flagyl pink eye

Uncategorized Archive

Food Law and Policy Weekly Review, February 2 – 6, 2015

February 9, 2015

images

  • Cornell announced a $712,000 in USDA grant for its Northeast Beginning Farmer Program. Part of the the funding will be dedicated to creating training programs and farmer-to-farmer networks for military veterans transitioning into agriculture. Services to be provided by the Farmer Veteran Coalition.
  • For our New York clients and friends, in the farming community, Farm Bureau of New York is pressing the state legislature for an investment tax credit that would reimburse farmers for their expenses on items that are considered an investment in their business, such as construction supplies, machinery and new technology. The credits are intended to support the efforts of young farmers in particular.
  • If you are a food business subject to regulation by the FDA, you might notice an increase in FDA inspections in 2016. That is because the FDA issued a press release outlining its $4.9 billion budget request for FY 2016. The rationale for the request is to implement the Food Safety Modernization Act. According to the press release, a portion of this budget will be earmarked for the hiring and training of new inspectors.
  • In 2015, certain restaurants will have to comply with FDA guidelines on nutrition labeling. A recent study has indicated that affluent customers are more likely to utilize the kind of information required by the regulations.
  • Natural Products Insider advises supplement manufacturers to have a robust game plan to defend against class-action lawsuits. They recommend manufacturers perform label review by an experienced attorney as part of the risk mitigation strategy. Good advice for food manufacturers as well, and label review is one of our core services.
  • Breyer Ice Cream announced it will no longer be using milk from cows given rBST, recombinant Bovine Growth hormone.
  • D.C. Circuit Court of Appeals agreed with a previous finding of the Federal Trade Commission that POM Wonderful made deceptive claims in its advertising.

Circle Up: Top 4 Legal Issues for Food Businesses

February 5, 2015

Lauren and Michele put on a great show with the help of our new friends at CircleUp.com. Our team covered the following topics relevant to those seeking to invest in the food industry:

  1. Unlawful or risky marketing claims
  2. Marketing opportunities, such as key product certifications
  3. Managing product liability risks
  4. Unique regulatory compliance and liability concerns for innovative foods

View the full webinar here.

Food Law Bits and Pieces, January 20 – 23

January 22, 2015

imgres-4

  • The Hill has its list of five food policy topics that should be addressed in the State of the Union speech.
  • The National Law Review reports on a recent ruling by a federal judge in Washington holding that manure, when not used as a soil amendment,  may be considered “solid waste” under the federal Resource Conservation and Recovery Act.
  • The New York Times exposes horrific treatment of animals at a USDA-funded research facility in Nebraska, where scientists are studying techniques to improve livestock yields. If you eat meat you are probably morally obligated to read this, but it’s a bummer.
  • According to a survey conducted by Oklahoma State University, consumers want labeling of foods containing “DNA” in roughly the same percentage as those who want labeling of GMOs. Just as with the old “dihydrogen monoxide” gag, the study reveals more about the scientific ignorance of the sample set than it does about the need or rationale for mandatory GMO labeling.
  • Geek-out on a favorite food law topics of ours: geographic indicators. A Georgia grower of vidalia onions took the state to court to prevent the commissioner of agriculture from enforcing a “no earlier than” packing date meant to keep immature vidalias off of store shelves.
  • After California’s new size regulations on poultry battery cages came into effect in January 2015, it looks like the cost of eggs is going up within the state.
  • More people want to ban raw milk than marijuana according to TIME.
  • Via NPR, the more broken down your chicken is, the more likely it will be contaminated with salmonella. Whole birds are relatively the “cleanest”. Parts and quarters are less so. We are not likely to buy ground chicken anytime soon.

Food Law Bits and Pieces, January 12 – 16

January 15, 2015

images

 

 

 

 

 

 

  • Eater.com has a long-form piece on a pastured foie gras farmer in Georgia. Friends call him “Chicken Jesus.” Money quote: “If I start doing this thing and it’s bad, like it seems like the geese are getting hurt or I’m not comfortable with it then, man — it’s over. I shut it down and I just have Christmas geese to sell. On the other hand, if I feel good about the process and it works, then I have Christmas geese and foie gras to sell.”
  • Paula Marshall, CEO of Bama Companies, during the keynote speech at the Northwest Food Processors Expo, says that workers who are treated fairly and encouraged to have a sense of ownership in the business are more scrupulous about food safety.
  • The USDA announced a new round of Beginning Farmer and Rancher Development grants with a total amount of $18 M, 5% of which is earmarked for military veterans transitioning into aiculture.
  • Business Insider has some very cool info graphics from the USDA’s livestock census, which shows you where all the meats live.
  • Earlier in the week, Jason participated in a panel discussion at the annual Farm Bureau Federation convention on behalf of The Farmer Veteran Coalition. Farm Bureau covered the event in its publication. You can listen to a podcast of the event here.
  • Capital Press writes on a lawsuit presenting a constitutional challenge to the Idaho “ag gag” law.
  • While we are on the subject, four people were arrested in Utah for photographing a hog farm from a public road, but then charges were dropped according to Food Safety News.  The hog farm produced under contract for Smithfield.
  • Think Progress reports on Senator Chuck Schumer as he calls for more pressure to be put on food warehouses.
  • Medical News Today discusses a study that attempted to quantify the minimum amounts of common allergens that can trigger reactions:  “In the 10% of participants who were most sensitive to food allergens, the team found that between 1.6-10.1 mg of hazelnut, peanut and celery protein needed to be consumed to trigger an allergic reaction, while 27.3 mg of fish and 2.5 g of shrimp protein were required to produce a response.
  • Government officials in the US and EU can now agree on two things: one, Putin is a creepy menace, and two, raw milk is potentially dangerous.
  • The Wall Street Journal reports on the passing of “Toystory”, a champion Holstein bull and sire to an estimated 500,000. Ave atque vale, you prodigious inseminator.

Nicole Civita, of Counsel to Foscolo & Handel PLLC

December 1, 2014

NCivita-Headshot-5x7

-by Nicole Civita

Upon their arrival in the United States, my great-grandparents began farming a piece of land in what is now New York City’s borough of Queens. Over the course of my grandfather’s life, American agriculture – and the way we relate to food – changed dramatically. As a child, he snuck eggs from the chicken coop and ate them immediately, unwashed and raw. He chased his escaped hogs down Metropolitan Avenue. He woke before the sun to tend a bevy of vegetable crops and fruit trees. As an adult, he continued to cultivate a small patch of land in our backyard, growing the most succulent tomatoes and plentiful pole beans I’ve ever encountered. In his final years, when his bones were too creaky for gardening, he grumbled loudly and often about the endless acres of soybeans surrounding his retirement village: “What’s all this for? And how are we supposed to feed ourselves?”

As a food lawyer, I ask those same questions – loudly and often. I consider it my calling to work on behalf of the intrepid individuals who are trying to change the face of modern farming, fix food, and nourish the next generations.

I am fortunate to be on the faculty of the LL.M. Program in Agricultural and Food Law at the University of Arkansas School of Law, where I get to track the latest developments in food law and policy, analyze how the law shapes our food system, and push for a more equitable, just, and sustainable food future.  As the Director of the University of Arkansas’s newly formed Food Resiliency Initiative, I facilitate interdisciplinary analysis of food system challenges to assure that healthy, adequate food is available and accessible to all – and that farmers and food producers can do well by doing good. I also work with experts in diverse fields to propose full-scope, actionable policy solutions that support responsible, resilient, and just agrifood systems – those that are able to withstand both short term disruptions like market fluctuations and acute natural disasters, as well as long term challenges like climate change, population growth, biodiversity loss, and chronic disease. My work puts me right at the intersections between food and public health, conservation, disaster-preparedness, business and economics, land tenure, fair labor standards, community development and planning, sovereignty, and social justice.  It’s a gratifying place to work.

Today, I am excited to announce that I will be putting my food systems expertise into practice. By working of counsel with Foscolo & Handel PLLC, I look forward to providing concrete and strategic support to stakeholders throughout the food chain. I am eager to help my clients understand the network of legal authorities that frame their farming operations and food businesses. I offer a deep understanding of the individual and systemic challenges that farmers and food businesses face and aim to help my clients explore innovative, efficient solutions.

I couldn’t ask for better colleagues in this effort. Jason, Lauren, and Michele bring a dynamic balance of creativity and exactitude to the practice of law. I am grateful for the opportunity to collaborate with them and contribute to their work, which is both grounded and ground-breaking. Together, we can help you navigate the legal requirements and minimize the risks inherent in the important and delicious work of putting food on the table.

For legal services, reach me at: nicole@foodlawfirm.com / 917-572-8073

For information about the Food Recovery Project, Food Resiliency Initiative, or my academic work: nmcivita@uark.edu / 479-575-2456.

Is a new organization to define “natural” a good idea?

October 7, 2014

by Michele Simon

A new organization that’s yet to even formally announce itself made news for declaring its intention to define natural. The new group, called the Organic and Natural Health Association (ONHA), plans to hold a series of meetings as part of a transparent process that engages consumers as well as industry.

At a time when more shoppers than ever are seeking healthier products, the natural products industry is coming under increasing pressure to define the squishy term. No wonder, with so many food companies jumping on the “all natural” bandwagon, sometimes for products that bear little resemblance to anything found in nature, leaving many consumers confused and often duped.

Meanwhile the Food and Drug Administration has made it painfully clear it has no intention of defining natural, and given the undue political influence in Washington, that’s probably a good thing.

As I wrote about for New Hope Natural Media last year, in the wake of FDA inaction, class action lawyers have been filing lawsuits against food companies that use the natural label in a deceptive manner. Whatever you might think of this approach, in some cases it has forced manufacturers to do the right thing. For example, as a result of being sued over GMO ingredients in its “all natural” cereals and snacks, Barbara’s Bakery is now obtaining third party verification from the Non-GMO Project.

But litigation is not a long-term solution to an industrywide problem. So maybe the time has come for someone to step up?

I recently spoke to Karen Howard, the new group’s director, who explained that ONHA’s structure is unique in that it includes representation from both industry and consumers, and that the mission is much larger than just defining natural. The group will set standards for natural certification in four sectors: food, pet food, supplements and cosmetics, in just 90 days from its first open meeting at the Supply Side West trade show in October. When I asked Howard about undercutting organic standards, she told me the group is “100 percent committed to organic” and that the natural certification will complement organic, not replace it.

Still, many questions remain, such as how will this intersect with existing guidelines, such as those from Whole Foods Market or New Hope’s standards department? And will this new certification process truly educate consumers or will yet another seal on a box just add to the confusion? Also, will companies even participate? If they don’t, lawsuits are likely to continue to fill the void.

MARKET|SHARE EXCLUSIVE INTERVIEW: JASON FOSCOLO, THE FOOD LAW FIRM

September 18, 2014

The Food Law Firm was recently interviewed by The Local Food Association (LFA), a national trade association for those engaged in the business of local food. LFA works to increase market access and market share for both sellers and buyers of local food across the United States. We are honored to have been included and look forward to working together. 

Insurance Options for Organic Farmers

July 10, 2014

by Jack Hornickel

The USDA’s Risk Management Agency (RMA) is on its way to providing insurance coverage for all organic crops, but farmers may have to wait another growing season before their investment is accurately protected by federal insurance programs. The trouble is that certified organic crops fetch higher sales prices than conventionally-grown crops; yet most organic crops only can be insured at conventional rates because the data for organic pricing remains limited. Previously, only three organic crops were priced: corn, soy, and cotton. The 2014 Farm Bill instructed RMA to determine pricing for all organic crops “as soon as possible, but not later than the 2015 reinsurance year.” While the beginning of the insurance year varies per crop, the RMA is nowhere near establishing price rates for all organic crops.

A recent RMA update tracks its progress and strategic plan moving forward. In addition to corn, soy, and cotton, the RMA has now established price rates for organic:

  • almonds (only in California),
  • apples, fresh (Idaho, Oregon, and Washington),
  • avocados (California),
  • blueberries (all types in California; Early to Late Highbush type in Oregon and Washington),
  • grapes, Concord (Oregon and Washington),
  • oats,
  • pears (Oregon and Washington),
  • peppermint,
  • peaches, nectarines, plums, and apricots (California),
  • stonefruits, fresh (Idaho, Oregon, and Washington), and
  • tomatoes, processing (California).

Clearly, the RMA has a long way to go before all organic farmers are fairly protected. Those on the eastern seaboard are particularly out of luck. Until the RMA is able to collect more robust and regional data that establishes the true value of organic production, federal insurance programs will continue to cut short on organic farmers.

In the meantime, the RMA recommends the following insurance programs that organic farmers can use to protect themselves at full organic value:

  • Contract Price Addendum – If organic farmers are growing crops under contract, they can use the contracted sale price as a price rate for federal insurance programs. This method can even be used for organic crops that have established price rates, providing insurance that is more reflective of the actual crop value. Currently, this coverage is available for 62 organic crops.
  • Actual Revenue History – This pilot program offers insurance based on the farmer’s actual documented revenue, protecting against losses based on yield, price, and/or quality. Unfortunately, the program is only available for cherries, navel oranges, and strawberries and limited to the states of California, Idaho, Oregon, and Washington.
  • Adjusted Gross Revenue and AGR-Lite – Based on income reported on federal tax returns, organic farmers can insure any agricultural production. AGR is available selectively by state, and AGR-Lite is available almost everywhere.
  • Whole Farm Revenue Protection – Designed for diversified farms, this new pilot program allows farmers to insure an entire farm rather than a specific commodity. Whole Farm Revenue Protection uses the same calculation as AGR and AGR-Lite but increases coverage. More information will be available later this summer.

FDA Prohibits Certain Omega-3 Claims

June 23, 2014

by Jack Hornickel

The FDA recently issued a final rule prohibiting the use of certain nutrient content claims regarding omega-3 fatty acids. After a lengthy review of proposed claims submitted by three companies, FDA refused to permit claims such as “good source of,” “high in,” and “fortified with” docosahexaenoic acid (DHA) and eicosapentaenoic acid (EPA), while allowing certain claims regarding alpha-linolenic acid (ALA) content. The rule becomes effective January 1, 2016.

Fortified with . . . stench

Fortified with . . . stench

The reason for FDA’s decision is quite logical. Under the Food, Drug, and Cosmetic Act, food producers can request official permission to use nutrient content claims, accompanied by supporting research from the National Academy of Sciences or some other federal health authority. Among other requirements, the request must prove that the nutrient content claim accurately represents the scientific research. Because phrases such as “good source of,” “high in,” and “fortified with” clearly imply a better-than-average nutrient content, the scientific research must identify a daily reference value of the nutrient — in other words, how much of the nutrient we should have in our diets.

After reviewing the provided scientific research from the Food and Nutrition Board of the Institute of Medicine at the National Academy of Sciences, FDA was not convinced. The scientific authority, FDA decided, did not accurately identify a baseline nutrient level to which the claims referred. Thus, without an adequate scientific basis, the nutrient content claims do not convey meaningful information; rather, they mislead consumers.

Omega-3 fatty acids are found in a number of food products and ingredients: soy, walnuts, canola oil, flaxseed, hempseed, chia seed, liver, fish, eggs, algae, and seaweed. Omega-3s are widely believed to reduce inflammation, and risk of heart disease and cancer. Thus, while the new FDA rule seeks to protect consumers from the proverbial snake oil salesman, it leaves consumers to refer to sites such as veganhealth.org and DHAbaby.com for tips on what foods are a “good source of” omega-3s. Food manufacturers may continue to make accurate labeling claims identifying the omega-3 content of their products, such as “contains ___ mg of DHA omega-3 fatty acids per serving.”

Meet Jack Hornickel, Food Law Intern

June 19, 2014

I always fashioned myself an environmentalist. Growing up in Minnesota, I more or less lived in the woods. During my teenage years in Ohio, I kept my punk friends from drive-by littering while we carpooled. In New York City, I rode my bike everywhere, painted rooftops white to keep buildings cooler in the summer, and petitioned for the electric Taxi of Tomorrow. Our day-to-day lives, as I saw it, were trashing this planet, and it only made sense that I should do my best to preserve it.

jack_desertOf the many interactions humans have with their environment, I came to realize, farming and eating are by far the most intimate. Our dear Earth provides us with the optimal circumstances to selectively grow the organisms that both fuel our bodies and taste incredible. What an awesome gift! Yet, as with many other human enterprises, farming and food production have become more industrial, more obscure, and more damaging to environmental and human health.

And so my environmental mission has been narrowed: Keep farms and food real. The more genuine our experience with growing and eating food, the healthier our bodies and planet will be. The best tool to accomplish this goal, by my logic, is the law. Law is the body of ideas by which our society operates, so the law should support real farming and real food. This can be accomplished either by discouraging destructive farm/food practices or by supporting healthy farm/food businesses. Though I plan to do both, I prefer the latter. The people are more interesting, their stories are more inspiring, and it leaves a better taste in the mouth.

I recently completed my second year at Vermont Law School, a student of the Center for Agriculture and Food Systems, and I am very excited to be interning with Foscolo & Handel PLLC this summer! Their knowledge of and passion for agricultural and food law is truly motivating. Keep an eye out for my blog posts on a wide range of topics; I can be reached at jackhornickel@vermontlaw.edu.