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Articles 1 - 30 of 31
Full-Text Articles in Law
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.
Novel Food Ingredients: Food Safety Law, Animal Testing, And Consumer Perspectives, Taimie Bryant
Novel Food Ingredients: Food Safety Law, Animal Testing, And Consumer Perspectives, Taimie Bryant
Marquette Law Review
In recent years, some major food companies have publicly stated that they will no longer test their product ingredients on animals. Yet despite the availability of more reliably predictive non-animal toxicity tests, some companies continue testing novel food ingredients on animals. This Article uses the lens of a particular innovative plant-based food company’s decision to test a novel food ingredient on animals as a means of considering more generally whether any food producer has rational legal reasons for testing on animals. The Article explores FDA requirements, consumer food safety litigation, and judicial evaluation of animal test data, all of which …
Eaters, Powerless By Design, Margot J. Pollans
Eaters, Powerless By Design, Margot J. Pollans
Michigan Law Review
Food law, including traditional food safety regulation, antihunger programs, and food system worker protections, has received increased attention in recent years as a distinct field of study. Bringing together these disparate areas of law under a single lens provides an opportunity to understand the role of law in shaping what we eat (what food is produced and where it is distributed), how much we eat, and how we think about food. The food system is rife with problems— endemic hunger, worker exploitation, massive environmental externalities, and diet-related disease. Looked at in a piecemeal fashion, elements of food law appear responsive …
United States Food Law Update: Food Safely Planning, Attribute Labeling, And The Irradiation Debate, Bryan Endres
United States Food Law Update: Food Safely Planning, Attribute Labeling, And The Irradiation Debate, Bryan Endres
Journal of Food Law & Policy
This article summarizes significant changes and developments in food law throughout the second half of 2007. The previous edition of the Food Law Update noted the recent increase in imported food and the resulting stress placed on food safety agencies and customs officials. Detailed inspections of every food shipment entering the United States would quickly exhaust limited agency resources and cripple efficient international trade of food products. On the other hand, after several well-publicized food scares and the ongoing threat of international contamination, the public increasingly demands high levels of physical surveillance. As a part of this ongoing discussion, this …
Produce Exceptionalism: Examining The Leafy Greens Marketing Agreement And Its Ability To Improve Food Safety, Varun Shekhar
Produce Exceptionalism: Examining The Leafy Greens Marketing Agreement And Its Ability To Improve Food Safety, Varun Shekhar
Journal of Food Law & Policy
Isolated food safety crises are not uncommon occurrences in the United States. Indeed, the history of public scares indicates a pattern of deficiencies in the safety of the American food supply. In the early 20th century, the public learned of the squalid conditions of meatpacking facilities through muckraking publications such as Upton Sinclair's The Jungle. In the 1980s, a 60 Minutes report documented research finding carcinogenic properties of a widespread pesticide, traces of which were commonly found in apple-based products. In the 1990s, widespread media reports of beef tainted with E. coli led to both product recalls unprecedented in scope …
United States Food Law Update: Moving Toward A More Balanced Food Regulatory Regime, A. Bryan Endres, Nicholas R. Johnson
United States Food Law Update: Moving Toward A More Balanced Food Regulatory Regime, A. Bryan Endres, Nicholas R. Johnson
Journal of Food Law & Policy
For decades, the federal government has played a significant role in promoting healthy eating. In the early 1900s, the United States Department of Agriculture (USDA) promoted a foundational diet of milk, proteins, fruits and vegetables, and grains. Most Americans are at least somewhat familiar, although perhaps confused, with the more nuanced healthy eating recommendations contained in the food pyramid - first employed in 1992. And virtually every American has experienced the federally supported school lunch program. In the first half of 2011, these two iconic programs underwent significant change as part of a stepped-up effort to improve the health of …
Toward A Constructive Engagement: Agricultural Biotechnology As A Public Health Incentive In Less-Developed Countries, Chidi Oguamanam
Toward A Constructive Engagement: Agricultural Biotechnology As A Public Health Incentive In Less-Developed Countries, Chidi Oguamanam
Journal of Food Law & Policy
Discourses on global public health crises, especially as they impact the less-developed world, focus mostly on the issue of access to life-saving drugs for needy populations. Also, they implicate the misalignment of global pharmaceutical research and development (R&D) agenda with the health needs of the poor. Equally attracting significant attention is the role of intellectual property in driving up the cost of drugs and exacerbating the drug access freeze to needy populations. More often, the conceptual strings of these discussions are woven around a complex interaction of themes, including those of globalization, the development narrative, and strategic changes in international …
Keeping The Farm And Farmer In Food Policy And Law, Neil D. Hamilton
Keeping The Farm And Farmer In Food Policy And Law, Neil D. Hamilton
Journal of Food Law & Policy
Thank you for the opportunity to be with you, it is always a pleasure to return to the University of Arkansas Law School where I began my teaching career in the fall of 1981. We are pleased Drake University Law School and the University of Arkansas College of Law have built and maintained a partnership on teaching and research that stretches back over three decades. I am especially pleased to be with you as we celebrate the 10th Anniversary of the Journal of Food Law and Policy, another part of the University's pioneering work in the area of food policy …
The Market For Drug-Free Poultry: Why Robust Regulation Of Animal Raising Claims Is The Right Prescription To Combat Antibiotic Resistance, Dorinda L. Peacock
The Market For Drug-Free Poultry: Why Robust Regulation Of Animal Raising Claims Is The Right Prescription To Combat Antibiotic Resistance, Dorinda L. Peacock
Journal of Food Law & Policy
Since their introduction in the mid-twentieth century, antibiotics have become a mainstay of poultry production for purposes ranging from growth promotion to disease treatment and control. Nevertheless, for almost as long, there have been concerns about the role that these agricultural uses play in the development of antibiotic resistant bacteria. The issue of antibiotic resistance in general is fast becoming a public health crisis and scrutiny of agriculture as a contributing cause continues. Nevertheless, to date, neither regulatory efforts to curb agricultural usage nor private sector actions in response to consumer demand and public-interest campaigns have led to significant changes …
Food Law & Policy: An Essay, Peter Barton Hutt
Food Law & Policy: An Essay, Peter Barton Hutt
Journal of Food Law & Policy
Food has been the driving preoccupation of humans since the dawn of evolution. Exactly when food processing began and when the original hunter-gatherers settled down to develop agriculture-or even the question of which of these occurred first-remain issues of scholarly pursuit and debate. It is clear, however, that these events occurred millennia before the advent of recorded history; therefore, we must rely on largely adventitious discoveries of archeological artifacts to advance our developing knowledge of these events.
Beastly Bureaucracy' Animal Traceability, Identification And Labeling In Eu Law, Bernd M.J. Van Der Meulen, Annelies A. Freriks
Beastly Bureaucracy' Animal Traceability, Identification And Labeling In Eu Law, Bernd M.J. Van Der Meulen, Annelies A. Freriks
Journal of Food Law & Policy
This contribution discusses animal traceability, identification and labeling requirements in European Union (EU) law. The requirements are lex specialis to more general requirements in EU food law. The aim is to set out this body of EU law and provide some understanding regarding its background. Along with the article by Margaret Rosso Grossman, it enables the reader to compare the EU system to the United States system.
Canadian Food Law Update, Patricia L. Farnese
Canadian Food Law Update, Patricia L. Farnese
Journal of Food Law & Policy
Provided below is an overview of developments in Canadian food law and policy in 2010. This update primarily analyzes the regulatory and policy developments and litigation activities by the federal government. This focus reflects the significance of federal activities in the food policy realm.
United States Food Law Update, A. Bryan Endres
United States Food Law Update, A. Bryan Endres
Journal of Food Law & Policy
Michael T. Roberts and Margie Alsbrook noted in the Journal's inaugural Food Law Update that "[t]he one constancy about food law in the United States is change, especially in a rapidly-developing food industry." This observation holds true today and also augurs a change in authorship of this section of the Journal. I hope to follow my colleagues' lead and provide timely and cogent updates of the federal (and occasionally state) statutes, regulations, and judicial decisions impacting food law and policy. It is both an honor and a duty, as food and its legal implications remain in many respects "the world's …
Blockchain Meets Genomics: Governance Considerations For Promoting Food Safety And Public Health, Walter G. Johnson
Blockchain Meets Genomics: Governance Considerations For Promoting Food Safety And Public Health, Walter G. Johnson
Journal of Food Law & Policy
Foodborne illness remains an ongoing public health challenge in both the developing and industrialized worlds. In the United States, almost 50 million reported cases of infectious disease occur every year from a food product, resulting in substantial morbidity and mortality with economic burdens to health care and productivity. Despite recognition as a leader in food safety, the U.S. experiences longstanding and novel issues in food safety. Advances in whole genome sequencing (WGS) promise to bolster food safety regulators’ capabilities to identify pathogens and determine their source. However, inefficiencies in tracing food products through the supply chain remain.
Farming And Eating, Margot J. Pollans
Farming And Eating, Margot J. Pollans
Journal of Food Law & Policy
There has long been tension between rural and urban communities, often referred to as the urban-rural divide. Donald Trump’s presidential campaign has exacerbated this divide. However, urban and rural groups rely on each other; farmers need eaters in densely populated areas for markets and eaters need farmers for food. In recognition of this codependency, this essay proposes a coalition of farmers, food consumers, and environmentalists to lead agricultural policy and stop the divide between farming and eating.
Will The Trump Administration Support Farmers Facing Fsma Compliance?, Sophia Kruszewski
Will The Trump Administration Support Farmers Facing Fsma Compliance?, Sophia Kruszewski
Journal of Food Law & Policy
In keeping with Donald Trump’s campaign promises of cutting burdensome regulations, this essay recommends two Food Safety Modernization Act (FSMA) regulations that should be removed or altered. The two regulations are for irrigation water quality standards and third-party audits. This essay argues that these regulations are unnecessary in keeping with the goals of FSMA and are burdensome for farmers of all scales, but especially small and very small scale farmers.
Food With Integrity?: How Responsible Corporate Officer Prosecutions Under The Federal Food, Drug, And Cosmetic Act Deny Fair Warning To Corporate Officers, Clay D. Sapp
Arkansas Law Review
[W]hen it comes to food safety, we have to rely on the companies that manufacture and distribute food to ensure that the food we buy is safe. In fact, most consumers give little thought to the safety of their food. I know I don’t and I bet many of you don’t either. We simply don’t expect to get sick from the food at our favorite restaurant, or from peanut butter or the eggs or the cantaloupes or the countless other products that we buy at the supermarket. That is why food safety is a priority for the Justice Department. Our …
Pasture To Package: Ensuring Food Safety Compliance And Animal Welfare Integrity In Grass-Fed Beef Production, Lauren Manning
Pasture To Package: Ensuring Food Safety Compliance And Animal Welfare Integrity In Grass-Fed Beef Production, Lauren Manning
Mitchell Hamline Law Review
No abstract provided.
Moving In Opposite Directions? Exploring Trends In Consumer Demand And Agricultural Production, Susan A. Schneider
Moving In Opposite Directions? Exploring Trends In Consumer Demand And Agricultural Production, Susan A. Schneider
Mitchell Hamline Law Review
No abstract provided.
Fsma: The Future Of Food Litigation, Robert Shawn Hogue
Fsma: The Future Of Food Litigation, Robert Shawn Hogue
University of Miami Inter-American Law Review
No abstract provided.
Pitfalls Of The Food Safety Modernization Act: Enhanced Regulation, Minimal Consumer Benefit, And Zero Tolerance Levels For Naturally-Occurring Trace Pathogens, Lindsey Lazopoulos Friedman, Wesley Van Camp
Pitfalls Of The Food Safety Modernization Act: Enhanced Regulation, Minimal Consumer Benefit, And Zero Tolerance Levels For Naturally-Occurring Trace Pathogens, Lindsey Lazopoulos Friedman, Wesley Van Camp
University of Miami Inter-American Law Review
Congress enacted the Food Safety Modernization Act (“FSMA”), to regulate the fresh produce industry in the United States and increase consumer safety when handling and consuming raw produce. But FSMA risks imposing a zero tolerance policy on raw produce, even where a naturally occurring low-level pathogen, such as listeria, is found in negligible amounts. A zero tolerance policy for all naturally-occurring pathogens does not increase consumer safety, and only serves to increase the cost of raw produce for consumers. This article begins with a summary of the modern history of FSMA, including a brief overview of how the law has …
The Uneasy Case For Food Safety Liability Insurance, John Aloysius Cogan Jr.
The Uneasy Case For Food Safety Liability Insurance, John Aloysius Cogan Jr.
Brooklyn Law Review
Foodborne illnesses sicken millions and kill thousands of Americans every year, leading many to conclude that our dysfunctional government food safety system, which still relies heavily on physical inspections of food and facilities, is incapable of protecting us. As a result, many now look to the private market for solutions to our food safety crisis. One private market approach, food safety liability insurance, is gaining popularity. This article examines the benefits and drawbacks to food safety liability insurance and raises doubts about its ability to improve food safety. The market for safe food is plagued by overwhelming information problems that …
Prosser's Bait-And-Switch: How Food Safety Was Sacrificed In The Battle For Tort's Empire, Denis W. Stearns
Prosser's Bait-And-Switch: How Food Safety Was Sacrificed In The Battle For Tort's Empire, Denis W. Stearns
Nevada Law Journal
No abstract provided.
Food Safety And Security: What Tragedy Teaches Us About Our 100-Year-Old Food Laws, Caroline S. Dewaal
Food Safety And Security: What Tragedy Teaches Us About Our 100-Year-Old Food Laws, Caroline S. Dewaal
Vanderbilt Journal of Transnational Law
The United States food safety system is antiquated and failing. The laws that form the foundation of our food protection and govern the United States Department of Agriculture (USDA) and the Food and Drug Administration (FDA) were enacted over 100 years ago. While some new powers were given to FDA with the Bioterrorism Act of 2002, funding has not kept pace. Safe Food International (SF), a coalition of consumer organizations from around the world, created a set of guidelines outlining an ideal national food safety program. The current system in the United States falls short of that goal. The outbreaks …
Legislative Implementation Of The Food Chain Approach, Jessica Vapnek
Legislative Implementation Of The Food Chain Approach, Jessica Vapnek
Vanderbilt Journal of Transnational Law
Food safety is an essential element of food security, since "adequate" food means food that is not only available, but also safe. Food safety systems have traditionally focused on end-product testing, which is an unsatisfactory means of ensuring safe food. An increasing focus on prevention has spurred interest in a food chain approach, which aims to control all steps in the food chain from production to consumption. Although the approach has drawn international attention in recent years, national lawmakers have lacked guidance on its implementation. This Article serves that need. Part II of the Article describes the international backdrop to …
Food Safety, South-North Asymmetries, And The Clash Of Regulatory Regimes, Obijiofor Aginam
Food Safety, South-North Asymmetries, And The Clash Of Regulatory Regimes, Obijiofor Aginam
Vanderbilt Journal of Transnational Law
This Article explores the globalization of food safety concerns driven by the phenomenon of economic globalization, and the "legalization" of food safety disputes within the rules-based architecture of the World Trade Organization (WTO). Focusing on the interaction between WTO norms and the treaties of other multilateral organizations, the Article discusses the implications of the "clash of food safety regulatory regimes" for South-North asymmetrical relations between the rich and poor countries. The Article also discusses global economic diplomacy and the emerging WTO jurisprudence on the Agreement on Sanitary and Phyto-Sanitary Measures (SPS) disputes. This Article explores both the perceived and actual …
International Cooperation To Defend The Food Supply Chain, John T. Hoffman, Shaun Kennedy
International Cooperation To Defend The Food Supply Chain, John T. Hoffman, Shaun Kennedy
Vanderbilt Journal of Transnational Law
Global Food System Defense is an area where, so far, we have not yet obtained real traction in this post-September 11, 2001 world of international terrorism. Cooperative international efforts to defend and protect the global food supply system may well be crucial to the security of every developed nation in the coming years. Affordable energy--currently fossil fuels--and food are at the heart of the security and prosperity of every nation. Yet the food protection efforts that have been historically supported by the international community have focused on traditional "food security," defined as access to sufficient calories and nutrition to sustain …
Public Perceptions Of Food Safety: Assessing The Risks Posed By Genetic Modification, Irradiation, Pesticides, Microbiological Contamination And High Fat/High Calorie Foods, Michael D. Mehta
The University of New Hampshire Law Review
[Excerpt] "In general, people in the developed world have access to a safe and varied supply of food. Instead of systemic hunger, many developed countries have problems with obesity and other kinds of eating disorders among their citizenry. It is within this context that some find public concerns about the safety of food both paradoxical and misplaced. Nevertheless, understanding how people perceive the risk associated with food is an important exercise in demonstrating accountability and in setting priorities for regulation. With the advent of technologies for producing genetically modified foods, and the development of fat blockers like Olestra, the public …
Bse: Risk, Uncertainty, And Policy Change, Enda Cummins, Pat Grace, Kevin Mcdonnell, Shane Ward
Bse: Risk, Uncertainty, And Policy Change, Enda Cummins, Pat Grace, Kevin Mcdonnell, Shane Ward
RISK: Health, Safety & Environment (1990-2002)
The authors discuss how, in our "risk society," a range of potential risks and uncertainties are associated with new technologies and new diseases, such as BSE. These risks bring with them worries about human health, while the ability to assess and manage new health scares is an essential skill for government and related industries.
Measuring Risks And Benefits Of Food Safety Decisions, Richard Zeckhauser
Measuring Risks And Benefits Of Food Safety Decisions, Richard Zeckhauser
Vanderbilt Law Review
This Article discusses the assessment of risks and benefits as one approach to organizing information.The way information is organized should depend on the way it will be valued and used. For example, the decision making authorities within the regulatory process may choose to take different approaches to food substances consumed by young and old, or rich and poor. In that case, information should be organized into those categories. An exquisite breakdown of consumption patterns by counties would do little for an age-regarding regulatory process.The remainder of this Article is divided into four parts. Part II reviews the general nature of …