Reading Room Overview, National Agricultural Law Center

Local Food Systems:
An Overview

Introduction

The term "food system" refers to the interconnected processes that connect the complex spectrum of food production to food processing, consumption, and ultimately disposal. One specific definition provides that the food system "includes all processes involved in keeping us fed: growing, harvesting, processing (or transforming or changing), packaging, transporting, marketing, consuming and disposing of food and food packages." (Cornell University). The food system in the United States is predominantly characterized as a complex and globally integrated system in which products are routinely produced, processed, and hundreds and thousands of miles from the point of consumption.

"Local Food Systems", as used here, is meant to denote the fact that there are a number of interrelated pieces that connect to make "local food" a component of the U.S. agricultural food system. The term "community food system" is sometimes used interchangeably with the term "local food system."

There is no single definition of the term "local food." A generally accepted convention is that local food is food that has traveled less than 1,500 miles from its place of origin to the final consumer, though the term can be defined by referencing a particular geographic region, either by county or state. As there is no federally-established definition, it is left to other venues such as state and local governments or nonprofit organizations to establish a particular definition.

Elements of a Local Food System

Local food sales are often conducted directly between the producer and the consumer, generally referred to as direct marketing. The most common venues for direct marketing of local food are farmers' markets, farm stands, pick your own operations and community supported agriculture (CSAs).

In addition to direct marketing, there are a few other venues through which locally produced food is sold. Some farmers sell their products directly to restaurants. There are also a growing number of retail grocery stores that carry locally grown products, including large international chains. Lastly, local food is sold to institutional purchasers such as local, state or federal government entities, hospitals and schools. A classic example of institutional purchasing is farm to school programs, which allow farmers to sell to public school systems.

Legal Issues

State Laws and Regulations

There are some federal laws and regulations that directly applicable local food systems. The National Organic Program, discussed below, is one such example. There are also a number of federally-created programs administered at the state level, such as The Farmers' Market Nutrition Programs and the School Nutrition Programs.

However, most regulation will take place at the state or local level, or a combination thereof. For example, there may be relevant zoning laws that impact farmers' operation of a farm stand or similar enterprise. Other areas likely to be regulated at the local or state level are public safety and health, food sampling, and application of a sales tax. Producers and others involved with sales of local food, should be aware that local and or state laws may vary from state to state or among counties in a particular state.

General Liability Concerns

Growers and retailers of food and food products may be liable if a consumer were to sustain physical injuries or become ill from consuming certain food and food products. Two common causes of action are strict liability under tort law, and breach of implied warranty of merchantability under the Uniform Commercial Code (U.C.C.). Other common causes of action could include a negligence claim or breach of express warranty. For information on a closely related topic, visit the Commercial Transactions and Landowner Liability Reading Rooms.

Premises Liability

Premises liability is an issue for owners, occupiers, or persons otherwise in control of premises who allow or invite customers onto their premises. This applies to farmers who have farm stands, pick your own operations, or CSAs, as well as to farmers' markets. For more information regarding landowner liability, visit the Landowner Liability Reading Room.

Sale of Milk

In an effort to unify safety standards relating to milk and milk products, the Food and Drug Administration (FDA) has issued a model ordinance known as the Pasteurized Milk Ordinance (PMO). The PMO sets sanitation standards for the processing, handling and labeling of Grade "A" milk, as well as for the inspection of dairy farms and milk plants. States are encouraged to adopt the PMO, in order to create a unified national system; however, there is no requirement that states do so. One area where this issue arises is the sale of raw milk. The FDA strongly recommends that raw milk not be sold, but it is left to the authority of the states to regulate this product.

Federal Laws and Regulations

National Organic Program

Some food that is grown and sold within a local food system is produced in accordance with the National Organic Program (NOP). The purpose of the NOP is to provide national consistency in the certification process of organic foods. For more information regarding the National Organic Program, visit the National Organic Program Reading Room.

Sale of Meat and Poultry

Meat and poultry is sometimes sold through CSAs or through other direct marketing venues. If these products are sold or transported through interstate commerce, they must be inspected by the United States Department of Agriculture (USDA), under the Federal Meat Inspection Act and the Poultry Products Inspection Act. If meat and poultry items do not enter interstate commerce, and are raised, transported and sold within a particular state, they are subject to the inspection laws of that state. For more information regarding the Federal Meat Inspection Act and the Poultry Inspection Act, visit the Food Safety Reading Room.

Agricultural Labor

There are a number of federal laws which apply to agricultural labor. These laws may be relevant to farmers whether they hire farm employees and/or if they bring on interns or apprentices (also referred to as "trainees"). For more information regarding labor, visit the Labor Reading Room.

Food Policy Councils

Food Policy Councils are a tool used to set food policy at the state or local level. The purpose of food policy councils is to help establish state or local food policy. The Kerr Center for Sustainable Agriculture defines "food policy" as "[d]ecisions made by a government or institution, which shape the type and cost of foods used or available, influence the opportunities for farmers and employees, or affect the food choices available to consumers."

This can take many different forms, depending largely upon what the goals of the FPC are, and on the needs of the community they intend to serve. The purpose of many FPCs is to address concerns such as hunger, accessibility of food to urban residents, availability of local food, marketing of local food, farmland preservation, food security, and nutrition.

Food policy councils are comprised of individuals who represent a cross-section of interests from across the food system, commonly including farm and consumer groups, retailers, restaurants, faith groups, anti-hunger organizations, academia, food processers, and state governmental entities. FPCs are generally formed by government sanction, such as through an executive order, or are established through an existing state or local agency. They can also be formed privately, such as through a non-profit organization.

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