Bill Text: MI HB5410 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Food; other; state compliance with federal food regulations; provide exemption for food not sold across state lines. Creates new act.
Spectrum: Partisan Bill (Republican 7-0)
Status: (Introduced - Dead) 2012-02-21 - Printed Bill Filed 02/17/2012 [HB5410 Detail]
Download: Michigan-2011-HB5410-Introduced.html
HOUSE BILL No. 5410
February 16, 2012, Introduced by Reps. McMillin, Yonker, Agema, Shirkey, Heise, Haveman and Opsommer 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, of the department of
homeland security, of the food and drug administration, of the
department of state police, of a sheriff's department, of a
municipal police department, or of 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.
