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.

Guide to Careers in Public Interest Food Law and Policy Published

By Diana Winters

A food law and policy career, especially for attorneys interested in working in the public interest sector, can take many shapes. Food policy work often intersects with other legal subject matters, such as housing, health care, education, and family law. For this reason, the Resnick Center has put together a digital guide to Careers in Public Interest Food Law and Policy to help law students and graduates understand the varied directions a public interest food law career can go, and how to embark upon such a career path.

Although the guide contains some resources specific to UCLA Law students, it also contains many more general resources, and will be useful to all law students and law school graduates seeking to explore public interest food law and policy careers.

We’re excited about this guide, and hope it can help grow our vibrant field.

Meat Production and Covid-19 – Shortages Coming?

by Diana R. H. Winters

One of the country’s largest pork processing facilities announced that it is closing indefinitely.  The Smithfields Foods, Inc. plant in Sioux Falls, South Dakota will close after almost 300 of its workers tested positive for coronavirus.  The plant employs 3700 workers and produces about four percent of the pork production in the United States.

Other major meat producers, including JBS USA and Tyson, have closed facilities after workers tested positive, and in some instances, died.

These closures illuminate significant worker safety problems at meat production plants.  Manufacturers have been slow to provide protective equipment to low-wage workers standing close together to process meat and have pressured employees to remain working even if sick.

Moreover, these closures are one of many Covid-19 food supply chain issues resulting from the shutdown, which also include the inability of food producers to repackage food meant for institutional or restaurant use for retail use.  The New York Times reported on the resulting massive food waste this past weekend.

All of the articles linked in this post can be found in the Resnick Center’s and the UCLA Law Library’s resource guide to Covid-19 and food law.  Here in the blog we will occasionally highlight important trends and stories we see emerging.  Please explore our guide, and forward relevant material for inclusion in the guide.

 

Resnick Center Launches Covid-19 and Food Law Resource Guide

Today, the Resnick Center in conjunction with the UCLA School of Law Hugh and Hazel Darling Law Library launched a Covid-19 and Food Law Resource Guide.  The guide will provide resources on the intersection of Covid-19 and food law and policy for scholars, researchers, and officials, which comports with the Resnick Center’s mission to provide cutting-edge legal research and scholarship in food law and policy.

This library guide will consist mainly at its start of substantive popular press articles, links to various open-access repositories of media reports, and helpful government sites. Over time, this library guide will be populated by legal scholarship and reflective, analytical publications relevant to legal scholarship that will be organized by subject matter and in some cases annotated.

If you come across interesting material at the intersection of Covid-19 and food law and policy, please submit it to be considered for this guide to the Resnick Center.

Food Law Conference – March 2-3

by Diana R. H. Winters

I will be attending CLE International’s Annual Food Law Conference on March 2-3, 202, in San Francisco.  This is a terrific conference, which I highly recommend.

This is one of the few food law conferences where you can hear from both defense and plaintiff’s counsel, industry associations, and advocacy organizations.  I learned so much last year.   Michael T. Roberts, the Resnick Center‘s Executive Director, is a Co-Chair, and I am speaking on state law regulation on Tuesday, March 3.  The featured speaker is Laura Eichhorn Kurpad, Esq., Associate Chief Counsel US Food and Drug Administration, to give us views from the FDA.  You can find more info here: https://web.cvent.com/event/091ab345-25cd-4928-adf0-9212b7768bd5/summary?RefId=cle.com%20more%20info

Seriously, this conference is the cream of the crop!  Hope to see you there.

The FAO’s Food Fraud Conference

by Michael T. Roberts

I just returned from an exceptionally productive, four-day Food Fraud Workshop hosted by the UN’s Food and Agriculture Organization (FAO) in Rome. Our participation in the workshop was the first project for the Resnick Center following its MOU with the FAO earlier this year.

In connection with the workshop, I have had the privilege of working with the FAO Legal Department in the drafting of a background paper on the regulation of food fraud. Given the Center’s publication of two white papers on food fraud, this experience is particularly rewarding.

The workshop had a number of interesting law and science presentations. I delivered a keynote presentation on the regulatory framework that governs food fraud both internationally and domestically. I was also happy to be joined by colleagues from various countries, including Dr. Sun Juanjuan from Renmin University School of Law in China, with whom the center collaborates with closely. Overall, the proceedings reinforced for me the important role of law and governance strategies in addressing food fraud. There is a lot of work to be done, but I look forward to being involved in this global effort.

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Resnick Center Partners with UN on Global Food Initiatives

UPDATE (June 26, 2019): Please see here for the FAO’s press release regarding this partnership: http://www.fao.org/partnerships/academia/news/news-article/en/c/1198206/ 

 

 

Reprinted from UCLA Law News and Events (https://law.ucla.edu/news-and-events/in-the-news/2019/06/resnick-center-partners-with-un-on-global-food-initiatives/)

The Resnick Center for Food Law and Policy at UCLA School of Law has entered into a partnership with the United Nations Food and Agriculture Organization (FAO) on a series of research and advisory initiatives to confront global food security, nutrition, safety and quality.

The parties signed a memorandum of understanding at an FAO event in Rome on June 10, where leaders in global food policy gathered for a series of talks on the future of food. Michael Roberts, executive director of the Resnick Center, attended and served as a featured participant in a roundtable discussion on academic perspectives of global nutrition policy.

The agreement establishes a working relationship between the Resnick Center and the UN, including an initial project involving food fraud that builds on recent research by UCLA Law scholars. Hilal Elver S.J.D. ’09, who serves as the Resnick Center’s global distinguished fellow and the UN’s Special Rapporteur on the Right to Food, was instrumental in building the partnership between the center and the FAO.

“FAO is glad to partner with UCLA, one of the most prestigious academic institutions around the world,” FAO director-general José Graziano da Silva said in a statement. “Promoting healthy food systems has become a top priority [in] sustainable development, and this cannot be done with [inadequate] regulation. … UCLA law school expertise, in particular on food law, will surely contribute to address this key challenge.”

The collaboration continues the close relationship between the Resnick Center and the FAO. Graziano da Silva visited UCLA Law in February 2019, where he emphasized that simply providing food to hungry people around the world is not enough. Rather, he said, serving healthy food should be a paramount concern.

“We need to reposition our food systems from feeding people to nourishing people,” Graziano da Silva told an audience of UCLA Law students and professionals in the field. “Obesity and overweight are growing faster than hunger. It is an epidemic. The right to healthy food should be a key dimension for zero hunger and for the right to food itself.”

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Food Law CLE at UCLA – June 6-7

The Resnick Center is collaborating with CLE International to present the fourth annual Food Law Conference at the UCLA Faculty Center on June 6 and 7, 2019.  This conference brings together an amazing group of practitioners, regulators, academics, and stakeholders to present on numerous important food law topics, including standards and food fraud, preemption, and class actions.  You can find the full brochure with a schedule of events here, and you can register here.

Please join us!

Food Law CLE at UCLA – June 6-7

The Resnick Center is collaborating with CLE International to present the fourth annual Food Law Conference at the UCLA Faculty Center on June 6 and 7, 2019.  This conference brings together an amazing group of practitioners, regulators, academics, and stakeholders to present on numerous important food law topics, including standards and food fraud, preemption, and class actions.  You can find the full brochure with a schedule of events here, and you can register here.

Please join us!

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