HOUSE BILL No. 5336

 

February 18, 2014, Introduced by Reps. McMillin, Hooker and Lund 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.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     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, the department of

 


homeland security, the food and drug administration, the department

 

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

 

department, or 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

 

both.

 

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

 

seeking injunctive and other relief.