The Sustainable Economies Legal Center, the Berkeley-based group that helped draft and pass the California Homemade Food Act a little more than a year ago, has set its sights this year on protecting the right to grow or raise one's own food. The legislation would require local governments to allow for the cultivation and sale of garden-grown produce — fruits, vegetables, nuts, and herbs. The bill comes in response to a problem that many cities have in updating their zoning laws to allow for urban agriculture.
"The cities that have changed their laws are unfortunately in the minority," said Christina Oatfield of the legal center. "In every city that has changed its laws to be up to speed with the urban agriculture movement of the 21st century, the legislation's success has been reliant on both dedicated citizen volunteers and a policy professional at a local nonprofit supporting the effort."
But many cities lack these resources. Oatfield noted that many urban ag enthusiasts simply don't have the time outside of their business efforts for prolonged lobbying at the city government level. "The Neighborhood Food Act seeks to give all Californians basic rights to grow food with minimal legal hassles in one piece of legislation," she said.
The bill focuses mainly on the growth and sale of edible plants, but not on animal or animal products like eggs. Oatfield said the bill doesn't address animal husbandry because animals "are more likely to make noise or produce smells that offend neighbors. We think that some kinds of restrictions on animals might be more reasonable in some places than others depending on many factors, such as how compact a city is, and what other nuisance laws are already on the books."
The legal center's Executive Director Janelle Orsi has worked with urban agriculturalists who have come up against zoning issues with their local governments — Oakland's urban ag pioneer and writer Novella Carpenter was one of them. It was Orsi who devised the general concept of the bill.
As yet, no groups have registered opposition to the bill. But "since the Neighborhood Food Act is a relatively new concept as far as state-level legislation goes, it might be challenging [to pass] for that reason," said Oatfield.
At this stage, the legal center is working on finalizing a draft of the bill, and hopes to secure a sponsor — that is, a member of the legislature who introduces and backs the bill — by the end of the month. The bill should start going through the legislative process in March.
There's hope that urban agriculture will reach a new level of maturity this year. Between this piece of legislation, the Cottage Food law, and the soon-to-come Oakland ordinance that will incentivize the use of vacant lots for urban ag, there's potential for a major shift in the growth and distribution of food.
For those interested, there's a petition available on the legal center's website to garner support for the bill.
The Sea Forager in the East Bay
Those looking for alternative sources for ultra-fresh, sustainably caught fish might like Kirk Lombard's community-supported fish business — a subscription-based business much like a CSA — based in San Francisco, and now serving the East Bay.
Lombard — aka the Sea Forager, aka Lombard of the Intertidal — is a San Francisco resident and a colorful character in the fishing community. He's known for belting out sea shanties to the accompaniment of his wife's accordion, or whilst out fishing on his commercially licensed sea kayak.
He has long been a lover of that which is fishy and rarely fished. For a number of years, Lombard has led tours around San Francisco docks, teaching people to use dipnets to catch herring, dig for clams, and basically feed themselves off the smaller, lesser-known, and sustainable local fisheries.
His community-supported fish business launched last fall, in response to those who've taken his tours and are left with the question — where can I buy ethically caught seafood? Business here in the East Bay has been mainly growing through Facebook and word of mouth.
Much of his catch is brought in himself, or by other sustainably minded fishermen — by line, net, or pole. "There will be whole cooked crab delivered to the drop-off location throughout the winter. In addition, I'm hoping to open people's minds to local abundant species like rock crab, smelt, herring, and the occasional prickleback," wrote Lombard in a recent email.
He said that winter is a difficult time to source ethically. "If I was willing to support drag-boat fisheries, it would be no problem," wrote Lombard. "But I'm not willing to do that. All our local hook and line/trap fisheries are spring, summer, and fall."
Other winter offerings include McFarland Springs rainbow trout, which raises its trout sustainably in California, sustainably raised sturgeon from the Central Valley, sand dabs, squid, night smelt, and last fall's smoked albacore.
When the warm weather hits, subscribers will see more common varieties — salmon, albacore, halibut, and lingcod. Packages include either a mix of fish and shellfish, or just fish, and start at $22. Bigger packages may include large, whole fish, gilled and gutted. Subscribers can choose to receive their packages weekly or bi-weekly. Pickups are on Fridays, with three locations to choose from: Lungomare in Jack London Square, American Steel in West Oakland, and Brotzeit Lokal on the Oakland Estuary. To subscribe, visit SeaForager.com.
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