A legal brief filed in a federal court dispute over the purchase and use of raw milk contends the court ultimately will determine "whether the people control the government, or whether the government controls the people." "The decision of this court will either ensure that people have fundamental rights endowed to them by their Creator, or that the people have no rights except those that are conferred upon them bygovernment," attorneys for the Farm-to-Consumer Legal Defense Fund have argued in their newest brief, which opposes the government's demand that the case be dismissed. "Our research shows that this nation has a long history of consuming raw dairy products and that FDA's prohibition against taking raw dairy for human consumption across state lines runs counter to that national history," said fund President Pete Kennedy. The brief argues, contrary to allegations by the FDA, everyone has the right to travel across state lines with raw dairy products in their possession, that everyone has the right to consume the foods of their choice, that parents have the right to feed their children the foods of their choice and that all have the right to be responsible for their own health...
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Not so say the feds. In their brief they assert:"There is no 'deeply rooted' historical tradition of unfettered access to foods of all kinds," states the document signed by U.S. Attorney Stephanie Rose, assistant Martha Fagg and Roger Gural, trial attorney for the U.S. Department of Justice. "Plaintiffs' assertion of a 'fundamental right to their own bodily and physical health, which includes what foods they do and do not choose to consume for themselves and their families' is similarly unavailing because plaintiffs do not have a fundamental right to obtain any food they wish," thegovernment has argued.
Current FDA regulations basically ban taking raw milk across state lines, even for your own consumption.
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