Here at FTCLDF, we have been very concerned lately about farm and food producers being shut down or having their business severely harmed, without any evidence of wrongdoing, often simply through a press release or press article. If the federal, state, or local government acts against a farm, ranch, or food producer that harms their business, the government would need to provide due process, allowing the producer to speak to an alleged violation before suffering from government action. Yet we have witnessed government agencies simply state a conclusion without issuing any notice of violation against producers or seeking any action from them. When the press publicizes this action, the farm or food producer may suffer extraordinary losses through no fault of their own.
We’ve seen this as state agencies post allegations of illness allegedly caused by raw milk producers without taking any action to stop the sales of allegedly unsafe products: www.farmtoconsumer.org/blog/2026/02/18/negative-press/
We’ve witnessed a seed producer be accused of operating without a grain license despite it not being necessary for its business. The business was then harmed by several press articles before the Nebraska Public Service Commission admitted it was not subject to NPSC jurisdiction: www.centralnebraskatoday.com/2025/10/24/326446/
We’ve seen producers accused of causing illness spend significant amounts of money before a jury found them not liable: www.montereycountynow.com/news/local_news/an-arizona-grower-wins-a-long-legal-battle-with-salinas-distributor-over-2018-e-coli/article_871561be-653e-4874-b17a-873a664434bf.html
Even large industrial producers, like Taylor Farms, have been harmed before evidence is gathered in an alleged outbreak. In 2026, the FDA concluded that Taylor Farms was the source of the cyclospora outbreak, even though product testing did not confirm any positive finding for cyclospora: www.taylorfarms.com/cyclospora-information-hub.
Of course, such contamination is far more likely in industrial farming than in regenerative, local, and diversified farming practices used by most FTCLDF members. This is true in part because of commingling products from multiple farms, monocrop production, and animal density, along with other factors, although it is not always the case. Not all lettuce is equal!
Incidents like this affect smaller independent producers who take food safety seriously and use methods to ensure safe products. Consumers lack critical information regarding the different growing, processing, and transportation methods to fully understand what food is a potential risk and what is not.
Food safety is a serious issue, yet it should require due process rather than press releases and destroying businesses without any evidence of wrongdoing.
Due Process Requirements
The Fifth and Fourteenth Amendments to the United States’ Constitution require due process before the government (federal or state) can deprive individuals “of life, liberty or property.” This, in turn, requires that the government must follow fair procedures and provide the right to be heard before taking a property interest away from Americans. The key, of course, is that state action must be involved. While no fixed rule exists for what process is required, at least one judicial commentator has suggested that the following list provides useful guidance.
1. An unbiased tribunal.2. Notice of the proposed action and the grounds asserted for it.3. Opportunity to present reasons why the proposed action should not be taken.4. The right to present evidence, including the right to call witnesses.5. The right to know opposing evidence.6. The right to cross-examine adverse witnesses.7. A decision based exclusively on the evidence presented.8. Opportunity to be represented by counsel.9. Requirement that the tribunal prepare a record of the evidence presented.10. Requirement that the tribunal prepare written findings of fact and reasons for its decision.
Immunity – another complicating factor
A complicating factor is that even when the government errs, it is often shielded from liability for its actions based upon the doctrine of immunity. Often the governmental entity cannot be responsible for actions unless it acted in bad faith, and sometimes even if it did.
Policy Solution?
FTCLDF is interested in gathering more information about problems caused by government agencies made by statements to the press or press releases. As you all know, the legislative process is a long one but we aim to eventually introduce the idea of Farmer Fairness Rules in appropriate jurisdictions. Please contact us to share information regarding any similar experiences. https://members.farmtoconsumer.org/general/?type=CONTACT
