Reflections on the 6th Annual Food Law Conference: Current Trends & Perspectives Beyond the Beltway

by Alexa Libro*

Earlier this year, I had the pleasure of attending CLE International’s 6th Annual Food Law Conference. I vividly remember attending the previous food law conference in San Francisco in February of 2020, deliberating on whether it was appropriate to shake hands and how often to use hand sanitizer. A lot has changed since then, including food law. This evolution of food law was demonstrated in every session of this year’s food law conference. Ann Oxenham, the Acting Director of the Office of Compliance in the Center for Food Safety and Applied Nutrition (CFSAN) at the US Food and Drug Administration spoke of tech-enabled traceability as a part of the FDA’s new era of smarter food safety. The General Counsel Roundtable session exemplified how food businesses had to adapt to navigate supply chain issues, labor issues, and remote work. Thus, ending the conference with a session on the future of food law was the perfect way to reflect on how food law has evolved and surmise its next evolution.

In the Future of Food Law session, Michael Roberts, the Executive Director of the Resnick Center, moderated a conversation with two of his former students, Evan Graham Arango and Jason Lawler. The conversation illustrated why food is currently top of mind for everyone, not just food lawyers. The pandemic forced us to think about where our food comes from. For many, it was the first experience with gardening or baking bread. For many, it was the first experience not finding numerous items on a grocery list. For many, it was the first or worst experience with food insecurity.

Evan Graham Arango, the owner, founder and farmer at Ojai Roots Farm in Ojai, California noted people’s interest in regenerative agriculture and eating locally. I’m speculating that many people, like me, watched documentaries about regenerative agriculture, such as Kiss the Ground and Biggest Little Farm, when they were stuck inside, and were inspired. Regenerative agriculture and its potential to sequester carbon from the atmosphere brings to the forefront the connection between our food system and climate change

Jason Lawler, an associate at Sidley Austin LLP, elaborated on how his work around the business of food interfaces with climate change realities. Businesses are aware that consumers vote with their wallets, which encourages existing businesses to voluntarily offset carbon and new businesses to form with the goal of sequestering greenhouse gases.

Michael Roberts posits that the future of food will revolve around information. As artificial intelligence gives us more insights into what to grow, how to grow it, where to grow it, and when to market it, he wonders how to democratize that information and ensure fairness in data collection and ownership. As a consumer, I wonder how all that information will be relayed to me so I can make good food choices. To all the current and aspiring food lawyers, I look forward to seeing how we navigate the future of food law and reflecting on our progress at the next food law conference.    

*Alexa is graduating this year from UCLA Law. She graduated from UCLA with a BS in neuroscience with highest honors and a minor in biomedical research in 2017. At UCLA School of Law, she has been coexecutive chair of the Food Law Society and is currently chief managing editor of the Journal of Environmental Law & Policy. She is also a research assistant with the Resnick Center.

Food waste management in the US, UK and Japan

by Minako Kageyama Tanaka

This is the second of three blog posts by Minako Kageyama Tanaka* on food waste in the US, the UK, and Japan.

Food recovery hierarchy commonality and difference

How do the three countries tackle the food waste issue? The US, the UK and Japan articulate their food waste reduction strategies in their food recovery hierarchies. These hierarchies showcase available food waste reduction and recycling approaches and nudge people to take action in the order of least environmental impacts. Although the recovery steps in the three countries are not the same, the countries share many approaches. For example, all three countries start their hierarchy with the reduction of food waste sources. Redistribution of surplus to people and animals comes next, and recycling is the countries’ third preferable action.

However, each government’s recovery hierarchy differs slightly in its types of methods and actions. For instance, Japan is the only country among the three that specifically mentions using digestates for mushroom beds in its hierarchy. And the UK is the only country that sets landspreading in its hierarchy. These examples highlight these countries’ intentions to promote such recycling methods. 

Continue reading “Food waste management in the US, UK and Japan”

Call for experts – High Level Panel of Experts on Food Security and Nutrition

The High Level Panel of Experts on Food Security and Nutrition (HLPE) is the United Nations body for assessing the science related to world food security and nutrition. 

During its 46th plenary session, the Committee on World Food Security requested the HLPE to produce a report on “Reducing inequalities for food security and nutrition”. As part of the report elaboration process, the HLPE is now calling for interested experts to apply to the ad-hoc Project Team for this report.   

Experts wishing to apply to this call shall find all the information here.

The problem of food waste in the US, the UK, and Japan

by Minako Kageyama Tanaka

This is the first of three blog posts by Minako Kageyama Tanaka* on food waste in the US, the UK, and Japan.

Food waste in the world

Many people pay attention to what they eat, but not to what they did not eat. According to an estimate released by the Food and Agriculture Organization (FAO), one-third of the edible part of food is wasted every year, which amounts to 1.3 billion tons per year. Given that between 720 and 811 million people are facing hunger and 2.37 billion people lack access to sufficient food, the amount of food waste is enormous. Besides, wasting food means wasting resources spent on food production and the supply chain.

To change the global consumption and production patterns in the food industry and its supply chain, the United Nations (UN) has set responsible consumption and production as one of the sustainable development goals (SDGs) and calls for actions to “halve per capita global food waste at the retail and consumer levels and reduce food losses along production and supply chains, including post-harvest losses” by 2030. The global society has only eight years left to achieve that goal.

Continue reading “The problem of food waste in the US, the UK, and Japan”

Further Solutions to the Honey Fraud Problem

This is the fourth 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*

This post outlines the actors who can make a significant impact to the honey fraud problem and suggests potential starting points for solutions.

Beekeepers like Chris Hiatt are desperate for a solution. Honey adulteration is a threat to the survival of U.S. bees and beekeepers, which in turn, is a threat to food growing in the U.S., since 1/3 of the food grown in the U.S. depends directly or indirectly on bees. Just as the bee is endangered, so too is the U.S. beekeeper. The livelihood of essential beekeepers, the well-being and survival of honeybees, and, ultimately, the success of crops that are essential to our agricultural system, are being severely endangered by the relatively unknown but extremely large-scale adulteration of honey. Ultimately, putting a stop to honey fraud is vital to our environment and those who dedicate their lives to cultivating it. We must end honey adulteration in all its forms. 

Continue reading “Further Solutions to the Honey Fraud Problem”

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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