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 it.
"Calling the compensation for milk a 'donation' is clearly a subterfuge to skirt the requirements of the law," White wrote in his decision issued Friday.
Stutzman lost his dairy license after an undercover agent from the Ohio Department of Agriculture 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.
"We're pleased with the decision and it makes a lot of sense," said Melanie Wilt, spokeswoman for the agriculture department. "The judge understands Ohio's dairy laws are there to protect consumers."
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, which advocate restoring nutrient-dense foods to people's diets, advocate the consumption of raw milk, saying pasteurization diminishes vitamin content and kills beneficial bacteria.
A phone message left for Stutzman was not immediately returned Wednesday. His attorney, Gary Cox, said he didn't know whether they would appeal the ruling.
"We disagree with it, but obviously Arlie has to comply with it," Cox said.
Stutzman's Amish faith places an emphasis on the community. To preserve their lifestyle, the Amish avoid the use of electricity and automobile ownership. They typically don't get involved in politics.
White wrote that state dairy law does not violate Stutzman's First Amendment rights because he "produced no evidence that his religion compels him to make money from feeding the hungry." He also rejected Stutzman's argument that he had been entrapped.
White's ruling that Stutzman may give away his milk seems to conflict with state law, which prohibits the distribution of raw milk, regardless of whether it's sold.
Cox said he would ask the judge for a clarification.