Maine’s new “right to food” could sprout legal challenges

November 27, 2021

L.Like any Washington County, Maine, blueberry and lingonberry farmer Courtney Hammond has many worries. He worries about the weather, invasive species, crop failures, and global prices. To comply with federal food safety laws, he had to attend training courses, keep meticulous records, have plans to control insects and rodents, and document the hygiene of his processing equipment on a daily basis. It’s a tremendous amount of work, but it means, he says, “I don’t have to worry about someone getting sick if they eat something that leaves my farm.” Now he’s worried that a new law will be his hard work could endanger.

Earlier this month, 61% of voters voted to amend the state’s constitution to ensure all Mainers have a “right to food,” the first law of its kind in America. Main proponents of the constitutional amendment included a conservative lobster man, a liberal organic raw dairy farmer, the Sportsman Alliance (a hunting group), and the Cumberland County Food Security Council. The pandemic has shed light on food insecurity in Maine. Now the Mainers have the “inalienable right to food … to grow, breed, harvest, produce and consume the food of their choice”.

The change sounded harmless, but skeptics are skeptical of its effects. Marge Kilkelly, a former state lawmaker who breeds turkeys as well as pigs and goats, points out that most people don’t know much about agriculture: “It doesn’t happen right away. You don’t just get the turkey seed and pour water on it. Phew, there’s a turkey. “

Opponents of the amendment fear that its vague wording will open cities to legal challenges over local zoning and other regulations. Rebecca Graham of the Maine Municipal Association expects everything from hunting laws to nutrition programs to be challenged, which will cost taxpayers a lot. Rules like the one in Portland, the state’s largest city, which allows residents a maximum of six chickens (no roosters), could be ignored or challenged in court – let alone cows grazing in front yards.

Janelle Tirrell, director of the Maine Veterinary Association, is concerned about the treatment of farm animals by people who are ill-equipped to care for them: People will “use these defenses of the right to food to justify keeping animals in ways that violate our current laws ”. Others foresee environmental impacts such as contaminated water supplies. Some farmers fear that amateurs will introduce invasive species that could damage their crops.

Billy Bob Faulkingham, the Republican official who campaigned for the measure, allies these concerns. He considers legal challenges to be unlikely. Reckless people are fired. The bill will give Mainers more ownership of the food supply, he argues: About 90% of the state’s food is imported. Alluding to the constitutional right to bear arms, he says, “I call this the second change in diet.” His partner on the other hand, Craig Hickman, a Democratic senator and organic farmer, says that not everyone is into farming or breeding will begin, but this will “inspire people to shop locally” or even share their land with their neighbors.

This corresponds to the local culture. Despite its relatively small farms, Maine supports its producers. The constitution of the state grants tax breaks to farms. Some communities pay the people to farm their land. The state is experimenting with food sovereignty. More than a hundred cities have enacted ordinances that allow food to be “self-governed” by making cities their own rules for food products. The manufacturers in these places can sell directly to customers and, for example, offer raw milk without a license (meat and poultry are excluded).

Farm-to-table restaurants are very popular. Maine is a foodie destination. Tourists flock there for its lobster, blueberries, and cranberries. Julie Ann Smith of the Maine Farm Bureau wonders how to maintain food safety without regulation. That is why Mr Hammond is so concerned about the new amendment. It only takes one tourist sick of blueberries sold by an amateur to ruin all Maine farmers, not just “the guy with three tomato plants on his porch.”■

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This article appeared in the USA section of the print version under the heading “Reaping what you saat”

https://www.economist.com/united-states/2021/11/27/maines-new-right-to-food-could-sprout-legal-challenges