Should You Be Able to Buy Food Directly From Farmers? Regulators Don't Think So
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Around the country, local farmers are selling meat, dairy products, and other dinner table staples directly to neighbors, who are increasingly flocking to the farms in search of wholesome food.
This would seem to embody the USDA’s advisory, “Know your farmer, know your food,” right? Not exactly.
For the USDA and its sister food regulator, the FDA, there’s a problem: many of the farmers are distributing the food via private contracts like herd shares and leasing arrangements, which fall outside the regulatory system of state and local retail licenses and inspections that govern public food sales.
In response, federal and state regulators are seeking legal sanctions against farmers in Maine, Pennsylvania, Wisconsin, Minnesota, and California, among others. These sanctions include injunctions, fines, and even prison sentences. Food sold by unlicensed and uninspected farmers is potentially dangerous say the regulators, since it can carry pathogens like salmonella, campylobacter, and E.coli O157:H7, leading to mild or even serious illness.
Most recently, Wisconsin’s attorney general appointed a special prosecutor to file criminal misdemeanor charges against an Amish farmer for alleged failure to have retail and dairy licenses, and the proceedings turned into a high-profile jury trial in late May that highlighted the depth of conflict: following five days of intense proceedings, the 12-person jury acquitted the farmer, Vernon Hershberger, on all the licensing charges, while convicting him of violating a 2010 holding order on his food, which he had publicly admitted.
Why are hard-working normally law-abiding farmers aligning with urban and suburban consumers to flaunt well-established food safety regulations and statutes? Why are parents, who want only the best for their children, seeking out food that regulators say could be dangerous? And, why are regulators and prosecutors feeling so threatened by this trend?
Members of these private food groups often buy from local farmers because they want food from animals that are treated humanely, allowed to roam on pasture, and not treated with antibiotics. “I really want food that is full of nutrients and the animals to be happy and content,” says Jenny DeLoney, a Madison, WI, mother of three young children who buys from Hershberger.
To these individuals, many of whom are parents, safety means not only food free of pathogens, but food free of pesticides, antibiotic residues, and excessive processing. It means food created the old-fashioned way—from animals allowed to eat grass instead of feed made from genetically modified (GMO) grains—and sold the old-fashioned way, privately by the farmer to the consumer, who is free to visit the farm and see the animals. Many of these consumers have viewed the secretly-made videos of downer cows being prodded into slaughterhouses and chickens so crammed into coops they can barely breathe.
These consumers are clearly interpreting “safety” differently than the regulators. Some of these consumers are going further than claiming contract rights—they are pushing their towns and cities to legitimize private farmer-consumer arrangements. In Maine, residents of ten coastal towns have approved so-called “food sovereignty” ordinances that legalize unregulated food sales; towns in other states, including Massachusetts and Vermont, and as far away as Santa Cruz, CA, have passed similar ordinances.
The new legal offensive isn’t going over well with regulators anywhere. Aside from the Hershberger action in Wisconsin, and a similar one in Minnesota, Maine’s Department of Agriculture filed suit against a two-cow farmer, Dan Brown, in one of the food-sovereignty towns, Blue Hill, seeking fines and, in effect, to invalidate all the Maine ordinances. In April, a state court ruled against the farmer, and in effect against the towns; sentencing is due within several weeks, and the case could well be appealed.