Many who track FDA’s implementation of the Food Safety Modernization Act (FSMA) believe that a priority for FDA is Section 105, “Standards for Produce Safety” (FDCA section 419), in particular, the leafy greens regulations. Farms are exempt under FSMA’s produce safety rules if: (A) during the previous 3-year period, the average annual monetary value of … Continue Reading
Chief Judge Alex Kozinski of the Ninth Circuit Court of Appeals may be the best-known lower court judge in the United States. He has wide-ranging tastes and accomplishments. Nearly every lawyer has a favorite Judge Kozinski quote, such as the opening line in Mattel, Inc. v. MCA Records, Inc.: "If this were a sci-fi melodrama, it might … Continue Reading
Where I grew up, there was a bagel bakery, or "bagel factory" as we called them, in every strip mall. One of them was owned by the husband of my high school English teacher, and one day in class she demonstrated to us proper bagel sliciing technique. It must have made an impression, because I remember … Continue Reading
2008 was a bad year for biofuels producers. Now, the FDA is targeting both distillers' grains, the main by-product of ethanol, and glycerin, the main by-product of biodiesel, in ways that might limit their use as animal feed.… Continue Reading
December 4-5 is the American Conference Institute’s 2nd National Forum on Food-Borne Illness Litigation. The first forum turned out to be a very engaging and diverse forum (e.g. plaintiffs lawyers, industry lawyers, top state and federal officials) on emerging issues in food-borne illness. I will be one of the many speakers. Ralph Weber, an accomplished … Continue Reading