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Note: This website is intended to provide general information about legal issues, crop insurance, farm policy, and other risk management issues and should not be construed as providing legal advice. It should not be cited or relied upon as legal authority. For advice about how the issues discussed here might apply to your individual situation, you should consult an attorney.

Welcome to the Maryland Risk Management Education Blog, provided by the University of Maryland Department of Agricultural and Resource Economics and features the work of the Maryland Crop Insurance Education program and the University of Maryland - MPowering the State's Agriculture Law Education Initiative, a University of Maryland Extension Signature Program. This blog provides readers with information on risk management issues important to Maryland agriculture, upcoming events, and new materials that may interest readers.

Labeling The Lactating Almond

Nov 28, 2018
2 min

Labeling The Lactating Almond

By Sarah Everhart and Allison Venable The article is not a substitute for legal advice. See here for the site’s reposting policy. The labeling of plant-based “milks” is a hotly debated topic among producers, regulators and consumers. The issue hits very close to the dairy sector, many of whom cite the proliferation of plant-based “dairy” products as one of the reasons for the sector’s economic hardships. The FDA Commissioner Scott Gottlieb recently commented on the fact th

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Cell-Cultured Meat- Now What?

Nov 13, 2018
3 min

Cell-Cultured Meat- Now What?

By Sarah Everhart The article is not a substitute for legal advice. See here for the site’s reposting policy. Last month the U.S. Food and Drug Administration (FDA) and Department of Agriculture (USDA) met again to discuss the regulation and labeling of cell cultured meats sometimes referred to as “clean meats”. According to a recent Congressional Research Service Report, “a number of U.S. cell-cultured meat companies are developing products that some believe could be sold

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A Class Action Lawsuit Over Carnitas- Schneider, et al v. Chipotle Mexican Grill, Inc.

Oct 16, 2018
3 min

A Class Action Lawsuit Over Carnitas- Schneider, et al v. Chipotle Mexican Grill, Inc.

By Sarah Everhart See here for the site’s reposting policy. On September 29, the U.S. District Court in the Northern District of California granted a motion for class certification in Schneider, et al v. Chipotle Mexican Grill, Inc., Case No. 16-cv-02200-HSG. The four plaintiffs in the case are alleging that Chipotle’s claims that its products were “non-GMO” and “GMO-free” violated California, Maryland, and New York consumer protection laws. According to Maryland’s consumer

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Reposting or Liking Other People’s Unapproved Drug Claims About Products Could Land You In Trouble

Mar 8, 2018
3 min

Reposting or Liking Other People’s Unapproved Drug Claims About Products Could Land You In Trouble

By Nicole Cook Be Careful What You “Like” on Social Media: How Retweeting, Reposting or “Liking” Other People’s Unapproved Drug Claims About Your Products Could Land You In Legal Trouble. This is not a substitute for legal or financial advice. See here for the site’s reposting policy. If you sell food, then you know that Food and Drug Agency (FDA) regulations strictly prohibit you from asserting or even implying on your product’s label that your product can treat, prevent or

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Labeling Guidance for Animal Raising Claims: What’s New?

Jan 3, 2017
2 min

Labeling Guidance for Animal Raising Claims: What’s New?

By Ashley Ellixson This article was published in the December 3rd Edition of the Lancaster Farmer. Have you seen labels on your food or at the grocer that say “raised without the use of hormones” or “raised without antibiotics”? These phrases, as well as the more common terms like “organic” and “grass fed,” refer to the way that the source of animal for a meat or poultry was raised. These labels need to be approved and evaluated before they can be used. USDA’s Food Safety a

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Food Labeling Continues: Allergen Warnings

Nov 8, 2016
2 min

Food Labeling Continues: Allergen Warnings

By Ashley Ellixson It’s been quite a while since I addressed food labels, so today I am jumping back in and talking about allergen warnings. I am sure most of you know there is such a thing as an allergen warning but what it is and who needs to have one on their label may not be so clear. The Laws The Food Allergen Labeling and Consumer Protection Act (FALCPA) of 2004 is an amendment to the Federal Food, Drug, and Cosmetic Act to make it easier for consumers to identify and

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What Does “Healthy” Mean? Give the FDA Your Two Cents

Nov 2, 2016
2 min

What Does “Healthy” Mean? Give the FDA Your Two Cents

By Sarah Everhart What does “healthy” mean? This is not an easy question to answer and a subject that my four year old son and I often debate. The U.S. Food and Drug Administration (FDA) recently started a public process to redefine what the label of healthy means to consumers. According to the FDA, redefining healthy is part of an overall plan to provide consumers with information and tools to easily and quickly make food choices consistent with public health recommendation

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Two More New England States Look at GMO Labeling

Mar 15, 2016
2 min

Two More New England States Look at GMO Labeling

By Ashley Ellixson If you read last week’s post on Vermont’s genetically modified organisms (GMO) labeling bill, you should be up to speed on what is going on at the state level when GMO labeling is discussed. To review, on April 23, 2014, Vermont became the first state requiring labeling of GMO foods. Vermont’s legislature approved a bill requiring raw agricultural commodities and processed foods offered for sale in Vermont retail stores to display special labeling (with c

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Frequently Asked Questions: Which Address Do I Place On My Food Label When I Make Food At Community

Feb 2, 2016
3 min

Frequently Asked Questions: Which Address Do I Place On My Food Label When I Make Food At Community

By Ashley Ellixson The question of business address on a food label is really quite common. You might be wondering, why would someone make the food that he or she sells at a community licensed kitchen but do everything else from his or her home? The easiest answer is because it can be costly to license your at-home kitchen for processing and the requirements to be met may not allow for a typical family environment in the at-home kitchen. Local and state zoning, waste dispo

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What is a “Natural” Food? The FDA Wants You To Weigh In

Dec 15, 2015
2 min

What is a “Natural” Food? The FDA Wants You To Weigh In

By Sarah Everhart We all have cupboards full of products claiming to be “natural,” “all natural” or “100% natural,” but what do these terms really mean? The Food and Drug Administration (FDA) recently issued a request for public comment on why a binding and comprehensive definition of the term “natural” is necessary and what that definition should be. The FDA is seeking public comment because it received citizen petitions asking both that the agency define the term “natural”

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Safe and Accurate Food Labeling Act of 2015: GMO Discussion Continues

Jun 17, 2015
3 min

Safe and Accurate Food Labeling Act of 2015: GMO Discussion Continues

By Ashley Ellixson Remember when I said that there is no current Federal genetically modified foods (GMO) labeling law? And recall a few weeks ago when I updated you on Vermont’s GMO labeling law and its current constitutional challenge? Well, today I will outline what could eventually be a Federal GMO labeling law which would effectively preempt all state laws on the topic. So what does that mean exactly? There would be Federal regulations outlining requirements for GMO labe

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New Antibiotic Use Standard for Poultry Announced

May 14, 2015
2 min

New Antibiotic Use Standard for Poultry Announced

By Sarah Everhart The Certified Responsible Antibiotic Use (CRAU) is a new antibiotic use standard created by School Food FOCUS and The Pew Charitable Trusts (Pew) for suppliers of poultry who opt to sell certified chicken to schools, hospitals, and other institutional customers. School Food FOCUS and Pew developed CRAU with the input of the National Procurement Initiative, a collaborative of 15 school districts serving 2.3 million children nationwide with more than $36 milli

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Food Labeling Continues: COOL Regulations

Feb 18, 2015
3 min

Food Labeling Continues: COOL Regulations

By Ashley Ellixson Have you looked at the packaging on your meat lately? Have you ever asked the question, “Why is that label there? Why must it say that?” Today, I am going to walk you through what is known as the country-of-origin labeling (COOL) regulations on meat and other covered commodities. Also, if you’re in the business of selling these products, you should make sure you’re in compliance if the regulation applies to your business. History The provisions of the COOL

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Food Labeling Continues: Let’s Talk About GMOs

Jan 21, 2015
3 min

Food Labeling Continues: Let’s Talk About GMOs

By Ashley Ellixson Many of you have asked us to discuss genetically modified organism (GMO) labeling. This post will inform you of the present issues and the state of current regulations regarding genetically modified crops and foods. Right now there is no Federal law requiring a label stating that a product contains genetically modified products. It is also important to note there is no Federal definition of genetically modified. To clarify, let’s highlight a few definiti

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FDA’s Final Rules: Calorie Counts On Your Favorite Fast Foods?

Dec 1, 2014
2 min

FDA’s Final Rules: Calorie Counts On Your Favorite Fast Foods?

By Ashley Ellixson On November 25, 2014, the U.S. Food and Drug Administration finalized two rules requiring that calorie information be listed on menus in chain restaurants and similar food establishments, as well as vending machines with 20 or more locations. The rules are required by the 2010 Patent Protection and Affordable Care Act. The reasoning behind the rules is the idea that consumers need the information in order to make informed choices for themselves and their

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Introduction to Food Labels: What Do They Mean?

Nov 10, 2014
5 min

Introduction to Food Labels: What Do They Mean?

By Ashley Ellixson This post does should not be construed as legal advice. Country-of-origin labeling, genetically engineered food, all natural. If you have been to the grocery store or watched the news lately, you are sure to have heard or seen these terms. Are you confused as to what they mean or if they mean anything at all? You are not alone. Today I will cover a general overview of food labeling in the United States. Since there are an abundance of labels (whole grain

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