairy products, Schlangen
delivered to the coop members other products such as meat and produce as well. The department’s position was that
he needed a permit to do so even though the farmer does not distribute any food to the general public. Under the Min-
nesota Constitution any products grown and cultivated on the farm don’t require a permit (in Schlangen’s case, poultry
and eggs); with regard to any foods not grown on the farm, the department made no distinction between public and
private.
Prior to the charges being filed against Schlangen, MDA raided the farmer three different times. On June 15, 2010,
the department conducted a warrantless search of space Schlangen rented at the Traditional Foods Warehouse in Min-
neapolis embargoing all the food he stored at the facility. The following week on June 23, MDA raided Schlangen’s
farm in Freeport, again embargoing all food it found on the premises. On March 9, 2011 Schlangen was stopped by St.
Paul police while making a delivery in that city and had his truck towed to MDA headquarters. Almost all the food in
the truck was seized and embargoed by the department. That same day the department raided the Traditional Foods
Warehouse facility again seizing all the food stored there by Schlangen (see Wise Traditions Summer 2011 issue).
The state’s enforcement actions against Schlangen haven’t moved the courageous farmer to back down at all against
MDA. He remains committed to providing quality food to the members of Freedom Farms Coop. His trial is set for May
14; if there is justice, MDA’s police state tactics will be on trial as well.

PENNSYLVANIA – THE FAMILY COW
On January 27 the Pennsylvania Department of Health (PDH) issued a press release advising consumers who pur-
chased raw milk produced by the Family Cow dairy in Chambersburg that “the department confirmed three cases in
Maryland, all of whom consumed raw milk from this farm.” Three weeks later the number of confirmed campylobacter
infections had increased to seventy-seven.

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