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Articles 121 - 150 of 293
Full-Text Articles in Food and Drug Law
Possibilities For Farm Policy In A Trump Era, Stephen Carpenter, Kirsten Valentine Cadieux
Possibilities For Farm Policy In A Trump Era, Stephen Carpenter, Kirsten Valentine Cadieux
Journal of Food Law & Policy
This essay addresses options for the Trump administration in promoting a modern, sustainable, and inclusive agricultural system. This essay considers what might be achieved while the Trump administration stays committed to its goals, espoused throughout the Trump campaign. The particularly relevant goals affecting the administration’s agricultural policy are shrinking government, decreasing the number of illegal immigrants, and renegotiating free trade.
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 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.
Eating Is Not Political Action, Joshua Galperin, Graham Downey, D. Lee Miller
Eating Is Not Political Action, Joshua Galperin, Graham Downey, D. Lee Miller
Journal of Food Law & Policy
To create policy at the interface of the centrally important and overlapping American ideals of agriculture and the environment, there are two options. Passive governance fosters markets in which participants make individual choices that aggregate into inadvertent collective action. In contrast, assertive governance allows the public, mediated through elected officials, to enact intentional, goal-oriented policy. This essay contends that the latter option, assertive governance, is the only appropriate means of creating harmony between agriculture and the environment it depends upon.
Myth Making In The Heartland – Did Agriculture Elect The New President?, Neil D. Hamilton
Myth Making In The Heartland – Did Agriculture Elect The New President?, Neil D. Hamilton
Journal of Food Law & Policy
This essay addresses the role of America’s farmers in electing President Donald Trump. This role may not have been as large as the agricultural community and others have suggested. Additionally, this essay cautions the agricultural community against taking too much credit for the election of a politician and party whose interests are often at odds with agricultural interests.
A Call To Action: The New Academy Of Food Law & Policy, Emily M. Broad Leib, Susan A. Schneider
A Call To Action: The New Academy Of Food Law & Policy, Emily M. Broad Leib, Susan A. Schneider
Journal of Food Law & Policy
The food system is affected by unique and complex laws. These laws call for a new generation of legal practitioners and scholars. This essay announces the creation of the Academy of Food Law and Policy. The Academy creates a network of law professors researching, teaching, and mentoring in food law and policy.
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, …
Editorial Board, Journal Editors
Fomenting Democracy: The Case For Federal – Local Cooperation, Marilyn Sinkewicz, Jess Gilbert, Calvin Head
Fomenting Democracy: The Case For Federal – Local Cooperation, Marilyn Sinkewicz, Jess Gilbert, Calvin Head
Journal of Food Law & Policy
This essay profiles a program in a rural, black Mississippi community called Youth-in-Agriculture. This case study of Mileston, Mississippi depicts the collaborative efforts of the federal government and community organizations through nearly a century. This essay also describes the ways in which the Trump administration could most support agricultural communities like Mileston, MS.
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.
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.
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 …
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.
Antitrust In Food And Farming Under President Trump, Leah Douglas
Antitrust In Food And Farming Under President Trump, Leah Douglas
Journal of Food Law & Policy
Corporate powers are proposing mega mergers in almost every sector of agriculture. This essay explores how President Trump can keep his campaign promises to protect rural voters by strengthening the weakening enforcement of antitrust doctrines; specifically through the Grain Inspection, Packers and Stockyards Administration (GIPSA) and reinstating the Country of Origin Labeling (CoOL) of meat products.
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.
Moving Towards Harmonization Of The Food Safety Standards: Role Of The Tpp And Ttip Agreements, Ksenia A. Petrovets
Moving Towards Harmonization Of The Food Safety Standards: Role Of The Tpp And Ttip Agreements, Ksenia A. Petrovets
Journal of Food Law & Policy
We are now less dependent on locally available food resources that we have ever been. The continuing industrialization of food production, the advancement in technologies and the rapid development of supply chains granted us the luxury of immediate access to a variety of products originating from local supermarkets all over the world. This, along with the greater level of food production industrialization, inevitably comes the rise of related food safety risks. Because of the enlargement of producing operations, an emerging safety threat in one place may result in a foodborne illness outbreak thousands of miles away from its place of …
Local And State Governments Are Taking The Stage When It Is Fda's Curtain Call - Are Local And State Governments' Safety Warnings Preempted By Federal Law?, Melissa M. Card
Journal of Food Law & Policy
Eliminated from fad diets, sworn off by celebrities, and frantically reformulated out of processed foods, added sugars have been deemed the new nutritional scoundrel. Recent studies from the American Heart Association, the World Health Organization, and the American Cancer Association demonstrate that the consumption of added sugar leads to increased risks of obesity, diabetes, heart disease, and gout. While all foods containing added sugar are deemed unhealthy, Sugary-Sweetened Beverages ("SSBs") are said to be especially toxic by the American health community, by virtue of these beverages' being excessively high in added sugar content, low in satiety, and incomplete in compensation …
Will Consumers Be In The "Dark" About Labels On Genetically Engineered And Modified Foods?, Hilary Nat
Will Consumers Be In The "Dark" About Labels On Genetically Engineered And Modified Foods?, Hilary Nat
Journal of Food Law & Policy
In the 1900s, the United States began to sell genetically engineered foods. One of the first genetically engineered foods sold in the United States and approved by the Food and Drug Administration (FDA) was the Flavr Savr tomato. The tomato's genetic structure was modified to prevent softening which allowed it to ripen after being picked. In the United States, statistics demonstrate that 92% of com, 94% of soybeans, and 94% of cotton sold is genetically engineered. In addition, it is estimated that 75% of the processed foods sold in supermarkets around the United States contain ingredients that are products of …
Energy Drink Regulations: Why The Time For More Fda Authority Is Not Ripe And How States Can Protect Children Without Unjustly Infringing On Adult Autonomy, Larry D. Treat
Journal of Food Law & Policy
In December of 2011, Anais Fournier ("Anais"), a fourteen-year-old from Maryland, was at the mall with her friends when she drank a twenty-four ounce Monster energy drink. Within twenty-four hours, Anais consumed a second twenty-four ounce energy drink. Together, the two Monster energy drinks Anais consumed contained around 480 milligrams ("mg") of caffeine. A few hours after the second drink, Anais went into cardiac arrest and later died from cardiac arrhythmia. An autopsy found that caffeine toxicity caused Anais's arrhythmia and impeded her heart's ability to pump blood. As it turns out, Anais suffered from a preexisting heart condition called …
2016 China Food Law Update, Michael T. Roberts, Ching-Fu Lin
2016 China Food Law Update, Michael T. Roberts, Ching-Fu Lin
Journal of Food Law & Policy
This update of China food law builds on a unique feature for the Journal of Food Law & Policy that has been provided since the Journal's inception - separate food law updates for both the United States and European Union. "Recognizing the globalness of the modem food system, these updates have served an invaluable role in keeping scholars and practitioners abreast of the world's leading food regulatory systems." China's emergence as a developed, modem food regulatory system with the potential of being a leading food regulatory system makes sense given its position as a world economic powerhouse. China's role in …
Animal Legal Defense Fund V. Otter: Industrial Food Production Simply Is Not A Private Matter, Lucy L. Holifield
Animal Legal Defense Fund V. Otter: Industrial Food Production Simply Is Not A Private Matter, Lucy L. Holifield
Journal of Food Law & Policy
About half of the states have either passed or attempted to pass laws aimed at stifling criticism and exposure of factory farms throughout the country. This unwanted exposure is often the result of undercover reporters gaining access to the interior of meat-producing entities by seeking and obtaining employment. Their reports often expose filthy and dangerous conditions, substantial animal abuse, and the incorporation of unfit animal products into the public's food supply.
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.
Implementation Of The Public Distribution System: An Empirical Analysis Of The Right To Food In An Urban Slum, Dipika Jain, Brian Tronic
Implementation Of The Public Distribution System: An Empirical Analysis Of The Right To Food In An Urban Slum, Dipika Jain, Brian Tronic
Journal of Food Law & Policy
Malnutrition is one of the biggest problems facing India today. Thus, the functioning of the Public Distribution System (PDS) - which provides subsidized food to hundreds of millions of people is critically important. However, while numerous studies have evaluated the performance of the PDS in rural areas, there is a notable lack of research in urban slums, a rapidly growing population. Through interviews with PDS beneficiaries and other stakeholders, the present study examines the PDS in one slum in Delhi and finds numerous problems, including low quality grain, corruption, and the lack of an effective complaint mechanism. Although several states …
"All I Do Is Win": The No-Lose Strategy Of Cafo Regulation Under The Caa, Karl J. Worsham
"All I Do Is Win": The No-Lose Strategy Of Cafo Regulation Under The Caa, Karl J. Worsham
Journal of Food Law & Policy
Corporate farms, often known as concentrated animal feeding operations ("CAFO'), provide inexpensive animal products but do so by externalizing the cost of their operation in the form of environmental harms and risks to human health. This article explores one possible approach to mitigating CAFO-caused harms. It argues that CAFO regulation under any one of three Clean Air Act ("CAA ") programs will result in net benefits, not just for air quality, but also for other CAFO-caused harms and thus, that CAA regulation of CAFOs is a no-lose strategy. The article then goes further to conclude that, while regulation under any …
Contents, Journal Editors
Journal Of Food Law & Policy - Spring 2016, Journal Editors
Journal Of Food Law & Policy - Spring 2016, Journal Editors
Journal of Food Law & Policy
No abstract provided.
Regulating The Food Truck Industry: An Illustration Of Proximity And Sanitation Regulations, Nicholas Alvarez
Regulating The Food Truck Industry: An Illustration Of Proximity And Sanitation Regulations, Nicholas Alvarez
Journal of Food Law & Policy
Manny Hernandez, a Chicago food truck owner, would wake up in the middle of the night and slowly travel by foot around downtown Chicago carrying a 200-foot rope. The rope was used to measure the distance from the doors of brick-and-mortar restaurants to possible parking locations for his food truck. A Chicago ordinance prohibited food trucks from operating within 200 feet of the front door of any brick-and-mortar restaurant. Furthermore, Manny could not just find one spot; he needed to find many spots because Chicago law also stated that food trucks were only allowed to park at one location for …
Editoral Board, Journal Editors
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, …
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 marijuana, 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.