April 23, 2024

“Food Freedom” Bills Fail

In January, Food Poisoning Bulletin reported on the so-called “food freedom” or “Tenth Amendment” bills that the states of Utah and New Hampshire were trying to pass. Supporters in both states have given up, for now, as the bills have been defeated.

In New Hampshire, HB 1650-FN, which tried to declare that the Food and Drug Administration had no jurisdiction over foods produced and sold within state borders, failed when the legislature stated the bill is “inexpedient to legislate.”

In Utah, (SB) 34 tried to prohibit federal regulation that was grown, produced, and sold in Utah.

In fact, the bill would have made it a crime for anyone to help enforce federal regulations regarding food safety or food production. The Rules Committee killed the bill by categorizing it in the defeated bills file.

There have been quite of few bills of this sort introduced in state legislatures around the country.

  • In Maine in 2011, the Intrastate Commerce Act attempted to nullify federal laws that regulate goods grown or produced and sold within state lines. That bill was placed in legislative files (dead).
  • In 2011 in Wyoming, House Bill No. HB0011 was introduced to challenge the Food Safety Modernization Act, exempting foods from licensure, certification, and inspection by state and federal agents. That bill failed in legislative committee.
  • In November 2011 in Florida, SB0814 was prefiled. The bill died in the Commerce and Tourism Committee on March 9, 2012.
  • This month in Iowa, SF385 and HF380 were introduced for the same reason: to prohibit federal oversight of foods produced and sold within state borders.
  • We’ll watch to see what happens.
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