A New York state appellate court has dismissed a challenge by Meadowsweet Dairy LLC that the state Department of Agriculture and Markets has jurisdiction over its raw milk operation, according to the CNY Farms Blog. Meadowsweet claimed it was not subject to regulation because its operation was confined to its members and the transfer of raw milk and raw milk products was not considered a sale. The court ruled that the state's Agriculture and Markets Law gives the department authority over farms that produce dairy foods. That authority is not limited to food sold, but also includes foods given away and the court said the dairy is not exempt from regulations. Ag and Markets Commissioner Patrick Hooker said because raw milk does not provide the protection of pasteurization, the state's regulations help ensure public safety. The court also ordered that Meadowsweet must obtain a milk plant permit even if raw milk is not sold, because it makes raw milk available to its members.

(CNY Farms Blog, March 15, 2010)

(http://blog.syracuse.com/…)