Chipotle Served with Federal Grand Jury Subpoena

Posted January 7, 2016

On Wednesday, in a regulatory filing with the U.S. Securities & Exchange Commission (SEC), Chipotle Mexican Grille Inc. announced it was served with a criminal subpoena in December 2015. The subpoena is part of an investigation by the U.S. Food and Drug Administration's Office of Criminal Investigations. The restaurant chain must hand over documents pertaining to its restaurant in Simi Valley, California where a norovirus outbreak occurred in August 2015.  Chipotle also said in the filing that the incident was isolated and that it will cooperate fully with the federal investigation. Representatives for the U.S. Attorney’s office and the FDA did not comment.

The disclosure of the investigation comes as the company recovers from E. coli outbreaks in late October and November, which were followed by the sickening of customers at a restaurant in Boston in December. Those cases attracted significantly more national media attention than the California incident and Chipotle’s sales have dropped dramatically.

Sales fell almost 15 percent in the fourth quarter, marking the first decline for the company since it went public in 2006. Just last month, Chipotle retracted its forecast for 2016. In its regulatory filing Wednesday, the company said it could not predict the amount of any fines or penalties it may face in connection with the federal investigation.

Attempting to rehabilitate its image, Chipotle took out full-page ads apologizing to customers in newspapers around the country. It also vowed to increase food safety at its restaurants by changing cooking methods and further testing meat and produce.

Further information on the story is available here.  

(Photo courtesy Mary Hightower, U of Arkansas System Division of Agriculture)

Justice Department: Food companies at risk for prosecution over outbreaks

Posted July 15, 2015

After several deadly outbreaks food, the Justice Department is warning food companies that they could face criminal and civil penalties if they poison their customers, according to a U.S. News article available here. MSN also posted an article available here and Mercury News here.

"We have made a priority holding individuals and companies responsible when they fail to live up to their obligations that they have to protect the safety of the food that all of of us eat," said Associate Attorney General Stuart Delery.

In a high-profile case last year, a federal court in Georgia found an executive for the Peanut Corporation of America guilty of conspiracy, obstruction of justice, wire fraud and other crimes after his company shipped out salmonella-tainted peanuts that sickened more than 700 and killed nine in 2008 and 2009.

Delery, the No. 3 official at the Justice Department, would not say whether the government has plans to pursue charges against Texas-based Blue Bell Creameries after listeria in the company's ice cream was linked to illnesses and three deaths. A Food and Drug Administration (FDA) investigation found that Blue Bell knew that it had listeria in one of its plants for almost two years prior to the recall, according to Mercury News.

"We're committed to staying on top of outbreaks and evaluating potential cases as the evidence warrants." Delery said of the Blue Bell investigation and other recent outbreaks.

Bill Marler, a food safety lawyer, says Justice's recent activity is especially notable because in many of the cases, company executives were not aware of the tainted food, but they were hit with criminal charges anyway, according to MSN.

"It's been very much of a sea change," said Marler. "Once you start down this road you have to decide whether you are going to do it all the time or selectively."

Delery notes the department has pursued some of these companies with laws that are not directly related to food safety, such as those prohibiting wire or mail fraud.

In his effort to warn food companies, Delery spoke to food manufacturers at a safety meeting in Dallas last month. He said the majority of American food is safe, but "even a tiny minority" can cause harm.

For more information on food safety, please visit the National Agricultural Law Center’s website here.

May 16: Mid-South Agricultural & Environmental Law Conference

Posted April 2, 2014

The Arkansas Bar Association, the National Agricultural Law Center, and the National Sea Grant Law Center will host the first annual Mid-South Agricultural & Environmental Law Conference on May 16, 2014.

Come and learn from some of the top agricultural and environmental law experts in the country with a mix of solo speakers and panels. 

The conference offers 6.0 hours of CLE credit, including 1.0 Ethics hour.  The complete schedule is available here.

Location: Harrah’s Casino, 13615 Old Highway North, Tunica, MS.  For hotel reservations, please call 800-223-7277.

Member Cost: Online by 5/9 $270, Mailed/Faxed by 5/9 $290, Onsite after 5/9 $305

Non-Member Cost: $340
Student Cost: $35

Registration information is available here.

Topics and speaker include:

“Litigating Federal Crop Insurance Disputes: Overview and Discussion of Important Practical Pointers and Pitfalls”

J. Grant Ballard, Banks Law Firm PLLC

“Agricultural Leases for Mid-South Farmers, Lenders, and Landlords”

William C. Bridgforth, Ramsey, Bridgforth, Robinson and Raley LLP

James Calman McCastlain, Dover Dixon & Horne PLLC

J. Travis Baxter, Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

“The Gulf Dead Zone and Gulf Restoration v. EPA: What it Means for Agriculture in the Mississippi River Basin”

John Milner, Brunini, Grantham, Grower & Hewes, PLLC

“Hot Topics in Invasive Species Management: Lacey Act Reform, Biofuels, and More”

Stephanie Showalter Otts, Director, National Sea Grant Law Center

“Food Security: Technology and Ethics”

Drew L. Kershen, Earl Sneed Centennial Professor of Law, The University of Oklahoma College of Law

“Nuisance Lawsuits and Right-to-Farm Laws for Mid-South Agriculture and Aquaculture”

Rusty Rumley, Senior Staff Attorney, National Agricultural Law Center

Chinese Processed Chicken Causes Food Safety Concerns

Posted October 2, 2013

Food safety advocates are raising concerns about a decision by the USDA and the Food Safety Inspection Service (FSIS) to allow chicken processed in China to be sold in the U.S., according to a Bloomberg article available here.

USDA and FSIS announced that they will allow poultry slaughtered in the U.S. and Canada to be processed in China and returned to the U.S. on August 30, in a letter to Li Chunfeng, the deputy director general of the General Administration of Quality Supervision, Inspection and Quarantine (AQSIQ) in the People’s Republic of China (PRC).  The letter states: “As all outstanding issues have been resolved, the PRC may proceed with certifying a list of poultry processing establishments as meeting the FSIS requirements.”  The letter and report are available here.

Critics say that this decision puts consumers at risk due to lax Chinese factory oversight.  Senator Charles Schumer (D-NY) said, “The Chinese food-safety system has had significant failures in the enforcement of its food –safety laws and regulations.”  Past problems of concern include tainted baby formula and evidence of the chemical melamine in pet food and eggs.  In addition, China recently had an outbreak of avian influenza in its chicken flocks.

USDA stated, “Consumers should know that any processed poultry from China will be produced under equivalent food safety standards and conditions as U.S. poultry.”  The poultry is also required to be fully cooked.

Since the poultry will be processed, however, it will not require country of origin labeling (COOL).  In addition, consumers eating processed foods with chicken as an ingredient or chicken from a restaurant will not know if the chicken was processed in China. 

Tom Super, a spokesman for the National Chicken Council said, “Ninety-nine percent of the chicken we consume here is hatched, raised, and processed in the U.S.” and we “don’t expect that to change any time soon.”

According to an article by The Atlantic, available here, the decision “to lift the ban opens the door to the import of Chinese poultry products, but processed chicken won’t be exploding onto the U.S. market anytime soon.”  Four Chinese poultry processing plants (0.4 percent of the total meat processing firms in China), will be allowed to export to the United States.

For more information on food safety issues, please visit the National Agricultural Law Center’s website, here.  For information on COOL and International Agricultural Trade, please visit the Center’s website here and here.

National Agricultural Law Center and the National Sea Grant Law Center Announce New Collaboration

The National Sea Grant Law Center at the University of Mississippi School of Law and the National Agricultural Law Center at the University of Arkansas have forged a new partnership that will enhance each Center's national mission.

The National Sea Grant Law Center (NSGLC) provides research, education, and outreach to the National Sea Grant College Program, policy makers, practitioners, laypersons, and others on coastal, ocean, and Great Lakes law and policy.  NSLGC attorneys publish articles, produce reports, and organize and participate in continuing legal education programs, conferences, and symposia to raise awareness and educate policy makers, practitioners, and laypersons on legal issues affecting management of our coastal, ocean, and Great Lakes natural resources.

NSGLC is a component of Sea Grant, which is a partnership between the nation's universities and the National Oceanic and Atmospheric Administration (NOAA).  It began in 1966, when Congress determined there was a unique opportunity to use the nation's university expertise to address marine environmental issues. 

The National Agricultural Law Center, a unit of the University of Arkansas System Division of Agriculture, is the nation's leading source of agricultural and food law research and information and is currently celebrating its 25th Anniversary. The Center serves the nation's vast agricultural community of producers, Cooperative Extension Service personnel, state and federal policy makers, attorneys, consumers, and others.  The Center operates on a national basis and conducts objective and scholarly agricultural and food law research and information through its primary website. 

The National Agricultural Law Center is a formal partner with the USDA National Agricultural Library, helping fulfill NAL's mission of "advancing access to global information for agriculture." 

Through this new collaborative partnership, NSGLC and the National Agricultural Law Center will cross-promote research and events, jointly publish articles, and jointly host webinars and at least one Continuing Legal Education program each year designed to reach policy makers, producers, attorneys, and other mutual stakeholders.

For more information on recent and upcoming events regarding the National Agricultural Law Center, including other partnership and collaboration announcements, please visit the Center's website as well as its most recent Quarterly e-Newsletter.  For more information about the National Sea Grant Law Center and its extensive resources activities, click here.

 This article posted on July 11, 2012.

Small Farm Support Backed by Food and Agriculture Organization

With the world population growing to an expected nine billion people by 2050, the Food and Agriculture Organization of the United Nations is encouraging governments to become more involved in the support of small farms. Farm Futures reports that the FAO believes small farmers may be the key to meeting future production needs, which are calculated to increase by 60% to sustain the growing population.  For the full article, click here.

 According to the article,

"Smallholders cannot continue to be seen as part of the hunger problem. They are an important part of the solution and are crucial to promote sustainable agriculture and management of our natural resources," said FAO Director-General José Graziano da Silva.

 The article concludes, “the Committee underscored the need to identify more closely the constraints preventing smallholders from integrating more closely into the market. Policies and strategies to support smallholder integration into markets and value chains constitute a priority for the Committee on Commodity Problems.”

Gates Foundation Calls for More Ag Research Funding

Western Farm Press reports that, in the annual priorities outlined by the Bill and Melinda Gates Foundation, Gates expressed interest in the lack of funding for agricultural research and innovation. The Foundation was concerned with projected increase in world population and the lack of prioritization that is being given to research.

The Foundation will be contributing $2 billion to agricultural research. Of particular interest to Gates is research on Ug99, a stem rust that devastates wheat crops and is a threat to the most populous parts of the world. Of the $3 billion a year spent on researching the seven most important crops (one of which is wheat), “$1.5 billion comes from countries’ public funds, $1.2 billion from private companies and $300 million from international research organization CGIAR.”

The decrease in funding for agricultural research “is a particular worry for the wheat industry, which is disproportionally dependent on public-sector research dollars that have decreased in recent years because of squeezed state and federal budgets.”

Farm Foundation, NFP Report Examines Factors Driving 2011 Food Prices

In 2008, food prices throughout the U.S. and the world rose significantly. The similar trend in 2011 has been well-documented in many reports and news stories. That said, a new report issued from Farm Foundation, NFP explains that "while some of the same factors that drove commodity and food price increases in 2008 are at work today, new and very different factors have also emerged."

The new report titled, What's Driving Food Prices in 2011? can be accessed here. Five key factors are identified in the report:

• Persistent demand shocks--specifically demands of the biofuels industry, particularly for corn, and China's decision to import huge quantities of soybeans due to income growth and stocks-building;


• Market inelasticity;


• Weather and grain stocks;


• Chinese policies; and


• Macroeconomis, specifically a weaker U.S. dollar.

For more information about the report, contact Neil Conklin at neil@farmfoundation.org, Wallance Tyner (Purdue University) at wtyner@purdue.edu, or Mary Thompson at mary@farmfoudnation.org or 630-571-9393.

Posted July 20, 2011

New Initiative Will Support International Agriculture Research

A new initiative will aim to increase support for international agriculture research. The Consultative Group on International Agriculture Research (CGIAR) Fund will be lead by Jonathan Wadsworth, a senior adviser to the government of the UK.

The purpose of the CGIAR Fund is to focus on issues such as global food security, deforestation, water scarcity, and climate change. The Fund works to solve these issues by focusing donor support on new initiatives that can help solve these complex problems. Part of their mission is to reduce poverty and hunger while improving health and nutrition. Contributors to the fund include federal governments as well as international organizations, and the fund's work is perpetuated by numerous research institutes.

Wadsworth has previously served as Chair of the European Initiative for International Agricultural Research for Development (EIARD), where he worked towards promoting research development based on European methods. He has also served as a senior adviser on agricultural research with the UK Department for International Development. He has experience in many fields of development that include rural extension, research, and executive leadership.

For more information on the CGIAR Fund and Wadsworth, click here.

Posted: 2/1/11

Audit Office Increases Illegal Worker Crackdown

Employers of illegal immigrants may soon have law enforcement evaluating their practices. An audit office has been established to verify company hiring practices. U.S. Immigration and Customs Enforcement has issued a release stating that the Employment Compliance Inspection Center will be auditing even those employers with a large number of employees.

The center will examine I-9 forms filled out by employees to analyze whether or not illegal immigrants may work for the employer. The Obama administration plans to use the center to crackdown on the employment of illegal immigrants.

Posted: 1/31/11

New Journal on Food Systems

The Journal of Agriculture, Food Systems, and Community Development is a new peer-reviewed journal for food systems professionals and academics. The journal will focus on the emerging practice of basing community development around local food systems.

Applied researchers as well as professionals working in areas of sustainability are both the intended writers and readers of the journal, which is an online-only publication. Articles are both published when they are ready and gathered into quarterly issues.

The current issue of the journal is available online and centers around the topic of Urban Agriculture. Future issues will discuss food value chains and the role of planning in strengthening food systems. The journal is also affiliated with companion website AgDevONLINE, a community of practice for food systems professionals.

To view the current issue of the journal, click here.

Posted: 1/31/11

Al Qaeda Considers Food a Terrorism Target

An al Qaeda group has allegedly considered spreading poison on buffets at American restaurants, according to U.S. officials. The Department of Homeland Security has confirmed that al Qaeda in the Arabian Peninsula had looked into placing ricin and cyanide into food supplies.

U.S. officials refer to the concept as a tactical discussion rather than a legitimate plan, suggesting that the Middle Eastern terrorist organization would be incapable of actually following up on the idea. The threat has been circulating for several months with no apparent incidents.

The Food and Agriculture Sector Coordinating Council staged a drill for the government to practice its response if this incident were to occur. Officials do not believe the threat is in any stages of actual planning and suggest it will not be carried out.

Posted: 1/2/11

"Food and Ag Under the Big Sky" Conference to be Held in Montana

The annual meeting of the Agriculture, Food, and Human Values Society (AFHVS), the Association for the Study of Food and Society (ASFS), and the Society for Anthropology of Food and Nutrition (SAFN) will take place June 9-12 at the University of Montana at Missoula. Titled "Food and Ag Under the Big Sky," the joint meeting is an annual event that brings all three organizations together each year.

The conference is not limited to academic sessions and also seeks participation from farmers, activists, and anyone else with practical knowledge of food and agricultural systems. Businesses and organizations are welcome to participate as exhibitors.

For more information or to submit abstracts, click here.

Posted: 12/31/10

FAO Reports Global Food Security Risk if Crop Biodiversity is Lost

The United Nations' Food and Agriculture Organization (FAO) reported that the future of global food security may be at risk "unless greater efforts are made to conserve and use the genetic diversity of cultivated crops and their wild relatives" according to Reuters.

The report concluded that the world's "cereals output needs to rise by 1 billion metric tonnes a year by 2050 to feed a population that is expected to grow by about 40 percent" from 2005.  FAO said that crop biodiversity "provides insurance against environmental calamities" being a "strategic resource for sustainable development and eradication of hunger."

FAO also said that newly developed crop varieties that are fast-growing, high-yielding, resistant to heat, drought, salinity, pests and diseases are "crucial to ensure food security in the face of climate change."

To read the Reuters story, click here.

Posted: 10/27/2010

Research Team Makes Progress in Identifying Cause of CCD

The New York Times reports that a research team of scientists and soldiers have "achieved a major breakthrough" in identifying the cause of Colony Collapse Disorder (CCD) in honeybees.

"Since 2006, 20 to 40 percent of the bee colonies in the United States alone have suffered" from CCD.  Army scientists in Maryland and bee experts in Montana recently published a paper, available here, indicating that  combination of a fungus and a virus cause CCD.  "Exactly how that combination kills bees remains uncertain, the scientists said -- a subject for the next round of research.  But there are solid clues: both the virus and the fungus proliferate in cool, damp weather, and both do their dirty work in the bee gut, suggesting that insect nutrition is somehow compromised."

CCD has been difficult to solve, one reason for this being that "the bees do not just die -- they fly off in every direction from the hive, then die alone and dispersed."  This "makes large numbers of bee autopsies problematic."

More research is need to determine how to prevent CCD.

To read the New York Times story, click here.

Posted: 10/07/2010

FAO Suggests Better Regulation of Food Markets

The Food and Agriculture Organization of the United Nations (FAO) suggested that the "volatile food commodities markets need better regulation" according to the Associated Press.

Amid the wheat shortages in Russia, prices have risen to their highest level in two years and this rise in prices has "raised concerns about a return to the political instability of 2008, when Haiti, Kenya and Somalia were among impoverished countries that saw rioting over the cost of living."  Mozambique has already seen deadly riots over the recent rise in food prices.

FAO, however, said that there will not be a new food crisis because worldwide harvest of cereals this year "was the third highest on record and food stocks are high."  FAO also said that the food commodities markets are volatile and suggested that improved regulation and establishing an "appropriate level" of emergency supplies was needed.

To read the Associated Press story, click here.

Posted: 09/10/2010

Walmart to provide $2 billion to fight hunger

According to US Department of Agriculture figures, last year 17 million households, or roughly 15 percent of all US families, did not have access to "an adequate suppply of nutritious food" in 2008. This is the highest percentage since 1995.

In the face of this problem, the nation's largest grocer, Walmart, and the Walmart Foundation "announced a $2 billion cash and in-kind commitment . . . to help end hunger in America," reads the Walmart press release.

The pledge is part of the company's new five year initiative, "'Fighting Hunger Together."' According to the press release, the initiative has four major components: 1)food donation, valued at $1.75 billion; 2) $250 million in grants to support hunger relief organizations "at the national, state and local levels;" 3) using associates and customers to help fight hunger and support hunger relief efforts; and 4) work in collaboration with the government, food manufacturers, and other private businesses committed to fighting hunger.

Walmart's vice chairman Eduardo Castro-Wright issued this statement in the news release, '"[i]ncreasingly, we see opportunities to use our scale and reach to solve challenges in our communities . . . By working together, we believe we can reach a day where no individual in this country has to go to be hungry or worry if there will be food to put on the table tomorrow."'

As USA Today online reports, Walmart is starting off its campaign by making an $8 million donation to help US food banks improve their facilities and "capacity." $6 million of this is specifically for purchasing 60 refrigerated trucks for Feeding America food banks. "The company is also donating $10 million to help ensure that children across the US are fed healthy meals during the school year and summer months."

To read the Walmart press release, click here.
To read the USA Today article, click here.

Posted: 05/12/10

Global Agriculture and Food Security Program Launched

Today, as Reuters reports in the Washington Post, Bill Gates and US Treasury Secretary Timothy Geithner are set to launch the Global Agriculture and Food Security Program that aims to tackle hunger problems in third world countries by boosting food production in the same countries that have problems feeding their citizens.

Gates and Geithner wrote in an opinion piece for the Wall Street Journal that their program will help farmers produce more food, get their food to the markets, and earn a better income for their efforts. By doing this, they hope to reduce poverty and hunger while also producing more food.

The two wrote in the Journal: "As the world's population increases in the coming years and as changes in the climate create water shortages that destroy crops, the number of people without adequate access to food is likely to increase. As that happens, small farmers and people living in poverty will need the most help."

According to the Reuters article, the United State first proposed creating such a fund at a meeting of the Group of Eight nation's in Italy back in 2008. At the time the US was encouraging foreign nations to pool resources to invest in agriculture in the most impoverished nations. Gates and Geithner's efforts do involve other nations, as Canada, Spain, and South Korea said they would contribute money. The financial commitments to the fund now totals nearly $900 million.

The fund is set up to invest in infrastructure projects that will help farmers have better access to markets. Additionally, it will provide farmers access to better seed and farm technology. Further the fund will work to increase sustainable water-use.

Reuters reports that the fund will be overseen by the World Bank. The World Bank "will provide financing to poor countries with high levels of food insecurity and have developed sound agricultural plans to boost crop production."

Currently, despite the fact that enough food is produced annually, worldwide, to feed the world population, 1 billion people still go hungry. Perhaps this new initiative will bring this number down.

To read Gates and Geithner's opinion piece in the Wall Street Journal, click here.

To read the Reuter's story in the Washington Post, click here.

Posted: 04/22/10