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Nanny State Faces A Defeat In Its War On Food Freedom As PRIME Act Advances

‘You would have local accountability, back to the farmer,’ Massie told The Federalist.

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Though it’s a watered-down version of the long-discussed PRIME Act authored by the Kentucky Republican Thomas Massie, the House has passed an important measure to start returning the regulation of intrastate food production to state and local authority. In practice, the return of meat production to local control will be a victory for producers and consumers, restoring flexibility and real community markets.

But first, go back to 1942, when the farmer Roscoe Filburn grew wheat on his Ohio farm that he only intended to use on his own property. Penalized for violating the federal Agricultural Adjustment Act of 1938, Filburn argued in court that Congress only has the constitutional authority to regulate interstate commerce, so federal law couldn’t limit a crop that would never cross state lines.

The resulting 1942 Supreme Court decision in Wickard v. Filburn waved a magic wand over commercial activity: Because there’s an interstate market for wheat,........

© The Federalist