The Pennsylvania government is demanding that Amos Miller stop providing raw milk and other dairy products to members of his private buying club.
In addition to an extension of the detainment order affecting hundreds of food items (dairy and non-dairy) at Miller’s Organic Farm in Bird-in-Hand, Pennsylvania, the state is also interfering in Miller’s business by forbidding him from selling any dairy products to his customers.
According to a Jan. 19 e-mail sent from Miller’s Organic Farm to members of the farm’s private buying club, a government order relating to dairy products was recently issued.
“We have received a letter from the State of Pennsylvania demanding that we stop providing our members with raw milk products,” the e-mail from Miller’s Organic Farm said. “We disagree with their right to demand this, and our legal team is working aggressively to resolve this situation.”
The e-mail states that all the farm’s “dairy products will not be available, including yogurts, cheeses, kefir, ice cream, butter, smoothies, cottage cheese, colostrum, cream, probiotic drinks, and milk.”
“This is going to take a significant toll on our farm financially. If you would like to make a contribution to help keep us running during this shutdown, please visit www.givesendgo.com/supportamosmiller,” the e-mail states. “And if you are a person of faith, please pray for us.”
The recent letter regarding dairy products is separate from the detainment order originally issued on Jan. 4 – an order which forbade Miller from selling, delivering, consigning, or offering for sale large portions of his inventory, including “raw meats, raw milk products, ice cream, and cheese.” On Jan. 11, the state extended that detainment order.
The state of Pennsylvania has been targeting Miller since at least 2016, when state agents accessed Miller’s farm store, but “were eventually asked to leave when they did not have a search warrant,” according to an affidavit of probable cause completed by Sheri Morris, Acting Bureau Director of Food Safety with the Pennsylvania Department of Agriculture.
The latest allegations against Miller include the claim that an underage individual who was recently tested positive for STEC (Shiga toxin producing E. coli) had “reportedly” consumed egg nog from Miller’s Organic Farm.
(The claim, being spread online, that Miller’s milk killed someone has been exposed as specious.)
Shannon Powers, press secretary with the Pennsylvania Department of Agriculture told The Lancaster Patriot that the test results of the products seized from Miller’s farm during the Jan. 4 raid are part of an ongoing investigation and she could not provide immediate information on the results. “I will get back to you regarding test results,” Powers said in an e-mail on Jan. 16.
Miller: ‘Our Customers Are Able to Educate Themselves’
Despite widespread and increasing government regulation, foodborne diseases are common in the United States, with approximately 48 million people (over 14% of the population) reportedly getting sick each year from foodborne diseases. According to the Centers for Disease Control and Prevention (CDC) more than half of the yearly foodborne illness outbreaks are associated with food from restaurants. For example, during a 2022 E. coli outbreak, the CDC reported that more “than 80% of sick people who were interviewed by public health officials reported eating at Wendy’s restaurants in several states before getting sick.”
Large companies such as Wendy’s often employ lobbyists to influence federal and state lawmakers in the company’s favor.
Miller, who does not employ any government lobbyists, told The Lancaster Patriot that he is not opposed to regulation, but simply believes his customers are far better regulators than government employees or elected officials.
“I believe our customers are able to educate themselves regarding their food choices,” Miller said. “They do not need the government to tell them what to eat.”
Miller’s products are not sold at grocery stores or food outlets, and his business depends on word-of-mouth advertising and committed buyers, some who drive hours from out-of-state to purchase his natural food products. Despite those disadvantages, Miller’s business has continued to thrive because of his reputation among his customers for healthy and safe food.
Miller said that if his operation was producing unhealthy or unsafe food, his customers would have stopped buying from him years ago. “I can’t simply do anything I want,” Miller said. “My customers demand quality products.”
Miller told The Lancaster Patriot that his customers go out of their way to purchase food products from animals raised in the open-air and free from the hormones, steroids, and antibiotics that are widespread in commercial, government-approved food sources. Miller’s customers also oppose the additives that regulators often insist on adding to food.
Miller said his customers demand alternatives to the chemical-laden products approved by the government and available in the grocery stores.
Last year, Ben Tracy with CBS News reported that there “are more than 10,000 chemicals and additives allowed in food in the United States, often in small amounts. But many haven’t been evaluated by the Food and Drug Administration in decades.” Some of those chemicals have been “banned overseas after research has linked them to cancer and developmental or behavioral issues,” Tracy wrote.
When asked why he has not applied for a license, Miller said that once the government gets a foot in the door, the regulations will only increase. The large farms, often relying on government subsidies, will run the smaller, sustainable farms out of existence, Miller said.
“These big companies haul in the feed from off-site, feed it to animals in confined spaces, and then haul the manure back out,” Miller said. “It is not sustainable.”
And certain items Miller’s customers demand – such as raw butter and raw cream – are “illegal” to sell in Pennsylvania, with or without a license.
“The rules and regulations are hurting the customers the most,” Miller said.
Miller’s supporters have stood with Miller and his quest for food freedom by donating over $145,000 through an online fundraiser created to help Miller and his employees offset any loss of income due to government interference.
“We are in this battle together with our customers and supporters,” Miller said. “We are standing strong with the help of the people.”
I agree – government should not get in the way of adults choosing their own food and how they want it grown, prepared, and available for sale. It’s time to whack government back down to size and put in prison the clowns thinking they should rule over the people.
We will not have anyone ( a RARE few) left in D.C.
Did Amos Miller receive a “letter” from the State of Pennsylvania demanding he stop providing his members with raw milk products?
It would be helpful to read this letter. Was it a “notice” and was the notice signed? Was the notice to Amos Miller or was it to AMOS MILLER & MILLER ORGANIC FARM? Did the letter or notice include the statute or PDA regulation on which the demand was based?
Is there a legal difference between a “family farm” and a “Food establishment?”
Establishment – Place of business. Public or PRIVATE institution. Black’s Law Dictionary, 5th. Edition.
Institution – An establishment, especially one of eleemosynary or public character or one affecting a community. An established or organized SOCIETY or corporation. It may be PRIVATE in its character, designed for profit to those composing the organization, or public and charitable in its purposes, or educational Black’s Law Dictionary, 5th. Edition
Since all men and women have the right to associate with whom they wish and no body can be compelled to associate with members of a particular society or community against their will and since an “establishment” or “place of business” can be a PRIVATE in its character then the real issues here would be does the PDA have jurisdiction over a PRIVATE establishment or place of business and is Amos Miller a “person” in the “class of persons” subject to PDA regulations.
The important question is where does Amos Miller stand in relation to “the Commonwealth” and its regulations. Remember all just government govern with the CONSENT of the governed. Did Amos Miller CONSENT to be governed by USDA or PDA regulations?
Whether he did or did not CONSENT is not required for Secretary Redding to investigate the possibility that some of Amos Miller’s food may be adulterated because the PDA has a duty to protect the public health, safety and welfare of citizens, inhabitants and transient foreigners. After all Amos Miller would not want to sell adulterated food to the members of his private buyers club.
We could look at this as Secretary Redding is going to get to the truth of the matter. If he does then there will be no doubt at to the condition of the food being tested. If the food is safe for consumption then Amos Miller has nothing to fear.
As far as I know Secretary Redding is not forcing or compelling Amos Miller to register his farm as a “retail food facility” and the PDA did not attempt to inspect Amos Millers private establishment did it? There are a lot of things we need to know before we can point fingers as anyone.
Another fact we need to know is the legal definition of the term “proprietor.”
“Proprietor.” A PERSON, partnership, association or corporation conducting or operating a retail food facility within “this Commonwealth.” Title 3, Chapter 57, Subchapter A., Section 5702. Definitions.
Is Amos Miller a “PERSON” in the same “class of persons” of the other legal entities enumerated in the definition of the term “proprietor” and is he operating a retail food facility in “this Commonwealth” territory?
Is “this Commonwealth” and “the Commonwealth” synonymous terms and are they synonymous with “this State” and “Pennsylvania?”
The Law is precise and it must be written so a man of ordinary intelligence can read and understand it. It is not wise to draw conclusions without first READING the statute and the regulation promulgated to administer and enforce the the statute on the “persons” subject to the regulations.
I could go on but the point is it might be wise to first read Chapter 57 FOOD PROTECTION and define all the terms is Section 5702 and Section 5722 as well as read Chapter 46. FOOD CODE and define the terms in Section 46.3 before we jump to conclusions as to who is is not at fault here.
You have some great points. My only issue is that the state wants to go after them for 1/2? inncidents when they allow large companies to get away with poisioning houndreds of thousands of people yearly.
Do you know any lawyer who could help in transferring to the land jurisdiction?
if we wanted to hear from an a$$hole we would have farted.
Harry Neely’s last paragraph, following his long diatribe, speaks for itself:
“[R]ead Chapter 57 FOOD PROTECTION and define all the terms is Section 5702 and Section 5722 as well as read Chapter 46. FOOD CODE and define the terms in Section 46.3 before we jump to conclusions as to who is is not at fault here.”
You know who is at fault here? ANYONE WHO INSISTS I READ SECTION 5702 AND SECTION 5722 AS WELL AS READ CHAPTER 46 OF SOME FOOD CODE AND FINALLY DEFINING TERMS IN SECTION 46.3 BEFORE I CAN BUY A JAR OF PEANUT BUTTER FROM MY NEIGHBOR!
I think we’ve found the problem…
Amos needs to incorporate his business and convert his current “members” into stock holders. The federal district court judge in PA suggested that he needed to “tighten up his membership agreement” several years ago. This case is not about justice and freedom and who is right or wrong. There is much more at stake here. Any costly debate and delay at this point threatens Miller Farm’s survival. We are Miller Farms. Show it.
I just feel sad for the many multitudes of Amish children who are raped and beaten daily which seems to be in part because the Amish do not have to abide by US law. Watch on True Crime Daily, Cults To Conscientiousness, and yodertoder40.
II just feel sad for the many multitudes of American children who are raped and beaten and trafficked daily which seems to be in part because many Americans do not abide by the US law. Many of thse shows are exaggerated and sensationalized.
Joel, you said the information I shared was a “diatribe.” A “diatribe” is a bitter, abusive criticism or denunciation. Not one word of what I wrote was “bitter, abusive criticism or denunciation” of anyone to include YOU. I think your language is more bitter, abusive, and critical toward me than mine was toward anyone.
Let’s be honest I did not insist that YOU read these sections of the food code before YOU could buy a jar of peanut butter from your neighbor.
I was suggesting that we ought to read these definition sections to make sure we KNOW what the definitions of the terms defined therein mean and make sure we KNOW the LIMITED “class of persons” being regulated by the PDA.
I am SUGGESTING not INSISTING that IF you read the FOOD ESTABLISHMENT REGISTRATION APPLICATION form for instance you will find the following:
The Applicant UNDERSTANDS and AGREES that this document is an application for registration of a “limited food” establishment. The applicant UNDERSTANDS [stands under] and AGREES that only a “PROPRIETOR” may obtain a Limited Food Establishment Registration; and that a “PROPRIETOR” may be a PERSON, partnership, association, or corporation, operating a food establishment within the Commonwealth of Pennsylvania. The applicant verifies that “IT” [not that he or she] is a/an (circle one): PERSON, partnership, association, corporation, LLC, or LLP; and that “IT” is the “PROPRIETOR” of the Limited Food Establishment that is the SUBJECT of this application. The applicant verifies that all statements and information in this application are TRUE and CORRECT to the best of the applicant’s knowledge, information, and belief; and makes these statements SUBJECT to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities.
Joel, is Amos Miller a “PERSON. partnership, association, corporation, LLC, or LLP? Is Amos Miller a “proprietor?” Can you define the terms “PERSON” and “PROPRIETOR” without looking at Section 5702 Definitions?
Joel you do not need to read the regulations before you buy a jar of peanut butter from your neighbor but if you want to process and sell butter butter to your neighbor it might be wise for you to read the PDA regulations and determine if you are a person in the class of persons subject to the regulations.
How can I be at fault for suggesting we read the regulations and define the terms? Is it fair to charge me to be at fault for Amos Miller’s situation by suggesting we read the regulations and define the terms used therein?
A good soldier for Christ needs to KNOW his enemy well before he goes into battle.
Peace
This is 2024 and this guy doesn’t want to refrigerate his milk and milk products below 40F.
In PA its legal to sell raw milk but farmers are held accountable just the same as pasturized milk.. They have to obtain a permit which requires an inspection of the farm. The Inspection requires 3 tests of the milk to make sure its Pure and each test has to be done 7 days apart. It also requires that the milk be stored below 40F within 2 hours of Milking. It also requires that Milking and Bottling be done in separate rooms so the bottles or cartons aren’t contaminated.. THIS IS VERY EASY TO COMPLY WITH… THIS MAN IS NOT!!! THE ONLY FARMER PRODUCING RAW MILK PRODUCTS IN PENNSYLVANIA..
But he seems to be the only one that thinks using Electric Refrigeration to keep his product safe is justifiable because he is Amish. Bottling Milk requires special equipment to quick cool the milk .. You can’t just put milk in bottles and store them in a refrigerated tractor trailer like he does.. You have to build a refrigeration unit and then pass the milk through a quick cooler to drop its temperature before you bottle it.
I AM SICK OF THE FOOLS THAT DEFEND THIS MAN WHEN HE COULD DO WHAT HE WANTS IF HE USED PROPER REFRIGERATION.
And don’t tell me about the Amish because they are now farming marijuana for sale for recreational use… meaning they’re selling it to your kids. That is not something good honest Christians do… I AM SICK OF IT… GET PROPER EQUIPMENT OR DO SOMETHING ELSE FOR A LIVING..
What the State is doing is CRIMINAL and nothing else! How his attorneys can continue to allow state bureaucrats within the dept of agriculture, many with specific agendas, run roughshod over this farm and customer base is baffling. Time for a new and competent legal team!
The Miller farm has the best tasting raw milk, hands down.
Alex, who commented above, very likely has zero sympathy for how horrifically ex-Amish are being treated by the Amish. Watch on True Crime Daily, Cults To Consciousness, and yodertoter40. I think it would be wise for anyone to first join the Amish, then become excommunicated by them, and then live isolated from all family members before they speak so highly of them.
What is even more horrific among the Amish, is not so much that they isolate you from your family members if you leave, as how they beat the life out of their culture. Amish toddlers have been beaten to the point where they have gone into shock and stopped crying completely from the beating. These are ONE YEAR OLD toddlers. The frequency of the beatings is horrific. Almost all Amish believe in what they say is corporal discipline, but much is NOT called discipline. It is called horrific beatings. And for anyone who thinks the Amish don’t lie, then the truth will come out the day they stand before God. I was born and raised Amish, and l know. There is almost nobody who truly wants to join the Amish. That goes to speak for itself.
Praying for success for Amos Miller and his Farm. There is a raw milk freedom bill being heard in Louisiana right now–if our legislators are not bought out by Big Ag, it should pass. Like former Congressman Dr. Ron Paul (R-TX) said, you cannot say you live in a free country and drinking raw milk is illegal. We eat raw oysters in Louisiana, and there is a lot bigger risk with that than drinking raw milk from a healthy, clean cow!