KEY ISSUES

Why Preemption Is Bad for Local Healthy Eating Policy Movements

Preemption occurs when the state or federal government body passes a law or issues agency rules that eliminate or restrict the authority of local governments to regulate a certain issue. When local laws are preempted, they usually have no force or effect. A preemptive state or federal law can invalidate local healthy eating policies that represent years of efforts at the local level. Moreover, once enacted, preemptive laws are traditionally difficult to repeal, and can affect not only the legal but also the advocacy landscape for years to come.