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A question about raw milk sales in NM


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A question about raw milk sales in NM

ninrn | Jun 12, 2014 12:29 PM

This might be more of a legal question than a food question, but I'll ask it here since it's about food and New Mexico. I'm hoping some NM Chowhounds might be lawyers.

As far as I understand, the sale of raw milk is legal in most of New Mexico, but illegal in Bernalillo County. Clear enough. The thing that perplexes me is that apparently people who sell raw milk outside Bernalillo County are legally prohibited from selling it to people who live in Bernalillo County, even if the purchase happens outside BernCo.

How does that work? How can the law limit my ability to do something that's legal in the place where I am doing it based on my place of residence? I can understand if it were a crime for me to buy raw milk outside the county and to bring it in, even if it were just for personal use, but to prohibit its sale to me outside the county?

Factor in that possession and consumption of raw milk don't seem to be entirely illegal in BernCo either. I'm pretty sure I can buy a cowshare of a cow right here in the county and drink all the raw milk from it that I want. I just can't buy it elsewhere in the state.

I get that many laws don't make sense, but can anyone explain the legal principle by which this kind of restriction is even possible?

Thanks, ninrn

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