BEFORE THE BOARD OF STEVENS COUNTY COMMISSIONERS
ORDINANCE NO. _________________
STEVENS COUNTY LOCAL FOOD FREEDOM ORDINANCE.
11/11/11
WHEREAS, the people of the State of Washington, domiciled on Stevens County, have unalienable and
fundamental rights and among those rights are the rights to choose the local foods they produce; process
or prepare; sell, purchase, or distribute; preserve and store for extended periods of time; and consume, for
food or drink, for people or other life forms.
WHEREAS, the people of the State of Washington domiciled on Stevens County, declare:
(1) The Tenth Amendment to the Constitution for the United States of America, states, “The powers not
delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved
to the States respectively, or to the people”; and
(2) That pursuant to Article 1,, Section 8, Clauses 1 – 16, of the Constitution for the United States of
America, there is no power granted to the federal government to regulate local foods on Stevens
County; and
(3) The Ninth Amendment to the Constitution for the United States of America, states, “The
enumeration in the Constitution of certain rights shall not be construed to deny or disparage others
retained by the people.” and
(4) That pursuant to the Ninth and Tenth Amendments to the Constitution for the United States of
America, the power to regulate local foods on Stevens County is reserved to the State of
Washington or the people of the State of Washington; and
WHEREAS, the people of the State of Washington domiciled on Stevens County, declare:
(1) Treaties do not override the Constitution for the United States of America. See Reid v. Covert, 354
U.S. 1 (1956) at 17, “This Court has regularly and uniformly recognized the supremacy of the
Constitution over a treaty.” and
(2) That the object of treaties is the regulation of intercourse with foreign nations, and is external; and
(3) That pursuant to Article 1, Section 8, Clauses 1 – 16, of the Constitution for the United States of
America, there is no power granted to the federal government to regulate local foods on Stevens
County by treaty.
WHEREAS, the people of the State of Washington domiciled on Stevens County, declare: That Stevens
County, State of Washington, is without the jurisdiction of Article 1, Section 8, Clause 17, and Article 4,
Section 3, Clause 2, of the Constitution for the United States of America; and
WHEREAS, we find the preamble to the Constitution for the State of Washington, states, “We, the people
of the State of Washington, grateful to the Supreme Ruler of the Universe for our liberties, do ordain this
constitution.” and
WHEREAS, we find the Constitution for the State of Washington, article 1, section 1, states, “All political
power is inherent in the people, and governments derive their just powers from the consent of the
governed, and are established to protect and maintain individual rights.” and
WHEREAS, we find the citizens absolute, individual, natural, unalienable, and fundamental rights originate
from “the Supreme Ruler of the Universe” and not from the Constitution for the State of Washington, or the
government it created; or from the Constitution for the United States of America, or the government it
created, and
WHEREAS, we find the Constitution for the State of Washington, article 1, section 29, states, “The
provisions of this Constitution are mandatory, unless by express words they are declared to be otherwise.”
and
WHEREAS, we find the Constitution for the State of Washington, article 1, section 32, states, “A frequent
recurrence to fundamental principles is essential to the security of individual right and the perpetuity of free
government.” and
WHEREAS, we find the Constitution for the State of Washington, article 1, section 30, states, “The
enumeration in this Constitution of certain rights shall not be construed to deny others retained by the
people.” and
WHEREAS, we find the Constitution for the State of Washington, article 1, section 30, does not attempt to
enumerate all the unalienable and fundamental rights of citizens.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Stevens County, State
of Washington that, the citizens of the State of Washington, domiciled on Stevens County retain the
following unalienable and fundamental rights to:
(1) Cultivate and raise local foods of their choice; and
(2) Process or prepare local foods of their choice; and
(3) Sell, purchase, or distribute local foods of their choice; and
(4) Choose local foods that nurtures their health and nourishes their bodies; and
(5) Unimpeded access to a wide variety of local foods of their choice; and
(6) Preserve as much local food as they deem necessary for themselves and their families; and
(7) Store preserved local foods for extended periods of time, as deemed necessary for themselves and
their families; and
(8) Support local open pollinated seed banks, and to grow, process, store, sell, purchase or exchange
open pollinated seeds, of their choice.
STATEMENT OF PURPOSE: It is the purpose of this ordinance to protect the unalienable and
fundamental rights of the people of the State of Washington, domiciled on Stevens County, to choose the
local foods they produce; process or prepare; sell, purchase, or distribute; preserve and store for extended
periods of time; and consume, for food or drink, for people or other life forms; and their rights to open
pollinated seeds.
SECTION 1. DEFINITIONS: For purposes of this ordinance,
“Citizens” means the people of the State of Washington, domiciled on Stevens County.
“Constitution for the United States of America” means the organic Constitution ratified on September 13,
1788 and The First Ten Amendments (the Bill of Rights) ratified on December 15, 1791.
“Local food” means the raising and cultivation of animals, plants, fungi, fish, fowl, insects (such as the
honey bee) and other life forms for food, drink, fiber, and other products used to sustain life, cultivated on
the soil of Stevens county, for people and other life forms on Stevens county.
“People” means that select and limited class of citizens who are the repository of sovereignty (Preamble to
the Constitution for the State of Washington), and the source of government power (Constitution for the
State of Washington, Article 1, Section 1).
SECTION 2. ENFORCEMENT CLAUSE:
(a)(1) The people of the State of Washington domiciled on Stevens County, declare that any law
enacted by the congress of the United States; any federal regulation, rule, or policy
promulgated; any executive order issued by the president of the United States; any court
decision; and any treaty, that seeks, purports, or is otherwise intended to regulate the
unalienable and fundamental rights of the people on Stevens County to choose the local foods
they produce; process or prepare; sell, purchase, or distribute; preserve and store for extended
periods of time; and consume, for food or drink, for people or other life forms, is not authorized
by the Constitution for the United States of America; and
(2) The people of the State of Washington domiciled on Stevens County, declare any federal law,
rule, policy, executive order, court decree, or treaty, referred to in Section 2(a)(1):
(A) Will not be recognized by Stevens County; and
(B) Are specifically rejected by Stevens County; and
(C) Are null and void, having no effect on Stevens County.
(b) The Stevens County Sheriff and Prosecutor have the duty to, and are empowered to, stand
between the people and the federal government and they will not allow the enforcement of
unconstitutional federal laws or foreign treaties on Stevens County.
(c) The Stevens County Commissioners, Sheriff, and Prosecuting Attorney, have the duty to protect
and defend, and neither arrest nor prosecute, citizens for exercising the above stated unalienable
and fundamental rights to local foods; and
(d) The people of the State of Washington, domiciled on Stevens county, have the duty to claim,
exercise and defend, in a court of competent jurisdiction, their unalienable and fundamental rights
to local foods.
SECTION 3. PENALTY CLAUSE:
(a)(1) It is unlawful for public employees employed at the federal level, including, but not limited to,
agents of the Federal Bureau of Investigation, Department of Homeland Security, Food and
Drug Administration, to enforce or attempt to enforce any federal law, rule, policy, executive
order, court decree, or treaty referred to in Section 2(a)(1); and
(2) A violation of this subsection is a class B felony.
(b)(1) It is unlawful for a person knowingly to conspire to violate subsection (a)(1) of this section.
(2) A violation of this subsection is a class C felony.
SECTION 4. CIVIL RECOVERY: An aggrieved citizen/citizens may bring a private action against a person
or persons who violates the provisions of Section 2(a)(1).
SECTION 5. SEVERABLILTY: If any section, subsection, paragraph, sentence, clause, or phrase of this
ordinance is declared unconstitutional or invalid for any reason, such decision shall not affect the validity
of the remaining parts of this ordinance.
SECTION 6. PRECEDENCE: This ordinance will take precedence over all ordinances or parts of
ordinances or resolutions in conflict herewith, and to the extent that they do conflict with this ordinance,
they are hereby repealed with respect to the conflict and no more.
SECTION 7. SHORT TITLE: This ordinance shall be known as the Food Freedom Ordinance and may be
cited as such.
EFFECTIVE DATE: This ordinance shall take effect upon signature and publication.
Passed by the Board of Stevens County Commissioners meeting in regular session meeting in Colville,
Washington, by the following vote, then signed by its membership and attested to by its Clerk in
authorization of such passage the ____ day of ______________, 20___.
