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agriculture and farming

It’s not hard for a small chicken farmer to get caught in it, as we find in this Jesse Walker account. The food safety bill passed last year similarly carves out a little exemption for small producers who sell directly to consumers at farmer’s markets and the like, while not exempting those who sell through intermediaries — even though the intermediary in such a case may be simply a neighboring farmer who is headed in to the city market.

Related: India’s ingenious dabbawallah lunch-distribution system, which could probably never get past health codes in this country [37 Signals via Market Urbanism]

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Lawmakers in at least three states have proposed new laws criminalizing the taking of photos on farms without permission of the owner — and sometimes going much further than that, too. The idea is to stop animal-welfare activists from compiling unauthorized footage of allegedly inhumane conditions. I comment on that — and on some related photography and farm issues — at Cato at Liberty.

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The New York Times’s “Room for Debate” feature has a round table up on the movement for more humane treatment of farm animals and invited me to participate. I argue that local variation in laws and the emergence of distinct markets for humanely raised meat are preferable to calls for federal government intervention. More: Tom Laskawy, Grist; and see my Cato follow-on post referenced here.

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The EPA has finally backed off its contention that dairy operations need to construct elaborate retention structures to prevent milk spills, even though (to cite its previous logic) milk contains oils and thus could be considered an “oil discharge.” ["Spill Prevention, Control, and Countermeasure (SPCC) Rule and Milk," EPA, reporting on April 12 move; earlier here and here]

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The Indiana senator intends to go after a government program long notorious for its costs to consumers and food processors alike. [Tad DeHaven, Cato at Liberty]

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April 2 roundup

by Walter Olson on April 2, 2011

  • Schumer: ban gun ownership by persons arrested but not convicted of drug offenses [Jeff Winkler, Daily Caller]
  • Urban-farming pioneer in Oakland may come a cropper for selling produce without license [SFGate via Perry]
  • Harvard-trained Obamanauts’ revenge? Feds investigate Yale for alleged sexually harassive environment [Zincavage] Related: strings attached to federal money for university “sexual assault prevention” include mandatory student sensitivity-training attendance [TBD, more]
  • Trade dumping law as competitive shakedown mechanism [Tabarrok]
  • “Forwarding a Sentence-Long Message from a Listserv = Copyright Infringement?” [Volokh]
  • “Product Defect Case Over Ear Candle Cleared for Trial” [OnPoint News, McConnell/D&D, Abnormal Use]
  • Oh, Title IX, couldn’t you at least leave our booster club alone? [Saving Sports] Wrestling team axe is just the start for men’s sports cuts at Liberty U. [same]
  • “Wal-Mart v. Dukes [Lawyers] Ask Courts To Fix The World” [Dan Fisher, Forbes] Liptak/NYT on use of “social framework” evidence in case [Mass Tort Prof] Rhetoric about “day in court” tends to obscure actual stakes [Daniel Schwartz] More: Hans Bader, and Jon Hyman with many links.

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A Florida bill would criminalize that. [Lowering the Bar, Volokh]

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February 28 roundup

by Walter Olson on February 28, 2011

  • Feds indict activist for handing out “jury nullification” tracts outside courthouse [Volokh, Greenfield] Anti-abortion billboard taken down after demand by NYC pol; co. says fear of violence was spur [NY Times]
  • Pigford class action (USDA bias against black farmers) defended and assailed [Friedersdorf and readers, Daniel Foster/NR, Mark Thompson/LOG, earlier here, here, here, etc.]
  • Avik Roy on Pennsylvania defensive-medicine study [Forbes]
  • Backstory: Scott Walker battled AFSCME for years as Milwaukee County exec [Aaron Rodriguez, Hispanic Conservative] “Wisconsin’s teachers required to teach kids labor union and collective bargaining history” [Daily Caller]
  • “The return of the $0 Costco fuel settlement” [CCAF]
  • Historic preservation vs. the obesity crusade: should a vintage Coke sign in San Francisco’s Bernal Heights neighborhood come down? [SFGate]
  • Law blog that covers a single beat closely can turn itself into a valued practice tool [Eric Turkewitz on John Hochfelder's New York Injury Cases]
  • “Soda suits: Banzhaf browbeats school officials” [five years ago on Overlawyered]

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“The Department of Agriculture said on Friday that American farmers could resume growing genetically engineered sugar beets that had been barred by a federal judge.” The ban had led to fears of sugar shortages and steep price hikes. [New York Times, earlier]

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February 5 roundup

by Walter Olson on February 5, 2011

  • Thomas Sowell on EPA dairy-spill regulations [NRO, earlier at Cato here and here] It’s the miracle federal agency: “What doesn’t the EPA do?” [ShopFloor]
  • President’s State of the Union medical malpractice gesture, cont’d [PoL, more, Ted Frank/Examiner, NJLRA, related, earlier here, here, here, here, here, here, here, etc.]
  • Fired minor-league Yankees mascot files wage-hour suit [ESPN]
  • Ohio sheriff prepares criminal complaint against reporter for asking him questions [WHIO via Balko]
  • It all happened so suddenly: Henry Waxman now disapproves of the use of subpoenas for fishing expeditions [Mark Tapscott, Examiner; earlier]
  • Should hospitals ban cameras from childbirth? [NYT "Room for Debate" with contribution from Jim Harper, Cato Institute]
  • Non-”flagrant” trespassing OK? Tort liability shift in Third Restatement [PoL]
  • Nope: “At this time, I would like to formally accuse Walter Olson of having an intern or something.” [Ron Miller]

Now why again do we subsidize the making of corn into ethanol at great cost? [Kenneth Anderson, Opinio Juris]

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Sponsored by Reps. Jared Polis (D-Colo.) and Jason Chaffetz (R-Utah), it would OK some now-banned health claims about food. “A few years ago, for example, the Food and Drug Administration sent warning letters to orchards that had boasted that tart cherries contained antioxidants, anti-inflammatory agents and other beneficial properties…. All such activities, in the FDA’s words, ’cause your products to be drugs.’” [Vincent Carroll, Denver Post]

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December 28 roundup

by Walter Olson on December 28, 2010

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As the Associated Press reported recently, the school nutrition bill to be signed by President Obama today includes provisions giving the federal government authority to regulate (among much else) the frequency of school bake sales. Following a public furor, Agriculture Secretary Tom Vilsack now says he has no intention of using the authority to do that — which may or may not signify much over the long term, since cabinet secretaries depart regularly and his successors will be free to revisit the issue. [ABC/KBOI, Kyle Wingfield/Atlanta Journal-Constitution] Local governments in places like New York City and even Iowa have lately been regulating or abolishing bake sales on nutritionist grounds. I joined Ray Dunaway on Hartford’s WTIC NewsTalk 1080 this morning to discuss the update.

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Big Government has been blowing the whistle on the Pigford settlement, which arose from allegations of racial discrimination in U.S. Department of Agriculture programs and has resulted in the allotment of billions in federal taxpayer money as compensation. The series of posts is here and here.

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“Court decisions that have suspended the planting of genetically modified sugar beets could result in a sharp decline in American sugar production in the next two years, leading to possible price increases for consumers and food processors, according to experts and farmers.” A judge recently ordered crops uprooted after finding that the planting of genetically altered seed stock had not been accompanied by a proper environmental impact statement. [N.Y. Times, The Recorder, earlier]

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As regulatory agencies go, the USDA’s Grain Inspection, Packers and Stockyards Administration, or GIPSA, generally stays out of the limelight. But lawmakers and agriculture commentators are sounding the alarm about regulations proposed this summer that they say would open up extensive new liability among livestock and poultry producers for marketing violations. Raising murmurs in particular: the Obama administration’s head of GIPSA, J. Dudley Butler, is a Mississippi trial lawyer who had made a specialty in private practice of suing livestock producers. Sample criticism: Troy Marshall/Beef Magazine; Steve Kay/Beef Magazine; Derek Hunter/Daily Caller; Bob Barr/The Hill; Greg Conko/Open Market.

Unless you’re a sugar buyer or user, at least [Sallie James, Cato-at-Liberty]

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