Food Law & Policy eJournal最新文献

{"title":"Designing Sustainable Farming Subsidies in India","authors":"Charu Agarwal","doi":"10.2139/ssrn.3540178","DOIUrl":"https://doi.org/10.2139/ssrn.3540178","url":null,"abstract":"Using simple mathematical frameworks, the study examines the agricultural landscape in India and proposes a novel policy tool to design sustainable farming subsidies.","PeriodicalId":175783,"journal":{"name":"Food Law & Policy eJournal","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122105776","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The New Agriculture: From Food Farms to Solar Farms","authors":"Jessica Owley, A. Morris","doi":"10.7916/CJEL.V44I2.1859","DOIUrl":"https://doi.org/10.7916/CJEL.V44I2.1859","url":null,"abstract":"Across the United States, government agencies and energy developers are looking to agricultural land for development of renewable energy. One attraction of agricultural lands is that they are already relatively ecologically impaired compared with the previous solar development sites in the California and Arizona desert that have been a major source of concern for many environmental groups — and subject to expensive mitigation requirements under the Endangered Species Act. Renewable energy development pressures are accelerating the existing loss of agricultural land, heightening concerns about food security and the economic viability of agricultural communities. California farmland is at the center of this conflict. Suburban sprawl in California already leads to conversion of nearly 40,000 acres of agricultural land a year. \u0000 \u0000Now, a new competitor has entered the scene: solar energy facilities. Both users compete for water, which is only becoming scarcer in the face of climate change and periodic drought. The pressures on California’s agricultural land have long inspired the state legislature and local governments to enact various measures to protect farmland and promote the business of agriculture. We examine the ways California’s Williamson Act (which provides tax benefits for agricultural land) and the California Environmental Quality Act (the state’s environmental review statute) have proven and not proven to be obstacles to taking agricultural land out of crop production and putting it into solar energy production. We demonstrate that current laws are neither protecting prime agricultural lands nor adequately creating conditions for evaluating the tradeoffs and alternatives when farmland — or ecologically sensitive habitat — is used for large-scale renewable energy development.","PeriodicalId":175783,"journal":{"name":"Food Law & Policy eJournal","volume":"295 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123184389","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"China’s Food Safety Law. Legal Systematic Analysis of the 2015 Food Safety Law of the People’s Republic of China","authors":"J. Buijs, B. M. van der Meulen, Li Jiao","doi":"10.2139/SSRN.3124272","DOIUrl":"https://doi.org/10.2139/SSRN.3124272","url":null,"abstract":"The rising interest in the agri-food sector of the People’s Republic of China (PRC) comes along with legal questions about import requirements and the interpretation of the PRC’s agri-food law in general. The Food Safety Law of the People's Republic of China of 2015 (FSL) is the basis of China’s food regulatory system. This paper discusses the institutional framework in which the Law is embedded, its objectives, and linked therewith its relation with science. This paper also covers specific obligations that derive from the FSL and legal liability in case of non-compliance thereof. Addressing the who, what, and how of the FSL, this paper aims to contribute to a comprehensive and systematic analysis of the PRC’s agri-food law in the European civil law tradition of legal scholarship.","PeriodicalId":175783,"journal":{"name":"Food Law & Policy eJournal","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-02-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125488964","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Applying the Health Justice Framework to Diabetes as a Community-Managed Social Phenomenon","authors":"Lindsay F. Wiley","doi":"10.2139/SSRN.2832264","DOIUrl":"https://doi.org/10.2139/SSRN.2832264","url":null,"abstract":"Traditionally, prevention and control of diabetes have been viewed primarily as a matter of personal responsibility. As scientific understanding of the social determinants of health has become more sophisticated, however, many experts have questioned the effectiveness of individualistic strategies that emphasize urging at-risk individuals to change their habits, rather than making changes at the community level to facilitate healthier lifestyles for everyone. Furthermore, as we shift toward a more collective approach to health care financing, interest in evidence-based approaches to disease prevention and management — in the clinical context, as well as in the community — is growing. The Affordable Care Act includes several provisions that directly address gaps in diabetes prevention, screening, care, and treatment, as well as more broadly applicable provisions aimed at promoting community-level prevention. This Article argues that health law and policy can and should support a nascent reorientation — consistent with the health justice framework I have developed in previous articles — of the health system’s response to diabetes, from understanding diabetes primarily as a self-managed medical disorder, to responding to it as part of a broader social phenomenon managed at the community level. Part I describes the challenges posed by particular characteristics of diabetes, with an emphasis on its chronic and progressive nature, the common understanding that it is primarily a self-managed disorder, and the insidious nature of its complications. Part II describes the existing legal and policy landscape for responding to diabetes, including with respect to prevention, medical management, health insurance coverage, and discrimination. Part III introduces health justice as a framework for eliminating disparities, and points to indications within the existing law and policy landscape of a reorientation toward understanding diabetes as a social phenomenon managed primarily at the community level. I argue that these developments can and should be reinforced through law reform, litigation, policy implementation, and scholarship consistent with the health justice framework.","PeriodicalId":175783,"journal":{"name":"Food Law & Policy eJournal","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126889192","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Community Supported Agriculture: How Do Maryland Operators Manage Legal Risks?","authors":"Mayhah Suri, Paul Goeringer","doi":"10.2139/SSRN.2820652","DOIUrl":"https://doi.org/10.2139/SSRN.2820652","url":null,"abstract":"Maryland is situated between two large urban areas with a number of consumers demanding access to fresh foods. To meet this demand, many Maryland producers have started community supported agriculture (CSA) options with their businesses. These CSAs provide fresh fruit, vegetables, and sometimes meats and eggs to subscribers over the growing season. But CSAs do come with risks. This article highlights joint efforts by the Maryland Department of Agriculture and University of Maryland to educate producers on the need to utilize written contracts with their CSAs and other practices to manage legal risk in their operations.","PeriodicalId":175783,"journal":{"name":"Food Law & Policy eJournal","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-08-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126935369","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Do Menu Labeling Laws Translate into Results? Impacts on Population Obesity and Diabetes","authors":"J. Craig, Charles C. Moul, G. Niemesh","doi":"10.2139/ssrn.2792252","DOIUrl":"https://doi.org/10.2139/ssrn.2792252","url":null,"abstract":"We separately use the difference-in-differences technique and the synthetic control method on county-level data to test the impact of mandatory menu labeling laws on obesity and diabetes rates. Results show a decline in the growth of obesity rates following passage of the law at the state level in California and for six counties on the East Coast. We identify no significant impact to diabetes rates.","PeriodicalId":175783,"journal":{"name":"Food Law & Policy eJournal","volume":"58 5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-05-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133304097","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Food Safety and Standards: The Maggi Episode","authors":"K. Singhal","doi":"10.2139/SSRN.2759772","DOIUrl":"https://doi.org/10.2139/SSRN.2759772","url":null,"abstract":"Food is an essential part of the rich cultural heritage of India. Food is not merely what we eat to live, but it is an identity to who we are. In spite of the importance \"food\" holds in our everyday lives, yet it forms to be a part of one of the most neglected area in terms of quality and standards. As in the words of Micheal Pollan who has rightly pointed... \"We should not eat anything our great grandmother wouldn't recognise as food. There are many great food like items in the market our ancestors wouldn't even recognise as food and thus we ought to stay away from these. A similar food item we found all these years in our supermarkets is known as \"Maggi\", which stands to be a classic example of this. Maggi, which became a household item, as common as that of wheat, rice or dal, came into limelight due to its safety and standards under the current Food law regime. Its popularity and level of consumption across the country was mind boggling. However, its targeted audience being mostly children was the cause of concern. The turmoil regarding the safety of this product lead to a nationwide protest. In light of the Maggi episode, this research paper tries to highlight how the Food safety and standards of consumable items available in market are not under proper scanner. The legal set up with the new FSSA, 2006 has changed the scenario of maintaining food standards but the assessments are still not up to mark. We try to look into issues such as - (i) Who shall be held responsible for such a stack in the system? Is the company liable, who fails to comply with the guidelines laid down in the Act and who performs unfair trade practices? Or are the laboratories liable, who conduct tests over consumable items and fail to construe any lacunae in the item under scanner? Or the administrators who neglects to ensure food safety and place checks at various levels do their job carelessly; (ii) Can the principle of absolute liability be extended to food businesses being operated at not just big scale but also to small scale? (iii) What are the international standards that we need to abide by and how far are they being complied with? (iv) What practical steps can be taken in order to ensure that episodes like \"Maggi\" do not repeat in future? (v) To what extent are brand ambassadors of such products liable for promoting them as they are harmful for human consumption? Lastly the research tries to make some conclusions on the basis of findings with special reference to the famous Maggi episode.","PeriodicalId":175783,"journal":{"name":"Food Law & Policy eJournal","volume":"520 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-04-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134590960","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Globalization Process in the Food Industry - European Experience","authors":"J. Szwacka-Mokrzycka, R. Abutalibov, S. Guliyev","doi":"10.2139/ssrn.2743076","DOIUrl":"https://doi.org/10.2139/ssrn.2743076","url":null,"abstract":"There are some questions about globalization are looked for to be answered by developing countries in contemporary world. The authors will try to answer some questions: what is globalization? Is globalization essential? Is globalization needed in the food industry? What kind of risks and advantages does globalization have? Is it possible for each country to produce food products required by its citizens? At the same time, European experience in the globalization process of food industry will be analysed and then the transformation opportunities of this process from Europe to Post Soviet countries will be critically investigated.In general, the globalization of the world economy and the deepening of the international distribution of labor also affected food products. The role of globalization is important for countries so as to meet food products’ demand. Of course, there are some risks and some positive aspects as well. It is observed with launching environmentally unfriendly and low-quality products on market. Presently, most of the products that we commonly consume are the products of globalization. For instance, potato, rice, coffee, banana and other agricultural products. On the other hand, negotiations are underway and some activities are being implemented in Azerbaijan Republic in order to be a member of World Trade Organization (WTO), because the Republic of Azerbaijan confirms effective integration to the world economy as a strategic target of economic policy. As it is obvious, one of the discussed issues in current process of negotiations in order to be a member of WTO is the features of state regulation for agricultural industry. This issues is about the level of governmental support in the frame of mentioned regulation.Presently, broad discussions are underway in order to direct oil revenues to non oil sector. From this point of view, agricultural infrastructure, development of agroservices, financial support to agricultural producers and other government supports are the topics of strategic discussions of government. Therefore, the best experiences of European countries should be studied, analyzed and applied to the needed directions.","PeriodicalId":175783,"journal":{"name":"Food Law & Policy eJournal","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-03-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132678172","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Understanding the Farmers' Privilege in 'Monsanto Laws'","authors":"Viola Prifti","doi":"10.2139/ssrn.2708600","DOIUrl":"https://doi.org/10.2139/ssrn.2708600","url":null,"abstract":"This paper clarifies the controversy on the implementation of UPOV 1991-compliant laws in Chile, Colombia, and Guatemala as regards the farmers' privilege. It examines legal provisions as well as stakeholders' interests in order to shed light on the issue and gives reasons for broadening the farmers' privilege under the framework of UPOV 1991.","PeriodicalId":175783,"journal":{"name":"Food Law & Policy eJournal","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132874058","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Legal and Theoretical Assessment of the Right to Food in Nigeria","authors":"Eghosa O Ekhator, K. Ajibo","doi":"10.2139/ssrn.2736852","DOIUrl":"https://doi.org/10.2139/ssrn.2736852","url":null,"abstract":"Access to food is essential to human survival and the ‘right to food’ is a human right whose fulfilment impinges on the realization of most other human rights. Nigeria is a signatory to many international and regional treaties involving the right to food. Although the Nigerian constitution does not expressly refer to the right to food, fundamental rights, specifically, the ‘right to life’ and ‘right to dignity’ (amongst others) are arguably inextricably linked with the right to food. The chapter posits that although there is arguably an obligation on the Nigerian government to fulfil the right to food for her teeming population, the pervasiveness of hunger in the country starkly illustrates the on-going failure to fulfil these rights. In spite of many policies initiated by the successive governments, including the transformational drives in the agricultural sector by the current government, it is to be seen that much progress has not been made in terms of availability, accessibility and enforcement of these rights. This chapter presents a comprehensive overview of the evolution of the right to food as a human right in international and regional laws.","PeriodicalId":175783,"journal":{"name":"Food Law & Policy eJournal","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123937204","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}