Myth Making In The Heartland – Did Agriculture Elect The New President?,
2017
Drake University
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.
Fomenting Democracy: The Case For Federal – Local Cooperation,
2017
University of Michigan
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,
2017
Pace University
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.
Organic Agriculture Under The Trump Administration,
2017
North Carolina State University
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, …
Eating Is Not Political Action,
2017
Yale University
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.
An Interview With Outgoing Secretary Of Agriculture Tom Vilsack: Reflections On His Legacy & Challenges Facing A New Era In American Agriculture Policy,
2017
University of Arkansas, Fayetteville
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),
2017
Stanford University
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,
2017
Institute for Agriculture and Trade Policy
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,
2017
University of Arkansas, Fayetteville
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.
Virginia Executioner To Wear A Cloak: Diversion From The Real Controversy,
2017
Assistant Federal Public Defendender, Richmond, Virginia
Virginia Executioner To Wear A Cloak: Diversion From The Real Controversy, Paul G. Gill
University of Richmond Law Review
No abstract provided.
Food Date Labels And Hunger In America,
2017
Concordia University School of Law
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 …
State V. Brown: A Test For Local Food Ordinances,
2017
University of Maine School of Law
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 …
Liberty Of Palate,
2017
University of Maine School of Law
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, …
How Reliance On The Private Enforcement Of Public Regulatory Programs Undermines Food Safety In The United States: The Case Of Needled Meat,
2017
University of Maine School of Law
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 …
A Hungry Industry On Rolling Regulations: A Look At Food Truck Regulations In Cities Across The United States,
2017
University of Maine School of Law
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 …
Whatever Happened To The "Frankenfish"?: The Fda's Foot-Dragging On Transgenic Salmon,
2017
University of Maine School of Law
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 …
A National "Natural" Standard For Food Labeling,
2017
University of Maine School of Law
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 …
The New England Food System In 2060: Envisioning Tomorrow's Policy Through Today's Assessments,
2017
University of Maine School of Law
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 …
Food Safety And Security In The Monsanto Era: Peering Through The Lens Of A Rights Paradigm Against An Onslaught Of Corporate Domination,
2017
University of Maine School of Law
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 …
Zoning And Land Use Controls: Beyond Agriculture,
2017
University of Maine School of Law
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 …
