Category Archives Issue 493

The Centers for Disease Control and Prevention (CDC) has released a report indicating that obesity rates among preschoolers decreased in 19 states and the U.S. Virgin Islands between 2008 and 2011. Analyzing weight and height information from nearly 12 million children aged 2 to 4 years who participated in CDC’s Pediatric Nutrition Surveillance System, the report showed that Florida, Georgia, Missouri, New Jersey, South Dakota, and the U.S. Virgin Islands saw at least a one percentage point decrease in obesity rates. According to CDC research, approximately one out of eight preschoolers in the United States is obese. “Although obesity remains epidemic, the tide has begun to turn for some kids in some states,” said CDC Director Tom Frieden. “While the changes are small, for the first time in a generation they are going in the right direction. Obesity in early childhood increases the risk of serious health problems for life.” One area…

The U.S. Department of Agriculture’s (USDA’s) Office of Inspector General (OIG) has released a July 2013 audit report examining how the Agricultural Marketing Service’s (AMS’s) National Organic Program (NOP) established the “access to pasture” rule for organic dairy cattle. Although OIG generally found that the new rules for organic milk production were “successfully implemented,” it nevertheless recommended that AMS clarify guidance for certifying agents “to ensure that all dairy producers are being treated consistently.” To this end, the audit noted that NOP (i) “had not clearly defined how producers should demarcate herds of organic milk-producing cattle, which meant that some certifying agents allowed producers to add cattle to organic herds,” and (ii) “needs to include organic feed brokers within the NOP-certification process to ensure that organic feed is not commingled or contaminated.” OIG also reported that certifying agents failed to take consistent enforcement actions “when their inspectors or reviewers identified…

Applying separation-of-power principles that defeated a state administrative body’s effort to regulate smoking in public places, Boreali v. Axelrod, 71 N.Y.2d 1 (N.Y. 1987), a New York appeals court has affirmed a lower court ruling invalidating the “Portion Cap Rule” promulgated by the New York City Department of Health and Mental Hygiene (Department). In re N.Y. Statewide Coal. of Hispanic Chambers of Commerce v. N.Y.C. Dept. of Health & Mental Hygiene, No. 2013 NY Slip Op. 05505 (N.Y. App. Div., decided July 30, 2013). The rule would have limited the sale of certain sugary soft drinks to 16 ounces in food service establishments over which the Department has authority under a memorandum of understanding with the state’s Department of Agriculture and Marketing. Thus the rule would have applied to restaurants, delis, fast-food franchises, movie theaters, stadiums, and street carts, but not to grocery stores, convenience stores, corner markets, gas stations, and…

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