Posts Tagged ‘food safety’

Soup kitchen as “retail food establishment”

In Morristown, N.J., the city’s decision to reclassify a church-sponsored soup kitchen as a “retail food establishment” is expected to drive up the kitchen’s operating costs by at least $150,000 a year, in part by prohibiting volunteers from bringing in home-prepared food or even aprons. [William McGurn, Wall Street Journal] We’ve covered the issue periodically over the years.

Food law roundup

  • “Wisconsin Judge Rules No Right to Own a Cow or Drink Its Milk” [Food Freedom; related on demonstration at FDA]
  • We’re from the authorities, and we’re shutting down your “farm-to-fork” dinner [Amy Alkon]
  • “FTC Makes Strategic Concessions on Food/Beverage Marketing Guidelines” [Lammi, WLF]
  • Given a little humility, NYT’s Mark Bittman might have noticed that his new junk food insight contradicts his old [Jacob Sullum, Reason]
  • Urban myths about Halloween candy tampering [Free-Range Kids]
  • New Jersey lawsuit over serving of meat to devout Hindu vegetarians [Abnormal Use; compare 1999 case]
  • “First lady will achieve goal of eradicating all food deserts by 2017” — calm down, that’s “deserts” with just the one “s” [Obama Foodorama, more, more] Premise that lack of access to fresh fruits/vegetables accounts for poor urban diet, however, is sheerest fantasy [Katherine Mangu-Ward/WaPo, earlier here and here]

October 13 roundup

  • Behind the antitrust assault on Google [Jerry Brito, Josh Wright, more]
  • Rapid rise of lawsuit lenders [WSJ] And a Searle Civil Justice Institute conference on third party financing of litigation;
  • More law firms muscle into class action against e-book publishers [PaidContent] Fifth Circuit questions cy pres [Trask] And a new edition of the Federalist Society’s Class Action Watch is out;
  • When the house painters announce they’re not leaving: “Britain plans to tighten anti-squatter laws” [NYT]
  • “Courts Call Out Copyright Trolls’ Coercive Business Model, Threaten Sanctions” [EFF] “Righthaven’s Copyright Trolling is a Bankrupt Idea” [Cit Media Law] More: Vegas Inc.
  • “Twombly is the Logical Extension of the Mathews v. Eldridge Test to Discovery” [Andrew Blair-Stanek via Volokh, Frank] “Four more reasons to love TwIqbal” [Beck] “O’Scannlain says 9th Circ has adopted ‘Iqbal lite’ pleading standard, ‘Same insufficient complaints, fewer dismissals!'” [@ScottKGraham on dissent in Starr v. County of Los Angeles, PDF]
  • Florida farms sell raw milk as (wink) “pet food” [Sun-Sentinel]

Food law roundup

  • Feds fund Boston campaign bashing sweetened drinks [Globe; see also on NYC] More on ObamaCare “Public Health Fund” subsidies to local paternalist initiatives on diet [WLF]
  • Thanks to federal funding priorities, New York education department had 40 experts on school lunches, only one on science education [Frederick Hess via Stoll]
  • Grocers hope to escape federal menu labeling mandate [FDA Law Blog] How regulations exasperate midsize restaurant operators [Philip Klein, Wash. Examiner]
  • “The Eight Dumbest Restaurant Laws” [Zagat]
  • Proposed federal standards on kid food ads extreme enough that many USDA “healthy” recipes would flunk [Diane Katz, Heritage] Do FTC’s guidelines violate the First Amendment? [WSJ]
  • Compared with what? “Egg farm regulations still skimpy” [Stoll] Deer blamed for E. coli in pick-your-own strawberries [USA Today]
  • U.K.: Your kids are too fat so we’re taking them away [Daily Mail; earlier here, here, etc.]

Food law roundup

  • Texas legalizes sale of home-baked goods; “Mom can come out of hiding” [KLTV; @JohnWaggoner] New York regulators order Greenmarket cheese vendors to stop custom-slicing wedges for customers [Baylen Linnekin]
  • Children who take school lunch more likely to be obese than those who brown bag it [Freddoso] And is there still time to save chocolate milk? [Boston Herald on proposed Massachusetts school ban]
  • “Obesity policy” in theory: “High-calorie food is too cheap” argument of NYT’s Leonhardt is open to doubt [Josh Wright] “Is obesity really contagious?” [Zoë Pollock, The Dish] Knives out among scientists debating food causes of obesity [Trevor Butterworth, Forbes] Feds look to regulate food similarly to tobacco in hope of saving money on health care [Munro, Daily Caller]
  • …and practice: “Calorie counts don’t change most people’s dining-out habits, experts say” [WaPo, Richer/WLF] Obama nutrition campaign: eat as we say, not as we do [The Hill] Of recent USDA “recipes for healthy kids,” 12 of 15 would not have met proposed FTC ad standards [WSJ] Nanny’s comeuppance? “States rein in anti-obesity laws” [WSJ Law Blog]
  • “Food safety chief defends raw milk raids” [Carolyn Lochhead, SF Chronicle, earlier]
  • “It’s Time to End the War on Salt: The zealous drive by politicians to limit our salt intake has little basis in science” [Melinda Wenner Moyer, Scientific American]
  • After talking with experts, NYT’s Mark Bittman walks back some assertions about the European e. coli outbreak, now blamed on Egyptian fenugreek seeds [Science Mag; related, Kolata/NYT]
  • “If anything, China’s food scandals are becoming increasingly frequent and bizarre.” [LATimes]
  • Public criticism of activist food policy often calls forth a barrage of letters defending government role in diet. Ever wonder why? [Prevention Institute “rapid response” talking point campaign; how taxpayers help]

California closes a yogurt business

No wonder it had to go:

Her business, while it lasted, consisted of herself, making yogurt on the instructions of her father. Ms Dashtaki was renting space in the kitchen of an Egyptian restaurant where she and her father, “like elves before and after their working hours”, lovingly cultured their yogurt under a blanket, then drained it through a certain kind of cheese cloth, then stirred it for hours, and so forth. For the taste to be divine, everything has to be just so. And, being artisans, they kept the volume tiny, about 20 gallons (76 litres) a week, for sale only at local farmers’ markets.

Homa Dashtaki was eager to demonstrate that her yogurt was safe and healthful, but complying with California regulations turned out to be not so easy. In fact, authorities told her that she would face possible prosecution unless she established a “Grade A dairy facility” employing processes more commonly found in factories. A highlight: she’d have to install a pasteurizer even though she made her yogurt from milk that was already pasteurized. What’s more, California law makes it illegal to pasteurize milk twice, so there went any hope of continuing her straightforward way of obtaining milk, namely bringing it home from a fancy grocery store.

Ms Dashtaki is pondering whether to move to another state, one whose rules allow for artisanal products. She would not be the first entrepreneur to flee the Golden State.

Although a small artisan cheese sector struggles to get by, the California dairy market generally is dominated by mass-market producers selling blandly standardized wares. And you can see how that winds up happening. [The Economist]

More: Coyote. And more on the California regulatory climate from Ted at PoL, including a link to Cal-Peculiarities (PDF), by David Kadue of Seyfarth Shaw, on the state’s distinctively onerous employment laws.