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Key Drivers of State Preemption of Food, Nutrition, and Agriculture Policy: A Thematic Content Analysis of Public Testimony

January 17, 2019

So What?

What Is Already Known on This Topic?

Preemption, when a higher level of government limits the policymaking authority of lower levels, may negatively affect communities’ ability to enact public health policies.

The food industry has pursued state preemption as a policy strategy nationally.

What Does This Article Add?

To evaluate underlying drivers of state preemption, this article identified and analyzed key arguments made in testimony during a state bill hearing on the most comprehensive food policy preemptive law enacted to date.

Confusion about bill language and coverage, the combination of both food and agricultural policy issues in 1 bill and backing by multinational corporations helped propel preemption forward to passage.

What Are the Implications for Health Promotion Practice or Research?

Communities and local stakeholders can anticipate similar industry tactics and arguments in support of preemption as identified in this study and prepare to counter and prevent preemption in their states.

Key Drivers of State Preemption of Food, Nutrition, and Agriculture Policy: A Thematic Content Analysis of Public Testimony