February 16, 2012, Introduced by Reps. McMillin, Yonker, Agema, Shirkey, Heise, Haveman and Opsommer and referred to the Committee on Agriculture.


     A bill to prohibit federal regulation of food, food producers,


and food production in intrastate commerce; to provide for the


powers and duties of certain federal, state, and local governmental


officers and entities; to prohibit the enforcement of federal law


regulating food, food producers, and food production in intrastate


commerce; and to provide for penalties and remedies.




     Sec. 1. This act shall be known and may be cited as the "food


freedom protection act".


     Sec. 2. The legislature finds all of the following:


     (a) The Tenth Amendment to the constitution of the United


States provides that the only powers that the federal government


may exercise are those that have been delegated to it in the


constitution of the United States.


     (b) The Ninth Amendment to the constitution of the United


States guarantees to the people rights not enumerated in the


constitution of the United States and reserves to the people of


this state those rights.


     (c) Under clause 3 of section 8 of article I of the


constitution of the United States, the federal government is


empowered to regulate commerce among the several states.


     (d) The power to regulate intrastate commerce is reserved to


the states or the people under the Ninth and Tenth Amendments to


the constitution of the United States.


     Sec. 3. As used in this act, "food" means any substance


intended to be, or reasonably expected to be, ingested by humans


for nutrition or pleasure whether processed, partially processed,


or unprocessed and whether prior, during, or subsequent to harvest


or production, such as fruit, vegetables, and seeds; meat, fish,


fowl, poultry, and eggs; dairy products, including milk, raw milk,


and cheese; alcoholic and nonalcoholic beverages; and herbs,


spices, vitamins, or supplements. Food does not include a drug or


water other than bottled water.


     Sec. 4. If food is produced in and remains in this state, the


food, the producer of the food, and the production of the food are


solely under regulatory authority of this state and are not subject


to federal regulation.


     Sec. 5. An agent of the federal government, of this state, or


of a local unit of government, including, but not limited to, an


agent of the federal bureau of investigation, of the department of


homeland security, of the food and drug administration, of the


department of state police, of a sheriff's department, of a


municipal police department, or of a corporation providing law


enforcement services to the federal government, this state, or a


local unit of government shall not, within this state, enforce


federal laws regulating food, food producers, or food production


described in section 4.


     Sec. 6. An individual who violates or attempts to violate


section 5 is guilty of a misdemeanor punishable by imprisonment for


not more than 180 days or a fine of not more than $5,000.00, or




     Sec. 7. The attorney general may enforce this act in court by


seeking injunctive and other relief.