Add your reaction
UPDATE: Click here to read our FAQ on the Neighborhood Food Act
September 26, 2014
Today Governor Jerry Brown signed Sustainable Economies Law Center (SELC)'s Neighborhood Food Act, AB 2561, and several other bills seeking to promote local and sustainable food systems in California.
AB 2561 guarantees tenants’ and members of homeowner’s associations’ rights to grow food for personal consumption by voiding contrary language in lease agreements or homeowner’s association agreements.
AB 2561 preempts landlords from restricting tenants who live in single-family or duplex residences from growing food for themselves in portable containers in their backyards. The bill allows landlords to determine the location of containers, restrict the use of synthetic chemicals, and enter into separate agreements with tenants regarding excess water use or waste collection. Common interest developments are also preempted from restricting members from growing food for personal consumption or donation.
Some 25 organizations supported the bill, including Sustainable Economies Law Center (sponsor), Slow Food California, Social Justice Learning Institute, and Ubuntu Green. Neil Thapar, Staff Attorney at the Sustainable Economies Law Center, said, “As Californians continue to face significant economic and environmental uncertainty, the Neighborhood Food Act is a great step forward towards equitable access to healthy food, developing resilient food systems, and strengthening local economies. People have the right to grow their own food, and this law clarifies that right.”
The bill as originally drafted by SELC, and as introduced in the State Legislature by Assemblymember Steven Bradford, also contained provisions that would overturn local zoning ordinances that prohibit growing food in front yards, back yards and vacant lots in residential neighborhoods and other city zones. This section of the bill was removed in the Assembly Local Government Committee due to opposition from the local government lobby. SELC hopes for future state legislation that addresses the widespread conflicts between city zoning codes and the urban agriculture movement in order to increase access to fresh, healthy and local food for many more Californians.
While there is much work ahead to remove legal barriers to small-scale, sustainable and local agriculture in California, we are pleased with the increasing interest among the State Legislature in addressing these critical issues. Today we are extremely grateful to the many farmers, gardeners, legislators and their staff, nonprofit organizations and community organizers who supported the Neighborhood Food Act.
Neil Thapar, Staff Attorney
Phone: (510) 398-6219
2323 Broadway, #203 Oakland, CA 94612
Add your reaction
FOR IMMEDIATE RELEASE
New Bill Promotes Food Security and Access Through Urban Agriculture
Sacramento, California – September 2, 2014 – On Wednesday, August 27, 2014, the California Legislature passed AB 2561, also known as the California Neighborhood Food Act. The Act guarantees tenants’ and members of homeowner’s associations’ rights to grow food for personal consumption by voiding contrary language in lease agreements or homeowner’s association agreements. Governor Jerry Brown must sign the bill in order for it to become law.
Do you know a food lawyer? Ever heard the term before? How would you define it?
If you're not sure, don't worry you're not alone. Food law is a relatively new, and rapidly growing, area of law that includes a wide range of activities. Mary Beth Albright over at National Geographic's The Plate recently shared her definition in an article that features some great photos of SELC Executive Director, Janelle Orsi, and clients from our Resilient Communities Legal Cafe.
After the Pennsylvania Department of Agriculture cracked down on a seed bank in the Joseph T. Simpson Public Library in Mechanicsburg, Pennsylvania, hundreds of seed libraries in the U.S. are suddenly wondering if they are breaking the law.
There are seed laws in every state that regulate the sale and transport of seeds within state lines. At the federal level, seed laws govern interstate commerce in seeds. These laws exist to restrict the introduction of invasive species, protect consumers from unscrupulous businesses, and ensure fair competition in the seed industry. But should they apply to non-commercial, non-profit, community-based seed libraries? We don't think so, and we think that seed libraries have the laws on their side.
Sustainable Economies Law Center (SELC), along with our friends at Shareable and the Center for a New American Dream, published this article laying down the legal argument why seed libraries shouldn't be subjected to seed laws intended to regulate the commercial seed industry.
Read the full article on Shareable
Add your reaction
The Neighborhood Food Act is flying through the Senate, passing out of the Transportation and Housing Committee yesterday by a vote of 10-1. Though the opposition continues to push for narrowing the scope of the bill, we are grateful that Assemblymember Bradford is standing firm to maintain the important protections that exist for homeowners and tenants to grow their own food. We are also excited at the level of support AB 2561 is receiving in the Senate and are working to ensure this momentum stays with the bill as it continues through the legislative process.
Wasting no time, the bill will next be heard in the Senate Judiciary Committee on Tuesday, June 24th at 1:30pm in Room 112 at the State Capitol.
We continue to hear from legislator's offices that they are receiving calls in support of this bill so we know that all your calls are making a difference. You can keep the pressure on by calling in to the members of the Senate Judiciary Committee before June 24th to let them know they need to show support. We've created a list of the committee members with their contact information. Remember to be polite and sincere. You can use the phone script below when you make the call.
"Hi, my name is (your name),
I am a (renter, member of an HOA, gardener, homeowner, landlord, etc.) and I wish for the State Legislature to pass AB 2561, the California Neighborhood Food Act.
Assemblymember Steven Bradford introduced the California Neighborhood Food Act (AB 2561), to increase access to fresh food throughout California. Many Californians NEED more access to fresh food. What better way than to grow it on their own? As a California resident seeking increased access to fresh, local food, I'm calling to urge (Senator's name) to vote YES on AB 2561 at Tuesday's Judiciary Committee hearing. Thank you!"
If you live in the Sacramento area and are interested in attending the hearing, please email neil (at) theselc (dot) org, for more information on joining us to advocate for the Neighborhood Food Act in committee.
As the sponsor of the Neighborhood Food Act, we are so glad the bill passed through the California Assembly!
Now, we need your help telling the Senate that they need to follow the Assembly's lead and vote YES on AB 2561, the Neighborhood Food Act!
Thanks to the hard work of our partner organizations, supporters (that's you!), and Assemblymember Bradford's office, the Neighborhood Food Act passed out of the Assembly!
On Thursday, May 29, the California Assembly voted 53-24 in favor of AB 2561, the Neighborhood Food Act. After several rounds of committee hearings and negotiations with the opposition, we are happy to report that the Neighborhood Food Act will continue through the legislative process and hopefully be signed into law before the end of the summer.
But we need your help!