GRAND RIDGE — The Florida Department of Agriculture and Consumer Services (FDACS) has filed a motion to dismiss Ocheesee Creamery’s case against the department, contending the dairy is suing the wrong government agency.
“Our department is tasked with ensuring federal law is followed and also that it is federal law that defines milk," FDACS public information officer Erin Gillespie said.
The agency in charge of enforcing that law is the Food and Drug Administration. The FDA does grant small business exemptions for nutrition labels for businesses that employ less than 100 employees. However, Gillespie said Ocheesee needs to apply for that exemption through the FDA. Justin Pearson, an attorney representing the dairy, previously said Ocheesee had been unable to obtain an exemption.
The FDA has a mandate that all milk must include vitamin A, which the FDACS follows. Vitamin A occurs naturally in whole milk but is lost when the cream is skimmed. Most milk producers chemically inject vitamin A after pasteurization. Ocheesee has the option of selling skim milk without vitamin A but must label it a non-grade-A milk product, an unappetizing idea for a company that prides itself on operating in the most natural manner.
“That would have been too confusing for our customers,” Ocheesee owner Mary Lou Wesselhoeft said.
The nonprofit, libertarian-leaning law firm Institute for Justice (IFJ) is handling Ocheesee’s case. Pearson, with IFJ, said his primary argument is for free speech. He notes the FDACS motion does not mention the free speech argument.
IFJ has until Jan. 20 to file a response to the FDACS motion.