Let's buy local foods.

• Position: TRENDS AND TRANSITIONS

With an eye to saving the family farm and coaxing kids to eat better, some legislators want state agencies and schools to give preference to purchasing local foods. The catch? The U.S. Department of Agriculture claims it's illegal.

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Last year, Maryland and Massachusetts established price preferences for in-state products that allow a local farmer's price to be above the lowest bidder from another state and still be awarded a contract. Maryland instituted a 5 percent price buffer for local goods, while Massachusetts went with 10 percent. For example, a farmer's bid in Maryland can exceed the lowest out-of-state bid by 5 percent, as long as the quality is the same.

Colorado, Kentucky and Tennessee have inserted language in their laws stating that, all things being equal or in the event of a tie, in-state goods will be chosen. In some cases, the procurement officer is given wider latitude to purchase local if possible. Montana recently passed a law giving preference to Montana-produced food, as long as the price only reasonably exceeds the lowest bid and only if existing, available money is used for the purchase.

In general, additional funding for these procurement measures is not included and must come from the state's general fund. Oregon this year sought to increase state funds for school lunch programs that use local foods but failed.

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