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.

 

 

Resnick Center 2018 Law Student Writing Competition Winners!

The Resnick Center is delighted to announce the winners of its 2018 Law Student Writing Competition on legal and policy issues that may hinder or delay social innovation in the food industry.  The judges were incredibly impressed with the quality of all of the papers submitted, and want to thank everyone who submitted.

The winning papers were precise and well-written, and grappled with the topic in exciting and even surprising ways.  Click on the titles to access the full papers.

The winners:

 

Jonathan Gold

The stupendous, and entirely unique restaurant critic/food writer Jonathan Gold died last weekend.  Like for so many others, Gold’s reviews helped me to explore and engage with the vast and incredibly complex city of Los Angeles when I moved here two years ago.  Gold’s writing illustrates how food connects people to each other and to place, much as does Bourdain’s, and his death too is an enormous loss.

Here’s a piece of his from 1998 about the year he tried to eat at every restaurant on Pico Blvd.

 

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