“One excellency of the Constitution is that when the government of the United States…leaps those bounds and interferes with the rights of the State governments they will be powerful enough to check it.”
Ever since food became easier and more profitable to create by machinery the government has tried to regulate it in some sort of fashion. The first English regulation of such was the Assize of Bread and Ale around the year 1266. In America the first endeavour into regulating food came in 1862 when President Lincoln launched the Department of Agriculture and the Bureau of Chemistry. These two organizations operated in what today we call the United States Department of Agriculture (USDA) or the Agriculture Department. Later on in 1906 the Pure Food and Drugs Act was passed and what we now call the Food and Drug Administration was formed. Through these early regulatory adoptions it was aimed to raise the standards in food and their truthfulness in packaging. The nutrition labels that we all now know were mandated in 1990 through the Nutrition Labeling and Education Act (NLEA) and amended by the Food Allergen Labeling and Consumer Protection Act (FALCPA) of 2004.
But how far do we go in demanding how manufacturers produce and label their food? Specifically speaking, how far can we go on a federal level? On a state level? Already, we have numerous states with specific laws for food that is imported or exported from that state above and beyond the federal requirements.
This raises a question: should we rely on one-size-fits-all mandates from D.C.? Or would we be better served allowing states to determines the extent of their food labeling?
Considering the way big agribusiness manipulates the federal system, we might want to consider a more decentralized approach.
On March 26th President Obama signed HR 933 – called the Consolidated and Further Continuing Appropriations Act, 2013 – into law to stop the shutdown of the American government. Buried in this bill, we find the Farmer Assurance Provision – aka the “Monsanto Protection Act.” Lawmakers sneaked in Section 735 giving special privileges to companies that deal with genetically modified organisms (GMO), even allowing them to continue producing crops even if a court finds them harmful – which very well may not entirely be the case. Sen. Jeff Merkley (D-OR) said that he will introduce legislation in the Farm Bill of 2013 to repeal the Monsanto Protection Act.Details