Raw Milk Consumers Win Round One - Judge Refuses to Dismiss Challenge to FDA's Interstate Ban on Raw Milk

Date:   8/23/2010 2:59:56 AM ( 14 y ago)

"In a complex federal district court ruling, Judge Mark W. Bennett ... sees the citizen petition as a way to resolve the question of whether the plaintiff’s conduct involves or affects 'interstate commerce' sufficiently to fall within the proscriptions of § 1240.61, and, still more specifically, whether the plaintiffs’ conduct constitutes 'delivery [of raw dairy products] into interstate commerce' or 'distribution' of raw dairy products after shipment in interstate commerce."

These are good questions! It seems to me that we all need to get very clear about what commerce is and what it isn't, Very simply stated is the private purchase of food by a private consumer an act of commerce? If no Fundamental Law can be found that answers that question with a positive yes then does that same act transform itself into an act of commerce when the same buyer crosses state lines?



http://www.ftcldf.org/press/press-FDA-lawsuit-round-one.htm



 

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