SHB Tort lawyers James Andreasen and Christopher McDonald have co-authored an article that discusses developments in the drafting of an agricultural sustainability standard under the auspices of the American National Standards Institute (ANSI). Noting that the initial draft, “if finalized, could have broad-reaching impact,” the authors observe that a number of stakeholders have already “expressed concerns about certain aspects of the draft,” which is intended to cover agricultural activities “from seed to store.” Among the draft’s requirements for agricultural producers would be (i) the adoption of organic practices, (ii) limitations on and phase-out of “synthetic” pesticides and fertilizers, and (iii) employment practices in the areas of collective bargaining rights and union organizing activities “that may go beyond existing legal requirements.” The article notes that voluntary ANSI standards are often adopted by governments as legal requirements and indicates how interested parties can become involved in the standard’s development.
Category Archives Other Developments
The Grocery Manufacturers Association, American National Standards Institute and other organizations are co-sponsoring a conference titled “Bolstering Consumer Confidence: Identifying Essential Third Party Food Safety Audit Criteria,” December 2-3, 2008, in Washington, D.C. Among the conference speakers is the administrator of the U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS), who will discuss “his agency’s perspective on third party audits and the issue of country equivalency.” Other sessions will address Food and Drug Administration requirements for a comprehensive third party audit, harmonizing the global food safety system, and World Trade Organization concerns about private standards and third-party certification.
According to a news source, the Chinese press is reporting that melamine is commonly used in animal feed “to reduce product costs while maintaining protein count for quality inspections.” The Nanfang Daily apparently calls the practice an “open secret” in the industry. Unnamed industry analysts reportedly said that such news reports constitute “an unusual departure for Chinese officials” and amount to a tacit admission that the scandal, which has affected a range of food products in recent months from milk to eggs, could affect even more parts of the food supply chain. U.S. food safety officials reportedly indicated some months ago that melamine detected in livestock feed did not pose a threat to human health. Details about their conclusions appear in issue 213 of this Update. See BBC News, October 31, 2008.
The Australian Food and Grocery Council (AFGC) recently released a Responsible Children’s Marketing Initiative in response to “community concerns about food and beverage advertising during children’s television programs.” AFGC developed the initiative after the Australian Communications and Media Authority (ACMA) published its draft Children’s Television Standards 2008, which did not recommend further government regulation of food and beverage advertising. In agreement with these preliminary findings, AFGC nevertheless stated that industry “is still keen to address community concerns regarding advertising to children.” The initiative covers advertising on free-to-air television, pay television and the Internet; the use of licensed characters; and promotions in children’s publications. Companies that publicly commit to the program must institute an action plan focused on six core areas: (i) advertising messaging; (ii) the use of popular personalities and licensed characters; (iii) product placement; (iv) the use of products in interactive games; (v) advertising in schools; and (vi) the…
The University of Arkansas School of Law has announced that it will be accepting applications for graduate studies in agricultural law beginning in fall 2009. The nine-month course, billed as the only one of its kind in the nation, covers a range of issues from farm to fork, including labeling law, food policy, sustainability, biotechnology, international trade, and environmental issues. Additional information about the program is available at http://law.uark.edu/llm. The university also hosts a related blog. See Food Law Prof Blog, October 29, 2008.
Nielsen’s Consumer Insight Magazine reports that rising rates of obesity in the United States can be attributed not only to increasing calorie consumption and less exercise, but also to “pure demographics.” According to the report, “The population is older than ever before and Americans tend to be fatter when older. Women are heavier, and because they live longer than men, they make up a higher share of the older population. Lastly, Hispanics—the fastest growing immigrant group in the U.S.—tend to have higher obesity rates.” The report, titled “A Widening Market: The Obese Consumer in the U.S.,” also notes that the average American consumes 15-20 more pounds of fat each year than he did 100 years ago. As to assessing responsibility for weight gain, more than 80 percent of consumers admit they are to blame, about the same as those agreeing in 2006 that weight gain is attributable to eating too…
Several of the nation’s largest food and beverage companies have reportedly agreed to market their products under a common nutritional standard and logo designed to lessen consumer confusion at the supermarket. The “Smart Choices Program” allows participating manufacturers to display a “check mark” logo alongside calorie and serving size information on the front of products that meet specific nutritional thresholds set by a coalition of scientists, retailers and industry experts and based on federal dietary recommendations. These products cannot exceed the program’s limits for total fats, saturated fats, added sugars, or sodium. In addition, they must contain several “nutrients to encourage” that include calcium, potassium, fiber, magnesium, vitamin A, vitamin C, and vitamin E. Fruits and vegetables, whole grain, and low- or no-fat dairy products are also eligible for the marketing claim. “It’s simple, it’s easy-to-use, it’s consensus based, it’s science based,” said one spokesperson for Unilever PLC. “We would hope…
The non-profit consumer organization Food & Water Watch has released a report, “Dairy 101,” that discusses how the dairy industry has moved from thousands of relatively small producers across the nation to fewer, industrial-scale facilities concentrated in a few states. According to the report, this development is not good for the environment or for cows, which “are crowded into high-density feedlots with no access to grass and milked in round-the-clock shifts,” and are also not good for consumers, who do not know where their dairy products come from and whether the cows have been treated with antibiotics or growth hormones. The report also contends that pricing formulas and decreasing government support have provided family farmers with less income, while increasing prices for consumers. The report concludes by recommending that (i) anti-competitive behavior in the dairy market be ended, (ii) dairy farmers be provided with a fair wage, (iii) industrial dairies be…
The Soil Association, a British environmental group dedicated to sustainable, organic farming, has released a report, titled “Land of the GM-Free? How the American public are starting to turn against GM food,” that contends American consumers, farmers and politicians are losing their enthusiasm for genetically modified (GM) crops. Thus, “it is not surprising that the GM industry has scaled up its efforts to find a new market in the EU.” The report specifically addresses how “genetically engineered bovine growth hormone” and GM crops such as rice, wheat and alfalfa are facing opposition from consumers and others in the United States in the form of lawsuits and regulatory pressures. According to the report, “The Irish Republic, Northern Ireland, Scotland and Wales are all committed to GM-free policies. This has left just the present English government ministers on an increasingly lonely and desperate pro-GM quest, as consumers in their main pro-GM ally,…
According to news sources, the United Nations released a report October 22, 2008, calling on China to overhaul its system of food-safety regulation. The World Health Organization’s top food-safety official claimed that the country’s recent tainted-milk scandal was a result of individuals who “exploited weaknesses” in the regulatory system, which is “dispersed” among too many agencies and governmental levels. The U.N. urged the government to streamline its laws, make them tougher and regulate food products from farm to fork. A local spokesperson said that the U.N. stood ready to work closely with Chinese officials on reforming the law. The report apparently urges the Chinese government to shift more responsibility to food companies by requiring them to institute risk-management programs that can be audited by government inspectors. Released just as the standing committee of the National People’s Congress was preparing to discuss the draft of a new food-safety law that will,…
