Welcome to the Food and Nutrition Law and Policy Blog

Welcome to the Food and Nutrition Law and Policy Blog!

This blog provides timely and comprehensive information and analysis of cutting edge food and nutrition
law and policy issues.

Friday, August 8, 2014

D.C. Circuit Court Allows USDA Country of Origin Labels for Meat



The D.C. Circuit Court of Appeals recently upheld United States Department of Agriculture (USDA) regulations that mandate country of origin labels on meat. The case arose when a group of trade organizations, including the American Meat Institute, representing collectively "big meat," sued in opposition of the regulations.

The regulations require meat packaging (not including packaged hamburger) to include a label listing the meat's country of origin. The regulations further require that labels list all countries where processing of the meat took place. If, for example, a cow was born in Canada, but raised and processed in the United States, the regulations require the label state "born in Canada, raised and slaughtered in the United States." Industry opposed the measure, at least in part, because the regulation will force costly changes in the processing stage. Industry practices today allow meats from different countries to mix together during processing. The regulations, thus, make it difficult for industry to maintain business as usual. The court did not find the industry perspective convincing, while also noting increasing consumer demand for more transparency in food production methods. The court also cited food safety concerns regarding co-mingling of meat from different sources as a basis for its decision.

The decision further deals a blow to commercial speech advocates, and provides a win for consumer and public health advocates. In the decision, the court refused to extend commercial speech protection to include industry claims that country of origin labeling infringed freedom of speech.

Neil Pederson, J.D. expected 2015, William Mitchell College of Law.

Photo Credit: http://www.morguefile.com/archive/display/109091

Thursday, August 7, 2014

FDA in No Rush to Heighten Regulations on Antibiotics in Animal Feed


The Second Circuit recently held that the Food and Drug Administration (FDA) does not have to take action to regulate antibiotics in livestock feed. The decision reverses a lower court decision, which mandated the FDA proceed with hearings to determine whether to withdraw approval of the use of penicillin and tetracyclines as a ingredient in feed. The Second Circuit decision also reversed the lower courts holding that the FDA actions when it denied two petitions demanding hearings on the matter were arbitrary and capricious.

The FDA approved the use of penicillin and tetracyclines, both antibiotics, in animal feed in 1977. Although expressing some concern about the negative impact of that use--especially in regard to the potential impact of its widespread use on creating antibiotic resistant bacteria that could transfer to bacteria affecting humans-- the FDA decided not to take action. Instead, the FDA decided to await further studies.

Neil Pederson, J.D. expected 2015, William Mitchell College of Law.

Photo Credit: http://www.morguefile.com/archive/display/780707.