Seeding the Future Foundation Supports Resnick Center

The Resnick Center is excited to share our good news!  

We have received a generous gift of $300,000 to our endowment fund from the non-profit, Seeding the Future Foundation, founded by Dr. Bernhard van Lengerich. Dr. van Lengerich, a leader in food science and technology, also serves as an outside advisory board member for the Resnick Center.  

Since its inception, the Seeding the Future Foundation has significantly contributed to transforming the food system.  Its unique Challenge Awards Program, hosted by the Institute of Food Technologists, awards up to $1 million in grants and prizes annually for highly impactful innovations to generate healthier people and a planet.  Since 2021, Seeding the Future has received over 1,500 submissions from academic and research institutions, non-profits, and for-profits, representing over 75 countries, for innovation across the food system.  

The endowment gift to the Resnick Center will forward the missions of the Center and of Seeding the Future by supporting legal education and the development of scholarship and tools to bolster innovation that provides equitable access to safe, nutritious, sustainable, affordable, and trusted food.  

Thanks to a previous operational gift from Seeding the Future, the Resnick Center has developed a Model Food Regulatory Strategies Initiative to be launched in the second half of 2023. The Initiative identifies and amplifies positive systems-thinking approaches to food law and policy by showcasing select model regulatory strategies derived and synthesized from best regulatory practices worldwide.  This new endowment funding from Seeding the Future will enable the Resnick Center to continue to develop these types of initiatives, strategies, and tools to encourage and facilitate innovation for healthier people and the planet.   

Renewed FAO/Resnick Center Partnership

by Michael T. Roberts

I am pleased to announce that the Food and Agriculture Organization (FAO) of the United Nations has renewed its partnership with the UCLA Law Resnick Center for Food Law & Policy. An announcement can be found here.

The FAO is the largest and oldest sub-agency of the UN and is headquartered in Rome, Italy. The partnership was initially formed in 2019 when FAO Director-General José Graziano da Silva visited the Center in Los Angeles and spoke at the law school along with Hilal Elver, former UN Special Rapporteur on the Right to Food and a Global Distinguished Fellow at the Center. I am also appreciative of Hilal’s tireless efforts in pulling together this first meeting.

This renewed partnership will elevate the Resnick Center’s role in developmental work conducted by the FAO Development Law Service and complement the Resnick Center’s growing international and comparative food law focus. This focus consists of an upcoming book on international food law and other publications, the development of an online platform to publish best practices in mission-driven food law approaches based on comparative analysis, and a major white paper exploring optimal international public-private strategies in food regulation.

We also look forward to leveraging these projects into strategic collaboration with leading global universities, law firms, and organizations. Finally, as always, we hope to translate these projects and collaboration into opportunities for law students.

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”

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”

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.

Addressing Honey Fraud and the Pollination Crisis

by Diana Winters

The scope of honey fraud is enormous.  Demand for honey has doubled in the U.S. in the past 25 years, but production has not kept up. The increase in demand for honey has coincided with a critical decline in honey bee populations globally.    So to keep consumers’ honey pots full with cheap honey, producers have increasingly cut honey with cheaper substances like corn syrup.

As adulterated honey takes over the mass market, beekeepers and legitimate honey producers cannot recoup their expenses by selling pure honey and are going out of business.  The loss of these businesses has dire consequences for our declining honeybee population, which in turn has repercussions far beyond honey production. 

Those trying to solve these two problems—honey market fraud and the loss of bee populations—must recognize that they are inextricably linked.  The failure to do so may be catastrophic. This is because the decline in honey production is the least of our worries when it comes to declining honeybee populations; the consequences of reduced pollination are far worse.  Three out of four fruit or seed crops need pollinators to continue producing, and the loss of bees has led to what some see as a pollination crisis.

Commercial beekeepers’ revenue comes from the sale of both honey and pollination services.  When beekeepers go out of business because they cannot compete on price with honey producers mixing cheaper products into honey, they also cease providing pollination services. 

But this linkage has not been effectively addressed by policymakers. One reason is that the declining honeybee population is seen as an environmental problem, while fraud is an economic one, and these problems are addressed by different federal agencies.  Notably, a 2014 effort by the White House to address the pollination crisis did not include the FDA, the only agency with the authority to address honey adulteration.  Moreover, the FDA’s approach to honey fraud has been anemic.  It focuses on labeling rather than stronger action like setting out a specific formula or method of production for honey.  

Michael T. Roberts, Executive Director of the Resnick Center for Food Law and Policy at UCLA Law School, has published a white paper with the support of the American Honeybee Producers Association that identified an approach to stopping honey fraud while also saving the honeybee.

First, federal agencies—including the FDA, the USDA, and the EPA— must work together to adopt food-systems thinking with the twin goals of addressing pollination and honey production.  If the White House fails to order coordination among these entities, Congress should legislate this coordination.  And regardless of whether the White House or Congress act, the FDA should take immediate action against honey fraud.  Next, retailers should work with the American Honey Producers Association to develop strategies to address honey fraud and to save pollinators.  For example, in the absence of governmental standards, retailers should consider creating private standards in the supply chain to counter fraud. 

Moreover, all the stakeholders in this pollinator economy—including regulators, retailers, and beekeepers—must educate the consumer on the value of unadulterated honey. 

Currently, there are overwhelming incentives and an absence of consequences for food manufacturers to engage in honey fraud, and this takes a vast toll on consumers, the legitimate honey producer, and pollinators.  To fix this, we must make the connection between healthy pollinator populations and pure, authentic honey as clear to everyone as it is to beekeepers and legitimate honey producers.

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.

Forthcoming Scholarship: “A Palatable Option for Sugar-Coated Palates”

by Diana Winters

UPDATE: The article was published Summer 2021, and can be found here.

Some good news!  UCLA Law 2L Nicholas Miller’s article, “A Palatable Option for Sugar-Coated Palates: Labeling as the Libertarian Paternalism Intervention that American Consumers Need”, will be published in the University of Florida Journal of Law & Public Policy early in 2021.

Nicholas is a second year law student at UCLA, where he is involved in a range of activities including OUTLaw and the Dukeminier Awards Journal of Sexual Orientation and Gender Identity Law. As the son of a caterer and a lawyer, he was naturally drawn to food law, which combines his love of food and his desire to understand the legal frameworks that protect society and guide behavior. He chose to write about labeling – specifically of sugar content – because it raises the issue of how to balance progressive public health policy and the historically American fear of paternalistic overreach by the government. He sees this dynamic of public health initiatives that impede on individual liberty at play now, amid the coronavirus pandemic, and hopes his analysis will help advance the dialogue on how best to guide people to make good decisions about their health.

Here is the abstract for the article:

Addressing nutritional health for Americans has proven uniquely challenging in a marketplace flooded with non-nutritious food products.  Compounding the issue, consumers consistently misjudge the contents of these processed foods and undervalue their pernicious effect.  At the same time, consumers are wary of overly intrusive or paternalistic government interventions, such as bans and portion limits.  This paper reflects on the effectiveness (or lack thereof) of previous attempts by the FDA to combat public health threats.  Finally, the paper proposes a path forward, with growing political momentum, that builds on the innovative food labeling models being tested in markets around the world.

We can’t wait to see this in print.

*If you would like to have forthcoming food law scholarship featured in the blog, please contact Diana Winters.*

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.

New Scholarship: The New Food Safety

by Diana Winters

Emily M. Broad Leib and Margot Pollans recently posted The New Food Safety, forthcoming in the California Law Review, on SSRN.  The article argues for a comprehensive definition of “food safety” that encompasses “acute ingestion-related illness” (narrow food safety), “whole-diet, cumulative ingestion-related risks that accrue over time” (intermediate food safety), and “risks that arise from food production or disposal” (broad food safety).  The articles discusses why our current divided regulatory approach is problematic, and may actually exacerbate food-related harms.  In addition to calling for an expanded definition of “food safety,” the article proposes better interagency coordination and the creation of a single Food System Safety agency.

This compelling work  is applicable outside of the context of food, and will appeal broadly to scholars of the regulatory space.

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