Because pasteurization is the defense against potentially deadly avian flu,  it can be argued that raw milk has never been more dangerous than now.

But today, a state appeals court in Pennsylvania will hear whether the infamous Amos Miller should be able to sell raw milk to out-of-state customers. Miller is under a court order prohibiting selling raw milk in Pennsylvania. Federal law prohibits the sale of raw, unpasteurized milk across state lines.

The Pennsylvania Department of Agriculture last Jan. 23 filed a civil action against Miller in Lancaster County Court because his business was not registered with the state, because he did not have a permit to sell raw milk, and for reported violations of other Pennsylvania agriculture statutes.

Miller’s attorneys then argued that Pennsylvania could only prohibit raw milk sales within.the state, but not out-of-state sales.

They argued Miller’s out-of-state business could otherwise be harmed as would his customers.

Judge Thomas Sponaugle essentially ruled for Miller because he found the state’s law book ambiguous on the issue. The state Agriculture Department is seeking today’s appellate court review. The department argues that prohibiting out-of-state sales protects Pennsylvania’s economy.

Miller’s difficulty with complying with food safety laws and procedures, including meat regulation, first surfaced in 2016 when federal laboratories linked his raw milk to Listeria bacteria responsible for at least one death. He remained under federal court jurisdiction until mid-2023.

A search warrant was executed at Miller Farm on Jan. 4, after which a local poll found that 85.3 percent thought Miller was  subject to “government overreach.”

Just as he did when he was in federal court, Miller uses his notoriety to raise money for his cause. Since January, his GiveSendGo campaign has raised $306.212

(To sign up for a free subscription to Food Safety News, click here.).