Category Archives Issue 336

The Massachusetts House of Representatives has reportedly approved a bill (H.B. 4459) that would allow the state to prohibit high-calorie sodas and fatty, salty and sugary snacks in elementary, middle and high schools. The legislation, which supporters believe will help fight childhood obesity, also encourages schools to serve low-fat dairy products and whole grain breads and pastas, non-fried fruit and vegetables, non-carbonated water, and juice with no additives. The bill applies only to “competitive” foods or beverages—those sold à la carte, in vending machines or as side dishes—which are not part of the larger federal lunch program. “What this bill would do is get junk food out of the schools, but more importantly get healthy food into the schools,” sponsor Representative Peter Koutoujian (D-Waltham) was quoted as saying. Kelly Brownell, director of Yale University’s Rudd Center for Food Policy and Obesity, praised the legislation, saying, “This offers parents a greater…

The Humane Society of the United States is apparently continuing to push for ballot initiatives and legislation that would impose new requirements on the livestock industry. In Vermont, legislators are considering a bill (S. 230) that would require that “a representative of the Vermont humane society be present when livestock are bled or slaughtered, and to report and increase penalties for violations of the humane slaughter rules.” Proposed penalties for violation of the law could include fines no less than $5,000 and 90 days in prison. Meanwhile, a petition has reportedly been filed with Ohio’s attorney general seeking the certification of an initiative to place a proposed constitutional amendment on the ballot in fall 2010 to require that the state’s newly formed livestock board adopt humane slaughtering measures. The proposed amendment would also prohibit killing animals by strangulation and prevent the sale, transport or receipt “for use in the human…

The committee drafting an American National Standards Institute (ANSI) Sustainable Agriculture Standard (SCS-001) has published its first quarterly e-newsletter to report on standard development activities and solicit donations to support the work. The newsletter provides the names of those recently appointed to serve on the standards committee and includes subcommittee reports. The next meeting will apparently be scheduled sometime between March and June 2010 at the University of Arkansas. Shook, Hardy & Bacon attorneys James Andreasen and Chris McDonald have been monitoring the committee’s work on behalf of a coalition of stakeholders concerned about early drafts developed without industry input.

Surgeon General Regina Benjamin has issued a report calling for Americans to join her in a “national grassroots effort” to reverse the “crisis” of overweight and obese adults and children. The Surgeon General’s Vision for a Healthy and Fit Nation 2010 warns that if the trend continues, many children “will be afflicted in early adulthood with medical conditions such as diabetes and heart disease.” The report’s recommendations include (i) making healthy choices at home by consuming less sodas and juices with added sugars and eating more fruits, vegetables and whole grains; (ii) creating healthy schools by providing fresh fruit and vegetables, whole grains, water, and low fat beverages; and (iii) creating healthy work sites that promote healthy eating in cafeterias.

The Environmental Protection Agency (EPA) has issued a proposed rule that “would require persons who intend to manufacture, import, or process [multi-walled carbon nanotubes] for an activity that is designated as a significant new use by this proposed rule to notify EPA at least 90 days before commencing that activity.” The activities identified in the proposed rule as “a significant new use” are (i) “protection in the workplace” (“full-face respirators with N100 cartridges”), and (ii) “industrial, commercial, and consumer activities” (“additive/filler for polymer composites and support media for industrial catalysts”). According to the notice, EPA has issued the proposal under the authority of the Toxic Substances Control Act (TSCA) and would adopt the 90-day notice requirement to give the agency the opportunity to evaluate the intended use and “prohibit or limit that activity before it occurs,” if necessary. Comments must be submitted by March 5, 2010. See Federal Register, February 3,…

The U.S. Department of Agriculture (USDA) has announced its intention to abandon the National Animal Identification System (NAIS) and develop a “new, flexible framework for animal disease traceability,” citing public feedback and input from states, tribal nations, industry groups, and small and organic farmers. Created in 2004, NAIS aimed to register all domestic livestock in a national database to facilitate the response of state and federal officials during a disease outbreak. The system apparently drew criticism from many quarters that objected to both the cost and intrusiveness of the measure, which some felt would eventually become mandatory. Unveiled at the National Association of State Departments of Agriculture (NASDA) Mid-Year Meeting, the new initiative outlines “the basic tenets of an improved animal disease traceability capability in the United States.” According to USDA, this framework will (i) “Only apply to animals moved in interstate commerce”; (ii) “Be administered by the States and…

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