Wisconsin Bans Ungraded Butter Despite Lack of Health Risk
Source: Pacific Legal Foundation
Minerva Dairy, a family owned cheese and butter dairy that produces handcrafted artisanal butter can sell its products in all 49 other states. Wisconsin has recently begun enforcing a 40 year old statute that requires all butter sold within the state to be either USDA graded or graded by the state of Wisconsin, but not all diaries can afford the process. In order to be graded, Minerva would have to store up a week's worth of butter and pay for a USDA grader to be flown in every week. Minerva already has all of the business licenses required to make dairy products and operates in a USDA approved facility. The dubious grading process ensures every batch meets the USDA's standards for commodity butter, but Minerva doesn't make a commodity butter and most butters sold in the U.S. are not USDA graded. More than likely the Dairy lobby is behind the enforcement of this statute, just as they pushed to ban the 'Milk' label for non-dairy milks, to legislate away out of state competition. Regardless, interstate protectionism is illegal under the dormant commerce clause which prohibits states from discriminating against or impeding interstate commerce. More importantly, moral law grants every person the right to engage in voluntary transactions provided they do not impose a cost of their transaction on an uninvolved third party. It is plain that buying and selling artisanal cheese in no way exceeds the mutual limits of equal freedom while restricting such activity does.