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Journal of Food Law & Policy

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Articles 91 - 120 of 125

Full-Text Articles in Agriculture Law

Cows V. Capitalists: Visions Of A Post-Carbon Economy, Alison Peck May 2012

Cows V. Capitalists: Visions Of A Post-Carbon Economy, Alison Peck

Journal of Food Law & Policy

I was tempted to entitle this book review something like, "Why the Farm Bill Is the Key to Our Energy Future (Hint: It's Not About Ethanol, Methane Emissions, or Carbon Sinks)." But in addition to being too long to fit across the header of a law review page, such a title would have been slightly misleading. Actually, in Simon Fairlie's view, our future is about ethanol, methane emissions, and carbon sinks - but not in the way our current agricultural policies understand and deal with these subjects.

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Canadian Food Law Update, Patricia L. Farnese May 2012

Canadian Food Law Update, Patricia L. Farnese

Journal of Food Law & Policy

Provided below is an overview of the developments in Canadian food law and policy in 2011. This update considers 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.

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Global Food Security: In Our National Interest, David P. Lambert May 2012

Global Food Security: In Our National Interest, David P. Lambert

Journal of Food Law & Policy

All Americans have a direct stake in the problem of global hunger, which has many dimensions. For most of us it is a profound moral issue, and we are guided by our faith to respond.

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Toward A Constructive Engagement: Agricultural Biotechnology As A Public Health Incentive In Less-Developed Countries, Chidi Oguamanam Dec 2011

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 …

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United States Food Law Update: Moving Toward A More Balanced Food Regulatory Regime, A. Bryan Endres, Nicholas R. Johnson Dec 2011

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 …

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Getting Into The Field, Jay A. Mitchell May 2011

Getting Into The Field, Jay A. Mitchell

Journal of Food Law & Policy

A group of students enrolled in a law school clinic wanders through a large farmers' market. They stop to chat with the proprietors of a farm that has sold vegetables at the market for many years. They visit with a cheesemaker and an apple grower. A second group learns about the economic costs of organic production from a farmer and talks with an olive oil producer. Both sets of students seem unusually attentive to their surroundings. That may be because the first group helped the sponsor of the market rework the market's rules and regulations, and the second developed a …

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The History And Future Of Genetically Modified Crops: Frankenfoods, Superweeds, And The Developing World, Brooke Glass-O'Shea May 2011

The History And Future Of Genetically Modified Crops: Frankenfoods, Superweeds, And The Developing World, Brooke Glass-O'Shea

Journal of Food Law & Policy

In a 1992 letter to the New York Times, a man named Paul Lewis referred to genetically modified (GM) crops as "Frankenfood," and wryly suggested it might be "time to gather the villagers, light some torches and head to the castle." Little did Lewis know that his neologism would become the rallying cry for activists around the world protesting the dangers of genetic engineering. The environmental activist group Greenpeace made great use of the "Frankenfood" epithet in their anti-GM campaigns of the 1990s, though they have since backed away from the word and the hardline stance it represents. But genetically …

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United States Food Law Update: Health Care Reform, Preemption, Labeling Claims And Unpaid Interns: The Latest Battles In Food Law, A. Bryan Endres, Nicholas R. Johnson, Michaela N. Tarr Dec 2010

United States Food Law Update: Health Care Reform, Preemption, Labeling Claims And Unpaid Interns: The Latest Battles In Food Law, A. Bryan Endres, Nicholas R. Johnson, Michaela N. Tarr

Journal of Food Law & Policy

This edition of the Food Law Update explores four legal issues arising in the first half of 2010 reflective of the diverse nature of the food law specialist. As the national debate surrounding the merits of health care reform dominated the legislative agenda, this article first will discuss the food labeling rules embedded within section 4205 of the Patient Protection and Affordable Care Act of 2010. The authors then analyze the preemptive reach of the Federal Food, Drug, and Cosmetic Act and the Meat Inspection Act with respect to three separate California statutes regarding animal welfare standards, retail labels on …

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Reconsidering Federalism And The Farm: Toward Including Local, State And Regional Voices In America's Food System, Margaret Sova Mccabe Dec 2010

Reconsidering Federalism And The Farm: Toward Including Local, State And Regional Voices In America's Food System, Margaret Sova Mccabe

Journal of Food Law & Policy

Why is the relationship between our food system and federalism important to American law and health? It is important simply because federal law controls the American food system. This essay considers how federal law came to structure our food system, and suggests that though food is an essential part of our national economy, the dominating role of the federal government alienates citizens from their food system. It does so by characterizing food as a primarily economic issue, rather than one that has ethical, health, and cultural components. However, state and local governments have much to offer in terms of broadening …

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Labeling Of Credence Attributes In Livestock Production: Verifying Attributes Which Are More Than "Meet The Eye", Nicole J. Olynk, Christopher A. Wolf, Glynn T. Tonsor Dec 2009

Labeling Of Credence Attributes In Livestock Production: Verifying Attributes Which Are More Than "Meet The Eye", Nicole J. Olynk, Christopher A. Wolf, Glynn T. Tonsor

Journal of Food Law & Policy

Americans are increasingly sensitive to the conditions under which the foods they purchase and consume are produced. It is becoming commonplace for consumers to incorporate perceived environmental impacts, animal welfare concerns, and other process attributes into food purchase decisions. Increased interest in production practices and technologies employed in food production has been seen in the U.S. specifically concerning irradiation, antibiotics, and hormone and pesticide use. Perhaps one of the most controversial technologies employed in food production today is the use of genetic engineering. Not surprisingly, consumers are particularly sensitive about practices employed or technologies used in foods produced specifically for …

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A Meating Of The Minds: Possible Pitfalls And Benefits Of Certified Organic Livestock Production And The Prodigious Potential Of Brazil, Adam Schlosser Dec 2008

A Meating Of The Minds: Possible Pitfalls And Benefits Of Certified Organic Livestock Production And The Prodigious Potential Of Brazil, Adam Schlosser

Journal of Food Law & Policy

Certified organic food represents the fastest growing segment of food production in both the United States and throughout the entire world. This article examines the issues and opportunities facing both large and small-scale farmers who wish to engage in organic livestock production. Organic regulations cover everything involved in production, starting with the organic certification process and concluding with slaughter and the subsequent shipping and sale of the end organic product. The final section of this article addresses the unique ability of Brazil - described alternatively as "the world's warehouse" and the "world's [future] source of food" - to increase the …

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European Union Food Law Update, Emilie H. Leibovitch May 2008

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.

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Jumping On The Next Bandwagon: An Overview Of The Policy And Legal Aspects Of The Local Food Movement, Marne Coit May 2008

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 …

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Disestablishing "The Last Plantation": The Need For Accountability In The United States Department Of Agriculture, Seth L. Ellis May 2008

Disestablishing "The Last Plantation": The Need For Accountability In The United States Department Of Agriculture, Seth L. Ellis

Journal of Food Law & Policy

The United States Department of Agriculture (USDA) was signed into law by President Abraham Lincoln in 1862. At the signing ceremony, President Lincoln declared the Department of Agriculture to be the "people's Department" because he said it governed an industry "in which [citizens felt] more directly concerned than in any other. .. ." Today, many American citizens do not share Abraham Lincoln's view of the USDA as being the "people's Department"; rather, they identify it as being "the last plantation" due to its long history of open discrimination against African-American farmers. While this discrimination has occurred throughout America's history, perhaps …

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United States Food Law Update: Food Safely Planning, Attribute Labeling, And The Irradiation Debate, Bryan Endres May 2008

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 …

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"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 Dec 2007

"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 …

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Journal Of Food Law & Policy - Fall 2007, Journal Editors Dec 2007

Journal Of Food Law & Policy - Fall 2007, Journal Editors

Journal of Food Law & Policy

No abstract provided.

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Contents, Journal Editors Dec 2007

Contents, Journal Editors

Journal of Food Law & Policy

No abstract provided.

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United States Food Law Update, A. Bryan Endres May 2007

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 …

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Harvey V. Veneman And The National Organic Program: Can Organic Be Synthetic?, Jennifer C. Fiser May 2007

Harvey V. Veneman And The National Organic Program: Can Organic Be Synthetic?, Jennifer C. Fiser

Journal of Food Law & Policy

The market for organic products has increased dramatically in the United States and across the world in recent years.' Since 1997, sales of organic foods have grown from 15% to 21% per year, and while organic foods accounted for only 2.5% of total food sales in the United States in 2005, those sales amounted to $13.8 billion.

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United States Food Law Update, Michael Tingey Roberts, Margie Alsbrook Dec 2006

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 …

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Animal Identification And Traceability Under The Us National Animal Identification System, Margaret Rosso Grossman Dec 2006

Animal Identification And Traceability Under The Us National Animal Identification System, Margaret Rosso Grossman

Journal of Food Law & Policy

The identification of animals has a long history in the United States. Since the late nineteenth century, livestock producers have used brands to mark their animals. Ear tags and other marks now identify individual animals or animals from a specific producer, but not all livestock are identified to facilitate traceability.

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European Union Food Law Update, Nicole Coutrelis Dec 2006

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 …

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'Beastly Bureaucracy' Animal Traceability, Identification And Labeling In Eu Law, Bernd M.J. Van Der Meulen, Annelies A. Freriks Dec 2006

'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.

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Caveat Venditor: Products Liability And Genetically Modified Foods, Kristopher A. Isham May 2006

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 criticize 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.

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Medicaid Third-Party Liability And Claims For Restitution: Defining The Proper Role For The Tort System In Regulating The Food Industry, Coby Warren Logan Dec 2005

Medicaid Third-Party Liability And Claims For Restitution: Defining The Proper Role For The Tort System In Regulating The Food Industry, Coby Warren Logan

Journal of Food Law & Policy

This comment contends that tort liability can complement legislative and administrative government regulation of the food industry, providing sellers and manufacturers of food with an incentive to prevent consumers from over-consumption and becoming obese. Specifically, this comment supports the proposition that after government regulations are promulgated by Congress, claims should be allowed by state attorneys general to recoup Medicaid costs incurred in treating health conditions and illnesses caused by obesity.

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From The Farm To The Factory: An Overview Of The American And European Approaches To Regulation Of The Beef Industry, Crisarla S. Houston Dec 2005

From The Farm To The Factory: An Overview Of The American And European Approaches To Regulation Of The Beef Industry, Crisarla S. Houston

Journal of Food Law & Policy

First, this article briefly describes the existing regulatory requirements under both systems. Second, it compares the two approaches. In comparing the two systems, attention is concentrated on the quality of legislative drafting, the likelihood of implementation, the adequacy of consumer protection, the voluntary or compulsory nature of the measures, and the requirement of records retention.

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European Union Food Law Update, Nicole Coutrelis Dec 2005

European Union Food Law Update, Nicole Coutrelis

Journal of Food Law & Policy

Update on European Union Food Law 2005.

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The Food Safety And Inspection Service's Lack Of Statutory Authority To Suspend Inspection For Failure To Comply With Haccp Regulations, Dennis R. Johnson, Jolyda O. Swaim Dec 2005

The Food Safety And Inspection Service's Lack Of Statutory Authority To Suspend Inspection For Failure To Comply With Haccp Regulations, Dennis R. Johnson, Jolyda O. Swaim

Journal of Food Law & Policy

Since the implementation of the Mega-Reg, the agency has had mixed success with its new enforcement procedures. Although most establishments have chosen to work with FSIS to modify their procedures to allay any concerns the agency had, on a few occasions, no compromise was reached. In these cases, the establishment filed suit in federal district court challenging the agency's authority to remove inspectors for failure to comply with the Mega-Reg. In the three cases where the agency's authority was challenged, the establishment was successful and inspection was restored.

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Preempting Food Safety: An Examination Of Usda Rulemaking And Its E.Coli O157:H7 Policy In Light Of Estate Of Kriefall Ex Rel. Kriefall V. Excel Corporation, Denis Stearns Dec 2005

Preempting Food Safety: An Examination Of Usda Rulemaking And Its E.Coli O157:H7 Policy In Light Of Estate Of Kriefall Ex Rel. Kriefall V. Excel Corporation, Denis Stearns

Journal of Food Law & Policy

This article will use the Kriefall decision to examine USDA rulemaking and its still-evolving E. coli 0157:H7 policy. Part II of the article will briefly describe the development and implementation of the USDA E. coli 0157:H7 policy as a reaction to an enormous and widely-publicized outbreak of E. coli infections that occurred in 1993-the so-called Jack in the Box outbreak. Following the outbreak, E. coli 0157:H7 was declared by USDA to be an adulterant per se according to FMIA. It was also at this time that the first steps were taken by USDA to move from a "command and control" …

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