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Articles 1 - 17 of 17
Full-Text Articles in Law
Martinez-Cuevas V. Deruyter Brothers And Covid-19: Is It Time To Re-Examine Farmworker Labor Protections?, Margaret Todd, Sarah Everhart
Martinez-Cuevas V. Deruyter Brothers And Covid-19: Is It Time To Re-Examine Farmworker Labor Protections?, Margaret Todd, Sarah Everhart
Journal of Food Law & Policy
In the fall of 2020, in the midst of the COVID-19 global pandemic, a closely divided (5-4) Washington Supreme Court, in Martinez-Cuevas v. Deruyter Bros. Dairy Inc.1, held that dairy workers, despite a state wage and hour law2 specifically exempting agricultural workers, are entitled to overtime pay. The Court based its decision, in part, on the dangerous nature of the work performed by the dairy workers.3 Although the decision was specific to dairy workers in Washington, the majority of U.S. farmworkers are not entitled to overtime wages while working jobs that are generally considered dangerous and have been made more …
Farm And Food Worker Inequity Exposed And Compounded By Covid-19, Kimberly M. Bousquet
Farm And Food Worker Inequity Exposed And Compounded By Covid-19, Kimberly M. Bousquet
Journal of Food Law & Policy
Of the 2.4 million farm-working laborers in the United States, upwards of 73% are immigrants. And, according to the Economic Policy Institute, immigrants make up nearly 22% of all workers in the U.S. food industry, including 27% of food production workers, 37% of meat processing industry workers, 34% of commercial bakery workers, and 31% of fruit and vegetable preservation work. Another study found that “[p]eople of color make up the majority of essential workers in food and agriculture (50%) and in industrial, commercial, residential facilities and services (53%).” Many of these workers--if not the majority in some sectors--are undocumented and/or …
United States Food Law Update, Michael Tingey Roberts
United States Food Law Update, Michael Tingey Roberts
Journal of Food Law & Policy
This update summarizes significant changes and developments in food law over the first half of 2005. Not every change in national food law for the first half of 2005 is included; instead, this update is limited to significant changes in national law. New developments in state law, while certainly important and deserving of attention, are beyond the scope of this update. These updates provide a starting point for scholars, practitioners, food scientists, and policymakers determined to understand the shaping of food law in modem society. Tracing the development of food law through these updates also builds an important historical context …
European Union Food Law Update, Emilie H. Leibovitch
European Union Food Law Update, Emilie H. Leibovitch
Journal of Food Law & Policy
The following European Union Food Law Update will address significant changes in European Union (EU) food law that occurred between 2006 and early 2008. The update will be different from the previous ones, as it will instead be organized by the subject areas addressed by the developments. The published regulations, proposals, cases, and other relevant news will thus be incorporated under their corresponding topic headings.
Jumping On The Next Bandwagon: An Overview Of The Policy And Legal Aspects Of The Local Food Movement, Marne Coit
Jumping On The Next Bandwagon: An Overview Of The Policy And Legal Aspects Of The Local Food Movement, Marne Coit
Journal of Food Law & Policy
This article is an exploration of this new and growing local food movement. It is not a cohesive movement, nor is it one that is organized by a particular group. Rather, it is a grassroots movement comprised of people who are interested, for various reasons, in obtaining food grown or produced where they live or in producing this food themselves. The purpose of this article is to explore what the local food movement is, why consumers are interested in basing their food purchasing choices on where their food originates, current and future regulation of local food, and where this movement …
The U.S. Department Of Agriculture As A Public Health Agency? A "Health In All Policies" Case Study, Lindsay F. Wiley
The U.S. Department Of Agriculture As A Public Health Agency? A "Health In All Policies" Case Study, Lindsay F. Wiley
Journal of Food Law & Policy
The "war on obesity" is now well into its second decade. What began as an effort to encourage medical doctors to screen and treat patients whose weight put them at risk for health problems has transformed into a much broader public health campaign to address the root causes of obesity. A growing number of state, territorial and local health departments are currently exploring new ways to promote healthy eating and physical activity. At the federal level, the U.S. Centers for Disease Control and Prevention (CDC) has made "nutrition, physical activity and obesity" a top priority.
The Forgotten Half Of Food System Reform: Using Food And Agricultural Law To Foster Healthy Food Production, Emily Broad Leib
The Forgotten Half Of Food System Reform: Using Food And Agricultural Law To Foster Healthy Food Production, Emily Broad Leib
Journal of Food Law & Policy
America is facing widespread problems with its food system, including environmental harms due to externalities from industrial farms; the increasing amount of "food _miles" traveled by the products that make up our daily meals; and the growing size and complexity of recent outbreaks of foodborne illnesses. Indeed, the entire system that covers the life cycle of food, through production, processing, distribution, consumption, and food waste management, is in crisis. One of the most disturbing of these well-documented problems with the industrial food system is the increase in rates of obesity and diet-related illnesses. Obesity rates in the U.S. have more …
A Cost-Benefit Analysis Of Sugary Drink Regulation In New York City, Shi-Ling Hsu
A Cost-Benefit Analysis Of Sugary Drink Regulation In New York City, Shi-Ling Hsu
Journal of Food Law & Policy
New York City Mayor Bill de Blasio spent much of his time during his successful 2013 campaign positioning himself as the populist candidate, pointedly contrasting himself with the outgoing mayor, billionaire Michael Bloomberg. There is one Bloomberg initiative, however, that de Blasio has committed to carry forward: the city-wide size restriction on sales of "sugary drinks," most commonly, carbonated sodas. On city public health issues such as the sugary drink policy, the populist de Blasio and the billionaire Bloomberg would appear to have much in common. "People are dying every day, this is not a joke," remarked Bloomberg in striking …
European Union Food Law Update, Nicole Coutrelis
European Union Food Law Update, Nicole Coutrelis
Journal of Food Law & Policy
On March 31, 2006, the European Commission published Council Regulation (EC) No. 510/2006 On the Protection of Geographical Indications and Designations of Origin for Agricultural Products and Foodstuffs. This new regulation repealed Council Regulation (EEC) No. 2081/92 On the Protection of Geographical Indications and Designations of Origin for Agricultural Products and Foodstuffs mainly to bring Community law into conformity with the World Trade Organization (WTO) agreements and the findings of a recent WTO panel. Under the new Regulation, persons in third countries (non-European Union members) are entitled to address applications for the protection of geographic names and statements of objection …
United States Food Law Update, Michael Tingey Roberts, Margie Alsbrook
United States Food Law Update, Michael Tingey Roberts, Margie Alsbrook
Journal of Food Law & Policy
This update summarizes some of the significant changes and developments in food law over the first half of 2006. Not every change in food law is included; instead, this update provides a starting point for scholars, practitioners, food industry members, and policymakers determined to understand the shaping of food law in modern society. Tracing the development of food law through these updates, which appear in each issue of the Journal of Food Law & Policy, also provides historical context for the development of significant food law issues over time. New developments in state law, while certainly important and deserving in …
Creating Balance: Problems Within Dshea And Suggestions For Reform, Jennifer Akre Hill
Creating Balance: Problems Within Dshea And Suggestions For Reform, Jennifer Akre Hill
Journal of Food Law & Policy
The Dietary Supplement Health and Education Act of 1994 (DSHEA) was signed into law on October 25, 1994. At the signing, President Clinton endorsed the "intense efforts" of manufacturers and legislators to change the "treatment of dietary supplements under regulation and law." Further, the bill was signed with the hope that it would benefit consumers by permitting more access to dietary supplements and more choices for consumer directed healthcare. In support, politicians on both sides of the aisle claimed the DSHEA as a victory for consumer freedom, populist protection, and preventative medicine.
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: The Fda Food Safety Modernization Act, Obesity And Deceptive Labeling Enforcement, A. Bryan Endres, Nicholas R. Johnson
United States Food Law Update: The Fda Food Safety Modernization Act, Obesity And Deceptive Labeling Enforcement, A. Bryan Endres, Nicholas R. Johnson
Journal of Food Law & Policy
The long-awaited enactment of the FDA Food Safety Modernization Act (FSMA), the most significant amendment to the Federal Food, Drug, and Cosmetic Act in several decades, provides the Food and Drug Administration (FDA) with significantly enhanced jurisdiction to close some of the gaps in the domestic food safety system. The enhanced FDA authority, however, will have little impact on the shared governance system at the federal level that involves multiple agencies, as the Act does not address the U.S. General Accounting Office's (GAO) repeated calls for consolidation of the fragmented federal food safety system. Rather, the Act perpetuates the division …
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 2008. This update primarily analyzes regulatory and policy developments by the federal government. This focus reflects the significance of federal activities in the food policy realm. As this is the first Canadian update to appear in the Journal of Food Law & Policy, it is appropriate to include a brief summary of the Canadian regulatory framework for food. The regulatory framework provides the necessary context to identify trends driving recent changes in Canadian food law and policy.
European Union Food Law Update, Emilie H. Leibovitch
European Union Food Law Update, Emilie H. Leibovitch
Journal of Food Law & Policy
The European Union (EU) is facing major institutional challenges because Ireland rejected the Treaty of Lisbon last summer. The Treaty of Lisbon aims at modifying the institutional framework of the EU; more precisely, it aims in part at modifying the interaction of the various EU regulatory bodies with one another, as well as the interaction between the EU regulatory bodies and the national ones. The next few months will be decisive in determining whether the Treaty of Lisbon will finally replace the Treaty of Nice.
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 2009. 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. In 2009, regulatory and policy developments continue to be dominated by the 2008 Listeriosis outbreak in ready-to-eat, deli meats. Other noted activities include Canada's ongoing efforts to minimize the effects of infectious diseases related to meat production, Canada's request for a WTO panel to consider the effects of American Country of Origin Labelling, and an initiative …
European Union Food Law Update, Emilie H. Lieibovitch
European Union Food Law Update, Emilie H. Lieibovitch
Journal of Food Law & Policy
In June 2009, citizens of the European Union elected a new European Parliament. Some Members of the European Parliament (MEPs) were reelected while some were not. The majority party is the EPP, the Group of the European People's Party, and the Group of the Progressive Alliance of Socialists & Democrats has the second majority of the seats. The elections were still governed by the Treaty of Nice, since up until very recently, the future of the Treaty of Lisbon was still uncertain. The Treaty of Lisbon was up until now rejected by a few Member States, who, by their reluctance …