Author: FLPC

Written by Kristina Ellis , 3L at University of Denver Sturm College of Law and 2018-2019 Co-President

I picked up Baylen Linnekin’s book after the 2017 Food Law Student Leadership Summit. I had the pleasure of being in Baylen’s seminar on urban foraging and the law at the Summit. Inspired by his talk, I came home and purchased his book. Who wouldn’t? It’s literally a book questioning food laws in general. As a law student you think, laws are pretty good, we should regulate food. The government has scientists to tell them what should go in our food and what shouldn’t be there. These laws keep people from getting sick and ensure we have enough food for everyone. Why would we want to question food regulations? Aren’t they there to keep us safe?  After a few hours of reading this
book my mind star
ted to change.

The book hooks you as it starts off with a story about a restaurant in Denver that is practically forced out of business because the USDA, out of nowhere, tells the restaurant it can no longer cure its meats the old-world way (without preservatives). If you love food, and especially love cured meats like prosciutto or salami, this might enrage you to find out that the USDA helped shut down a great restaurant in the name of food safety. Now food safety is important, yes, but this is a case where no one had ever reported getting sick from the cured meat and on top of that the USDA had done many health inspections where it allowed the restaurant to cure its meat without preservatives. It was something that shocked me to think about. Our government’s constant adding of food regulations and laws is actually harming great food businesses, businesses that help keep old cultures alive, and that keep preservatives and harmful chemicals out of our bodies.

And that’s the sort of reaction I gather Baylen wants from his book. Baylen opens up the world of food law and regulation and shakes it up a bit showing the reader that maybe, just maybe we are doing something wrong with allowing the government to regulate and make laws around what we eat. From raw milk to school lunch programs to foraging, Baylen’s book will make you root for taking away government regulation and replacing it with more food sovereignty laws across the Nation. If you are a law student looking for an educational book that isn’t a law textbook but still teaches you about food law, this is a great book to read.

I highly recommend grabbing a copy today (even though it’s a little pricy for only 200 pages worth of material, but then again, we typically pay over $200 for law books we don’t even read all of). You won’t be sorry you did.

Written by Teresa Smith, 3L at Lewis & Clark Law School and 2018-2019 FLSN Communications Chair

As food law topics gain more and more traction around the country, the obvious question is, now what? How do I learn about the day to day work that is food law and how that kind of work could fit into my future career? For some, food law exposure may be limited to an article skimmed between Contracts lectures, or, if you are lucky enough to have a food law class at your law school it might be a fun and interesting way to earn a few credits. But how do you take that interest and apply it to the everyday practice of law; how do you get “food law experience”?

Of course, some great first steps include getting involved with the National Food Law Student Network and participating in or starting up a food law student group at your school. Another great way to get involved is through a food law related externship, internship, or clerkship. While it may seem like a niche topic area in some ways, food law experience is quite abundant. You just have to search for it.

Before attending Law School, I put a lot of thought into choosing a school that offered a food law and environmental law curriculum. I also put a lot of time into researching organizations that offered summer internship or clerking experiences that would help me further the knowledge I would gain in the classroom. I thought then, and strongly believe now, that it is the work outside of the classroom that would be my most memorable, challenging, and influential experiences during law school.

Months before I ever sent in a security deposit to my school, I researched local and national organizations that specialize in or work with food law. This is when I came across, Food & Water Watch, a national organization that fights for healthy food and clean water. I was somewhat familiar with the organization after reading Foodopoly: The Battle Over the Future of Food and Farming in America, written by Wenonah Hauter, the Founder and Executive Director. Food & Water Watch piqued my interest in particular because of their work on factory farms, an issue I am very passionate about. In fact, Food & Water Watch was the first national group to call for a ban on factory farms!

During my initial research of organizations, I scrolled through staff bios to see what kind of legal work attorneys were doing with the organization. I immediately came across an attorney who graduated from one of the law schools I was considering attending. After sending her a quick email on a whim (something my introverted self rarely does), I ended up meeting with her for coffee later that week to talk food law and law school in general.

Ultimately, I found myself attending Lewis & Clark Law School, the school in question. Food Law is not my only interest in law school, but the beauty of food law is how it intersects with so many other subjects. There is food law within labor law, family law, immigration law, and of course, environmental law, just to name a few. Oftentimes, if you look closely enough, there will be some sort of food law issue within most areas of practice. To me, this meant that there would be a variety of ways to get that “food law experience” outside of the classroom. During my first summer, I interned with Columbia Legal Services, as a Laurel Rubin Farmworker Justice Intern. I was exposed not only to immigration and labor issues, but also to concerns with pesticide exposure and agricultural issues. This was a great way to get a very specific type of food law experience.

During my 2L year, I was a clinical student with Earthrise Law Center. Luck would have it that I was able to work on a case with this same attorney that I met for coffee a few years before. I knew I wanted to continue this kind of work over the summer, and soon found myself as a clerk with Food & Water Watch. It was an invaluable experience where I was able to work on factory farm issues as well as other environmental law and administrative law tactics. It was once again, an experience that has really helped me tie together what I have learned in the classroom.

I found both of these summer experiences by linking my specific interests in food law with what was going on with my community, and both experiences have truly been an invaluable part of my legal education thus far.

Real world Food Law experience is abundant if you look closely enough. Luckily, FLSN is also here to lend a hand. The network has some incredible Careers Chairs that are hard at work looking at food law career options and would be happy to share information on externship opportunities around the country.

Written by Talia Ralph, 3L at McGill Law and 2018-2019 FLSN Projects Chair

There’s something about staring out the window of your environmental law classroom to see trees, mountains, and sky that really changes your perspective for the better. Or at least, it has changed mine.

I was definitely looking for a change of scenery when I signed up for the summer exchange program at Vermont Law School. After two years at my distinctly urban law faculty (I’m a rising 3L at McGill Law) and an entire life spent in concrete jungles, I thought a month or two in the wilderness would anchor the research and work I do on food policy. While cities have no shortage of important food-related issues to tackle, I’ve often felt that my understanding of agriculture and rural food systems could use a boost. I also figured my law-addled brain could use a bit of a break, if only in the form of occasional hikes and swims in the White River which flows by the campus.

That being said, I wasn’t really expecting to put my brain on pause. Vermont Law’s summer session is unlike any academic program I’ve ever come across; it’s jam-packed with incredible intensive classes taught by leading academics and practitioners from around the country and even the world. I guess even experts are lured by the promise of Vermont’s natural beauty, which might explain why thought leaders come to lecture twice weekly on “hot topics” in the fields of food and environmental law.

As the the leading environmental law school in the United States, and one of the only schools with a full-fledged food law and policy concentration, Vermont Law is a dreamy place to spend a semester if you have hopes of working in food law or policy. In addition to Environmental Law, I was able to take an advanced environmental legal research class (where I focused on food waste in hospital settings); study strategic food justice litigation from a D.C.-based food lawyer at Public Justice; and immerse myself in a 72-hour mediation seminar taught by the lead mediator for the Federal Deposit Insurance Corporation.  

The campus is also a truly special place. It embodies so many values that food and environmental advocates and community members have been pushing for (and practicing) for years. The cafe serves fresh food that is sourced locally, including vegan and vegetarian options at every meal; low-sugar drinks and homemade baked goods line the shelves. In the bathrooms, the toilets are compostable; in the hallways, people leave bunches of wildflowers or fresh rhubarb from their gardens to share. In legal culture, where being cut-throat and competitive is often rewarded, I can’t express enough how refreshing it was to be in a place as collaborative and collective as Vermont Law School.

Next week, I’m packing a 60-pound backpack and heading into the wilds of Montana with a group of 15 or so other law students and a law professor to learn about public land management. They call it the “Montana Field Study”. I’m not sure that there is any other law school in the world that offers students the opportunity to study wildlife management laws while wandering through the clearcut woodlands those laws were written to protect. I’m especially looking forward to the once-in-a-lifetime experience of talking about the effects of climate change while cooking under what I have heard is quite a big, beautiful sky.

I’ll let you know how it all goes. In the meantime, you might want to keep an eye out for the application to Vermont Law School’s next summer session.

Written by Seth Gitner, 3L at Georgetown, 2017-2018 Student Orgs. Co-Chair

In May of 2016 the FDA announced that it would be amending its labeling regulations by updating the nutrition facts panel.[1] One of the updates to the nutrition facts panel is going to be a line for added sugars.[2] The FDA, after reviewing scientific data, determined that it is difficult to meet nutrient needs while staying within the recommended calorie limits if an individual consumes more than 10 percent of their daily calories from added sugar.[3] A suggested limit to be placed on the intake of added sugars in the diet is supported by the 2015-2020 Dietary Guidelines for Americans, the American Heart Association, the American Academy of Pediatrics, the Institute of Medicine, and the World Health Organization.[4] The reason for these recommendations, which were mentioned above, include the fact that excessive consumption of added sugars can contribute to obesity, diabetes, and heart disease.[5]

Added sugars, for the purpose of the nutrition facts panel, includes sugars that are added during the processing, or that are packaged as such, and includes “sugars from syrups and honey, and sugars from concentrated fruit or vegetable juices that are in excess of what would be expected from the same volume of 100 percent fruit or vegetable juice of the same type.[6] There is a notable exclusions for juice concentrates used to formulate the fruit component of jellies, jams, or preserves, or the fruit component of fruit spreads.[7] The rationale behind this exclusion for jams, jellies, and fruit spreads is unclear.

Jellies are a combination of fruit juice and “one or any combination of the optional ingredients” provided in the standard of identity for “fruit jelly,” which is then concentrated. [8] The fruit juice component must be the “filtered or strained liquid extracted with or without the application of heat and with or without the application of water,” from one of a number of approved fresh, frozen, or canned fruits.[9] This juice can be concentrated before becoming a component of the jelly making process.[10] In a comment to the rule it was suggested that that the characterizing fruit and fruit juices in these product should be excluded from the definition of added sugar because they do not serve as sugar substitutes, and are not added for the purpose of sweetening a food.[11] The FDA, in response to this comment, stated that because “fruit juice concentrates may be used as ingredients in fruit jellies, jams, and preserves, we have excluded those fruit juice concentrates that are used in accordance with the standards of identity.[12]

The FDA’s decision to exclude fruit juice concentrates used in the formulation of the fruit components of jams and jellies is not entirely consistent with other portions of the definition. The reasoning the FDA offered for why added sugars are going to be included on the nutrition facts panel was the it was difficult to meet nutrient needs when added sugars make up more than 10% of a person’s diet.[13] The definition of added sugar includes concentrated fruit juice that has more sugar than the same volume of 100 percent fruit juices of the same type.[14] To go along with a comment recommending these concentrated juices be excluded in jams and jellies because they are not added to sweeten the food, but rather as an ingredient, does not reasonably follow.[15]

As interesting as this exception appears, the question remains: is this a big deal? For people who consume a large quantity of jams and jellies this exception could lead to a consumer’s unknowing consumption of added sugar. Nonetheless, it is unlikely to lead to a level of consumption of added sugar that would be likely to cause serious harm on its own. This could also be problematic and could potentially lead to jams and jellies being used as a sweetener for certain products because it offers a discount on added sugars, i.e. requires only a labeling of some and not all of what would otherwise be considered added sugars, which could potentially mislead consumers. However, as of now there is no evidence that this is happening. As new regulations are enacted it is interesting to observe the response of industry. As for the jams and jellies exception for the added sugars line, only time will tell if it is a mountain or a molehill.

[1] 81 FR 33742­­.

[2] Id.

[3] Food and Drug Administration, Changes to the Nutrition Facts Label, https://www.fda.gov/Food/GuidanceRegulation/GuidanceDocumentsRegulatoryInformation/LabelingNutrition/ucm385663.htm.

[4] Id.

[5] Harvard Men’s Health Watch, Supra note 1.

[6] 21 CFR 101.9(c)(6)(iii)

[7] Id. The definition of added sugars does not include, “fruit juice concentrates which are used to formulate the fruit component of jellies, jams, or preserves in accordance with the standard of identities set forth in §§ 150.140 and 150.160 of this chapter, or the fruit component of fruit spreads.” 21 CFR 101.9(c)(6)(iii).

[8] 21 CFR 150.140(a)

[9] 21 CFR 150.140(b).

[10] If this juice could not be concentrated before addition and further concentration in the jelly making process, the statement “fruit juice concentrates which are used to formulate the fruit component of jellies” in 21 CFR 101.9(c)(6)(iii) would be meaningless.

[11] 81 FR 33837.

[12] Id.

[13] Changes to the Nutrition Facts Label, supra note 55.

[14] 21 CFR 101.9(c)(6)(iii).

[15] 81 FR 33837.

Want to know what it’s like to be on the FLSN executive board? Check out the following reflections from some of our 2017-2018 executive board members!

This past year I served as a Careers Chair on the FLSN Executive Board. One of the primary aims of the Food Law Student Network is to facilitate connections between interested students and professionals practicing Food Law. This is especially important for students without a food law society at their own law school. In support of this aim, the Careers Chair searches for and organizes potential internships and professional opportunities to distribute across the network. As a niche practice area, this often involves fostering new connections and networks where none existed before. I really enjoyed the chance to learn more about the wide-range of possible careers paths for foodies with a legal education! – Zoe Grant, Careers Co-Chair

Serving on the FLSN Executive Committee was a valuable opportunity to engage with students, faculty, and practitioners dedicated to food law and policy issues nationwide. In particular, working on the Careers Committee enabled me to develop and disseminate resources for students interested in pursuing careers in food law and policy. – Eliza Pan, Careers Co-Chair

Being on the FLSN Executive Board was an invaluable experience.  This year, I served as the Careers Co-Chair alongside Zoe Grant and Eliza Pan.  Serving on the Executive Board helped to connect me to other students who shared a passion for food and agricultural law and policy and who wanted to share opportunities with other law students across the nation.  Being a Careers Co-Chair broadened my understanding of the diverse career opportunities there are for law students to pursue. – Mallory Neumann, Careers Co-Chair

What is better than serving on a board with people who are as passionate about food as you are?  Being on the FLSN executive board not only gave me a space to nerd out with others about food topics, but it also helped diversify my ideas about what food law is actually comprised of as a whole. From CAFOs to restaurant employment issues, food law is a a vast subject area. Getting to help create resources for others to experience the wealth of knowledge this group of people have was something I could not have done anywhere else. – Kristina Ellis, Communication Co-Chair

It has been exciting to be a part of this young organization filled with idealistic and impassioned future food lawyers. Though we all come together around our shared interest in this emerging field of law, the organization is young and in many ways still trying to find its purpose. Though this can be frustrating to some, I found it exciting. We have been able to connect people at different law schools throughout North America around a common interest, and it’s exciting to work with the other board members as we try to use this network to bring positive change to the food system. – Seth Gitner, Student Orgs Co-Chair

 

Being a member of the FLSN board was an awesome experience. I was able to connect with students who worked with outside organizations on their research projects, helping those students gain experience in food law and build valuable professional relationships. The other members of the board were also great to work with. I knew I could reach out to any of them for feedback on my work as a Projects Chair, or just to pick their brains about the work they are doing at their respective schools. I enjoyed my time on the board, and am proud to have been a representative for food law students. – Hannah Catt, Projects Co-Chair

 

Being on the FLSN board has been an incredible experience. I have had the opportunity to work with so many people from so many different backgrounds. As a Projects Co-Chair I worked on the Farm Bill Project. We did research so the Harvard Food Law Policy Clinic and other groups could assemble recommendations for lawmakers. As part of the FLSN board, I gave input on Summit planning and created an entirely new project, which will assist FLSN members in changing their university’s procurement policies. It has been an incredible year and I am so happy that I had the chance to work with such an amazing group of people.- Sarah Luther, Projects Co-Chair