ABSTRACT
Rights in a neo/liberal state are required to be translated back through a market-based economy so that they can continue to support the normal order of the state. In the raw milk case cited above, the rights of government to govern trumped the rights of individuals to food. That the decision to outlaw the trade in raw milk across state lines benefits the interests of capital (the pasteurizers who control the supply chain) and not the producers or the consumers is an overlooked side note in this case, but a significant one. Thus, any alternatives that are not easily controlled by the neoliberal order and the associated sovereign powers of exception granted by the state are simply rendered illicit and illegitimate, thus criminalizing and capturing those who produce and exchange food outside of the neoliberal order (van der Ploeg 2009, 266). How then to avoid capture?
