Community Gardens and Urban Farm: Land Acquisition

by Lucy Weiss*

Community gardens and urban farms are often thought of in conjunction with one another. After all, they share similarities; both are places where people, typically small-scale producers, come together to grow fruits and vegetables, and both provide consumers access to local produce. Both community gardens and urban farms benefit those who grow/purchase fresh produce, and the environment more generally. They recharge groundwater, prevent erosion, and mitigate dust impacts to cities. Community gardens and urban farms also face similar challenges including land acquisition, rising water rates, and climate change. Despite their overlaps, it is worth noting the distinctions between community gardens and urban farms, because these differences can  affect how they function. Urban farms typically have the goal of turning a profit whereas community gardens, which are run by residents and non profit organizations, tend to orient themselves toward education and facilitating relationships between people and nature. These divergent goals result in different models of operation. For instance, urban farms have fewer people doing more of the labor and getting paid for it. In community gardens, however, individuals often have their own plots of land and pay a membership fee to garden. Produce grown at community gardens is also eaten by individuals rather than sold for profit. Land acquisition also functions differently for urban farms and community gardens, which I will discuss in this post. 

Continue reading “Community Gardens and Urban Farm: Land Acquisition”

2021 California Food Legislation

by Beth Kent*

            The California State Legislature is back in session, and legislators have introduced a number of bills related to food and agriculture. Many of these bills address food insecurity, which has been exacerbated by the Covid-19 pandemic. A number of bills focus on sustainable agriculture, including phasing out pesticides and protecting agricultural lands. Governor Newsom’s proposed Budget also includes funding for a new approach to pesticide regulation that aims to catalyze the transition to safe and sustainable agriculture.

This is the beginning of the legislative cycle, and bill text and budget priorities are subject to change, but it is exciting to see so many bills that address food and agricultural issues. You can track your bill priorities here, and we will provide an update at the end of the session that summarizes the bills that are passed by the Legislature and approved by the Governor.

Food and the Environment

  • AB-350 (Villapudua) would create a grant program to help landowners in the San Joaquin Valley’s “critically over-drafted basins” meet the Sustainable Groundwater Management Act’s water use reduction goals.
  • AB-352 (Rivas) proposes amendments to the California Farmland Conservancy Program to make the program more accessible to low-income, diverse, and socially disadvantaged farmers and ranchers.
  • AB-391 (Villapudua) proposes appropriating $5 million from the Department of Food and Agriculture’s General Fund to provide technical assistance and grants to incentivize participation in state and federal conservation programs that integrate pollinator habitat and forage on working lands.
  • AB-567 (Bauer-Kahan) proposes expanding pesticide regulations to prohibit using neonicotinoids (a type of insecticide that is especially harmful to bees) on seeds and makes the use of neonicotinoids a misdemeanor.
  • AB-1086 (Aguiar-Curry) would require the California Natural Resources Agency to develop an implementation strategy to achieve the State’s organic waste, and related climate change and air quality, goals. The implementation strategy may include recommendations on policy and funding support for the beneficial reuse of organic waste.

Nutrition and Food Security

  • SB-364 (Skinner): Introduced by Senator Skinner and co-authored by Senators Eggman, Hertzberg, Laird, Limón, McGuire, Hueso, Newman, Wieckowski, and Wiener and Assembly Members Berman, Carrillo, Chiu, Cooley, Cooper, Cristina Garcia, Eduardo Garcia, Levine, Nazarian, Quirk-Silva, Reyes, Robert Rivas, Rodriguez, Santiago, Stone, and Villapudua, SB-364 proposes to establish a California Universal School Meal Program, which would continue to make school free breakfast and lunch programs available to all children beyond the COVID-19 public health crisis. It would also establish the Better Out of School Time (BOOST) Nutrition Program to prevent child hunger when schools are not in session.
  • AB-221 (Santiago, Chiu, and R. Rivas): Introduced by Assembly Members Santiago, Chiu, and Robert Rivas and co-authored by Assembly Members Burke, Carrillo, Cristina Garcia, Gipson, Grayson, Kamlager, Luz Rivas, Stone, and Villapudua and Senators Rubio, Dodd, Durazo, and Wiener, AB-221is an urgency statue that would make food assistance benefits available to low-income California residents across the State, regardless of their immigration status. The bill also commissions a study to identify permanent solutions for low-income food assistance programs to address food insecurity throughout the State.
  • SB-108 (Hurtado) would declare that every human being has the right to access sufficient healthy food and require state agencies to revise and adopt policies accordingly.
  • AB-941 (Bennett and R. Rivas): Introduced by Assembly Members Bennett and Robert Rivas and co-authored by Senators Limón and Dodd and Assembly Member Medina, AB-941would establish a grant program to create farmworker resources centers. Resource centers would provide farmworkers and their families information and access to services related to education, housing, payroll and wage rights, and health and human services.
  • AB-1009 (Bloom) would establish the Farm to School Food Hub Program, which would incentivize the creation and permanency of farm to school hubs. Hubs would function as nonprofit aggregators and supply chain intermediaries to distribute food products from farms or ranches to public institutions and nonprofit organizations. The goals of the program are promote food access and to increase the amount of agricultural products available to underserved communities and schools.
  • SB-20 (Dodd) would increase access to Supplemental Nutrition Assistance Program/CalFresh Benefits for low-income community college students by requiring the Student Aid Commission to notify students of their CalFresh eligibility. These requirements are intended to educate students about the availability of CalFresh benefits and to help address food insecurity among low-income community college students.
  • AB-543 (Davies): Introduced by Davies and coauthored by Dodd, AB-543 would require California universities to provide information about CalFresh to all incoming students as part of campus orientation.
  • AB-508 (L. Rivas and Lorena Gonzalez): Introduced by Assembly Members Luz Rivas and Lorena Gonzalez and coauthored by Assembly Members Kalra, Bauer-Kahan, Boerner Horvath, and Eduardo Garcia, AB-508 would expand school meal programs by requiring school districts and county superintendents to provide free meals for students who are eligible to receive reduced-priced meals.
  • AB-558 (Nazarian) would create the California School Plant-Based Food and Beverage Program, which would provide reimbursements to school districts that provide plant-based options as part of free and reduced-price school meal programs. This bill could have positive health and environmental benefits by increasing access to plant-based food.
  • AB-368 (Bonta): Introduced by Assembly Member Bonta and coauthored by Assembly Members Chiu and Wicks, AB-368 would establish a pilot program to provide prescriptions for medically supportive food. Eligible Medi-Cal beneficiaries could receive vouchers to redeem specific foods that can alleviate or treat medical conditions, such a diabetes and hypertension.

*Beth Kent is an Emmett/Frankel Fellow in Environmental Law and Policy at UCLA School of Law for 2020-2022. She earned her J.D. from UCLA School of Law with a specialization in Public Interest Law & Policy from the Epstein Program, and she actively participated in UCLA Law’s environmental and food law programs.

Food Policy with Senator Tom Harkin – a Repast Interview

We are so pleased to share this terrific new episode of Repast, where Michael Roberts interviews Senator Tom Harkin on his years in Congress and his significant impact on food policy, the Harkin Institute and its focus on wellness and nutrition–including the Institute’s upcoming symposium on food as medicine--and the opportunities Senator Harkin sees for food policy with the Biden administration.

You can listen to the episode here.

The Small Farm in a Big Food System

by Evan Graham Arango*

Our modern food system prioritizes efficiency and scalability over all other considerations. The result is a highly mechanized and centralized system capable of producing and distributing staggering amounts of food at low cost to consumers.  The majority of food is packaged and handled by a small number of very large processing plants.  Most of this food is produced, controlled and distributed by an even smaller number of giant corporations.  This preference for efficiency, which has shaped the landscape of our modern food system just as it has the physical landscape of our country, comes with tradeoffs that have been largely ignored by our law and policymakers for far too long.  Specifically, the relaxed enforcement of antitrust regulations in the food sector has caused intensive centralization of our food cultivation and distribution system.  Small-scale organic and regenerative farms can significantly impact local food systems in a more robust and sustainable manner.

Degradation of farmland, food contamination, worker safety, climate change, and even intentional attack are some of the primary risks that derive from having such a highly centralized food system.  From an environmental perspective, our soil, water and ecosystems have paid a heavy and easily overlooked price from the agglomeration of power in the food industry.  Moreover, the pandemic has exposed some of these risks and has highlighted both the immediate and long-term need to build into our food system qualities like adaptability, diversification and sustainability.  While the pandemic forcefully brought issues like worker safety, food waste, and food security to the front page headlines, these issues ultimately stem from deeply rooted legal and policy decisions that have invariably favored centralization and efficiency over sustainability and security.  The pandemic has not caused these problems, it has simply revealed just how vulnerable the system is on a national and global scale. This system will only continue to be tested as the Earth’s climate becomes less predictable, soils less fertile, and the number of people to feed increases. I see new technologies and production techniques, along with more small-scale food producers, as promising solutions to many of the risks our food system faces. 

I recently had the opportunity to visit Steadfast Farm in Mesa, Arizona, which provides a great example of how farmers, developers and local governments can work together to create robust and flourishing local food production systems. Here, farmer Erich Shultz partnered with developers to create a profitable one-acre vegetable farm in the heart of a suburban development community.  The farm is beautifully landscaped into the community and serves as an attraction for new residents while securing a place for Erich to run his operation. 

Models such as this can also help overcome the common problem of land acquisition which serves as a major barrier of entry for beginning farmers.  The problem of affordable farmland acquisition is especially apparent in urban and suburban settings where land values are often prohibitively expensive to farm despite the high demand for hyperlocal fresh produce.  Steadfast Farm sells fresh organic vegetables to the local community via an on-farm store, a vegetable box subscription program, farmers markets, and to local restaurants. Small, well managed farms like Steadfast Farm have the potential to be far more profitable per acre than larger-scale farms and have a serious impact on their local food systems.  Many small farms have also been nimble enough to sustain themselves, or even increase business during the pandemic as the demand for healthy local food surged and the threat to the national food supply became apparent. 

How productive can a small-scale regenerative farm be? This is the most common question I have received since I started Ojai Roots, a quarter-acre vegetable farm in Ojai, CA, where I focus on experimenting with organic production techniques that maximize the productivity and revenue potential of very small farms without compromising on environmental care.  While I devote my work on the farm to answering the question of how productive a small farm can be, I have come to understand that the real power may lie in increasing the number of small farms, and their potential to succeed as profitable businesses.  Research, innovation and information sharing will be key in the development and proliferation of these farms and local food production business models. 

The success of these types of diverse local food systems depends on entrepreneurial creativity and supportive laws and policies that rethink issues like zoning, urban/ag divide, business associations, water use, food safety, and environmental protection.  The incoming administration has the opportunity, and hopefully the political will, to support these kinds of changes. Efficiency, while important, cannot be all that counts in making food policy decisions.  It is time to reimagine the possibilities for local food production and get creative in building a more resilient and just food system. 

*Evan Graham Arango is the owner, founder and farmer at Ojai Roots Farm in Ojai, CA. He graduated UCLA Law in 2020 specializing in environmental law and taking courses in food and agricultural law and policy. He supports the small-scale regenerative farming movement currently underway and advocates for policies that help build a more resilient and sustainable food system.

Evan is currently a Research Affiliate with the Resnick Center for Food Law & Policy at UCLA Law. Research Affiliates are recent law school graduates working to better the food system who consult and assist on various Resnick Center research projects.

To contact Evan or for more information about Ojai Roots Farm:
Email: ojairootsfarm@gmail.com
Website: https://ojairootsfarm.com
Instagram: @Ojairoots

Webinar: Impacts of COVID-19 on Food Security and Long-term Implications and Adaptations

by Diana Winters

On September 18, I attended a webinar hosted by the Center for Urban and Regional Analysis at Ohio State University on the impacts of Covid-19 on food security. The panelists included Kip Curtis, an Associate Professor in the Department of History at OSU, Mary Rodriguez, an Assistant Professor in the Department of Agricultural Communication, Education, and Leadership at OSU, Brian Snyder, the Executive Director of the Initiative for Food and Agricultural Transformation (InFACT) at OSU, and Lauren Vargo – a Program Manager at Case Western Reserve University.

The panelists discussed the enormous impact of Covid-19 on family decision-making concerning food, and the increase in the use of federal and state food assistance benefits. Rodriguez described how families had to shift their buying habits because of the pandemic. Although official advice was to acquire two weeks of food, many families had neither the financial capacity nor the infrastructure to do so, and had to shift their diets accordingly. Curtis, an environmental historian, discussed the growing importance of local food production, in the context of many crises–not just the pandemic.

Snyder analogized the food system to a river, which had reduced water flow because of the pandemic. This drop in water level exposed hazards in the system that were always there, but hidden. For example, the public became aware of shortages and surpluses in the supply chain, as well as bottlenecks and dams in production, processing, and distribution. Worker issues became visible, especially in the area of meat processing, as production slowed because of rampant disease spread amongst closely packed individuals. Moreover, the fact that approximately 50% of farmworkers are undocumented disincentivized testing and treatment, which leads to more disease spread.

Vargo pointed out how much more food is in the media now, and this webinar highlighted how food and food systems became critically important during the Covid-19 pandemic, which is by no means over. There is no more important time to address the hazards in our food supply, to prepare us not just for future crises, but for the present.

Retail Water Rates and Community Gardens in Los Angeles

Welcome back to On Food Law! We are excited to be back from our summer break and can’t wait to see what the rest of 2020 will bring. (Kidding.)

We have some exciting news – Laura Yraceburu Dall’s (UCLA Law ’20) article on the effect of Proposition 218 on retail water rates for community gardens in Los Angeles, which won the 2020 California Water Law Writing Prize co-sponsored by the California Water Law Symposium Board of Directors and the University of the Pacific, McGeorge School of Law, has been published in the California Water Law Journal.

Laura, who was deeply involved with the Resnick Center during her time at UCLA Law, writes that she came to the topic in her Food Law & Policy Clinic:

“As a part of Professor Korn’s Food Law and Policy Clinic, a representative of the Los Angeles Food and Policy Council came to discuss her advocacy and mentioned that water rates for community gardens were increasing by nearly three hundred percent, threatening the existence of gardens to the detriment of low-income community members. I began researching outside of class and came to realize that there was no clear understanding of why the rates were increasing so dramatically. I knew that I had to write about it.”
She then wrote the paper for her water law course, and submitted it for the 2020 CA Water Law Writing Prize.
Here is a synopsis of the paper:

Community gardens in Los Angeles County have seen water rates increase from a flat rate of $1.41 per hundred cubic feet (HCF) in March 2016 to $2.095/HCF plus variable adjustments in July 2019 – a 289 percent increase.[1] As a result, some community gardens have been forced to quadruple their member gardeners’ monthly dues to cover the increasing cost of water.[2] In three years, this increase in the price of water has made gardening significantly more expensive and has priced out low-income, largely immigrant community members[3] who rely on these gardens to supplement their diets with fresh produce. Community gardens across Los Angeles now face the choice of either having their membership change from subsisters who rely on the gardens for dietary needs to hobby gardeners who can pay more to fund the gardens or, alternatively, closing their operations.  Either result increases food insecurity for the most vulnerable members of the gardens’ communities.

California has a long history of resisting tax increases through voter-approved propositions, known in short-hand as the California Tax Revolt. This effort has generally made it more challenging for cities and utilities to raise needed revenue for local services and programs, including water service,[4] but a deeper problem exists than a shortage of funds. Proposition 218, which amended the California Constitution, imposes substantive and procedural requirements on local agencies by limiting property-related fees, including retail water rates.[5]  Proposition 218’s shifting of rate setting authority to the electorate has paradoxically contributed to a significant water rate increase for Los Angeles’ community gardens.  While the goal of the Tax Revolt was to keep taxes and rates low, certain ratepayers have not received such benefits and in fact have experienced disproportionate rate increases.

This paper begins with an overview of community gardens and the history of the California Tax Revolt, primarily focusing on Propositions 13 and 218.[6]  Next, this paper will evaluate Proposition 218’s consequences for community gardens in the Los Angeles area. An analysis of how Proposition 218 was sold to voters will follow. A discussion of practical steps towards reform will precede the conclusion.[7]

 

This important work can be found here.

For Your Meatless Monday Reading Pleasure

by Diana R. H. Winters

Recently there has been a lot of interest in plant-based meat substitutes and their potential role in reducing global meat consumption and the environmental impact of meat production.

This week’s Economist discussed how plant-based meat can reshape the market, and its environmental potential.  The article, under the headline of “Fake Moos“, explains, however, that companies marketing plant-based meat substitutes must radically increase their reach to make much of a difference.

In today’s New York Times, David Yaffe-Bellany discusses how this may happen in “The New Makers of Plant-Based Meat?  Big Meat Companies.”  This article explains that Tyson, Smithfield, Purdue, and other meat producers are moving into the meat-substitute space.  The oddest product being introduced?  A “blended” product introduced by Purdue and Tyson, which combines meat and vegetable protein.  Weird.

And last week, Tad Friend at The New Yorker profiled Impossible Burger, and its founder’s ambition to “wipe out all animal agriculture and deep-sea fishing by 2035.”

Why the sudden fascination with bleeding vegetable protein?  Perhaps it rings a hopeful note after last month’s bleak climate news, providing a way forward for individual action.  But first, we have to stop flying these burgers across the Atlantic…..

An Ongoing Regulatory Failure – Antibiotics in Animal Feed

by Diana R. H. Winters

A few weeks back, the New York Times published an article about continuing publicity campaigns by drugmakers to sell antibiotics to farmers for use in healthy animals.  In “Warning of ‘Pig Zero’: One Drugmaker’s Push to Sell More Antibiotics,” Danny Hakim and Matt Richtel discuss the recent (and not-so-recent) regulatory attempts to curtail antibiotic use in animal feed and show how one drugmaker has worked to maneuver around these obstacles to continue selling massive amounts of antibiotics to farmers.

Particularly striking in this article is the explanation of how antibiotic overuse affects human health:

“The connection of overuse of antibiotics in livestock to human health takes two         paths: As bacteria develop defenses against drugs widely used in animals, those defense mechanisms can spread to other bacteria that infect humans; and, resistant germs are transmitted from livestock to humans — through undercooked meat, farm-animal feces seeping into waterways, waste lagoons that overflow after natural disasters like Hurricane Florence, or when farm workers and others come into contact with animals.”

And how this connection is misconstrued by pharmaceutical companies:

“Mr. Simmons of Elanco has long played down livestock’s role in spreading resistant microbes to humans.

‘The most serious pathogens are not related to antibiotics used in food animals,’ he said. ‘Of the 18 major antibiotic-resistant threats that the C.D.C. tracks, only two, campylobacter and nontyphoidal salmonella, are associated with animals.’

But such oft-repeated statements, made even in Elanco’s securities filings, refer only to food-borne strains like antibiotic-resistant salmonella that can be found in raw chicken, for example, while ignoring the myriad ways pathogens can be transferred.”

Also striking is the discussion of research linking the rise in C.Diff. infections, as well as in E. coli and MRSA infections, and the use of antibiotics in livestock:

“There is a growing body of research establishing links between Clostridium difficile, or C. diff, in livestock and humans, viewed by the C.D.C. as an urgent threat. Broad-spectrum antibiotics in livestock provide “a survival advantage to antibiotic-resistant C. difficile strains,” according to a 2018 study by Australian researchers. Similar studies exist for E. coli and methicillin-resistant Staphylococcus aureus, known as MRSA — the C.D.C. even lists different animals like cows, goats, sheep and deer that can pass E. coli to humans.”

Disturbing on many levels, the article highlights how federal attempts to regulate antibiotics, while laudable, have fallen short.

 

See our prior post on a previous N.Y. Times article on this issue here.

New Scholarship: Holding the Animal Agriculture Industry Accountable for Climate Change

by Diana R. H. Winters

UCLA Law 3L Amit Liran has published “Holding the Animal Agriculture Industry Accountable for Climate Change: Merits of a Public Nuisance Claim Under California and Federal Law,” in the Villanova Environmental Law Journal (Vol. 30, Issue 1 (2019)).  This paper develops arguments for a public nuisance claim under both California state and federal common law against companies within the animal agriculture industry for their role in climate change and assesses the validity of such arguments.

About coming to this topic, Liran writes:

“I was first inspired to write Holding the Animal Agriculture Industry Accountable for Climate Change: Merits of a Public Nuisance Claim Under California and Federal Law            while enrolled in the “Introduction to Food Law and Policy” course taught by Professor Michael T. Roberts, the founding Executive Director of the Resnick Center for Food Law and Policy at UCLA School of Law.  Class discussions regarding civil food law claims based on misrepresentations of nutritional facts made me consider potential claims against huge forces in the food industry that—motivated by profits—have continuously pushed long-standing misconceptions regarding the nutritional value of modern food staples.  This strategy boosted consumption of their products and thereby materially contributed to today’s most pressing exigency: climate change.  Based on parallel claims that have been brought against fossil fuel companies, I developed and wrote about potential litigation strategies against the most culpable of such forces.”

 

Enjoy!

 

“Public Values in Conflict with Animal Agribusiness Practices” Conference at UCLA Law

By Michael T. Roberts

 

On February 23, 2019, the Resnick Center for Food Law and the UCLA Animal Law and Policy Program hosted a one-day conference at UCLA Law titled, “Public Values in Conflict with Animal Agribusiness Practices.” The conference featured three panels about subjects relevant to closing the gap between public values and animal agribusiness practices. These three panels addressed  the role and utility of undercover investigations, production method issues and consumer perceptions of labels, and private agreements with corporations as a way to improve business practices that affect workers and animals and to reduce animal products.

This conference was part of a joint Initiative on Animals in Our Food System between the Resnick Center and the UCLA Animal Law and Policy Program and funded by a generous gift from the Animal Welfare Trust. We previously co-hosted with the Animal and Law and Policy Program a Roundtable discussion on the legal and business considerations in how investments are made in plant-based enterprises. We have also incorporated law and policy issues related to animals in the food system in our classes and events. The Center is grateful for its association with the UCLA Animal Law and Policy Program and looks forward to future joint activities.

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