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Will USDA Break Food Freedom’s Back in Wyoming? Don’t Bet On It

By John Moody | September 23, 2016

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Police officer talking to two federal inspectors at the farmers market

On September 21st, agents of the United States Department of Agriculture’s (USDA) Food Safety and Inspection Service (FSIS), who refused to identify themselves to some of the people present, appeared at a Wyoming farmers market to inspect vendors and forced one to dispose of food prepared for sale at the market. The government agents felt so intimidated that they summoned local police, yet failed to provide them with proper identification and contact information.

The USDA’s actions are puzzling given that, since the Wyoming Food Freedom Act passed, there have been no reported or documented increases in food borne illnesses or other problems in the state on account of it (in spite of dire warnings and predictions to the contrary). What has happened is an explosion in small-scale, artisanal, and home/farm-based businesses among the people of Wyoming, a boon to growers and markets, and an example for the rest of the nation as to what a decentralized, self-regulated local food system can do to improve food quality, safety, and affordability around the nation, while helping to rebuild communities and economies at the local and state levels. 

At least, until Tuesday, September 21st, that is what the Food Freedom Act was. Three suspected USDA agents showed up at the farmers market in Gillette, Wyoming and harassed vendors operating under the Wyoming Food Freedom Act. The vendors in question had produced foods in accordance with the Act and were operating solely in the state of Wyoming.

“We had no clue that they were coming. They didn’t notify any of our state agents,” said Representative Tyler Lindholm. “These were products sold from Wyoming vendors to Wyoming people. In my opinion the FSIS didn’t have the authority to inspect that food because it didn’t involve interstate commerce.” He went on to remark about the actions of the agents. “Of course they haven’t read the Wyoming Food Freedom Act. They have to protect us from chicken chili.”

In a follow-up phone call I had with Representative Lindholm, he continued. “The biggest part of this from a policy standpoint is that the Wyoming Food Freedom Act was written with input from FSIS. We asked if there would be any issues with federal law, and they replied back stating no.” When asked if the USDA was now moving away from respecting the Wyoming Food Freedom Act, Tyler stated that they still have no word. Regardless, Tyler also emphasized that many elected officials and people in Wyoming are not going to back down on their right to food and the Food Freedom Act. Instead, they see the Act as a stepping stone to further expansion and freedom. “The Wyoming Food Freedom Act has opened up doors…and caused an explosion in our economy across the state. None of us plan to move away or back down from that.”

The USDA’s actions now make the Food Freedom Act far more than just a simple state bill intended to help Wyoming’s communities and citizens thrive. It is a test case for how far the federal government will go to stomp out food freedom in the individual states, and how far states and their communities will go to protect their freedoms and their folk from government run amok. More details hopefully will follow, including efforts by activists and elected officials in Wyoming to get to the bottom of what happened and may continue to happen.

Read more: “Federal Inspections at Lakeway Market Cause Confusion; Concern”

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This article can be found in: Federal News, Food Rights News, State News This article is related to: cottage foods, farmers markets, food freedom, food safety, legislation, USDA, Wyoming

johnmoody@lwl.foodclub.org'

About John Moody

John Moody is a husband, father to four, small farmer, author, and speaker. After serving on the board of the Farm-to-Consumer Legal Defense Fund, he served as Executive Director from 2014-2016. John has participated in the small farming and food freedom movement in many ways over the years, serving as administrator for one of the largest local food buying clubs in the nation (Whole Life Buying Club), standing up with the members of that buying club to unjust enforcement actions to deny people their access to real food, protesting the FDA's harassment of farmers and people seeking real food, and speaking across the nation on matters related to food, health, and farming.

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Defending the rights and broadening the freedoms of family farms and protecting consumer access to raw milk and nutrient dense foods. Copyright © 2007-2025 · For more information: email: [email protected] · Phone: (703) 208-FARM (3276) · Falls Church, VA Farm-to-Consumer Legal Defense Fund (FTCLDF) The content of this website is intended for educational and informational purposes only and is not intended to be nor should it be construed as either a legal opinion or as legal advice. Articles posted here do not necessarily represent the views or the position of the Farm-to-Consumer Legal Defense Fund.