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Ohio butter-maker sues Wisconsin over enforcement of law

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MADISON — A 123-year-old dairy operation in Ohio has filed a federal lawsuit against Wisconsin, arguing that the state’s ban on the sale of ungraded butter unconstitutionally protects large Wisconsin-based dairies.

Minerva Dairy filed the lawsuit Thursday, April 20th in U.S. District Court in Madison. It’s the latest legal salvo over the Wisconsin law that prohibits the sale of ungraded butter. Another pending lawsuit attempts to allow Kerrygold Irish butter to once again be sold in the state.

The Pacific Legal Foundation is representing Minerva in the latest lawsuit. It alleges that Minerva had been selling its artisanal products in Wisconsin for decades but can’t now because of enforcement of the law it calls an unjustified, anti-competitive restriction.

A spokesman for the Wisconsin Department of Justice did not immediately return messages.