Posts tagged as:

agriculture and farming

Labor and employment roundup

by Walter Olson on September 18, 2014

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“Raw milk is risky. But that doesn’t mean it should be illegal.” [Joseph Stromberg, Vox]

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Disparate impact by way of location? “Four environmental groups announced a federal complaint Thursday alleging that North Carolina’s hog farms discriminate against ethnic minorities because the stench and pollution from the swine operations disproportionately affect African Americans, Latinos and Native Americans who live nearby.” [Raleigh News & Observer]

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Food roundup

by Walter Olson on August 26, 2014

  • “New York Times Hosts Panel on Farming, Forgets to Invite Farmers” [Julie Gunlock, IWF]
  • Historical perspectives on the current attack on food freedom [Baylen Linnekin and Michael Bachmann for the Institute for Justice; report, PDF, and summary; Reason and more Linnekin on the FDA's odd campaign against added ingredients which also occur naturally]
  • Food Safety Modernization Act of 2011 will increase costs and reduce variety in food intended for animals as well as for humans [Jerry Ellig and Richard Williams, Cato Regulation]
  • Elyria pink cookie, pride of the Ohio town’s school system, is casualty of federal food rules [Chronicle-Telegram, WEWS] NYC may launch another attack on toys in McDonald’s Happy Meals [Jeff Quinton, earlier]
  • UC Berkeley project assists effort to step up labor union presence in food area [Bill McMorris on Food Labor Research Center]
  • Lungs are better in the open air: Scotland has at least one haggis food truck [Baylen Linnekin, Vice mag]
  • “Eat great on food stamp budget” cookbook is hit, even if fans may not always have thought through its political valence [Maryn McKenna, National Geographic "The Plate"] Push to make food stamp program data public [Slate, USDA comments]

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August 21 roundup

by Walter Olson on August 21, 2014

  • “Brady Campaign loses lawsuit against Armslist (a gun classified ad site)” [Volokh]
  • Train for your bright future in federal employment as a FOIA Denial Officer [Katherine Mangu-Ward]
  • Chamber of Commerce alarmed at rise of class actions in Latin America [Kevin LaCroix/D & O Diary, Chamber report and Brazil sidebar]
  • Dear CBS Los Angeles: it’s okay to show a little skepticism regarding creationist’s claims in employment lawsuit [Skeptical Libertarian]
  • Historic role of guns in black civil rights struggle departs from polite conventional account [Charles E. Cobb, Jr., guestblogging on new book at Volokh: samples one, two, three, four]
  • Ranking law blogs based on their number of Feedly subscribers [Derek Muller; only a few single-author blogs score higher]
  • At the height of county fair season, it’s depressing to read about 4-H suits [Legal Geeks]

Food roundup

by Walter Olson on July 24, 2014

The group Save Farm Families is doing a nonfiction film (link to trailer) about the Hudson Farm case, in which Robert F. Kennedy Jr.’s Waterkeeper group, backed by a University of Maryland environmental law clinic, sued an Eastern Shore chicken farming family on charges a judge later threw out as unfounded. More at my local policy blog Free State Notes.

The Food and Drug Administration is signaling that it may rethink a much-criticized rule that would severely restrict the reuse as livestock feed of “spent” grain used in the making of beer and other fermented beverages. [WLF "Legal Pulse"] That’s good news as far as it goes, but it’s a form of exception-making that would seem to be driven at least in part by the high visibility of this one particular recycling-and-sustainability constituency (microbrewery beer is a hot leisure activity, and and craft/organic animal husbandry is a popular consumer enthusiasm these days in educated urban circles as well). The implementation of the Food Safety Modernization Act (FSMA) of 2011 is endangering a wide range of other local, non-industrial, and traditional farming and foodmaking techniques, “such as using house-made fertilizers and irrigating from creeks,” that might not enjoy the broad constituency of microbrewing. Will anyone in Washington stick up for them?

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At Reason, Baylen Linnekin asks me and several other people what key story we’re watching in the world of food policy. My answer:

The big, ominous, and still underpublicized story this year has been the Food and Drug Administration’s development of regulations to implement Congress’ panic-driven, ill-thought-out Food Safety Modernization Act of 2010. “Local growers are discovering that proposed FDA regulations would curtail many common techniques, such as using house-made fertilizers and irrigating from creeks,” reported the L.A. Times in February. Another batch of new rules will curtail the age-old practice of feeding livestock on spent beer grains, to the dismay of many small brewers and farmers. … Too bad for small, local, distinctive, traditional variety in food and farming….

Read the whole thing — including my semi-defense of the FDA on the legalities of the matter — here.

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So long, small-and-sustainable: critics say new Food and Drug Administration regulations implementing the Food Safety Modernization Act could render uneconomic the immemorial practice of using spent beer grains to feed livestock. Both farmers and brewers are upset. [Bangor Daily News/Lewiston, Me., Sun-Journal; proposed rule] More: Glenn Lammi, WLF.

Food roundup

by Walter Olson on March 17, 2014

  • Warnings dismissed at time: FDA rules implementing FSMA (Food Safety Modernization Act) of 2011 imperil practices common to organic, small growers, “such as using house-made fertilizers and irrigating from creeks” [Los Angeles Times] Oh, how D.C.’s “public-interest” establishment and its co-thinkers in the press jeered when we and others tried to raise such concerns before the bill passed!
  • Related: pursuit of locally grown/artisanal meat options collides with USDA regs that put squeeze on small slaughterhouses, overbroad recalls also a problem [Baylen Linnekin, earlier here, here, and here]
  • “America’s Obesity Problem: Legal Mechanisms for Prevention,” Duke Law School conference I spoke at (but did not write a paper for) last year, now online [Duke Forum for Law and Social Change].
  • Related: “Wellness programs addressing obesity could lead to litigation, lawyers say” [ABA Journal]
  • Looser regulation of microbrewing has already proved boon to Maryland, lawmakers now consider extending it further [Beth Rodgers, Frederick News-Post]
  • “Bill introduced to undo California’s ‘glove law’ for food preparers” [KPCC; earlier]
  • Sorry, I’ll stay home and thumb through old cookbooks instead: recent American Studies Association Food Studies Caucus program included “Food, Debt, and the Anti-Capitalist Imagination,” “Archives of Domesticity and Dissent: Cookbooks, Cooking Culture, and the Limits of Culinary Exchange,” and “Pedagogies of Food and Eating: Teaching Debt, Dissent, and Identity through Food” [Mary Grabar, Pope Center on "food studies" fad]

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Farm and food roundup

by Walter Olson on February 18, 2014

Farms are not supposed to face OSHA regulation unless they have 10 employees, but the agency has tried to get around that rule by declaring that grain storage and handling facilities on farms aren’t really part of the farm. Now 43 Senators have signed a letter warning the agency to back off. [Future of Capitalism; another family farm labor controversy from last year]

When Congress passed the Food Safety Modernization Act in 2011, some (I included) warned that it would lay serious regulatory burdens on small producers and distributors of food, threatening to drive many of them out of markets even when their products posed no actual material risk. Lawmakers gestured toward relief for small producers in an amendment, but apparently “gestured” is the operative word. “Now that those who will be regulated under the Act have had time to review and consider the FDA’s proposed FSMA rules, small farmers …are panicking. And with good reason.” [Baylen Linnekin, Reason, earlier; Daren Bakst, Heritage; "New federal regulations could threaten local farms," Michael Tabor and Nick Maravell, The Gazette (suburban Maryland)]

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In one of the most powerfully felt scenes of his novel The Grapes of Wrath, John Steinbeck indicts the private business system for engaging in a practice as foolish and wicked as the willful destruction of food crops while children went hungry. Did any of the novelist’s New Dealer friends inform him that it was in fact a deliberately planned element of FDR’s agriculture policy? [David Henderson; more from Henderson on John Kenneth Galbraith and the dire effects of FDR's policy on tenant sharecroppers]

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In April, an extensive New York Times investigation by Sharon Lafreniere confirmed and extended what writers associated with the late Andrew Breitbart had been charging for more than two years: the so-called Pigford settlement, in which the U.S. Department of Agriculture agreed to make payments to persons charging racial bias in agriculture programs, is riddled with fraud. If you thought this might stand in the way of a payday for plaintiff’s lawyers in the case, you’re wrong: U.S. District Judge Paul Friedman has just approved a payout of $90.8 million to the lawyers, over objections. That represents the maximum (7.4 percent) of what was being asked for: “The deal set out a fee range between 4.1 percent and 7.4 percent.” [BLT]

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In Argentina, famed for agricultural bounty, government folly leads to shortages of wheat [Bloomberg; original Milton Friedman quote]

“Even though I was always on public property when I filmed the horrors I saw outside that slaughterhouse in February, I became the first person charged under one of these ‘ag-gag’ laws.” [Amy Meyer, Washington Post, Utah]