Judge Rules Against Farmer in Raw Milk Case

MILLERSBURG, Ohio – A judge has ruled that a state dairy law prohibiting the sale of raw milk does not violate an Amish dairy farmer’s religious beliefs and has ordered him not to sell unlabeled milk from his farm.

Arlie Stutzman, who owns a herd of 27 cows near Mount Hope, appeared in court June 30 to protest a law that he says violates his religious beliefs because it prohibits him from sharing milk he produces with others.

Holmes County Common Pleas Judge Thomas D. White wrote that Stutzman may give his unpasteurized milk away to people in need, but may not accept donations for the milk.

"Calling the compensation for milk a ‘donation’ is clearly a subterfuge to skirt the requirements of the law …," White wrote in his decision filed Friday.

Stutzman lost his dairy license after an undercover agent gave him $2 for a gallon of milk last September. He was cited for selling milk in an unlabeled container. He got a new license in April.

Sales of raw milk are illegal in Ohio and 24 other states.

Organizations such as the U.S. Food and Drug Administration say raw milk contains health risks because it has not been heated to kill bacteria, such as E. coli.

Groups such as the Weston A. Price Foundation, dedicated to restoring nutrient-dense foods to people’s diets, advocate the consumption of raw milk, saying pasteurization diminishes vitamin content and kills beneficial bacteria.