Exploring the Legal and Policy Implications Behind ‘High on the Hog’: Black Farmers, Land Loss and Its Implications (Part 3 of 4)

Throughout “High on the Hog”, one can see a deep connection between Black American culinary traditions and farming. However, this connection has been threatened by a variety of policies that have limited Black American land ownership and access. For example, certain policies by the USDA, which has earned itself a description as “the last plantation,” such as allowing local (mostly white) farmers to determine Black farmers’ eligibility for USDA funding, have led to Black Americans’ loss of land. In Pigford v. Glickman, the racial discrimination class-action brought against the USDA by Black farmers, the USDA agreed to the largest civil-rights settlement in U.S. history of $1.25 billion. However, many eligible Black farmers have not been compensated

The number of Black farmers in America has decreased dramatically over the past 100 years, with less than 2 percent of farms in the United States owned or operated by Black Americans. This figure is a significant decrease from 1920, when 14.3% of American farms were operated by Black farmers. While there was a small increase in the number of Black farmers from 1.3% to 1.4% between 2007 and 2012, both Black rural and urban farmers continue to face challenges including land access, zoning laws, and financing. Public policies in the agricultural sector have historically disproportionately favored large-scale farmers and contributed to the marginalization of Black farmers. 

Small-scale Black farmers are also disadvantaged by U.S. food policies which have historically favored standardized and industrialized food production. When Black farmers employ traditional farming methods and grow culturally significant ingredients that are at odds with industrialized food production methods and mainstream ingredients, the diversity and distinctiveness of Black culinary heritage and cuisine is at risk of erasure, as traditional practices and unique flavors are overshadowed by commercially produced and standardized foods.

One way to support Black farmers is for policymakers to foster Black farmers’ economic development and to rid established food policies of biases that may be hindering or discouraging Black farming. The newly re-introduced Justice for Black Farmers Act in 2023 attempts to remedy the continued injustice by providing funding and education to Black farmers. However,  it is unclear whether the bill has any legs. A prior iteration of the bill in 2021 failed to gain significant traction. 

Turning to the emotional second episode of “High on the Hog,” we see a thriving Black-owned farm that has been cultivated and helped feed the local community for decades be seized through eminent domain to build a highway. Situations like these may be avoided if policy makers were more sensitive to the significance of Black land ownership and its necessity to the preservation of Black cuisine, the vibrancy of Black communities, and American culinary traditions as a whole. 

While “High on the Hog” is a celebration of Black culinary traditions, it also highlights the systemic challenges that Black communities face in both preserving their culinary heritage and ensuring that their families are well-fed. These challenges have contributed to the decline of Black land ownership and the marginalization of Black farmers, and they are issues that should be addressed by policymakers. In doing so, we can help ensure that Black foodways continue to be honored so that Black cuisine can continue to contribute to our collective food culture. 

Click here to read Part 4.


This blog post was written by Amber Ward, a law student at UCLA School of Law and research assistant with the Resnick Center for Food Law & Policy.

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