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Wyoming Law Expands Food Freedom Act, Opens Market to Small Egg and Dairy Producers

Yesterday, a Wyoming law went into effect that will further increase food freedom in the state, and potentially alleviate some of the recent price inflation on eggs and dairy. Sen. Tim Salazar and 10 fellow cosponsors introduced Senate Bill 102 (SF102) on Jan. 12. The new law expands the Wyoming Food Freedom Act to allow a “designated agent” to “facilitate sales transactions” in the marketing, transport, storage, or delivery of food and beverage products. Under previous law, producers could only sell directly to consumers. Wyoming was the first state to enact a comprehensive Food Freedom Act back in 2015. The law allows the sale of many foods and food products direct from the producer to the consumer without adhering to onerous state regulatory and licensing requirements. The expansive law even allows poultry farmers with fewer than 1,000 birds to sell chicken and turkey, along with products made from their birds outside of the regulatory system. Constitutionally, food safety falls within the powers reserved to the states and the people. The feds have no authority to enforce food safety laws within the borders of a state. Food freedom laws undermine these federal regulatory schemes. Widespread adoption of food freedom, along with state and local refusal to enforce federal mandates, could make FDA regulations virtually impossible to enforce and nullify them in effect and practice.

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Wyoming Makes it Legal to Buy Food Directly from your Neighbors and Local Farm

In a win for farmers, deliciousness, and just plain common sense, Wyoming’s governor signed a bill this past week which will “stop overregulation of locally produced foods” by making it illegal for the state government to require “licensure, permitting, certification, inspection, packaging, or labeling” when farmers sell food directly to consumers. In practice, this means that farmers markets and small food stands will be able to proceed without the interference of government busybodies. As the bill explains, its purpose “is to allow for the sale and consumption of homemade foods, and to encourage the expansion of agricultural sales by farmers markets, ranches, farms and home based producers.” The bill’s sponsor, state Rep. Tyler Lindholm, says it will “take local foods off the black market. It will no longer be illegal to buy a lemon meringue pie from your neighbor or a jar of milk from your local farm.”

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