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Articles 1 - 30 of 45
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Food Localization: Empowering Community Food Systemsthrough The Farm Bill, Brian Albert Fink, Alexandra Oakley Schluntz, Joshua Ulan Galperin
Food Localization: Empowering Community Food Systemsthrough The Farm Bill, Brian Albert Fink, Alexandra Oakley Schluntz, Joshua Ulan Galperin
Journal of Food Law & Policy
More diverse and value-driven public engagement has transformed the American food system. This engagement has changed the behavior of industries, consumers, policymakers, and communities. At the heart of this change is the drive among countless individuals and organizations to promote a wider variety of food choices and shape the food system in harmony with their values. Despite the local and sovereign nature of this engagement, federal food and agricultural policies have contributed substantially to this transformation of the American food system. In isolation, many of these policies support discrete programs and individuals. In the aggregate, these policies strengthen different facets …
The End Of The Ramen Diet:Higher Education Students And Snap Benefits, Erika M. Dunyak
The End Of The Ramen Diet:Higher Education Students And Snap Benefits, Erika M. Dunyak
Journal of Food Law & Policy
Americans joke that college students have so little money that they subsist on 10 cent packs of ramen. Statistically, college students face much higher rates of food insecurity than the general population and the situation is particularly dire for students of color. Much has been written on this area in recent months and years and many commentators are seeking to denormalize poverty, hunger, and the “freshman 15” on campuses. This article will look to a solution for this hungry and often neglected population. In 2010, the Health, Hunger-Free Kids Act (HHFKA) reauthorized the Federal School Lunch Program. HHFKA contained several …
Strengthening The National Organic Program With Stateorganic Programs, Kelly Damewood
Strengthening The National Organic Program With Stateorganic Programs, Kelly Damewood
Journal of Food Law & Policy
With an increasing amount of organic imports and steady growth in the organic sector, the U.S. Department of Agriculture’s (USDA) National Organic Program (NOP) needs additional enforcement resources to oversee a growing and evolving organic marketplace. California has the most efficient, robust organic enforcement in the U.S. because it has a state-administered organic enforcement program, the California State Organic Program (SOP). Based on the costs and benefits of the SOP, additional state organic programs are a viable means to increasing NOP enforcement resources when they are established in states where additional enforcement adds value to the state’s organic sector, organic …
The Snap Sugar-Sweetened Beverage Debate: Restrictingpurchases To Improve Health Outcomes Of Low-Incomeamericans, Nicole E. Negowetti
The Snap Sugar-Sweetened Beverage Debate: Restrictingpurchases To Improve Health Outcomes Of Low-Incomeamericans, Nicole E. Negowetti
Journal of Food Law & Policy
The Supplemental Nutrition Assistance Program (SNAP) is a highly effective government program that reduces poverty and improves food security for millions of our country’s most vulnerable families. Amid threats of budget cuts to this critical program in the 2018 Farm Bill, advocates representing various interests have banded together in support of this vital program. However, the issue of restricting the purchase of sugar-sweetened beverages (SSB) with SNAP benefits has divided anti-hunger and public health advocates. While public health and medical officials support the idea of restrictions on junk food, arguing that SNAP should improve health and nutrition, not contribute to …
Proactive Policies: Building The Farm Bill Of The Futurethrough New Collaborations And Perspectives, Jennifer Zwagerman
Proactive Policies: Building The Farm Bill Of The Futurethrough New Collaborations And Perspectives, Jennifer Zwagerman
Journal of Food Law & Policy
The Farm Bill highlights both one of the great divides in our political process, as well as one of the most beneficial partnerships in politics. Historically, partnerships between rural and urban have been key to successful passage of the Farm Bill. However, calls to divide nutrition support and agricultural support programs continue, and there are increasingly diverse viewpoints regarding agricultural programs. To build the Farm Bill of the future, one that is comprehensive and addresses the needs of not just producers, but ultimately everyone impacted by this Bill, there needs to be a broader coalition of partnerships and voices involved …
Insuring A Future For Small Farms, Mary Beth Miller, D. Lee Miller
Insuring A Future For Small Farms, Mary Beth Miller, D. Lee Miller
Journal of Food Law & Policy
Congress created Whole Farm Revenue Protection (WFRP) in the 2014 Farm Bill to provide small, diversified, and organic operations with an insurance product tailored to their unique needs. The program stands out from other federal crop insurance programs with its blend of features that, inter alia, incentivize risk management through crop/animal diversification, increase premium subsidies for beginning producers, allow organic price elections, and recognize on-farm processing expenses. For the farmers who use it, WFRP provides more than peace of mind in the face of unpredictable weather and prices. It provides a revenue guarantee that opens up critical financing channels otherwise …
A Farm Bill To Help Farmers Weather Climate Change, Peter H. Lehner, Nathan A. Rosenberg
A Farm Bill To Help Farmers Weather Climate Change, Peter H. Lehner, Nathan A. Rosenberg
Journal of Food Law & Policy
The Farm Bill has an enormous impact on climate change. Greenhouse gas emissions from agriculture account for almost 10 percent of total U.S. emissions and up to a quarter of all emissions globally. The Farm Bill encourages the use of carbon-intensive agricultural practices and products responsible for these emissions, but nonetheless offers several opportunities to quickly expand carbon sequestration, making it a critical piece of climate legislation. This essay will examine the climate impact of the Farm Bill, focusing on the commodity, conservation, and crop insurance programs. It then proposes politically feasible changes to these programs aimed at minimizing agricultural …
Building Indian Country’S Future Through Food, Agriculture,Infrastructure, And Economic Development In The 2018 Farmbill, Janie Simms Hipp, Colby D. Duren, Erin Parker
Building Indian Country’S Future Through Food, Agriculture,Infrastructure, And Economic Development In The 2018 Farmbill, Janie Simms Hipp, Colby D. Duren, Erin Parker
Journal of Food Law & Policy
With the potential of approximately $1 trillion in spending over 10 years in rural America, the U.S. Department of Agriculture (USDA) programs authorized by the Farm Bill have the ability to build and support thriving economies in rural America. Nowhere is this potential greater, or needed, than in rural Tribal communities. This paper will examine why the unique circumstances of Tribal governments, individual Native American food producers, and Tribal citizens necessitate changes in several USDA programs to serve Indian Country. Further, it will review several policy changes in various titles of the next Farm Bill reauthorization that will help empower …
The Fate Of Industrial Hemp In The 2018 Farm Bill – Will Our Collective Ambivalence Finally Be Resolved?, Marne Coit
The Fate Of Industrial Hemp In The 2018 Farm Bill – Will Our Collective Ambivalence Finally Be Resolved?, Marne Coit
Journal of Food Law & Policy
We are at a crossroads in the regulation of industrial hemp, and the 2018 Farm Bill is the time to decide which path we will choose. Congress has an opportunity to clear the path for farmers in the US to participate in this burgeoning market. With an estimated 25,000 uses, industrial hemp is one of those rare crops that has both food and agricultural uses. There is undoubtedly a market for hemp products. The Hemp Industries Association (HIA) estimates that US retail sales of hemp-based products was $688 million in 2016 – up from $573 million in 2015. Under the …
Cooperation Or Compromise? Understanding The Farm Billas Omnibus Legislation, Margaret Sova Mccabe
Cooperation Or Compromise? Understanding The Farm Billas Omnibus Legislation, Margaret Sova Mccabe
Journal of Food Law & Policy
The Farm Bill (the Bill) is the principal driver of U.S. food law and policy. Its substance spans the food system including commodities, conservation, trade, nutrition, credit, rural development, forestry, and energy. These substantive titles command much scholarly analysis yet there is comparatively little review of the law-making process that yields the Bill. Given increased focus on Congress’s ability to use its legislative powers effectively, this essay questions whether the Bill’s traditional treatment as omnibus legislation leads to beneficial coherence or too much compromise in food system policy. Interestingly, disparate stakeholders prioritize maintaining the Bill as omnibus legislation. Some scholars …
School Of Law Faculty And Professional Staff, Journal Editors
School Of Law Faculty And Professional Staff, Journal Editors
Journal of Food Law & Policy
No abstract provided.
Editoral Board, Journal Editors
Contents, Journal Editors
Journal Of Food Law & Policy - Spring 2018, Journal Editors
Journal Of Food Law & Policy - Spring 2018, Journal Editors
Journal of Food Law & Policy
No abstract provided.
The Blight Of The Bumblebee: How Federal Conversation Efforts And Pesticide Regulations Inadequately Protect Invertebrate Pollinators From Pesticide Toxicity, Emily Helmick
Journal of Food Law & Policy
This article explores the Endangered Species Act's conservation efforts towards the Rusty-Patched Bumblebee as a case study that highlights the gaps in protections afforded to invertebrate pollinators. It focuses on how the law does not adequately protect endangered invertebrate pollinators from inadvertent pesticide poisoning and introduces the threat that this poses to our food system.
Muddying The Waters: Catfish Inspection Authority Transitions To The Food Safety And Inspection Service, Michelle Johnson-Weider
Muddying The Waters: Catfish Inspection Authority Transitions To The Food Safety And Inspection Service, Michelle Johnson-Weider
Journal of Food Law & Policy
The Food and Drug Administration regulates the safety and labeling of almost all food in the United States other than meat, poultry, and egg products, which fall under USDA’s Food Safety and Inspection Service (FSIS). Effective September 1, 2017, FSIS assumed inspection responsibility for catfish after years of Congressional lobbying by the small domestic catfish industry. This article examines how this unlikely legislative victory was won against free trade advocates representing much larger economic interests.
The Role Of Non-Profit Organizations In Shaping Food Law And Corporate Responsibility In The United States, Melissa M. Card
The Role Of Non-Profit Organizations In Shaping Food Law And Corporate Responsibility In The United States, Melissa M. Card
Journal of Food Law & Policy
This article assesses whether the United States should adopt an institutional process similar to Europe’s through giving non-profit organizations a role in shaping food law and corporate responsibility. Part I provides a comparative analysis of genetically engineered product regulations in the US and the EU. Part II explains how the institutional processes of the US and the EU led to the varying regulations. Part III asserts that the United States should change its institutional process through allowing public universities and private colleges to influence food law and corporate responsibility.
The Fda's Guidance On Dietary Supplement Naming And The Emperor's New Clothes, Neal D. Fortin
The Fda's Guidance On Dietary Supplement Naming And The Emperor's New Clothes, Neal D. Fortin
Journal of Food Law & Policy
In 2016 the FDA revised the agency’s guidance on dietary supplement labeling. This modification permits the term “dietary supplement” be the entire statement of identity for a dietary supplement. This is an error in the interpretation of the plain language of the Food, Drug, and Cosmetic Act, the plain language of 21 C.F.R. § 101.3(g); and does not comport with numerous rules of statutory interpretation. Moreover, this change violates the Administrative Procedures Act and the FDA’s rules on notice and comment. This change is a disguised rescission of 21 C.F.R. § 101.3(g) without a proper opportunity for the public to …
Food Law & Policy: An Essential Part Of Today's Legal Academy, Emily M. Broad Leib, Baylen J. Linnekin
Food Law & Policy: An Essential Part Of Today's Legal Academy, Emily M. Broad Leib, Baylen J. Linnekin
Journal of Food Law & Policy
This Article updates the authors’ seminal 2014 Wisconsin Law Review article, "Food Law & Policy: The Fertile Field’s Origins and First Decade," which was the first scholarly work to detail the fascinating origins and explosive growth of the legal field of Food Law & Policy. Using the same ten criteria the authors developed to measure the growth of Food Law & Policy for the 2014 article, this Article measures and details the field’s impressive growth since that time.
School Of Law Faculty And Professional Staff, Journal Editors
School Of Law Faculty And Professional Staff, Journal Editors
Journal of Food Law & Policy
No abstract provided.
Editoral Board, Journal Editors
Contents, Journal Editors
Journal Of Food Law & Policy - Fall 2017, Journal Editors
Journal Of Food Law & Policy - Fall 2017, Journal Editors
Journal of Food Law & Policy
No abstract provided.
Aldf V. Otter: What Does It Mean For Other State’S “Ag-Gag” Laws?, Jacob Coleman
Aldf V. Otter: What Does It Mean For Other State’S “Ag-Gag” Laws?, Jacob Coleman
Journal of Food Law & Policy
Across the nation, states have enacted “Ag-gag” laws that criminalize various types of investigations into animal cruelty and worker abuses in the chain of animal agriculture. This article divides the types of “ag-gag” statutes into four waves with varying degrees of protection for farmers and corporations engaged in animal agriculture. Next, this article analyzes Animal Legal Defense Fund v. Otter, in which an Idaho judge struck down an “ag-gag” statute, and applies its holding to the various waves of “ag-gag” statutes.
Farmers Market Rules And Policies: Content And Design Suggestions (From A Lawyer), Jay A. Mitchell
Farmers Market Rules And Policies: Content And Design Suggestions (From A Lawyer), Jay A. Mitchell
Journal of Food Law & Policy
Farmers market rules and policies can set out what products can be sold, how vendors are selected, what’s expected of vendors from growing practices to signage to paperwork, and how vendors are disciplined or removed from the market. Rules and policies can do even more, adding to their length and complexity. The landscape gets even more complex when the rules are accompanied by separate vendor applications, hold-harmless agreements, membership materials, and the market has a website providing additional information. All this can put a quite a reading burden on vendors and quite a management burden on the market. This article …
An Interview With Outgoing Secretary Of Agriculture Tom Vilsack: Reflections On His Legacy & Challenges Facing A New Era In American Agriculture Policy, Lauren Manning
Journal of Food Law & Policy
In a special interview with Lauren Manning, former Secretary of Agricultural Tom Vilsack reflects on his eight-year tenure at the Department of Agriculture (USDA). Sec. Vilsack discusses such issues as the farm bill, opportunities for beginning and disadvantaged farmers, and trade. In addition to recounting the successes of the Obama administration’s USDA, Sec. Vilsack explains his hopes for the incoming Secretary of Agriculture and the Trump administration.
Food Labor And The Trump Administration: A Grim Prognosis, Erik Loomis
Food Labor And The Trump Administration: A Grim Prognosis, Erik Loomis
Journal of Food Law & Policy
Farm laborers made few gains under the Obama administration; however, food workers received some benefit under the Obama’s Secretary of Labor, Tom Perez. Unfortunately, any gains for food workers will likely be rolled back under the Trump administration through both his cabinet appointments and judicial appointments. This essay predicts a strengthening of “ag-gag” bills and a weakening of Occupational Safety and Health Agency (OSHA). President Trump’s attacks on immigration and regulations also signal fewer workers’ rights in the fields and less accountability of exploitative employers.
Trump’S New Trade Policy: Risks For North American Food And Farms, Karen Hansen Kuhn
Trump’S New Trade Policy: Risks For North American Food And Farms, Karen Hansen Kuhn
Journal of Food Law & Policy
In his presidential campaign, Trump promised to build a “great, great wall”, and he promised to renegotiate the terms of the North American Free Trade Agreement (NAFTA), leaving open the possibility of pulling out entirely. There are many concerns with NAFTA as it currently exists and there are many areas in which renegotiation would be welcome. This essay argues, however, the Trump administration’s loyalties to big business could hinder positive change. If NAFTA is significantly renegotiated, it should be with farmer and consumer interests in mind, not those of multinational corporations.
Implementing The National Bioengineered Food Disclosure Standard, Lesley K. Mcallister
Implementing The National Bioengineered Food Disclosure Standard, Lesley K. Mcallister
Journal of Food Law & Policy
In July 2016, the National Bioengineered Food Disclosure Law was passed to establish a mandatory national system for disclosing the presence of genetically-engineered material in food (GMOs). The federal law preempts state and local initiatives to create labeling systems. This essay first analyzes the benefits and drawbacks of having a national GMO law rather than a patchwork of state laws. Then it provides commentary on how the USDA can create an effective and accessible labeling system, using scannable Quick Response (QR) codes.. The essay envisions a retail food system in which all consumers can easily and usefully obtain reliable information …
Organic Agriculture Under The Trump Administration, Marne Coit
Organic Agriculture Under The Trump Administration, Marne Coit
Journal of Food Law & Policy
This essay will examine the implications of the policies of the upcoming Trump administration on the integrity of the National Organic Program (NOP), the regulations promulgated under the Organic Foods Production Act (OFPA). Advocates fears of weakening organic standards are likely to become reality under the Trump administration. Support for organic may be dependent on high returns for large agricultural producers. However, there is a negative correlation between larger agri-businesses entering the organic market and the erosion of the organic standards. The Trump administration will likely continue down the path of supporting larger agribusinesses—to the detriment of not only smaller, …