Whole Foods And Angola Prison Farmers: Who Benefits?

Whole Foods Market, the supermarket giant, has been under scrutiny for its involvement with the US prison system and its labour practices. Whole Foods has been linked to a hidden workforce of prisoners who are part of a supply chain that feeds into the company's products. Whole Foods has denied the use of prison labour in its products, stating that it does not allow the use of prison labour in products sold at our stores. However, investigations have revealed that Whole Foods sourced goat cheese and tilapia from farms that employed inmates, with critics arguing that this is exploitative due to the low wages paid to inmates. Whole Foods has since announced that it will stop sourcing foods produced using prison labour, but the company's role in the prison labour system and its impact on inmates remains a controversial issue.

Whole Foods' stance on prison labour

Whole Foods has been criticised for its stance on prison labour. In 2015, the company was chastised for employing inmates through prison-work programs. Protestors in Houston described the company as engaging in exploitation, as inmates are typically paid very low wages. In response, Whole Foods announced that by April 2016, it would stop sourcing foods that are produced using prison labour.

However, in 2024, Whole Foods was again linked to prison labour. An investigation by the Associated Press found that the company was one of many major food brands that had products on their shelves that were linked to prison labour. Whole Foods responded: "Whole Foods Market does not allow the use of prison labour in products sold at our stores."

Whole Foods' previous use of prison labour

Whole Foods, the American supermarket chain, has previously sourced products from farms that employ inmates. In 2015, Whole Foods faced criticism for selling a goat cheese produced by Haystack Mountain Goat Dairy in Colorado and a tilapia from Quixotic Farming. Both companies used inmates from Colorado Correctional Industries (CCI), a division of the Colorado Department of Corrections, to milk goats and raise fish.

CCI's mission is to provide inmates with employment and training, with the intention of giving them skills that could help them find employment once released. However, critics argue that the inmates are paid very little, with some describing it as "exploitation" and "slave labour". In response to the backlash, Whole Foods announced that by April 2016, it would stop sourcing foods that are produced using prison labour. A Whole Foods spokesperson stated that the company wanted to stay "in-tune" with customers' wishes.

The ethics of prison labour

Prison labour is a contentious issue, with strong arguments both for and against its use. On the one hand, it can be argued that prison labour provides inmates with valuable skills and a sense of purpose, which can help reduce reoffending rates and aid in their rehabilitation. Additionally, prison jobs can save taxpayers money and provide a way for inmates to repay their debt to society.

However, there are also several ethical concerns surrounding prison labour. One of the main issues is the exploitation of prisoners for their labour, often being paid pennies per hour or sometimes nothing at all. This is in stark contrast to minimum wage laws and can be considered a form of modern-day slavery, especially given the history of convict leasing in the US. Poor working conditions, a lack of labour protections, and the potential for physical and sexual abuse further exacerbate the issue.

Another concern is the impact of prison labour on the wider economy and labour market. The use of cheap prison labour can create an incentive for states to detain more individuals and maintain high incarceration rates, particularly through privatisation and lobbying efforts. This can lead to increased criminalisation and overincarceration, disproportionately affecting people of colour and those from marginalised communities.

Furthermore, the quality of products produced by prison labour is often questionable, with reports of defective and dangerous goods causing injuries and even deaths. The lack of competition and incentive to produce quality goods in prison monopolies further contributes to this issue.

Finally, there is the question of voluntariness and coercion in prison labour. While proponents argue that prison jobs are voluntary and provide valuable skills, critics highlight the potential consequences for refusing work, such as loss of privileges, solitary confinement, or negative impacts on parole chances. This dynamic can create a form of coercion that undermines the notion of truly voluntary labour.

Overall, the ethics of prison labour is a complex and multifaceted issue, requiring careful consideration of the potential benefits and harms to inmates, the economy, and society as a whole. It is essential to strike a balance between providing meaningful rehabilitation opportunities for inmates and ensuring their labour rights and well-being are respected and protected.

The history of prison labour

Prison labour in the United States is deeply rooted in the legacy of slavery and the aftermath of the Civil War. The 13th Amendment, passed in 1865, abolished slavery but created an exception that allowed the use of convicts for labour:

> "Slavery [...] shall be illegal, except as a punishment for crime whereof the party shall have been duly convicted."

This exception incentivised the criminalisation of newly emancipated African Americans, who were targeted by Black Codes that restricted their freedom. These laws mandated that everyone sign yearly labour contracts or face arrest, and judges could forcibly assign African American children to work for their former masters. Vagrancy laws also allowed local authorities to arrest freed Black people for minor infractions and commit them to involuntary labour.

From 1866 to 1869, Alabama, Texas, Louisiana, Arkansas, Georgia, Mississippi, and Florida began leasing out convicts, marking the beginning of convict leasing. This system allowed states to profit from prisoner labour while avoiding the costs of housing and feeding the incarcerated. By 1868, nearly all southern states had enacted Black Codes, and the convict leasing system prompted the southern economy's recovery by providing a cheap labour supply.

In 1873, the Panic of 1873 triggered an economic crisis that increased unemployment and decreased wages, further exacerbating the issues created by convict leasing. Mississippi's "pig law", enacted in 1876, classified the theft of a farm animal or property worth $10 or more as grand larceny, punishable by up to five years in prison. This law caused the incarcerated population to quadruple overnight.

With the end of Reconstruction in 1877, Southern states enacted harsh laws that penalised people who left their jobs and made it a crime to be unemployed. During this time, convict leasing was largely replaced by chain gangs, where prisoners were chained together and forced to perform menial or physically exhausting work.

In 1929, the Hawes-Cooper Act made the interstate trading of prison-made goods illegal, but it was not until 1941 that convict leasing was officially abolished due to concerns about racial inequalities during World War II. Despite this, prison labour continued to be a profitable enterprise, with companies like Walmart, Victoria's Secret, and Whole Foods utilising prison labour in the 1990s and 2000s.

Today, prison labour in the US is a multi-billion-dollar industry, with incarcerated workers providing at least $9 billion in services and producing more than $2 billion in goods annually. While there may be some benefits to prisoners who work while incarcerated, they are often stripped of their fundamental rights, forced to work in intolerable conditions, and paid meagre wages, far below the minimum wage.

The legality of prison labour

Prison labour, also known as penal labour, is a term for various kinds of forced labour that prisoners are required to perform, typically manual labour. The work may be light or hard, and it can be used as a form of punishment or as a means to secure labour. While the 13th Amendment of the US Constitution bans slavery and involuntary servitude, it explicitly allows penal labour as a form of punishment for a crime.

The exception clause in the 13th Amendment, which allows for penal labour as punishment for a crime, has been particularly controversial. This clause has been linked to the criminalization and effective re-enslavement of Black people during the Jim Crow era, and it continues to have a disproportionate impact on the incarceration of Black and Brown individuals.

While prison labour is legal in the US due to the 13th Amendment exception, there are ongoing efforts to challenge and reform this aspect of the law. Critics argue that incarcerated individuals should be treated with dignity, provided with fair wages, ensured safe working conditions, and granted the same labour protections as other workers.

The debate surrounding the legality of prison labour is complex and multifaceted, involving considerations of human rights, racial justice, and the role of the carceral system in society.

Frequently asked questions