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Articles 1321 - 1350 of 2833

Full-Text Articles in Food and Drug Law

Foreword, Journal Editors May 2017

Foreword, Journal Editors

Journal of Food Law & Policy

No abstract provided.

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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 …

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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.

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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.

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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.

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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.

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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.

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Eating Is Not Political Action, Joshua Galperin, Graham Downey, D. Lee Miller May 2017

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.

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Myth Making In The Heartland – Did Agriculture Elect The New President?, Neil D. Hamilton May 2017

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.

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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.

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Organic Agriculture Under The Trump Administration, Marne Coit May 2017

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, …

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Editorial Board, Journal Editors May 2017

Editorial Board, Journal Editors

Journal of Food Law & Policy

No abstract provided.

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Fomenting Democracy: The Case For Federal – Local Cooperation, Marilyn Sinkewicz, Jess Gilbert, Calvin Head May 2017

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.

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Farming And Eating, Margot J. Pollans May 2017

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.

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An Interview With Outgoing Secretary Of Agriculture Tom Vilsack: Reflections On His Legacy & Challenges Facing A New Era In American Agriculture Policy, Lauren Manning May 2017

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.

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Farmers Market Rules And Policies: Content And Design Suggestions (From A Lawyer), Jay A. Mitchell May 2017

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 …

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Trump’S New Trade Policy: Risks For North American Food And Farms, Karen Hansen Kuhn May 2017

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.

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Antitrust In Food And Farming Under President Trump, Leah Douglas May 2017

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.

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Virginia Executioner To Wear A Cloak: Diversion From The Real Controversy, Paul G. Gill May 2017

Virginia Executioner To Wear A Cloak: Diversion From The Real Controversy, Paul G. Gill

University of Richmond Law Review

No abstract provided.

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Food Date Labels And Hunger In America, Gwen B. Thomson Apr 2017

Food Date Labels And Hunger In America, Gwen B. Thomson

Concordia Law Review

Millions of Americans go hungry, while 40% of the food in the United States is wasted. Research has shown that 43% of the waste occurs in homes and that consumers are making decisions about purchasing and throwing away food without understanding the meaning of the food date labels. One of the most cost-effective ways to begin to effect a change is to eliminate the myriad of confusing food date labels so that individuals do not throw away good food. In May 2016, the Food Date Labeling Act of 2016 was proposed in both houses of Congress. This bicameral bill was …

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State V. Brown: A Test For Local Food Ordinances, Ryan Almy Apr 2017

State V. Brown: A Test For Local Food Ordinances, Ryan Almy

Maine Law Review

For many of us, adding a little milk to our morning coffee is likely one of the more insignificant tasks of the day. For Dan Brown of Blue Hill, Maine, that splash of dairy in his coffee mug is the result of his personal labor and constant, meticulous attention paid to the health and well-being of a single 1,000 pound mammal. Besides fresh raw milk, what does Brown gain from his efforts? He knows the exact source of the milk he puts in his coffee, as well as the butter his daughter spreads on her toast: Sprocket, Brown’s sole dairy …

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Liberty Of Palate, Samuel R. Wiseman Apr 2017

Liberty Of Palate, Samuel R. Wiseman

Maine Law Review

As lawmakers concerned with problems as diverse as childhood obesity, animal cruelty, and listeria have increasingly focused their attention on consumers, legal issues surrounding food choice have recently attracted much broader interest. Bans on large sodas in New York City, fast food chains in South Los Angeles, and foie gras in California and Chicago have provoked national controversy, as have federal raids on raw milk sellers. In response, various groups have decried restrictions on their ability to consume the food products of their choice. A few groups have organized around the principle of what we might call liberty of palate, …

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How Reliance On The Private Enforcement Of Public Regulatory Programs Undermines Food Safety In The United States: The Case Of Needled Meat, Diana R. H. Winters Apr 2017

How Reliance On The Private Enforcement Of Public Regulatory Programs Undermines Food Safety In The United States: The Case Of Needled Meat, Diana R. H. Winters

Maine Law Review

Mechanically tenderized meat is a relatively small, although persistent, food-safety problem in terms of the number of individuals affected by foodborne illness. However, the regulatory history of mechanically tenderized meat is a window into a much larger issue, that of regulatory inertia and the inadequacy of existing mechanisms to counter this stasis. This regulatory inertia does not have a simple cause, nor is it amendable to a simple solution. It cannot be reduced to a problem of agency capture, or a problem with agency incompetence, and although I will propose a couple of fixes, all of them have flaws. Telling …

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A Hungry Industry On Rolling Regulations: A Look At Food Truck Regulations In Cities Across The United States, Crystal T. Williams Apr 2017

A Hungry Industry On Rolling Regulations: A Look At Food Truck Regulations In Cities Across The United States, Crystal T. Williams

Maine Law Review

Although street vending has always been a part of the American food economy, in recent years modern food trucks have become a dining trend that is sweeping the country. With the booming popularity of food trucks, cities across the country are serving up various ways to regulate the growing number of vendors selling convenient and creative meals to patrons from mobile food units, commonly known as food trucks. Food trucks are regulated by local government agencies, which take a wide range of approaches. For example, in thirty-four of the nation’s largest cities, entire neighborhoods are off-limits to vendors, often including …

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Whatever Happened To The "Frankenfish"?: The Fda's Foot-Dragging On Transgenic Salmon, Lars Noah Apr 2017

Whatever Happened To The "Frankenfish"?: The Fda's Foot-Dragging On Transgenic Salmon, Lars Noah

Maine Law Review

AquaBounty Technologies has genetically modified the Atlantic salmon through the introduction of a growth hormone gene from the Chinook salmon, which allows the fish to reach market size almost twice as quickly as its farmed counterparts. The research began more than two decades ago. The company secured licenses for the patents that emerged out of this research, and its plans to commercialize the transgenic salmons (branded “AquAdvantage”) took shape more than a decade ago. In late 2010, the U.S. Food and Drug Administration (FDA) appeared to be on the verge of authorizing production, but, more than two years later, the …

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A National "Natural" Standard For Food Labeling, Nicole E. Negowetti Apr 2017

A National "Natural" Standard For Food Labeling, Nicole E. Negowetti

Maine Law Review

What do Juicy Juice fruit punch, SunChips, Nature Valley granola bars, and Skinny Girl Margaritas have in common? These products are all branded with the term “natural.” From canned vegetables to cereals to soft drinks, the term “natural” has become one of the most common claims on food, drugs, dietary supplements, and personal care products. The word “natural on the label or in advertising brings to mind nature, and things that are pure, clean, healthy, free of artificial additives, and therefore safe, harmless, and beneficial to overall health. In 2011, “all-natural” was the second-most-used claim on the new American food …

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The New England Food System In 2060: Envisioning Tomorrow's Policy Through Today's Assessments, Margaret Sova Mccabe, Joanne Burke Apr 2017

The New England Food System In 2060: Envisioning Tomorrow's Policy Through Today's Assessments, Margaret Sova Mccabe, Joanne Burke

Maine Law Review

As the local food movement gains critical mass around the country, deep and important issues concerning food system policy arise. The modern American food system spans from agricultural production to food processing to food consumption, and finally, to health outcomes. The system’s components include economic, environmental, social, political, and scientific aspects that interact in ways that far outstrip any one discipline’s capacity to analyze and resolve problems. Additionally, the system is profoundly shaped by a complex architecture of laws and regulation. With much credit to the local and regional food movements, people have begun to question not only the current …

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Food Safety And Security In The Monsanto Era: Peering Through The Lens Of A Rights Paradigm Against An Onslaught Of Corporate Domination, Saby Ghoshray Apr 2017

Food Safety And Security In The Monsanto Era: Peering Through The Lens Of A Rights Paradigm Against An Onslaught Of Corporate Domination, Saby Ghoshray

Maine Law Review

Since our earliest ancestors’ desire for a better hunting weapon to procure food or a better storage facility to avoid spoilage, food safety and security has shaped human social and technological evolution like no other essential element. The need to procure food has shaped our civilization since the first human graced our planet. Food continues to be a pivotal force in humankind’s saga for life and death. Yet, despite stratospheric progress in scientific application surrounding food, food security and safety for all citizens continues to elude mankind. Why do some enjoy a feast, while others suffer in famine? This essay …

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Zoning And Land Use Controls: Beyond Agriculture, Lisa M. Feldstein Apr 2017

Zoning And Land Use Controls: Beyond Agriculture, Lisa M. Feldstein

Maine Law Review

If one were playing a word association game and were asked what comes to mind when the terms “food” and “land use” are given, chances are high that the response would be “agriculture.” Yet every stage in the food system, from being grown or raised through being consumed, is place-based. Put differently, everything that happens with our food system involves land use in some way. Even the acquisition of aquatically sourced foods requires a journey that begins from the shore, and yet it is rare to consider the profound ways in which our every interaction with food system utilizes or …

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Obesity Prevention Policies At The Local Level: Tobacco's Lessons, Paul A. Diller Apr 2017

Obesity Prevention Policies At The Local Level: Tobacco's Lessons, Paul A. Diller

Maine Law Review

For at least a decade, commentators have speculated that obesity is the next tobacco, a public health scourge that might nonetheless offer a gold mine to ambitious plaintiffs’ lawyers. Successful lawsuits, as in the tobacco context, might spur the food industry to reform its practices so as to help reduce the alarmingly high national obesity rate. The obesity narrative, however, has not played out accordingly to the same script as tobacco. Relatively quick action by most state legislatures immunized the food industry to tort lawsuits seeking obesity-related damages, and the scant judicial opinions on the issue have skeptically assessed plaintiffs’ …

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