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15 Drake J. Agric. L. 9 (2010)
Legal Issues in Local Food Systems

handle is hein.journals/dragl15 and id is 11 raw text is: LEGAL ISSUES IN LOCAL FOOD SYSTEMS
Derrick Braaten & Marne Coit*
I.      Introduction................................                .......... 10
II.     Background and Definitions........................... 10
III.    Legal Issues .............      .      ....................   ..... 14
A. Contracts                                ........................................ 14
B. Food Safety           ......................................... 18
C. Federal and State Procurement Laws Provide Constraints and
Opportunities for Institutional Purchases of Local Foods ........... 22
1. Federal Statutes............................ 23
a. Richard B. Russell National School Lunch Act................ 23
b. Child Nutrition Act of 1966     .................   ..... 24
c. Office of Federal Procurement Policy Act     ..   ............ 24
2. Federal Regulations .............................. 25
3. Several States Have Begun Addressing Procurement Legislation
and Local Foods                          ................................ 26
a. North Dakota................................ 26
b. Montana..........     ..........29
c. Michigan............................                .....30
4. Procurement Laws Will Increasingly Need To Be Amended to
Encourage Purchases of Local Foods.................. 31
IV.     Conclusion.......................................... 32
* Derrick Braaten is a Partner with Sarah Vogel Law Partners, Bismarck, North Dako-
ta. He would like to thank Wynne Wright for her guidance and mentorship. Marne Coit consults
on issues related to food and agricultural law and policy. Her research is focused on sustainable
agriculture and food systems. Ms. Coit received her M.S.E.L. and J.D.
from Vermont Law School and her LL.M. from the University of Arkansas School of Law. The
authors would like to thank the American Agricultural Law Association for the opportunity to
present on such important issues for today's (and tomorrow's) farmers, and the editors of the Drake
Journal of Agricultural Law for their hard work and recognition of the fundamental importance of
agriculture.

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