Court takes up unlicensed raw milk case
The Maine Supreme Judicial Court heard oral arguments on Tuesday for and against a Blue Hill farmer’s right to sell raw milk without a state license.
The Bangor Daily News reported that justices in the state’s highest court grilled both sides in a debate that began between the state and Dan Brown three years ago.
Brown is appealing a ruling by the Hancock County Superior Court last year that ordered him to stop selling raw milk without a license, and imposed more than $1,000 in fines and court fees. The lower court’s ruling came after the state sued Brown for not complying with the state’s 2011 order for him to stop selling his unlicensed product.
Brown, who has since shut down his farm and filed for bankruptcy, has argued that he is protected by “home rule” because of a Blue Hill ordinance that allows for the direct sale of dairy products from farmer to consumer. But a Hancock Superior judge said that state law that requires inspection and licensure trumps local ordinance.
The justices focused Tuesday’s hearing on “estoppel,” a legal doctrine that would protect Brown from abiding with state law after originally being told by the Maine Department of Agriculture in 2006 that he wouldn’t need the state’s permission to sell raw milk.
Brown’s attorney told justices this should protect the farmer because he acted in good faith. He added that licensing would place a huge burden on Brown’s business operations, estimating it would cost between $22,000 and $62,000 on facility upgrades to comply.
Assistant Attorney General Mark Randlett, arguing for the state, said allowing Brown to sell raw milk without oversight could be dangerous. She said the state’s original interpretation of the policy was wrong and that it recognized the error once the department held a policy review.
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