Welcome!

Welcome to On Food Law, a food law and policy blog administered by 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

Legal Recourse for Self-Regulation in the Honey Industry

This is the third of four posts by students in the UCLA Law Food Law and Policy Clinic on honey adulteration, honey litigation, and potential policy solutions to the problem of honey fraud.

By Terra Duchene, Aris Prince, Victoria Russell, Candace Yamanishi*

The American honey industry has been aware of the honey fraud problem for a long time. This post outlines fraudulent conduct in the honey certification space and describes a new California lawsuit that tackles honey adulteration.

 In 2010, four North American honey packers and importers set up a certification program called True Source to guarantee the origin, safety, and purity of honey. Since the program’s creation, True Source participation has flourished. True Source representatives told the UCLA Food Law & Policy Clinic (“the Clinic”) that as of January 2021, 40% of honey sold in the USA and Canada is True Source Certified, and there are 820 participating companies: 22 packers, 23 importers, 95 exporters, and 680 beekeepers.

The True Source concept is simple. In theory, honey certified by the organization is regularly tested by third party laboratories for authenticity and is designed to allow honey to be tracked from the consumer, back through the supply chain, to the country of origin and the beekeeper who harvested the honey from the beehive. (True Source Standard; Complaint). The True Source participants are supposedly required to comply with specific standards (the “True Source Certified Standard”) to ensure the traceability and authenticity of honey at each stage in the supply chain.

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Upcoming Webinar

By Diana Winters

Please let me draw your attention to this exciting upcoming webinar in the Faegre Drinker Food Webinar series, to be held at 10am PT on June 15, 2021:

Litigation Considerations Arising From the Pandemic – This presentation will explore litigation trends in the food practice area arising from the COVID-19 pandemic. Covered topics include types of litigated claims, state and federal defenses, and jurisdictional questions, among others.

The webinar will be led by Molly Flynn, a partner at Faegre Drinker, and Rita Mansuryan, an associate at Faegre Drinker and a Research Affiliate with the Resnick Center, as well as an Advisory Board member.

I am sure it will be terrific. You can register for the webinar here.

What is Adulteration?

This is the second of four posts by students in the UCLA Law Food Law and Policy Clinic on honey adulteration, honey litigation, and potential policy solutions to the problem of honey fraud.

By Terra Duchene, Aris Prince, Victoria Russell, Candace Yamanishi*

Honey is made when the nectar and sweet deposits from flowering plants are gathered, stored, and dehydrated in honeycomb by honeybees. By definition, honey is a pure, single ingredient natural substance free of other substances or sweeteners. Honey adulteration occurs when real honey is added to or altered in such a way that it modifies its natural composition and integrity.

Adulteration occurs in a variety of forms, the most common being dilution with cheap fillers, sugary syrups, or other additives. This dilution increases the sugar content as well as changes the color and texture of the honey. Some honey producers extract the honey from the honeycomb prematurely[R(1] , or even substitute the nectar usually used to feed honeybees with sugar water to increase honey production and enhance their honey’s sweetness. Other common forms of adulteration include super heating and ultrafiltration or “resin stripping,” which remove pollen and naturally occurring enzymes to “improve” taste and smell and prevent the crystallization that retailers and consumers often find unattractive. Pollen removal is also an effective way to obfuscate efforts to track honey by adding local pollen after removing the foreign source pollen so that adulterators can circumvent labeling laws. Honey blending is another non-obvious form of adulteration where different honeys are blended in varying amounts and often misrepresented as a single type of honey. According to Amina Harris, Director of the Honey and Pollination Center at the UC Davis Robert Mondavi Institute for Wine and Food Science, a honey that has been labeled “Orange Blossom Honey” may be composed of only 28% orange blossom so long as that is the highest percentage present. The other 73% can be composed of any random mixture of various types of honey.

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On Food Law News!

Hello! On Food Law is celebrating its approximate three-and-a-half year birthday! Please send (healthy) cake.

We would like to celebrate this milestone with some news. The blog is no longer jointly administered with Harvard’s Food Law Lab, but is now solely a Resnick Center at UCLA Law operation. Nothing has, or will change. We welcome posts from students, faculty, and others from any school and any state, and look forward to many more years of providing cutting edge food law and policy news, scholarship, and commentary.

Thanks for your time, your attention, and your food law wisdom. Please email Diana Winters at winters@law.ucla.edu with questions, comments, and/or blog post ideas.

Honey Adulteration and the Precarity of the U.S. Beekeeper

This is the first of four posts by students in the UCLA Law Food Law and Policy Clinic on honey adulteration, honey litigation, and potential policy solutions to the problem of honey fraud.

By Terra Duchene, Aris Prince, Victoria Russell, Candace Yamanishi*

Honey litigation is in the news again. Like previous honey lawsuits such as the Honeygate scandal—in which honey fraudsters were arrested for selling fraudulent honey that passed through U.S. Customs with fraudulent country of origin documents—the honey lawsuit filed March 29, 2021, in United States District Court, Eastern District of California, is targeted at actors responsible for flooding the U.S. market with cheap adulterated honey. Unlike previous lawsuits, this lawsuit focuses on a different set of victims: U.S. beekeepers who have been overwhelmingly harmed by adulterated honey flooding into the North American market.

Numerous commercial beekeepers in the U.S. are sitting on millions of pounds of real honey that they cannot sell. Why? Because the market is flooded with cheap, adulterated honey from out of the country, and producers of real honey in the U.S. are forced to sell at a loss. The Food Law and Policy Clinic at UCLA, an experiential course that partners law students with local and regional non-profit organizations and community groups to advocate for food movements, was paired with lifelong American beekeeper Chris Hiatt. Hiatt is fighting for the survival of his second-generation family business, Hiatt Honey, which has been owned by five Hiatt brothers for over five decades. Hiatt advocates to keep commercial beekeepers in business by preventing the continued proliferation of adulterated honey and honey fraud in the U.S.

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Repast – New Episode! Protecting the Liver, Feeding the Gut, and Changing Society with Dr. Robert Lustig

Listen to the new episode of Repast, a food law and policy podcast from the Resnick Center.

This month, Michael and Diana talk with Dr. Robert Lustig about his new book, Metabolical, The Lure and the Lies of Processed Food, Nutrition, and Modern Medicine.  They talk about the health harms caused by processed foods and the massive increase in sugar consumption over the last several decades; possible societal interventions to address these problems; how the processed food public health battle is like the battle over tobacco; and more, including Dr. Lustig’s personal advice to all of us as to what healthy foods do: “Protect the liver, feed the gut.”

Dr. Robert Lustig is Professor emeritus of Pediatrics, Division of Endocrinology at the University of California, San Francisco (UCSF). He specializes in the field of neuroendocrinology, with an emphasis on the regulation of energy balance by the central nervous system.

 Michael T. Roberts is the Executive Director of the Resnick Center for Food Law & Policy at UCLA Law.

 Diana Winters is the Deputy Director of the Resnick Center for Food Law & Policy at UCLA Law.

You can order Dr. Lustig’s new book, Metabolical, here.

You can find Dr. Lustig’s previous book, The Hacking of the American Mind: The Science Behind the Corporate Takeover of Our Bodies and Brains, here, and his book, Fat Chance, here.

Repast – New Episode! Reforming Food Systems with Nancy E. Roman

Listen to the new episode of Repast, a food law and policy podcast from the Resnick Center.

In this episode of Repast, Diana Winters and Nancy E. Roman, President and CEO of Partnership for a Healthier America (PHA), discuss Nancy’s journey to her work with transforming the food landscape, and some of PHA’s most significant campaigns.  These include Pass the Love with Waffles + Mochi, a food equity campaign held in conjunction with Michelle Obama’s Netflix show about good food, and its Healthy Hunger Relief initiative, where it is working to improve the nutritional profile at our nation’s food banks.

Nancy and Diana also discussed some of the most important action items Nancy would like to see both in the Biden administration and globally, and looked forward to the upcoming PHA Summit, and the UN’s 2021 Food Systems Summit, a potentially transformative moment in food systems reform.

Diana Winters is the Deputy Director of the Resnick Center for Food Law & Policy at UCLA Law.

Nancy E. Roman is the President and CEO of Partnership for a Healthier America.

You can read Nancy E. Roman’s latest blog post on reforming the food system here.

You can register for the PHA 2021 Summit, to be held virtually on May 12, 2021, at 10am PT/1pm EST, here.

You can find more information about the UN’s 2021 Food Systems Summit here.

A Historical Perspective on Regulating Eating Places Amid a Pandemic

by Brian Fink*

The ferocity and turmoil of the Covid-19 pandemic has, at times, been compared to the so-called Spanish Flu of 1918–1920.  Dr. Anthony Fauci, the nation’s top infectious disease expert, said in July 2020 that the Covid-19 pandemic could reach the same tragic magnitude as the Spanish Flu.  The United States lost about 675,000 people to that virus.  In February 2021, it had already lost 500,000 to the new one.  There are many comparisons to be made, and the present feels frighteningly familiar.

That is why I decided to see for myself how we regulated restaurants, bars, and the rest of the budding American hospitality industry during the Spanish Flu.  To do that, I analyzed scores of newspaper stories and advertisements from between 1918 and 1920.

What I discovered was déjà vu: a global pandemic, mask mandates, forced quarantines, fake news and newspapers fanning the flames of fear, eating places and entertainment venues shuttered, curfews and restricted hours of service, restaurants struggling to survive, businesses deemed essential and nonessential, anti-vaxxers, hairbrained explanations of how the virus started, an economy on the brink, and, oh, the fighting and the politics.

Continue reading “A Historical Perspective on Regulating Eating Places Amid a Pandemic”

Two Important Food Policy Roadmaps

by Diana Winters

Today marks the one-year anniversary of the day the World Health Organization declared Covid-19 to be a global pandemic, and over this past year, the preexisting weaknesses, incapacities, and inequities of the national and global food system have been glaringly evident. From food and supply shortages, to disease outbreaks in meat production facilities, to the breakdown in school lunch distribution networks, to an enormous rise in food insecurity, the pandemic emergency brought the dangers of consolidation in the food system and shortsighted agricultural and nutrition policy to the forefront of public awareness.

Two recent reports, one by the New York City Mayor’s Office of Food Policy, and one by the Center for Good Food Purchasing, have outlined roadmaps toward a stronger food system.

Food Forward NYC is organized around five goals supporting a framework to lead to a ore healthy, equitable, and sustainable food system in a decade’s time. These goals are: (1) All New Yorkers have multiple ways to access healthy, affordable, and culturally appropriate food; (2) New York City’s food economy drives economic opportunity and provides good jobs; (3) The supply chains that feed New York City are modern, efficient, and resilient; (4) New York City’s food is produced, distributed, and disposed of sustainably; and to (5) Support the systems and knowledge to implement the 10-year food policy plan. Each of these goals will require collaboration among multiple stakeholders, and the Office of Food Policy will issue a biennial report as to the City’s progress.

The Good Food Purchasing Program roadmap for the post-pandemic food system we need also posits a ten-year timeframe for the building of a stronger and better food system. The roadmap is built around five core values that support the Center for Good Food Purchasing’s program: Valued Workforce; Local Economies; Animal Welfare; Nutrition; and Environmental Sustainability, all of which are guided by equity, transparency, and accessibility. The roadmap is organized around three key pillars of success: (1) the power of partnerships; (2) shared goals and infrastructure, and; (3) transformational policies.

Both of these reports seek to utilize the observations and lessons drawn from the pandemic emergency’s impact on the food system so that as we rebuild, we recreate as well.

Op-ed: How to Feed America Better Post-Covid

By Veronica Goodman*

When teachers locked up their classrooms last March, few thought that a year later schools would still be shuttered and that millions of children would lack access to essential services, such as meals, and that millions of jobs would be lost, leaving many individuals and families struggling to put food on the table. America’s hunger crisis is now so acute that a recent analysis found that the number of children not getting enough to eat was ten times higher during the pandemic, while nearly 1 in 6 adults – or close to 24 million Americans – reported that their households did not have enough to eat sometimes or often in the past seven days.  

The sharp rise of hunger during the pandemic is yet another woeful legacy of the Trump administration’s mishandling of the Covid crisis, including trying to deny access to food relief by placing unnecessary bureaucratic barriers on states and even attempting to kick nearly 700,000 unemployed people off of food assistance in the midst of a once-in-a-century public health crisis. President Biden has thankfully made quick progress to address the hunger crisis through executive action and proposed legislation, but there is more work to be done to make our federal anti-hunger policy more resilient going forward for the next crisis, and to address the structural barriers to food affordability and access.

In his first week in office, President Biden signed an executive order that will help alleviate the hunger crisis by increasing benefits of the Pandemic-EBT program (P-EBT) and the Supplemental Nutrition Assistance Program (SNAP), as well as calling for the Agriculture Department to modernize the Thrifty Food Plan to better reflect the cost of a market basket of foods upon which SNAP benefits are based. Biden’s American Rescue Plan will also significantly bolster food assistance programs around the country. Collectively, these changes should make food aid more generous and better targeted.

However, many anti-hunger innovations were born of necessity during the pandemic, and these should serve as lessons learned going forward to better prepare for a future crisis. The P-EBT program has been a success at bridging the gap in nutrition for low-income children who used to obtain meals through programs at their schools, but who could no longer do so with schools closed. This program should be studied to see if it can be converted to a Summer EBT option going forward. Furthermore, to stay ahead of a future crisis, researchers at the Center on Budget and Policy Priorities have suggested that Congress “leverage the P-EBT structure to create a permanent authorization for states to issue replacement benefits (similar to P-EBT, and perhaps renamed “emergency-” or E-EBT) in case of lengthy school or child care closures resulting from a future public health emergency or natural disaster.” This would make it easier for states to act quickly and not rely on Congressional action should schools need to close in the future. Finally, Rep. Suzanne Bonamici has introduced a bill that would more effectively allow schools to distribute free meals to students and other community members in need, and to extend meal service for afterschool meals and snack programs. These measures would make our systems nimbler and more responsive should a future disruption, national or local, occur.

America’s hunger crisis did not start with the pandemic, and policymakers should go further to address three key underlying causes and structural barriers to food access and affordability. First, the White House should focus on stricter antitrust enforcement in the food industry. The U.S. food and agriculture industry is concentrated, with a few large firms dominating many markets, which can drive up consumer prices on basic nutrition staples. Second, Congress should enact the HOPE Act, introduced by Reps. Joe Morelle and Jim McGovern and Senator Kirsten Gillibrand (D-NY) which would create online accounts that enable low-income families to apply once for all social programs they qualify for, rather than forcing them to run a bureaucratic gauntlet that makes it difficult for low-income Americans to get public assistance. Third, Congress should take up legislation, such as the bipartisan Healthy Food Access for All Americans (HFAAA) Act put forth by Sens. Mark R. Warner, Jerry Moran, Bob Casey, Shelley Moore Capito, that incentivizes food providers to set up shop in rural and hard-to-reach communities to improve food access for the estimated 40 million Americans living in “food deserts” that lack a nearby grocery store or food pantry or bank.

Food insecurity is not just a moral issue, it also has economic and social costs. Adults who go hungry are less productive and are more likely to suffer from chronic illness. Hungry children are more likely to get sick and fall behind in school. One in five Black and Hispanic households report they are unable to afford food. Poor nutrition and soaring rates of metabolic disease are a drag on the economy and contribute to rising healthcare costs and early deaths in minority and low-income families that are disproportionately more likely to experience poor nutrition and health as a result of food insecurity. And a boost in food assistance programs has even been found to speed economy recovery during a downturn and serve as an “automatic stabilizer”, an added bonus of fighting hunger during the Covid recession.

It’s time for a new national commitment to wiping out hunger and malnutrition in America. The pandemic and the associated hunger crisis have taught us valuable lessons that we should use so that we can be better prepared to face a future crisis and to curb hunger in America.

*Veronica Goodman is the Director of Social Policy at the Progressive Policy Institute. In her role, she develops and analyzes policies designed to help lift more Americans out of poverty and to strengthen the middle class, focusing on social mobility, inequality, labor, and modernizing social services. Veronica earned graduate degrees in economics and public management from Johns Hopkins University, and her undergraduate degree from The George Washington University.

You can find Goodman’s full paper on a comprehensive federal approach to the hunger crisis here.

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