S.B. 5693, the so-called transparency in the agricultural supply chain bill, is nothing more than a finger-pointing piece of legislation suggesting that farmers and other employers use forced labor and human trafficking. (Listen to my 3-part radio interview on this here).
In an effort that can only be considered hypocritical, legislators are targeting only agricultural sellers and manufacturers to collect and conspicuously post annual reports regarding unproven complaints of human trafficking by their suppliers. The accusation would have to be made available within 30 days and would be subject to public records requests.
This legislation essentially accuses, without evidence, agricultural sellers and manufacturers of condoning human trafficking and slavery.
The transparency legislation paints agricultural sellers and manufacturers and their suppliers into a no-win corner. This bill is not about transparency; it’s about leveling false accusations and ruining personal reputations.
The penalty for violating the legislation includes liability to anyone residing in Washington state. In essence, the legislation would allow any resident of Washington, regardless of his involvement or non-involvement in agricultural manufacturing, to file an unfounded civil suit for damages related to a violation.
The sponsors of SB 5693 are trying to punish farmers and other employers for labor practices that are already illegal. The state Department of Labor and Industries, the Department of Health, and the Department of Employment Security, as well as the legal and ethical policies of employers, already work to stop labor abuses and ensure that agricultural workers in Washington state are treated with dignity and respect.
Forcing farmers and other employers to advertise unsubstantiated accusations that are made against them goes against the most basic principle of fairness in a democracy: that all persons are presumed innocent until proven guilty in a court of law.
For these reasons SB 5693 is unfair, violates the basic rights of citizens, and is probably unconstitutional.