Prisoners in the US are part of a hidden workforce linked to hundreds of popular food brands

In this Aug. 18, 2011 photo, a prison guard rides a horse alongside prisoners as they return from farm work detail at the Louisiana State Penitentiary in Angola, La. After the Civil War, the 13th Amendment's exception clause, that allows for prison labor, provided legal cover to round up thousands of mostly young Black men. They then were leased out by states to plantations like Angola and some of the country's biggest privately owned companies, including coal mines and railroads. (AP Photo/Gerald Herbert)
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In a sweeping two-year investigation, The Associated Press found goods linked to U.S. prisoners wind up in the supply chains of a dizzying array of products from Frosted Flakes cereal and Ball Park hot dogs to Gold Medal flour and Coca-Cola. They are on the shelves of most supermarkets, including Kroger, Target, Aldi and Whole Foods.

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PEOPLE OF COLOR DISPRORTIONATELY AFFECTED

The U.S. has a history of locking up more people than any other country – currently around 2 million – and goods tied to prison labor have morphed into a massive multibillion-dollar empire, extending far beyond the classic images of people stamping license plates or working on road crews.

The prisoners who help produce these goods are disproportionately people of color. Some are sentenced to hard labor and forced to work – or face punishment – and are sometimes paid pennies an hour or nothing at all. They are often excluded from protections guaranteed to almost all other full-time workers, even when they are seriously injured or killed on the job. And it can be almost impossible for them to sue.

And it’s all legal, dating back largely to labor demands as the South struggled to rebuild its shattered economy after the Civil War. In 1865, the 13th Amendment to the U.S. Constitution outlawed slavery and involuntary labor– except as punishment for a crime. That clause is being challenged on the federal level, and efforts to remove similar language from state constitutions are expected to reach the ballot in about a dozen states this year.

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WIDE RANGE OF BUSINESSES BENEFIT FROM PRISON LABOR

The AP sought information from all 50 states through public records requests and inquiries to corrections departments, linking hundreds of millions of dollars’ worth of transactions to agriculture-based prison labor in state and federal facilities over the past six years. Those figures include everything from people leased out to work at private businesses to farmed goods and livestock sold on the open market. Many of these goods came from large operations in the South, though almost every state has some sort of agriculture program.

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WIDE RANGE OF JOBS

Almost all of the country’s state and federal adult prisons have some sort of work programs, employing around 800,000 people, according to a 2022 report by the American Civil Liberties Union. The vast majority of those jobs are tied to tasks like maintaining prisons, laundry or kitchen work. Some prisoners also work for states and municipalities, doing everything from cleaning up after hurricanes and tornadoes to picking up trash along bustling highways.

But they also are contracted out to private companies either directly from their prisons or through work-release programs. They’re often hired in industries with severe labor shortages, doing some of the country’s dirtiest and most dangerous jobs like working in poultry plants, meat-processing centers and sawmills.

The AP found that prisoners with just a few months or years left on their sentences work at private companies nationwide. Unlike work crews picking up litter in orange jumpsuits, they go largely unnoticed, often wearing the same uniforms as their civilian counterparts.

Incarcerated people also have been contracted to companies that partner with prisons. In Idaho, they’ve sorted and packed the state’s famous potatoes, which are exported and sold to companies nationwide. In Kansas, they’ve been employed at Russell Stover chocolates and Cal-Maine Foods, the country’s largest egg producer. Though the company has since stopped, in recent years they were hired in Arizona by Taylor Farms, which sells salad kits in many major grocery stores nationwide and supplies popular fast-food chains and restaurants like Chipotle Mexican Grill.

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WHAT DO THE PRISONS SAY?

Corrections officials and other proponents note that not all work is forced and that prison jobs save taxpayers money. They also say workers are learning skills that can be used when they’re released and given a sense of purpose, which could help ward off repeat offenses. In some cases, labor can mean time shaved off a sentence. And the jobs provide a way to repay a debt to society, they say.