PaulaJoAnne, do you have a link to the court case(s) cited above, or the page this info was on? Would appreciate seeing it.
The `intrastate' suppression of this and that by the feds goes back to Wicker (`40's wheat grower). Raw milk has indeed, owing to poor sanitation/time delays on delivery, sometimes grows nasties that kill people. Marijuana, which law enforcement, the courts and scientists (some of whom really
tried to be a little less than scientific to placate Nixon - See: Shafer Commission `72) have all `stipulated', hasn't a single recorded death attributable to its use (alone - not with alcohol/tobacco and/or other substances with less benign toxicity profiles). This is why I quoted Justice Thomas (next are the quilting bees - `might poke your fingers, ladies!')
The feds use existing case law to reach down into other activities in the guise of going after `an activity that `
might have an impact on `interstate commerce', while it only exists in your backyard - and if you sell it? Good luck.
I'd still be more worried about the lawyers circling like vultures:
http://www.foodpoisonjournal.com/2010/07/articles/foodborne-illness-outbreaks/raw-milk-and-hot-water-in-new-york-and-other-states-too/
One's State almost always is the first line of intervention. The FDA follows on. FDA is the tip of the spear consisting of nearly a century of case law regarding food safety, as they can also invoke the Necessary and Proper Clause/10th Amendment, now, I'd be keeping my heifers under wraps for fear I'd be charged with violating the `bovine title' of the Mann act.
I'll just keep herding the strays back to their homes when they wander over (not a snitch on the hoof...):