Archive for 2009

Food safety law and small producers, cont’d

My post last week on a bill that would greatly expand federal food safety law, and the dangers it could pose to small producers, drew a large number of readers, especially from Andrew Sullivan’s link; some other notable mentions and reactions include Rod Dreher, Nick Gillespie @ Reason “Hit and Run”, Hans Bader and more, John Phipps/Incoming, and Vines and Cattle.
Fluffy and insubstantial?
At the same time, bill sponsor Rep. Rosa DeLauro (D-Ct.) and allies continue their efforts to dismiss alarm about possible effects on small producers as just hysteria whipped up from nothing, a trope that Patrick at Popehat has a bit of fun with. DeLauro has given interviews along these lines in recent days to the Hartford Courant and Huffington Post. Meanwhile, Factcheck.org criticizes untruths and hyperbole about the bill found in a widely sent chain email, most of which is fair enough — lots of misinformation is being circulated — but can’t resist a bit of Snopes-like over-reassurance about the law’s supposed general innocuousness. (Incidentally, for those who keep track of such things, oft-accurate FactCheck.org has just conferred its seal of approval on oft-accurate Snopes.com. Everyone can feel better now.)

Meanwhile, the Wall Street Journal reports (blog summary) that Pennsylvania is cracking down on women who prepare home-baked pies for church fish fries without arranging for a license and state inspection access to their kitchens. Back away slowly from that pie, ma'am Little in the story is surprising to those who’ve followed our coverage over the years of similar controversies over pies in Connecticut, cupcakes in Massachusetts, cookies in Maine, county-fair jams in Virginia, and church potlucks in Indiana. All these instances of regulation, one might note, were at the hands of state and local governments, which are widely reputed to be more easily reached by irate constituents and less likely to regulate with a heavy hand than the feds in Washington.

More to come later, including an effort to sort out the confusion over what H.R. 875 as currently written exempts (e.g., many direct farm-to-consumer transactions) and what it does not exempt (lots and lots of other small and local transactions).

Land’s End replacing a million buttons

It’s pulling them off and replacing them with new buttons so as to bring children’s clothing into CPSIA compliance.

A Family Dollar store in Maryland was removing kids’ shoes from the shelf and destroying them, thus baffling an onlooker who wondered why they couldn’t have been donated instead. (Because that’s what the law says.) More on that episode: Deputy Headmistress.

Citizen-suit provision in climate bill

The Washington Times reported on Friday on what it says is a little-noticed provision in draft cap-and-trade legislation (PDF) authored by Reps. Henry Waxman (D-Calif.) and Edward Markey (D-Mass.): new authorization for “citizen suits” to challenge government inaction on climate change. The bill would confer such standing, according to the article, on anyone “who has suffered, or reasonably expects to suffer, a harm attributable, in whole or in part,” to such inaction. However — in an apparent concession made some time ago to Republican lawmakers — the article also says that total payouts by the government would be limited to the comparatively minor amount of $1.5 million per year. Attorneys’ fees payable to prevailing plaintiffs, however, will presumably be subject to no such limit. More: Carter Wood also discovers new litigation powers for state AGs tucked into the bill; Marlo Lewis, CEI “Open Market”; Deputy Headmistress.

Grimes v. Raves Motion Pictures FACTA decision reversed

Last year, Overlawyered was the first to report that Judge William Acker in the Northern District of Alabama had held the Fair and Accurate Credit Transactions Act (FACTA), which provides unlimited damages of $100-$1000 per violation for trivial technical violations of printing too many numbers on a credit card receipt, unconstitutional.  Other judges have refused to follow his lead, and last week the Eleventh Circuit reversed the decision, rejecting the facial challenge to the statute, but leaving open the possibility that the statute would be unconstitutional as applied in a particular case. (Harris v. Mexican Specialty Foods, No. 08-13510; h/t R.M.)