Welcome!

Welcome to On Food Law, a food law and policy blog administered by the Food Law Lab at Harvard Law and the Resnick Center for Food Law and Policy at UCLA Law.  This blog will be a forum for food law scholars, policymakers, media, the food industry, and the interested public to engage with and discuss research in and ideas about food law and policy.

Food is, at once, the most personal and the most political.  Food affects all of us and the law affects all of food.  The things we eat, from morning coffee to late night snack, come to us as they are as the result of an elaborate web of legal regulations.  On Food Law’s goal is to build an understanding of the law of food, and ultimately improve both the law and our food.

We hope to foster and amplify the conversation among the many stakeholders, including industry, activists, academics, and politicians. Our authors will include members of the Food Law Lab, Resnick Center, Harvard Law, and UCLA Law faculty, staff, and students, as well as other scholars, policymakers, and individuals with ideas that may affect the food system.  We will also cross post to other blogs and relevant publications.

We would like for this blog to be a place of thoughtful discussion, and although our default is no comments, we will consider opening specific posts to comments or publishing responses.  Please see our policies.

Finally, please join the discussion, share what you see here, and stay in touch.  Follow us on Twitter at @UCLAFoodLaw and @thefoodlawlab, or email us at resnickprogram@law.ucla.edu, info@foodlawlab.com, or winters@law.ucla.edu.

 

 

 

Featured post

The Resnick Center hosts the Director General of the Food and Agriculture Organization of the United Nations – 2/15

This is sure to be a fantastic event.

 

UCLA Law’s Resnick Center for Food Law and Policy and the Promise Institute for Human Rights invite you to a very special reception for and talk by José Graziano da Silva, the Director General of the Food and Agriculture Organization of the United Nations, on February 15, 2019, at UCLA Law School.  The Director General will speak on the Right to Food and the Global Agenda to Reverse Hunger and Malnutrition, and will be introduced by Hilal Elver, Global Distinguished Fellow at the Resnick Center and the Special Rapporteur on the Right to Food, United Nations Human Rights Council.

Date:     February 15, 2019

Time:     1:00-1:30pm, Reception [Shapiro Courtyard, UCLA Law;                                                               1:30-3:00pm, Presentation [Room 1457, UCLA Law]

Please RSVP to: resnickcenter@law.ucla.edu

 

Daily Parking permits for Lot 2 and Lot 3 are available for purchase at the Information Kiosk on Westholme Ave. and Hilgard Ave.
Short-term, pay-by-space parking is available at selected entrances to Lot 2 and Lot 3 and by the Law School Building along Charles E. Young Drive East.

Food Law News

Today was just chock full of food law & policy news.

1. The Supreme Court turned down challenges to two of California’s animal welfare laws: A) Proposition 2, California’s Prevention of Farm Animal Cruelty Act, which mandates that the state’s farm animals need be able to “turn around freely, lie down, stand up, and fully extend their limbs,” and B) CA’s foie gras ban.

The New Food Economy has a good summary of these laws and the challenges here: https://newfoodeconomy.org/supreme-court-animal-welfare-law-cage-free-egg-foie-gras-ban/

2. A federal judge in Iowa found the state’s “ag gag” law unconstitutional, saying that it violates the First Amendment.  https://www.desmoinesregister.com/story/money/agriculture/2019/01/09/ag-gag-law-iowa-struck-down-federal-judge-ia-agriculture-first-amendment-free-speech-puppy-mills/2527077002/

3. The government shutdown’s effect on food safety inspections has been widely noted: https://thehill.com/homenews/administration/424562-fda-says-most-food-inspections-have-been-halted-amid-shutdown.  FDA Commissioner Scott Gottlieb weighed in on Twitter, however, to explain that the FDA has NOT stopped inspections, but has postponed a small amount of routine inspections.  He wrote, “Food Safety During Shutdown: We’re taking steps to expand the scope of food safety surveillance inspections we’re doing during the shutdown to make sure we continue inspecting high risk food facilities. 31% of our inventory of domestic inspections are considered high risk…”

See thread: https://twitter.com/SGottliebFDA/status/1083055700593516545

He also explained, “We wouldn’t have conducted inspections during the 2 weeks around Christmas and New Years, so this is really the first week where there might have been *some* inspections postponed while we put in place mechanisms to continue high risk food surveillance inspections during shutdown”

For more discussion on the background of food safety inspections, and for fantastic food policy tweeting in general see Politico’s Helena Bottemiller Evich’s tweets: https://twitter.com/hbottemiller

 

 

The Economist on Gleaning

Happy New Year!  Apologies for the long holiday hiatus.  More soon, but for now, enjoy this fantastically interesting Economist article on the practice of gleaning:

https://www.economist.com/christmas-specials/2018/12/22/the-return-of-gleaning-in-the-modern-world

“The scale of the practice may have changed out of all recognition, but the philosophy—almost a theology—of gleaning remains the same. It completes and expands the harvest, so that the greatest possible number can share in it, especially the poor.”

Street Vending Decriminalized in L.A.

Just a note to follow up on our guest post by Joseph Pileri on October 3, 2018, discussing new legislation legalizing street vending across California.  This week, the Los Angeles City Council finalized an ordinance legalizing and regulating street vending, ahead of the state law discussed by Pileri that takes effect on January 1, 2019.  The city will implement a permit system, granting site-specific permits to vendors.  This system will take a year to develop, and until then, Los Angeles will regulate street vendors by requiring them to comply with certain rules and standards.

 

The foodralist paradigm

by Diana R. H. Winters

Laurie Beyranevand at the Vermont Law School and I wrote a paper about striking a balance between federal and state decision-making in the area of food policy, called Retooling American Foodralismand the University of Pennsylvania’s Regulatory Review wrote a thoughtful analysis of the paper here.  In the article, author Nicholas Bellos writes:

“[F]or an industry as sprawling and complex—and vital—as the nation’s agricultural sector, should states be the principal actors ensuring consumer safety?

In a recent paper, two scholars argue that they should. University of Vermont Law School’s Laurie Beyranevand and University of Indiana Robert H. McKinney School of Law’s* Diana Winters say that more states should take initiative like California to enact food safety regulations of their own, rather than depend on federal regulators to lead the way. The balance between federal and state decision-making—what they call “foodralism”—needs to tilt more toward state governments, they argue. States need to fill the gaps in the current patchwork of U.S. food regulations and serve as laboratories for developing new rules and standards.”

Retooling American Foodralism is forthcoming in the American Journal of Law and Medicine.

 

*Although I used to be at I.U. McKinney, I am now the Assistant Director of Scholarship at the Resnick Center for Food Law & Policy at UCLA Law.

 

Only the Brave Dare Eat the Fare!

October 25, 2018

Last week, Eric Schlosser, author of Fast Food Nation, reviewed The Poison Squad: 
One Chemist’s Single-Minded Crusade for Food Safety at the Turn of the Twentieth Century, by Deborah Blum.  The Poison Squad is about Harvey Wiley, the chief chemist at the USDA at the turn of the Twentieth Century, who worked to improve food safety and improve regulation and labeling in the United States.  Wiley formed a “poison squad” of young volunteers, to test the effects of various food additives.  The sign in their dining room read, “Only the Brave Dare Eat the Fare.”

As Schlosser points out, we are faced today, as we were last century, with adulterated food, rampant food fraud, and untested food additives.  The poison squad is us.

 

 

Event at UCLA Law: Suing Monsanto: How a Team of Lawyers Won a Verdict Linking the Herbicide Roundup to Cancer

October 25, 2018

You may remember the interview we did about a month ago with Michael Baum and Pedram Esfandiary from the law firm of Baum, Hedlund, Aristei & Goldman.  The firm represents approximately 700 plaintiffs in lawsuits against Monsanto alleging that the plaintiffs’ exposure to the Roundup herbicide caused them or a loved one to contract non-Hodgkin lymphoma.  Shortly after this interview, one of these state cases proceeded through trial, and a jury in San Francisco returned a verdict of $289.2 million against Monsanto, including $250 million in punitive damage.  (A few days ago, a California judge upheld the verdict but cut the award to $78 million.) Brent Wisner of Baum, Hedlund, Aristei & Goldman was co-lead trial counsel in this case.

On December 31, 2018, from 12:15-1:30pm, the Emmett Institute on Climate Change and the Environment and the Resnick Center for Food Law and Policy at UCLA Law will co-sponsor a lunchtime event that will feature attorneys Michael BaumPedram Esfandiary and Brent Wisner of Baum Hedlund Aristei Goldman, PC discussing their lawsuits against Monsanto.

Michael Roberts, Executive Director of the Resnick Center for Food Law and Policy, will provide opening remarks and Cara Horowitz, Andrew Sabin Family Foundation Co-Executive Director of the Emmett Institute on Climate Change and the Environment will moderate the discussion.

DATE/TIME/LOCATION:

October 31, 2018

12:15 p.m. – 1:30 p.m.

Room 1347

UCLA Law Building

385 Charles E Young Dr E

Los Angeles, CA 90095

Lunch will be provided for all registered guests.

RSVP:

Please register here by October 26, 2018.

SPEAKERS:

Opening remarks: Michael Roberts, Executive Director, Resnick Center for Food Law and Policy, UCLA School of Law

  • Michael Baum (UCLA J.D. ’85), Attorney, Managing Partner, President, Baum Hedlund Aristei Goldman, PC;
  • Brent Wisner, Attorney, Partner, Baum Hedlund Aristei Goldman, PC;
  • Pedram Esfandiary, Attorney, Baum Hedlund Aristei Goldman, PC;
  • Moderator: Cara Horowitz, Andrew Sabin Family Foundation Co-Executive Director, Emmett Institute on Climate Change and the Environment, UCLA School of Law

Conference: FDA – Past, Present, and Future

Last Friday I attended a terrific conference sponsored by American University Washington College of Law’s Health Law and Policy Program and the Food and Drug Law Institute (FDLI) on the FDA – Past, Present, and Future.  From a discussion with four former FDA Commissioners—Califf, Hamburg, Kessler, and von Eschenbach—to a conversation with four former FDA chief counsels—Cooper, Hutt, Masoudi, Troy—the conference provided a fantastic perspective on the agency, both current and historical.  There was a keynote address by Henry T. Greely, the Director of the Center for Law and the Biosciences at Stanford Law School, and a plethora of fantastic breakout sessions on drugs, devices, tobacco and cosmetics, food and animal products, and biological products.  You can find the agenda and conference papers here.  This was a conference for the ages, and I was lucky to be there.

Notes from South Korea

by Michael T. Roberts

On August 28, 2018, I participated in a roundtable discussion and spoke at a conference in South Korea sponsored by the National Food Safety Information Service (NFSI). As best as I can tell, this conference was the first in South Korea. The roundtable provided an excellent opportunity for me to listen first-hand to concerns about food regulation in South Korea.  The conference included academics working with NFSI as well as South Korean government officials. My assigned topic at the conference was Consolidation of Food Safety Regulation: Historical and Contemporary Considerations. My presentation addressed the current Trump proposal on June 21, 2018, to consolidate the administration of food safety regulation into the USDA and to rename FDA to Federal Drug Administration. This issue is very pertinent to South Korea, where there exists a high degree of fragmentation of food safety regulation.

NFSI is funded by the South Korean government. The organization comprises experts (mostly PhDs) who work closely with the Korean FDA and other agencies with jurisdiction over food safety regulation in Korea. I enjoyed getting to know officials of NFSI: Yun-Hee Chung, the President; Joohyung Lee, the Department Manager; and Soyoung Gwon, a Principal Researcher.

I very much appreciated the gracious hospitality of our hosts and look forward to further interaction with NFSI and others in South Korea in the pursuit of good governance of food.

 

 

 

 

 

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