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Journal of Food Law & Policy

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Full-Text Articles in Food and Drug Law

School Of Law Faculty And Professional Staff, Journal Editors May 2018

School Of Law Faculty And Professional Staff, Journal Editors

Journal of Food Law & Policy

No abstract provided.


A Farm Bill To Help Farmers Weather Climate Change, Peter H. Lehner, Nathan A. Rosenberg May 2018

A Farm Bill To Help Farmers Weather Climate Change, Peter H. Lehner, Nathan A. Rosenberg

Journal of Food Law & Policy

The Farm Bill has an enormous impact on climate change. Greenhouse gas emissions from agriculture account for almost 10 percent of total U.S. emissions and up to a quarter of all emissions globally. The Farm Bill encourages the use of carbon-intensive agricultural practices and products responsible for these emissions, but nonetheless offers several opportunities to quickly expand carbon sequestration, making it a critical piece of climate legislation. This essay will examine the climate impact of the Farm Bill, focusing on the commodity, conservation, and crop insurance programs. It then proposes politically feasible changes to these programs aimed at minimizing agricultural …


Building Indian Country’S Future Through Food, Agriculture, Infrastructure, And Economic Development In The 2018 Farm Bill, Janie Simms Hipp, Colby D. Duren, Erin Parker May 2018

Building Indian Country’S Future Through Food, Agriculture, Infrastructure, And Economic Development In The 2018 Farm Bill, Janie Simms Hipp, Colby D. Duren, Erin Parker

Journal of Food Law & Policy

With the potential of approximately $1 trillion in spending over 10 years in rural America, the U.S. Department of Agriculture (USDA) programs authorized by the Farm Bill have the ability to build and support thriving economies in rural America. Nowhere is this potential greater, or needed, than in rural Tribal communities. This paper will examine why the unique circumstances of Tribal governments, individual Native American food producers, and Tribal citizens necessitate changes in several USDA programs to serve Indian Country. Further, it will review several policy changes in various titles of the next Farm Bill reauthorization that will help empower …


Cooperation Or Compromise? Understanding The Farm Billas Omnibus Legislation, Margaret Sova Mccabe May 2018

Cooperation Or Compromise? Understanding The Farm Billas Omnibus Legislation, Margaret Sova Mccabe

Journal of Food Law & Policy

The Farm Bill (the Bill) is the principal driver of U.S. food law and policy. Its substance spans the food system including commodities, conservation, trade, nutrition, credit, rural development, forestry, and energy. These substantive titles command much scholarly analysis yet there is comparatively little review of the law-making process that yields the Bill. Given increased focus on Congress’s ability to use its legislative powers effectively, this essay questions whether the Bill’s traditional treatment as omnibus legislation leads to beneficial coherence or too much compromise in food system policy. Interestingly, disparate stakeholders prioritize maintaining the Bill as omnibus legislation. Some scholars …


The Snap Sugar-Sweetened Beverage Debate: Restricting Purchases To Improve Health Outcomes Of Low-Income Americans, Nicole E. Negowetti May 2018

The Snap Sugar-Sweetened Beverage Debate: Restricting Purchases To Improve Health Outcomes Of Low-Income Americans, Nicole E. Negowetti

Journal of Food Law & Policy

The Supplemental Nutrition Assistance Program (SNAP) is a highly effective government program that reduces poverty and improves food security for millions of our country’s most vulnerable families. Amid threats of budget cuts to this critical program in the 2018 Farm Bill, advocates representing various interests have banded together in support of this vital program. However, the issue of restricting the purchase of sugar-sweetened beverages (SSB) with SNAP benefits has divided anti-hunger and public health advocates. While public health and medical officials support the idea of restrictions on junk food, arguing that SNAP should improve health and nutrition, not contribute to …


The End Of The Ramen Diet: Higher Education Students And Snap Benefits, Erika M. Dunyak May 2018

The End Of The Ramen Diet: Higher Education Students And Snap Benefits, Erika M. Dunyak

Journal of Food Law & Policy

Americans joke that college students have so little money that they subsist on 10 cent packs of ramen. Statistically, college students face much higher rates of food insecurity than the general population and the situation is particularly dire for students of color. Much has been written on this area in recent months and years and many commentators are seeking to denormalize poverty, hunger, and the “freshman 15” on campuses. This article will look to a solution for this hungry and often neglected population. In 2010, the Health, Hunger-Free Kids Act (HHFKA) reauthorized the Federal School Lunch Program. HHFKA contained several …


Food Localization: Empowering Community Food Systems Through The Farm Bill, Brian Albert Fink, Alexandra Oakley Schluntz, Joshua Ulan Galperin May 2018

Food Localization: Empowering Community Food Systems Through The Farm Bill, Brian Albert Fink, Alexandra Oakley Schluntz, Joshua Ulan Galperin

Journal of Food Law & Policy

More diverse and value-driven public engagement has transformed the American food system. This engagement has changed the behavior of industries, consumers, policymakers, and communities. At the heart of this change is the drive among countless individuals and organizations to promote a wider variety of food choices and shape the food system in harmony with their values. Despite the local and sovereign nature of this engagement, federal food and agricultural policies have contributed substantially to this transformation of the American food system. In isolation, many of these policies support discrete programs and individuals. In the aggregate, these policies strengthen different facets …


Editoral Board, Journal Editors May 2018

Editoral Board, Journal Editors

Journal of Food Law & Policy

No abstract provided.


Strengthening The National Organic Program With State Organic Programs, Kelly Damewood May 2018

Strengthening The National Organic Program With State Organic Programs, Kelly Damewood

Journal of Food Law & Policy

With an increasing amount of organic imports and steady growth in the organic sector, the U.S. Department of Agriculture’s (USDA) National Organic Program (NOP) needs additional enforcement resources to oversee a growing and evolving organic marketplace. California has the most efficient, robust organic enforcement in the U.S. because it has a state-administered organic enforcement program, the California State Organic Program (SOP). Based on the costs and benefits of the SOP, additional state organic programs are a viable means to increasing NOP enforcement resources when they are established in states where additional enforcement adds value to the state’s organic sector, organic …


School Of Law Faculty And Professional Staff, Journal Editors Dec 2017

School Of Law Faculty And Professional Staff, Journal Editors

Journal of Food Law & Policy

No abstract provided.


The Blight Of The Bumblebee: How Federal Conversation Efforts And Pesticide Regulations Inadequately Protect Invertebrate Pollinators From Pesticide Toxicity, Emily Helmick Dec 2017

The Blight Of The Bumblebee: How Federal Conversation Efforts And Pesticide Regulations Inadequately Protect Invertebrate Pollinators From Pesticide Toxicity, Emily Helmick

Journal of Food Law & Policy

This article explores the Endangered Species Act's conservation efforts towards the Rusty-Patched Bumblebee as a case study that highlights the gaps in protections afforded to invertebrate pollinators. It focuses on how the law does not adequately protect endangered invertebrate pollinators from inadvertent pesticide poisoning and introduces the threat that this poses to our food system.


Journal Of Food Law & Policy - Fall 2017, Journal Editors Dec 2017

Journal Of Food Law & Policy - Fall 2017, Journal Editors

Journal of Food Law & Policy

No abstract provided.


Food Law & Policy: An Essential Part Of Today's Legal Academy, Emily M. Broad Leib, Baylen J. Linnekin Dec 2017

Food Law & Policy: An Essential Part Of Today's Legal Academy, Emily M. Broad Leib, Baylen J. Linnekin

Journal of Food Law & Policy

This Article updates the authors’ seminal 2014 Wisconsin Law Review article, "Food Law & Policy: The Fertile Field’s Origins and First Decade," which was the first scholarly work to detail the fascinating origins and explosive growth of the legal field of Food Law & Policy. Using the same ten criteria the authors developed to measure the growth of Food Law & Policy for the 2014 article, this Article measures and details the field’s impressive growth since that time.


Editoral Board, Journal Editors Dec 2017

Editoral Board, Journal Editors

Journal of Food Law & Policy

No abstract provided.


Contents, Journal Editors Dec 2017

Contents, Journal Editors

Journal of Food Law & Policy

No abstract provided.


The Fda's Guidance On Dietary Supplement Naming And The Emperor's New Clothes, Neal D. Fortin Dec 2017

The Fda's Guidance On Dietary Supplement Naming And The Emperor's New Clothes, Neal D. Fortin

Journal of Food Law & Policy

In 2016 the FDA revised the agency’s guidance on dietary supplement labeling. This modification permits the term “dietary supplement” be the entire statement of identity for a dietary supplement. This is an error in the interpretation of the plain language of the Food, Drug, and Cosmetic Act, the plain language of 21 C.F.R. § 101.3(g); and does not comport with numerous rules of statutory interpretation. Moreover, this change violates the Administrative Procedures Act and the FDA’s rules on notice and comment. This change is a disguised rescission of 21 C.F.R. § 101.3(g) without a proper opportunity for the public to …


The Role Of Non-Profit Organizations In Shaping Food Law And Corporate Responsibility In The United States, Melissa M. Card Nov 2017

The Role Of Non-Profit Organizations In Shaping Food Law And Corporate Responsibility In The United States, Melissa M. Card

Journal of Food Law & Policy

This article assesses whether the United States should adopt an institutional process similar to Europe’s through giving non-profit organizations a role in shaping food law and corporate responsibility. Part I provides a comparative analysis of genetically engineered product regulations in the US and the EU. Part II explains how the institutional processes of the US and the EU led to the varying regulations. Part III asserts that the United States should change its institutional process through allowing public universities and private colleges to influence food law and corporate responsibility.


Journal Of Food Law & Policy - Spring 2017, Journal Editors May 2017

Journal Of Food Law & Policy - Spring 2017, Journal Editors

Journal of Food Law & Policy

After Donald Trump’s victory last November, we put out a call for brief essays examining what happened, what’s likely to happen, and what policymakers and advocates can do to keep pushing forward. The response was extraordinary. We received thought provoking submissions on a number of important topics, including antitrust, trade policy, food safety, and labor, among others. Instead of running a standard issue comprised of legal articles—with essays as an accompaniment—we decided to reverse the format and devote the bulk of this issue to these essays. The result is a penetrating and timely look at the state of food law …


Implementing The National Bioengineered Food Disclosure Standard, Lesley K. Mcallister May 2017

Implementing The National Bioengineered Food Disclosure Standard, Lesley K. Mcallister

Journal of Food Law & Policy

In July 2016, the National Bioengineered Food Disclosure Law was passed to establish a mandatory national system for disclosing the presence of genetically-engineered material in food (GMOs). The federal law preempts state and local initiatives to create labeling systems. This essay first analyzes the benefits and drawbacks of having a national GMO law rather than a patchwork of state laws. Then it provides commentary on how the USDA can create an effective and accessible labeling system, using scannable Quick Response (QR) codes.. The essay envisions a retail food system in which all consumers can easily and usefully obtain reliable information …


Aldf V. Otter: What Does It Mean For Other State’S “Ag-Gag” Laws?, Jacob Coleman May 2017

Aldf V. Otter: What Does It Mean For Other State’S “Ag-Gag” Laws?, Jacob Coleman

Journal of Food Law & Policy

Across the nation, states have enacted “Ag-gag” laws that criminalize various types of investigations into animal cruelty and worker abuses in the chain of animal agriculture. This article divides the types of “ag-gag” statutes into four waves with varying degrees of protection for farmers and corporations engaged in animal agriculture. Next, this article analyzes Animal Legal Defense Fund v. Otter, in which an Idaho judge struck down an “ag-gag” statute, and applies its holding to the various waves of “ag-gag” statutes.


Contents, Journal Editors May 2017

Contents, Journal Editors

Journal of Food Law & Policy

No abstract provided.


Foreword, Journal Editors May 2017

Foreword, Journal Editors

Journal of Food Law & Policy

No abstract provided.


A Call To Action: The New Academy Of Food Law & Policy, Emily M. Broad Leib, Susan A. Schneider May 2017

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.


The Butz Stops Here: Why The Food Movement Needs To Rethink Agricultural History, Nathan A. Rosenberg, Bryce Wilson Stucki May 2017

The Butz Stops Here: Why The Food Movement Needs To Rethink Agricultural History, Nathan A. Rosenberg, Bryce Wilson Stucki

Journal of Food Law & Policy

From the 1890s to the 1930s, rural Americans played a vital role in radical leftist politics. While specialists know this history well, the public tends to know a folk history, written by figures associated with contemporary food movements. This folk history rests on several key myths, which cover different periods of modern history from the New Deal to the present. This essay challenges these myths to reveal the causes and extent of the suffering endured by rural families in the 20th century, which in turn, decimated the populist left. A reconsideration of the history of agricultural policy will help food-system …


After The White House Garden: Food Justice In The Age Of Trump, Garrett M. Broad May 2017

After The White House Garden: Food Justice In The Age Of Trump, Garrett M. Broad

Journal of Food Law & Policy

It’s debatable whether President and First Lady Obama’s White House garden was a positive or negative symbol to the community food justice movement—but it did send a signal. This essay speculates what, if anything, the Trump administration will signal to these community food justice activists. It also recommends a potential strategy for grassroots food justice advocates fighting for already limited resources.


Food Justice In The Trump Age: Priorities For Urban Food Advocates, Nevin Cohen, Janet Poppendieck, Nicholas Freudenberg May 2017

Food Justice In The Trump Age: Priorities For Urban Food Advocates, Nevin Cohen, Janet Poppendieck, Nicholas Freudenberg

Journal of Food Law & Policy

This essay outlines priorities for food advocates following the election of President Donald Trump. Specifically, this essay advocates for: 1. preservation of snap, 2. prevention of industry deregulation, and 3. sustainment of regional food systems. In its analysis, this essay examines each of the potential conservative-back counter proposals for these priorities.


Possibilities For Farm Policy In A Trump Era, Stephen Carpenter, Kirsten Valentine Cadieux May 2017

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 May 2017

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 May 2017

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.


Editorial Board, Journal Editors May 2017

Editorial Board, Journal Editors

Journal of Food Law & Policy

No abstract provided.