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Journal of Food Law & Policy

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European Union Food Law Update, Emilie H. Leibovitch Dec 2010

European Union Food Law Update, Emilie H. Leibovitch

Journal of Food Law & Policy

This EU Food Law Update will focus on the recent developments in the areas of genetically modified organisms, novel foods, feed safety, transmissible spongiform encephalopathy, salmonella and food borne diseases, food additives, organic farming, food contact materials, and labeling.


Contents, Journal Editors May 2010

Contents, Journal Editors

Journal of Food Law & Policy

No abstract provided.


Killing Us Sweetly: How To Take Industry Out Of The Fda, Jason Iuliano May 2010

Killing Us Sweetly: How To Take Industry Out Of The Fda, Jason Iuliano

Journal of Food Law & Policy

For more than a century, the Food and Drug Administration has claimed to protect the public health. During that time, it has actually been placing corporate profits above consumer safety. Nowhere is this corruption more evident than in the approval of artificial sweeteners. FDA leaders' close ties to the very industry they were supposed to be regulating present a startling picture. Ignoring warnings from both independent scientists and their own review panels, FDA decision makers let greed guide their actions. They approved carcinogenic sweeteners such as saccharin, aspartame, and sucralose while simultaneously banning the natural herb stevia because it would …


Splitting Scales: Conflicting National And Regional Attempts To Manage Commercial Aquaculture In The Exclusive Economic Zone, Brandee Ketchum May 2010

Splitting Scales: Conflicting National And Regional Attempts To Manage Commercial Aquaculture In The Exclusive Economic Zone, Brandee Ketchum

Journal of Food Law & Policy

Like other environmental resources subject to public use, various interest groups struggle over joint management of scarce fisheries resources. Further, differing goals for resource management, such as financial goals versus conservation goals, frequently pit regional groups against one another. In some cases, regional interests may conflict with overall national interests. As goes the water and the air, so go the fish.


Journal Of Food Law & Policy - Spring 2010, Journal Editors May 2010

Journal Of Food Law & Policy - Spring 2010, Journal Editors

Journal of Food Law & Policy

No abstract provided.


Not Cool: The Consequences Of Mandatory Country Of Origin Labeling, Matt Mullins May 2010

Not Cool: The Consequences Of Mandatory Country Of Origin Labeling, Matt Mullins

Journal of Food Law & Policy

The much anticipated and hotly debated Country-of-Origin Labeling (COOL) provision of the 2002 Farm Bill went into effect on September 30, 2008. The interim final rule published on August 1, 2008 finally put into law a provision first passed in the 2002 farm bill. This provision requires grocery stores and other retailers who sell food products to the private consumer to label certain meats, vegetables, fruits, and nuts with their country of origin. Foods that must be labeled are identified in the bill as "covered commodities." But, for all of the covered commodities, there exists a substantial list of products …


United States Food Law Update: Initial Food Safety Restructuring Efforts, Poultry Production Contract Reforms And Genetically Engineered Rice Litigation, A. Bryan Endres, Michaela N. Tarr May 2010

United States Food Law Update: Initial Food Safety Restructuring Efforts, Poultry Production Contract Reforms And Genetically Engineered Rice Litigation, A. Bryan Endres, Michaela N. Tarr

Journal of Food Law & Policy

This edition of the food law update will address recent events that may serve as bellwether signs that significant, long sought changes to the food and agricultural production system may be on the horizon. The first section of the update focuses on several general food safety initiatives. These efforts may, in the near term, coalesce into comprehensive food safety legislation. The second section analyzes two food safety actions relating to specific product categories: oysters and eggs. Section three provides a brief overview of poultry production contracts that may signal a broader restructuring of the legal relationships between farmers and the …


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 …


Canadian Food Law Update, Patricia L. Farnese Dec 2009

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 …


Journal Of Food Law & Policy - Fall 2009, Journal Editors Dec 2009

Journal Of Food Law & Policy - Fall 2009, Journal Editors

Journal of Food Law & Policy

No abstract provided.


Contents, Journal Editors Dec 2009

Contents, Journal Editors

Journal of Food Law & Policy

No abstract provided.


A Healthy Diet Of Preemption: The Power Of The Fda And The Battle Over Restricting High Fructose Corn Syrup From Food And Beverages Labeled 'Natural', Adam C. Schlosser Dec 2009

A Healthy Diet Of Preemption: The Power Of The Fda And The Battle Over Restricting High Fructose Corn Syrup From Food And Beverages Labeled 'Natural', Adam C. Schlosser

Journal of Food Law & Policy

America is unhealthy. America faces an obesity epidemic. The food consumed by Americans is making them fat. Americans, bombarded every single day by negative headlines like these, are becoming more and more health conscious. This newfound commitment to health is reflected in the food and beverages Americans purchase.


Dietary Supplements And Structure-Function Claims: The Dysfunctional Structure Of Current Regulation, Matthew W. Lindsey Dec 2009

Dietary Supplements And Structure-Function Claims: The Dysfunctional Structure Of Current Regulation, Matthew W. Lindsey

Journal of Food Law & Policy

Twenty percent of Americans report using one of the more than thirty thousand dietary supplement products generated by an estimated one thousand manufacturers, contributing to an industry exceeding twenty billion dollars globally. Fueled by increasing public interest in individual health, dietary supplement manufacturers in the United States (U.S.) continue to exploit the weaknesses in the way the Food and Drug Administration (FDA) regulates these products. Dietary supplement manufacturers perpetuate the perceived safety of supplements through the advertisement of structure-function claims, which many consumers mistakenly assume to be the same as FDA-regulated health claims.


United States Food Law Update: Food Allergy Labels, Reaching Organic Equivalence, Misbranding Litigation And Regulatory Takings, A. Bryan Endres, Michaela N. Tarr Dec 2009

United States Food Law Update: Food Allergy Labels, Reaching Organic Equivalence, Misbranding Litigation And Regulatory Takings, A. Bryan Endres, Michaela N. Tarr

Journal of Food Law & Policy

The start of 2009 found the nation transitioning to a new presidential administration, speculating on the impact new appointees to the executive branch may have on regulatory priorities and monitoring a bill' making its way through Congress that seeks a substantial overhaul of the food regulatory system. This version of the Food Law Update will analyze two major developments in food allergy labeling: finalization of rules requiring the labeling of Cochineal extract/ carmine and an analysis of the proposed "gluten-free" product labels. The update next discusses the execution of an equivalency agreement between the United States and Canada with respect …


European Union Food Law Update, Emilie H. Leibovitch Dec 2009

European Union Food Law Update, Emilie H. Leibovitch

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 …


Journal Of Food Law & Policy - Spring 2009, Journal Editors May 2009

Journal Of Food Law & Policy - Spring 2009, Journal Editors

Journal of Food Law & Policy

No abstract provided.


Food Justice As Crime Prevention, Avi Brisman May 2009

Food Justice As Crime Prevention, Avi Brisman

Journal of Food Law & Policy

In December 2008, Governor David Paterson (D-NY) proposed an 18 percent tax on nondiet sodas and fruit drinks containing less than 70 percent natural fruit juice. While the tax was part of a broader budget proposal designed to address New York State's fiscal crisis - a plan that that included new taxes and tax hikes on 137 items and services' - state officials promoted the "obesity tax," as the soft drink levy came to be called, as a public health measure.


The Slow Food Story: Politics And Pleasure, Emily Reynolds May 2009

The Slow Food Story: Politics And Pleasure, Emily Reynolds

Journal of Food Law & Policy

Geoff Andrews' historical account of the development of "Slow Food" is an inspiring and descriptive story detailing the rise and impact this movement has had on a worldwide scale. Beginning with the movement's origins, first in Italy, in the 1960s and 1970s, Andrews is able to provide readers with an understanding of the motives behind founder Carlo Petrini's desire to develop the Slow Food way of thinking. This in-depth examination of the culture and politics behind the Slow Food movement both critiques the modern fast-pace world in which we live, and also promotes the idea that Slow Food's alternative ideals …


Whatever Happened To Old Mac Donald's Farm… Concentrated Animal Feeding Operation, Factory Farming And The Safety Of The Nation's Food Supply, Julie Follmer, Roseann B. Termini May 2009

Whatever Happened To Old Mac Donald's Farm… Concentrated Animal Feeding Operation, Factory Farming And The Safety Of The Nation's Food Supply, Julie Follmer, Roseann B. Termini

Journal of Food Law & Policy

Today, livestock farming is a far stretch from the nostalgic notion of animals grazing in green pastures, roaming free in the fresh country air and returning at the end of the day to a cozy barn. Simply stated, livestock farming is a large scale business, where tens of thousands of animals are swiftly raised industrial-style for maximum profit. Under the "factory farm" model, large corporate owned operations grow quantities of animals for slaughter for human consumption as food. In fact, livestock farms now raise 40% of all animals in the United States.


Nanofood: Legal And Regulatory Challenges, Abu Bakar Munir, Siti Hajar Mohd. Yasin May 2009

Nanofood: Legal And Regulatory Challenges, Abu Bakar Munir, Siti Hajar Mohd. Yasin

Journal of Food Law & Policy

Nanotechnology will have a significant impact on food production in a variety of ways, both directly and indirectly. The growth and complexity of nanotechnology in food applications poses new challenges for the existing food regulation as well as the regulatory authority. This article seeks to examine the legal and regulatory challenges posed by the nanotechnology applications in the food industry. This article reviews some of the relevant legislation in the U.S. and E.U. in dealing with nanofood and the industry. This article also provides an assessment on the adequacy of those laws and identifies the possible gaps and weaknesses in …


Contents, Journal Editors May 2009

Contents, Journal Editors

Journal of Food Law & Policy

No abstract provided.


United States Food Law Update: Pasteurized Almonds And Country Of Origin Labeling, A. Bryan Endres May 2009

United States Food Law Update: Pasteurized Almonds And Country Of Origin Labeling, A. Bryan Endres

Journal of Food Law & Policy

The last six months of 2008 found the nation occupied with a heated presidential election campaign and the transition to a new party's control of the executive branch. The outgoing president, as is often the case in the waning months of an administration's time in office, attempted to finalize several policy initiatives. This version of the Food Law Update will discuss two major developments with significant long-term impact on the law of food: the implementation of mandatory country of origin labeling (COOL) for most unprocessed agricultural commodities; and the increasing use of the United States Department of Agriculture's (USDA) Agricultural …


Farm-Level Contracting For Production Process Attributes: An Analysis Of Rbst In Milk Production, Clayton Cook-Mowery, Nicole J. Olynk, Christopher A. Wolf Dec 2008

Farm-Level Contracting For Production Process Attributes: An Analysis Of Rbst In Milk Production, Clayton Cook-Mowery, Nicole J. Olynk, Christopher A. Wolf

Journal of Food Law & Policy

On November 5, 1993, the Food and Drug Administration (FDA) approved Recombinant Bovine Somatotropin (rBST), also JOURNAL OF FOOD LAW & POLICY called Recombinant Bovine Growth Hormone (rbGH), for commercial use to increase milk production in dairy cattle. The FDA determined that milk from cows which have been treated with rBST was safe for human consumption and that there was no significant impact on the environment from the production and use of rBST. In February 1994 the Monsanto Corporation (Monsanto) introduced POSILACO bovine somatotropin, making rBST commercially available to United States dairy farmers.


Canadian Food Law Update, Patricia L. Farnese Dec 2008

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.


Contents, Journal Editors Dec 2008

Contents, Journal Editors

Journal of Food Law & Policy

No abstract provided.


Teach A Man: Proactively Battling Food Insecurity By Increasing Access To Local Foods, Christina Fox Dec 2008

Teach A Man: Proactively Battling Food Insecurity By Increasing Access To Local Foods, Christina Fox

Journal of Food Law & Policy

This Chinese proverb has broad application when addressing the issue of food insecurity. It transcends beyond national borders and gender categories. It applies to many men, women, and children who are confronted by food insecurity today in America. Food insecurity is the "limited or uncertain availability of nutritionally adequate and safe foods or the limited or uncertain ability to acquire acceptable foods in socially acceptable ways.


Journal Of Food Law & Policy - Fall 2008, Journal Editors Dec 2008

Journal Of Food Law & Policy - Fall 2008, Journal Editors

Journal of Food Law & Policy

No abstract provided.


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 …


United States Food Law Update: Consumer Protections And Access To Information: Rbst, Bpa, The Ada And Color Additives, A. Bryan Endres Dec 2008

United States Food Law Update: Consumer Protections And Access To Information: Rbst, Bpa, The Ada And Color Additives, A. Bryan Endres

Journal of Food Law & Policy

Five significant legal developments in the first half of 2008 warrant examination in this version of the Food Law Update. Comprehensive discussions of recombinant bovine somatotropin (rBST)- related dairy product labeling and regulatory actions regarding Bisphenol A (BPA) use in food and food contact materials comprise the bulk of this article's analysis. Briefer discussions concerning consumer class action litigation for false advertising claims, an Americans with Disabilities Act case from the Second Circuit Court of Appeals and New York City Board of Health regulations requiring certain chain restaurants to post caloric content information on menus comprise the balance of this …


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

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.