flagyl pink eye

farm Archive

Food Law and Policy Weekly Review, February 23 -27

February 27, 2015

 

  • news-boy1There is a fantastic article in Inc.com on the rise of GT’s Kombucha, the company credited with creating the kombucha product category we know today. They hit a few legal snags along the way, which we will discuss in a blog post next week, but otherwise it’s an inspiring story of a bootstrapped, profitable,  privately and closely held company with a dominant market share.
  • Farmanddairy.com describes the regulatory challenges faced by  nonprofit seed libraries, where farmers, gardeners, and growers can exchange self-pollinating seeds rather than buy them from the catalogue or the hardware store. Laws in several states make no distinction between these small, informal groups and larger commercial seed companies – both are regulated as seed distributors and must comply with inspection and labeling requirements.
  • A California lawmaker is considering a law to include warning labels on soft drinks. The label will state: “contributes to obesity, diabetes, and tooth decay.”
  • KVNO News does a really good job of explaining why Country of Origin Labeling (COOL) is so important for farmers and ranchers. As you might know, in October the World Trade Organization determined that US COOL labeling constituted an unfair restrain on world trade. COOL is important to US farmers, who understand that that consumers will have a natural bias for meat raised domestically. COOL is less important to meat packers, who prefer to fill their orders with meat produced as cheaply and efficiently as possible, no matter where it is raised. Read the whole thing.
  • Fun fact: AMTRAK’s food and beverage service lost an average of $87 Million in the years between 2006 and 2012. A bill before the House will require AMTRAK to eliminate the operating loss within 5 years.
  • Agriview covers the story of a farmer who fled falling prices for commodity milk and started producing artisanal cheeses for the direct market.
  • NPR delves once again into immigration status and farm labor. One farmer interviewed for the piece tacitly admits that he prefers to have the immigration status of his workers remain indeterminate. Farming, he says, is an industry where illegal immigrants can work and remain off of the radar. If they were to become legal, “that pressure is off. Now they can go to the cities and look for construction jobs, or manufacturing jobs” and thus create acute employment problem for him. That’s admirably candid of him, but unfortunate for the laborer.
  • Michele writes about our declining appetite for red meat and the factors leading to our decreasing consumption in Al Jazeera America.
  • Finally, an extended read for the weekend fireside. Washingtonian writes about the spectacular implosion of Serendipity 3 in 2014. It all started with a bad partnership agreement, then some stuff got broken and everybody got mad and someone almost went to jail but then no one ate ice cream anymore and it was sad.

Food Law and Policy Weekly Review, February 9 -13

February 12, 2015
  • Salon.com ran a candid and insightful piece on the financial challenges of starting and operating a small farm. You should read the whole thing – you don’t get too many chances to hear a young farmer talk about how tough it actually is to run these small scale diverse farms everyone seems so excited about. The article provoked some of our thoughts on farm leasing, which we posted to the Food Law Firm Blog yesterday.
  • SrirachaWe were surprised to learn that Sriracha – the original Sriracha – never sought trademark protection for their brand. The owner of the company explains the logic behind this in the LA Times this week, which makes some kind of perverse sense actually: “He believes all the exposure will lead more consumers to taste the original spicy, sweet concoction — which was inspired by flavors from across Southeast Asia and named after a coastal city in Thailand.” Though he seems to be doing quite well, we respectfully disagree considering how relatively cheap it is to seek trademark protection.
  • Chicagomag.com profiles outgoing CEO of McDonald’s, Don Thompson. Thompson will step down as CEO on March 1 after a serious of poor quarterly earnings reports. He seems a decent fellow.
  • QSR.com discusses Chipotle’s recent challenges supplying its restaurants with humanely raised pork. On several occasions during the Carnitas Crisis, we’ve been put-out during our (frequent) visits to Chipotle, having to substitute our first choice of pork with the still delightful chicken or beef alternatives. We therefore remain interested in future stories on Chipotle’s experience with the complexities of hog contracting.
  • A Philadelphia CBS affiliate reports on an FDA study which claims to have found milk in several brands of dark chocolate. Milk is an allergen under the Food Allergen Labeling and Consumer Protection Act, and few of the dark chocolate manufacturers seem to be in compliance with the allergen declarations required by the law.
  • The Environmental Working Group reports on a study indicating that consumers are not “scared away” by a GMO label: “…there was no consistent statistically significant difference in the average level of concern for GMOs expressed by people shown different labels.  That is, the mere presence of the GMO label did not lead to a greater level of concern about GMOs.” Also quoted in the Environmental Working Group Article were two economists with the USDA who hold the opinion that “labels are generally a weak policy tool for changing consumer consumption behavior.” So is labeling an effective way to communicate with consumers or not? In last week’s Review, we linked to a study indicating that affluent consumers are more likely to heed warning labels.
  • Reason.com reports that the U.S. Dietary Guidelines Advisory Committee will no longer list cholesterol among its “nutrients of concern.”

Food Law Advice for Restaurants That Source Their Own Ingedients

September 12, 2012

My restaurant clients always tell me how maddening and insufferable it is to be asked repeatedly “Is it local?” by their patrons. Though they appreciate the curiosity and the enthusiasm of their customers, owners are already very, very aware of the pressure to do their own sourcing. The Nation’s Restaurant News has some excellent guidance for restaurants looking to make a connection with a local source in “Five Steps to Local Sourcing For Restaurants”.

A few suggestions of my own from the Food Law toolkit:

1. Risk management. If a restaurant plans to do its own purveying, it has to assume the food safety management role of a broad line distributor like Sysco or Chef’s Warehouse. The food safety geeks at the big distributors always have a thermometer handy, they periodically inspect their producers’ facilities, and they will not do business with a producer who does not agree to assume most of the food safety risks inherent in the production process. Any restauranteur who wants to source locally has to be equally scrupulous. The food safety on some farms is superb, but it is not always the case. It is possible to screw up something like spinach and grievously injure a bunch of people without regard to farm size. Strict liability, a food product liability doctrine I rhapsodize about often, places liability for the injured customer on the entire food chain. That means everybody in the supply chain has the obligation, both moral and legal, to police each other.

A restauranteur might want to read a few good books on food production safety, or contact a local agricultural extension office for guidance on good agricultural practices. That should arm the restauranteur with enough information to ask the farmer the tough questions (Do the chickens have free reign of the area where the snap peas are grown? Do farm laborers have access to field sanitation? Why is there a cat running around the creamery where the artisanal cheese is made?) Conduct a site visit of the place where you source. If you see puddles of motor oil underneath the old tractor adjacent to the melons, move on to another source. Do not deal with amateurs – they are more likely than professionals to cause harm somewhere in the food chain. If you don’t get the impression that safety is a priority, or if they give you some mumbo jumbo that food safety is only a problem on “conventional” farms, the person is deluded and you should move on.

2. Contracts. If you truly want to support local producers, offer to pay for the crop before it is put in the ground. The truly professional farmers hate economic risk and will commit their time and dirt to grow for you if you make a legally enforceable promise to buy before the season begins. This is done all the time in the agricultural industry, and this practice is starting to trickle down to the small, local farms. Of course, a contract can and should include criteria for quality control, condition of goods upon delivery, and time of delivery. If the farmer fails to deliver, the restaurant can always go right back to the broad-line distributor, so the risk to the menu and the restaurant is minimal in the event of default.