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Articles 1 - 30 of 272
Full-Text Articles in Law
Free For All: Proposing Legislation To Eliminate Food Insecurity In Arkansas Public Schools, A. Mills Bryant
Free For All: Proposing Legislation To Eliminate Food Insecurity In Arkansas Public Schools, A. Mills Bryant
Journal of Food Law & Policy
Schools serve millions of students daily as one of the largest food distribution sites in the United States. However, more than 13.1 million children in the United States, and almost 150,000 in Arkansas, are food insecure. Before the COVID-19 pandemic, most Arkansas schools offered free and reduced lunch to students at or below the poverty line through participation in the National School Lunch Program (“NSLP”). During COVID-19, Congress passed The Families First Coronavirus Response Act (“FFCRA”) and The Coronavirus Aid, Relief, and Economic Security Act (“CARES”) (hereinafter “The Acts”). This legislation effectively eliminated food insecurity in participating American public schools, …
Chewing The Welfare Cud: A Digested Analysis Of A Consumer Versus Producer-Defined Standard Of Welfare Practices In Animals Raised For Human Consumption, Caitlin C. Robb
Chewing The Welfare Cud: A Digested Analysis Of A Consumer Versus Producer-Defined Standard Of Welfare Practices In Animals Raised For Human Consumption, Caitlin C. Robb
Journal of Food Law & Policy
Since the eighteenth century, animal well-being remains a concern for American citizens. Yet, underlying this concern is the thought that while humans should not be cruel to animals, animals are still private property subject to human ownership. Therefore, multi-faceted questions of what constitutes “animal welfare” find a place in modern American debate. One such question becomes: should the producer or the consumer define welfare practice standards of animals raised for human consumption?7 This note provides an answer to this question by first analyzing the robust history of animal welfare in the United States, along with the domestic and international impact …
Re-Regulating Dietary Supplements, Jessie L. Bekker, Alex Flores, Michael S. Sinha
Re-Regulating Dietary Supplements, Jessie L. Bekker, Alex Flores, Michael S. Sinha
Journal of Food Law & Policy
In 1994, Congress introduced the Dietary Supplement Health and Education Act (DSHEA) to create a regulatory framework for the dietary supplement industry. Despite the increased market size of dietary supplements, the Food and Drug Administration’s (FDA) pre-market authority to regulate the introduction of dietary supplements into the stream of commerce has remained subdued. Under DSHEA, the FDA has limited authority to review dietary supplements before entering the market. Unlike pharmaceuticals, which must be proven safe and effective prior to approval and marketing, dietary supplements can be sold to consumers without such reassurances. We call on Congress to amend DSHEA to …
The Contradictory Nature Of U.S. Laws And Nutrition Programs And Their Effects On Infant Feeding, Lily Patel
The Contradictory Nature Of U.S. Laws And Nutrition Programs And Their Effects On Infant Feeding, Lily Patel
Journal of Food Law & Policy
The contradictory nature of U.S. laws, including the laws concerning infant feeding, though supposedly aligned with policies to promote wellness in Americans, can exacerbate gender and race inequality and work against the National Strategy. The overarching goal of U.S. laws concerning infant feeding is to ensure that infants are fed, nourished, and receive proper nutrition. However, the laws often appear to be directly contradictory to one another in the priorities they are promoting.
Journal Of Food Law & Policy - Fall 2023, Journal Editors
Journal Of Food Law & Policy - Fall 2023, Journal Editors
Journal of Food Law & Policy
No abstract provided.
Va’S Work To Ensure Veterans’ Food Security, Christine Going
Va’S Work To Ensure Veterans’ Food Security, Christine Going
Journal of Food Law & Policy
The Department of Veterans Affairs (VA) is uniquely positioned as the nation’s largest integrated health care system, serving 9 million enrolled Veterans each year, to successfully embrace the power of an interdisciplinary team designed to meet the needs of Veterans challenged by food insecurity. In collaboration with the whole of government approach to ending hunger, VA is addressing food and nutrition security. The Food Security Office within the Veterans Health Administration (VHA) was established and has representation from nutrition, social work, and nursing focusing on the causes of food insecurity among Veterans. VA’s Food Security Office and the Nutrition and …
Special Issue: Hunger, Nutrition, And Health, Susan Rice
Special Issue: Hunger, Nutrition, And Health, Susan Rice
Journal of Food Law & Policy
Everyday millions of Americans face barriers to accessing food, housing, and other supports–––making the impossible decision of whether to put food on the table or cover other essential needs. Food insecurity and diet-related diseases, such as heart disease and diabetes, affect people of all ages and in all communities. It was for this reason that the Biden-Harris Administration hosted the White House Conference on Hunger, Nutrition, and Health in September 2022. As the President said at the Conference, “No child should go to bed hungry. No parent should die of a disease that can be prevented.” It will require all …
Journal Of Food Law & Policy - Spring 2023, Journal Editors
Journal Of Food Law & Policy - Spring 2023, Journal Editors
Journal of Food Law & Policy
No abstract provided.
Following The Framework: Intentional Genomic Alterations In Animals, Sarah Copper
Following The Framework: Intentional Genomic Alterations In Animals, Sarah Copper
Journal of Food Law & Policy
Intentional genomic alterations in animals or genetically engineered animals have existed in their modern form since the 1980s. However, the introduction of these animals into our food supply has been a more recent development. The federal government has taken steps in an attempt to regulate these products in a streamlined and efficient manner but has faced criticism in their approach. While the Food and Drug Administration (“FDA”) is currently responsible for the regulation of intentional genomic alterations (“IGAs”) in animals, there is significant effort behind transferring that oversight to the United States Department of Agriculture (“USDA”). However, in the meantime, …
Do States Prefer Alcohol Over Marijuana? A Look At Labeling Regulatory Differences Between The Alcohol And Edibles Industries, Mckinley H. Groves
Do States Prefer Alcohol Over Marijuana? A Look At Labeling Regulatory Differences Between The Alcohol And Edibles Industries, Mckinley H. Groves
Journal of Food Law & Policy
In the children’s book "Through the Looking Glass and What Alice Found There", Alice interacts with Humpty Dumpty. During their conversation, Humpty notes that he, alone, can decide the meaning of words. Even Alice, at the young age of seven, casts doubt on this idea. Definitions of words and phrases play an important role in human interactions and even more so when the words and phrases defined are within a statute. In the United States, Congress and state legislatures play the role of Humpty Dumpty by coming up with meanings of important words and phrases found in the laws they …
Federal Food Safety Framework: Where Does Seaweed Fit In?, Catherine M. Janasie
Federal Food Safety Framework: Where Does Seaweed Fit In?, Catherine M. Janasie
Journal of Food Law & Policy
When one mentions seaweed as food, what do you think of? The dried nori used to wrap your sushi roll or perhaps the seaweed salad on the side? In fact, seaweed has many uses, including as both a food source in its own right and as a food additive. While the seaweed market has been dominated by East Asian countries, seaweed is cultivated in about 50 countries, and the U.S. seaweed industry is steadily growing. The global seaweed industry is currently worth about $6 billion annually. Food products for human consumption account for about 85% of this value.
The Cow Has Left The Barn: Updating Standards Of Identity To Reflect Consumer Understanding Of Plant-Based Foods, Nicholas G. Miller
The Cow Has Left The Barn: Updating Standards Of Identity To Reflect Consumer Understanding Of Plant-Based Foods, Nicholas G. Miller
Journal of Food Law & Policy
Have you ever seen “tofurkey” at the supermarket and thought it was a rare, delicious cousin of the turkey? The animal based food industries, led by milk and meat producers, are claiming that the reasonable consumer might. On the other hand, the plant based food substitutes are appearing on supermarket shelves with increasingly bold names for their products that tap into our familiarity with animal-based foods, using names like “Beyond Meat.” Where do we draw the line on what plant based food can be called? And who should draw that line? This paper examines the debate surrounding the labeling of …
The Cost Of Compassion: Why State Ballot Initiatives Complicate Farm Animal Welfare And Overlook The True Problems In Modern Agriculture, Seth Victor
Journal of Food Law & Policy
Farm animal welfare is a concern for many Americans, both among those who value a higher standard of care for the animals’ own sake, and those concerned with food safety. Industrial agriculture has become the dominant form of animal production to satiate a daunting demand for meat, eggs, and dairy products. Industrial animal-raising facilities, also known as concentrated animal feeding operations (“CAFOs”), prioritize volume and efficiency and are a key factor in keeping consumer prices low. CAFOs are highly specialized and excel at production by minimizing inputs, maximizing confined animals, and externalizing environmental costs. This production method comes at the …
A Uniform Approach To Farm Animal Welfare Laws: Thought For Our Food Instead Of Food For Our Thought, Channing Burd
A Uniform Approach To Farm Animal Welfare Laws: Thought For Our Food Instead Of Food For Our Thought, Channing Burd
Journal of Food Law & Policy
We have all seen the commercials and know “Happy Cows Come from California,” but there is a larger issue hidden inside the phrase. Why should not all farm animals be happy, regardless of which state they were raised in? Why are only the cows in California happy, but not the chickens and the hogs as well? Farm animal welfare in the United States needs regulatory overhaul, and we needed it decades ago. This article will illustrate why regulatory overhaul is needed. First, we will examine how a new system of laws, which are part of a uniform code enacted by …
"Show-Me" No Rice Pharming: An Overview Of The Introduction Of And Opposition To Genetically Engineered Pharmaceutical Crops In The United States, Jillian S. Hishaw
"Show-Me" No Rice Pharming: An Overview Of The Introduction Of And Opposition To Genetically Engineered Pharmaceutical Crops In The United States, Jillian S. Hishaw
Journal of Food Law & Policy
Farmers in California and Missouri have one thing in common- opposition to the production of genetically modified (GM) "pharma" crops.' A pharmaceutical crop, or "pharma" crop, is a plant that has been genetically altered so that it produces proteins which are used as drugs. Pharmaceutical companies can then harvest the crop and isolate the proteins, which may be used to make human or veterinary drugs. Farmers' fears include a variety of health and environmental hazards; in particular, they fear contamination of their regular crops and the associated market loss. These concerns surfaced in both states where Ventria Bioscience announced plans …
United States Food Law Update, Michael Tingey Roberts
United States Food Law Update, Michael Tingey Roberts
Journal of Food Law & Policy
Update on new developments in United States food law.
European Union Food Law Update, Nicole Coutrelis
European Union Food Law Update, Nicole Coutrelis
Journal of Food Law & Policy
Update on new developments in European food law.
Caveat Venditor: Products Liability And Genetically Modified Foods, Kristopher A. Isham
Caveat Venditor: Products Liability And Genetically Modified Foods, Kristopher A. Isham
Journal of Food Law & Policy
Genetically modified organisms (GMOs) have become a lightning rod for conflict between farmers, corporations, shareholders, government agencies, and other concerned groups. Supporters tout GMOs as a solution to the problems of diminishing returns from traditional crop plants and the rising demand for greater quantities of food. Opponents critcize GMOs for potential toxic and allergic reactions in humans, loss of biodiversity, and pesticide and antibiotic resistance in other plants and insects. As the understanding of potential applications of biotechnology broadens, the risks and benefits of such products are being scrutinized more closely.
Protecting Islam's Garden From The Wilderness: Halal Fraud Statutes And The First Amendment, Elijah L. Milne
Protecting Islam's Garden From The Wilderness: Halal Fraud Statutes And The First Amendment, Elijah L. Milne
Journal of Food Law & Policy
Like all religions, Islam needs protection from governmental encroachment. As early as 1644, Roger Williams, the founder of Rhode Island, recognized that state involvement in religious matters defiles religion. "When they have opened a gap in the hedge or wall of separation between the garden of [religion] and the wilderness of the world," wrote Williams, "God hath ever broke down the wall itself, removed the candlestick, and made His garden a wilderness ... ." Although Williams was mostly concerned about the government's impact on Christianity, his oft-quoted metaphor applies equally to the government's influence on Islam. This Article will discuss …
Fattening Food: Should Purveyors Of Fast Food Be Required To Warn? A Call For A New Tort, Charles E. Cantu
Fattening Food: Should Purveyors Of Fast Food Be Required To Warn? A Call For A New Tort, Charles E. Cantu
Journal of Food Law & Policy
Being overweight continues to be an important issue for many Americans. The latest diet fad is likely to include at least one title on the current bestseller list, and newspapers carry daily articles on the most recent study regarding risks related to obesity. Heeding these concerns, the federal government has added its own impetus by requiring the packaged food industry to list, not only nutritional information, but also calories. Individuals alleging injury and seeking recourse have made an attempt to place fault upon purveyors of fast food. To date, American jurisprudence has not helped. The courts have suggested that, from …
Chew On This: Learning From Colorado's Edible Marijuana Market, Christina Cole
Chew On This: Learning From Colorado's Edible Marijuana Market, Christina Cole
Journal of Food Law & Policy
Arguably, not since the repeal of Prohibition has there been a scenario in which a change in public opinion resulted in the legalization of a previously unlawful product, in this instance majijuana, resulting in a significant positive economic impact, as well as a financial windfall for governmental entities. On the surface, it may seem like a win-win situation, but, in reality, for an unsuspecting, uninformed consumer, like the nineteen-year-old student from Wyoming and the New York Times columnist, it could become a no-win situation.
Sickeningly Sweet: Analysis And Solutions For The Adverse Dietary Consequences Of European Agricultural Law, Emile K. Aguirre
Sickeningly Sweet: Analysis And Solutions For The Adverse Dietary Consequences Of European Agricultural Law, Emile K. Aguirre
Journal of Food Law & Policy
Sixty-nine percent of adults in the United States, sixty-four percent in the United Kingdom, and over one-third worldwide are overweight or obese. These staggering figures continue to grow, with accompanying emotional, physical, and economic consequences, both for individuals and society as a whole. The role law plays in facilitating this global trend is significant, and yet puzzlingly, little recognized or understood The current food system is profoundly structurally flawed: it establishes unhealthy dietary behaviors as the default option for consumers. This Article is the first to examine how agricultural law has facilitated these unhealthier diets for the past fifty years, …
Man's Best Friend? Fda Adopts New Rule In Wake Of Pet Deaths, But Will It Have A Significant Impact On The Pet Food Industry?, Amanda Paige Marcum
Man's Best Friend? Fda Adopts New Rule In Wake Of Pet Deaths, But Will It Have A Significant Impact On The Pet Food Industry?, Amanda Paige Marcum
Journal of Food Law & Policy
Eight years after the largest pet food recall in U.S. history,' pet owners are still grappling with mysterious pet illnesses and deaths associated with commercial pet food. This comment discusses a number of issues related to the Food Safety Modernization Act ("FSMA") . First, it looks at a brief history of pet food industry regulation. Second, it examines the mystery of pet deaths related to jerky treats made in China. Third, it discusses recent developments in the law in response to those pet deaths. Fourth, it considers the implications of the rule and how it will affect the standards applicable …
Mediating The Gm Foods Debate: Lessons From The Enduring Conflict Framework, Lisa F. Clark Dr,, Michaela J. Keet, Camille D. Ryan Dr.
Mediating The Gm Foods Debate: Lessons From The Enduring Conflict Framework, Lisa F. Clark Dr,, Michaela J. Keet, Camille D. Ryan Dr.
Journal of Food Law & Policy
Critics of the commercialization of Genetically Modified (GM) foods in Canada and the United States oppose the economic and political forces that create and approve the technology: the industry that develops it and the governments that approve its use. The conventional narrative pits the concerned public, labeled "anti-GM," against the "pro-GM" interests of industry supported by business-friendly governments. Based on this binary view of the interests and motivations of stakeholders, conflict between
Plantain Cultivation In Puerto Rico: Its Inclusion In The National Crop Table Of The United States Department Of Agriculture’S Farm Service Agency, And Its Loss Compensation In Disaster Programs, Javier A. Rivera-Aquino
Plantain Cultivation In Puerto Rico: Its Inclusion In The National Crop Table Of The United States Department Of Agriculture’S Farm Service Agency, And Its Loss Compensation In Disaster Programs, Javier A. Rivera-Aquino
Journal of Food Law & Policy
If justice is to provide each person what they deserve, it seems plantain producers in Puerto Rico did not relish a just compensation for their farm losses after Hurricane Maria in 2017. The main culprit? Stale data. Farm Service Agency’s (FSA) Wildfire and Hurricanes Indemnity Program (WHIP) utilized plantain production data under the National Crop Table (NCT) 2017, which seemingly did not reflect up-to-date yield averages of Puerto Rico’s plantain farmers at the time of Hurricane Maria.
Black-Owned Beef: Should Black Beef Producers Stake Space In Food Justice?, Shirah Dedman
Black-Owned Beef: Should Black Beef Producers Stake Space In Food Justice?, Shirah Dedman
Journal of Food Law & Policy
While there is growing interest in Black cowboys, the narrative is largely tethered to parades and urban and suburban saddle clubs, much like the fictional movie on Netflix, Concrete Cowboy. Missing from the narrative are today’s real Black cowboys: rural ranchers and farmers raising cattle for beef production and consumption.
The Broken Beef Cattle Industry: Cool, Covid And Cattletrace, Hayden L. Ballard
The Broken Beef Cattle Industry: Cool, Covid And Cattletrace, Hayden L. Ballard
Journal of Food Law & Policy
While the Kansas City Stockyards themselves are gone, just like in the early 20th Century, a beef monopoly has once again found its way into the industry, and a way around the Packers and Stockyards Act of 1921 and is again suffocating the industry. While at the time of the act’s passage in 1921 five companies controlled the market, today the market is even more consolidated in the “Big Four,” as the four biggest meat packing companies in America are commonly known (Cargill, Tyson, JBS and National Beef/Marfrig), and are again arguably stifling the free-market. If Americans do not act …
Agricultural Carbon: The Land, Landowner, And Farmer, Barclay Rogers
Agricultural Carbon: The Land, Landowner, And Farmer, Barclay Rogers
Journal of Food Law & Policy
Carbon is certainly a hot topic in agriculture. Across the countryside, farmers, landowners, agricultural service providers, and many others are trying to understand what carbon is about and what it may mean to them. One of the more interesting topics around agricultural carbon concerns the relationship between the landowner and tenant farmers on absentee-owned land (i.e., land that is farmed by someone other than the person who owns it). This article provides a brief background on the agricultural carbon opportunity and explores some ideas about how to pursue the opportunity on absentee-owned farmland.
The Arkansas Ll.M. Program: Forty Years Of Leadership, Susan A. Schneider
The Arkansas Ll.M. Program: Forty Years Of Leadership, Susan A. Schneider
Journal of Food Law & Policy
The University of Arkansas School of Law has been a leader in agricultural law education for over forty years through its innovative LL.M. Program in Agricultural and Food Law. This essay memorializes the history of this signature Program and charts its progress through the decades as agricultural law issues evolved and the discipline expanded.
China's Food Pagodas: Looking Forward By Looking Back?, Yifei Li, Dale Jamieson
China's Food Pagodas: Looking Forward By Looking Back?, Yifei Li, Dale Jamieson
Journal of Food Law & Policy
In this Article we provide a close analysis of the Chinese Dietary Guidelines – the Food Pagoda. Our focus on the dietary guidelines is motivated by two main considerations. First, the guidelines represent the most comprehensive, nationwide, state sponsored effort to educate the people of China about food. Like citizens in most countries, Chinese people are presented with numerous, often competing, messages from scientists, food gurus and online influencers. The dietary guidelines are different in that they are backed by an entire suite of governmental resources for nationwide dissemination through hospitals, schools, public billboards, TV and radio ads, among others. …