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United States of America v. Daniel L. Allgyer.

February 3, 2012

UNITED STATES OF AMERICA, PLAINTIFF
v.
DANIEL L. ALLGYER.
DEFENDANT



The opinion of the court was delivered by: Lawrence F. Stengel, J.

ORDER OF PERMANENT INJUNCTION

AND NOW, this 2nd day of February, 2012, upon consideration of Plaintiff's Motion for Summary Judgment (Doc. # 22) and Defendant's response thereto (Doc. # 24), it is hereby ordered that Plaintiff's motion is GRANTED.

It is FURTHER ORDERED that:

1. This Court has jurisdiction over the subject matter of this action and has personal jurisdiction over all parties to this action.

2. The Complaint for Permanent Injunction states a cause of action against Defendant under the PHSA, 42 U.S.C. §§ 201 et seq., and the FDCA, 21 U.S.C. §§ 301-399a.

3. Defendant violates the PHSA, 42 U.S.C. § 264(a), and its implementing regulation, 21 C.F.R. § 1240.61(a), by engaging in conduct that endangers the public health and safety by distributing in interstate commerce unpasteurized milk ("raw milk") and milk products in final package form for direct human consumption.

4. Defendant violates the FDCA, 21 U.S.C. § 331(a), by introducing and delivering for introduction, and causing to be introduced and delivered for introduction, into interstate commerce, misbranded food within the meaning of 21 U.S.C. § 343(e)(1) and (i)(1), respectively, in that the unlabeled containers in which Defendant's unpasteurized milk is delivered lack Defendant's name and place of business and the common or usual name of the product.

5. Upon entry of this Order, Defendant, any company or assumed name through which Defendant operates, and each and all his directors, officers, agents, representatives, employees, attorneys, successors, assigns, and any and all persons in active concert or participation with any of them who receive notice of this Order are permanently restrained and enjoined from directly and/or indirectly doing or causing to be done any act that:

a. Violates 42 U.S.C. § 264(a), by distributing in interstate commerce unpasteurized milk and unpasteurized milk products in final package form for human consumption in violation of 21 C.F.R. § 1240.61; and

b. Violates 21 U.S.C. § 331(a), by introducing and delivering for introduction in interstate commerce food that is misbranded within the meaning of 21 U.S.C. § 343(e)(1) or (i)(1).

If the FDCA is amended or modified to allow the interstate sale of raw milk or raw milk products, advanced FDA approval is not necessary and this order is amended accordingly without the necessity for further Court action.

6. Upon entry of this Order, Defendant shall continuously display the statement: Daniel L. Allgyer and Rainbow Acres Farm [and/or any other entity or name by or through which Daniel L. Allgyer operates] will no longer introduce or deliver for introduction, or cause to be introduced and delivered for introduction, into interstate commerce, any unpasteurized milk or unpasteurized milk products. Selling or distributing Rainbow Acres Farm's unpasteurized milk and unpasteurized milk products outside the state of Pennsylvania is prohibited by federal law. on:

a. All product labels, labeling, brochures, and other promotional materials, retail invoices, and packing slips for Defendant's unpasteurized milk and unpasteurized milk products; and

b. All websites that Defendant owns, controls, or uses, directly or indirectly, to promote or make available for purchase his unpasteurized milk and unpasteurized milk products. For each website, the statement shall be posted on the website's home page and on all web pages that make Defendant's unpasteurized milk or ...


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