A Coordinated Approach to Food Safety and Land Use Law at the Urban Fringe

Abstract

Much has been written about the rise of the local food movement in urban and suburban areas. This essay tackles an emerging outgrowth of that movement: the growing desire of urban and suburban dwellers to engage rural areas where food is produced not only to obtain food but also as a means of tourism and cultural activity. This represents a potentially much-needed means of economic development for rural areas and small farmers who are increasingly dependent on non-farm income for survival. The problem, however, is that food safety and land use laws struggle to keep up with these changes and, as a result, often waffle between over-regulation and de-regulation. This essay posits a legal path forward to steer clear of regulatory extremes and to help the local food movement grow and prosper at the urban fringe.

Keywords: food safety, food, land use, cottage food, cottage farm, food sovereignty, food freedom, agritourism, economic development, rural, Food Safety Modernization Act, Tester Amendment, zoning, building codes