Michigan Bill for Tail to Wag the Dog — Prohibition on Federal Food Safety Law Enforcement

Written by: Neal Fortin

Primary Source: Food Law Blog

Michigan Representatives McMillin, Hooker, and Lund have introduced Michigan House Bill 5336, which would prohibit enforcement of federal law regulating food that was “produced in and remains in” Michigan. Violations of the state law would be punishable by fines or imprisonment or both.

Potential law school exam question: “Discuss the errors in understanding of the United States Constitution reflected in this bill? In particular, explain the scope of the Commerce Clause. Discuss the tail wagging the dog.”

English: First page of Constitution of the Uni...

English: First page of Constitution of the United States Česky: První strana originálu Ústavy Spojených států amerických Español: La página primera de la Constitución de los Estados Unidos de América (Photo credit: Wikipedia)

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Neal Fortin
Neal Fortin teaches Food Regulation in the United States, International Food Law, Codex Alimentarius, Food & Drug Law, and Nutrition Law & Policy. Before coming to MSU, he was an attorney concentrating in food and drug law. Previously, Neal Fortin worked for the Michigan Department of Agriculture. He was the primary drafter of the Michigan Food Law of 2000, which streamlined Michigan’s food safety requirements and strengthened the food safety standards for changes in science.
Neal Fortin

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