Farm-to-Consumer Legal Defense Fund (FTCLDF) continues to monitor and provide assistance to those working on food freedom bills in the current state legislative season. A few pending bills are food freedom bills, that generally would allow the sales of more locally produced food with less regulation. There are also some great cottage food bills still pending that we hope to see pass in state legislatures.
My favorites include:
Arkansas: Just the other day, on April 27, the Arkansas state legislature passed the Food Freedom Act, exempting homemade food or drink products from licensure, expanding where homemade goods can be sold, sending it to the governor for signature. The Act would increase the ability to sell homemade food directly to the consumer.
Montana: On April 23, the legislature sent the “Montana Local Food Choice Act” to the governor for signature. The act would permit the sale of homemade food and food products, without government licensing or permitting requirements and permit poultry processing of less than 1,000 birds annually without stringent licensing and registration requirements. A small dairy, defined as a place with no more than 5 lactating cows, 10 lactating goats, or 10 lactating sheep, would be permitted to produce and sell raw milk in the state.
Wyoming: Many of you already know about last year’s meat amendment to the Wyoming Food Freedom Act. This year, Wyoming amended the Wyoming Food Freedom Act again, specifically permitting the sale of eggs directly from the producer to the consumer and clarifying that homemade food producers may sell homemade food, drink products and eggs to the maximum extent permitted by federal law.
Colorado: SB 21-079 is waiting on the governor’s signature. This bill, the “Ranch to Plate Act,” exempts sale of animals and animal shares from licensing and inspection and allows for provision of meat not subject to federal or state inspection.
Oklahoma: There is a pending Food Freedom Act that would exempt homemade foods from state licensure, allow for poultry processing of less than 1,000 birds without inspection, and would specifically allow the sale of live animals and portions of live animals prior to slaughter for future delivery.
Wisconsin: Back in my home state, while the legislature has not moved, homemade food producers are back in court. In 2017, a Wisconsin state court ruled that Wisconsin bakers can sell home-baked goods. Now the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) has interpreted the court ruling to only permit foods with flour. Wisconsin cottage food producers are back in court to enforce the 2017 ruling and to expand the states’ ban on sale of other shelf stable homemade foods.
Many states continue to debate cottage food laws, which would permit home production of food that is not time or temperature controlled, such as Rhode Island, South Carolina, Florida, Minnesota, Alabama, Tennessee, and Indiana. The New Mexico governor has recently signed the Homemade Food Act, permitting the sales of foods produced on farm, ranch or residence directly to consumers.
See our Action Alerts HERE.
Coming up, we at FTCLDF plan to announce a free webinar designed to explain these developments and more. While all are welcome, FTCLDF hopes to use this opportunity to educate consumers on the challenges faced by farmers and food producers in providing the local foods that consumers crave. Stay tuned.
In good health,
Alexia Kulwiec
Executive Director
