News Release: FDA Seeks Permanent Injunction Against Pennsylvania Dairy
By U. S. Food and Drug Administration
Rainbow Acres distributed raw milk in violation of federal law
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 Allyger 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, Allyger may be prohibited from distributing unpasteurized milk and milk products for human consumption in interstate commerce.
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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.
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