Food Freedom Acts
Food Freedom Acts are U.S. state-level laws designed to reduce regulatory burdens on producers of homemade foods and provide consumers with direct access to these products. These laws are an expansion of the Cottage Food Laws, which permitted the sale of homemade food products. Organizations such as the American Legislative Exchange Council,, National Environmental Health Association, and The Institute for Justice has helped push these laws forward.
Purpose
The fundamental purpose of a Food Freedom Act is to recognize the right of individuals to produce, procure, and consume homemade foods of their choice free from unnecessary and anticompetitive regulations. Proponents argue that expanding the freedom for entrepreneurs to operate home-based food businesses fosters small businesses, innovation, and economic growth by providing opportunities for self-employment and flexible work. They also assert that consumers benefit from greater access to a variety of food options, particularly those produced on a small, local scale. The movement is rooted in the concept of economic liberty, which refers to a person’s right to engage in a trade free from arbitrary, protectionist, or needlessly burdensome regulations.These laws are based on the legislative finding that there is little evidence that home-based food businesses pose a threat to public health in states where they are lightly regulated. Furthermore, allowing the production, sale, and consumption of a wider variety of homemade foods is seen as respecting individuals' personal liberty, including economic liberty.
Food Freedom vs. Cottage Food Laws
Food freedom laws often represent an expansion upon earlier "cottage food" laws. Cottage food laws typically permit the sale of small production foods but often limit sales by the type of food products allowed, the locations of sale, and may impose a limit on the amount of revenue a business can earn to qualify for exemptions. Food freedom laws generally seek to eliminate these minimal restrictions, providing broader exemptions from state and local oversight when selling directly to consumers. They aim to allow producers to sell almost any homemade food without a cap on sales or licensing, permitting, or inspection requirements.Examples in some U.S. states
50 bills were proposed on food freedom, but only 12 were passed. Bills on food freedom were passed in Alaska, Arizona, Hawaii, Illinois, Iowa, New Hampshire, New York, Oklahoma, Utah, Vermont, Virginia, and Wyoming.Arkansas: Passed the Food Freedom Act, effective July 29, 2021, exempting homemade food/drink products from licensure and expanding sales methods, including internet sales, limited to Non-TCS foods.
Illinois: Was considering an amended cottage food law In 2021, to permit home producers to sell baked goods and non-perishable goods directly.
Wyoming: First to pass the Food Freedom Act in 2015. Any food is allowed to be sold directly to consumers under Wyoming's Food Freedom Act, except for some meats, poultry, and fish (rabbits and fish were included in the law in a 2017 amended bill.