State Appeals Ruling on Unenriched Milk

The state attorney general’s office has filed a motion seeking to overturn the recent California appellate court decision allowing the sale of cheaper, unenriched milk in California. In its motion, the state argues that by allowing Phoenix-based Shamrock Foods Co. to sell its unenriched milk in California, the court is actually striking down the state’s minimum standards for nutrition, standards that were enforced in 1996 legislation. The appellate court has until Sept. 17 to decide whether it will rehear the case, and officials with the state attorney general’s office say if a judge does not reconsider the case, it will appeal to the state Supreme Court.

Shamrock officials say they have already begun talking to their old customers, and once a decision has been made on the state’s motion, they will ask for permission to sell milk in California while the state appeals. Economists say if Shamrock is allowed to sell unenriched milk here, the increased competition would almost certainly bring lower prices to consumers. Since 1962, California agriculture officials have required that dairy processors enrich their low-fat milk with milk solids. The process, which was initially intended to ensure that farm prices (which are linked to milk fat prices) remain high as consumers shifted to lower-fat dairy products, also boosted the protein and calcium of low-fat milk. However, California is the only state that demands enrichment beyond federal standards.