Judge Allows Challenge Of State’s Butter Standards To Proceed

A circuit judge has refused to throw out a lawsuit that challenges grading standards for all butter sold in Wisconsin. Ozaukee County Circuit Judge Paul Malloy said Tuesday he wanted to see the case move forward before deciding on its merits. At issue is a law in place since 1953 in which butter must receive a state or federal grade like “A” or Double “A” before it can be sold — which critics say is designed to protect Wisconsin producers. A food store in Grafton says it prevents the Irish brand Kerrygold from being sold in the state, and it violates the equal protection and due process clauses in the state Constitution. Assistant state attorney general Katherine Spitz says the law gives consumers information about the quality of butter in the dairy case, and that should be enough to make it constitutional — although the plaintiffs say the grading law does not reflect the product’s nutritional standards or safety.