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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.

Federal Liability Protections for Donating Food

Jan 10, 2017
2 min

Federal Liability Protections for Donating Food

By Sarah Everhart Disposing of consumable food is an unfortunate reality on many farms and in many food businesses. Sometimes food that is disposed can be donated. In a previous post, Paul wrote about the legal protections for Maryland farmers who allow organizations such as the Maryland Food Bank onto farms to glean food from fields. There are also legal protections and tax incentives for the direct donation of food to non-profit organizations. The federal Bill Emerson Goo

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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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FDA Issues Final Rule on Sanitary Transportation of Human and Animal Food

May 4, 2016
3 min

FDA Issues Final Rule on Sanitary Transportation of Human and Animal Food

By Ashley Ellixson This article first appeared in the April 26th Edition of the Delmarva Farmer. If you have not heard of the Food Safety Modernization Act (FSMA) yet, you will likely be hearing about it more this year. We have also written posts on the blog! What is FSMA? In short, it is legislation amending the Food, Drug and Cosmetic Act (FDCA) and giving the Food and Drug Administration (FDA) the authority to mandate preventive-based controls across the food supply chain

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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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Vermont’s Genetically Modified Organism (GMO) Labeling Law: UPDATED!

Feb 23, 2016
2 min

Vermont’s Genetically Modified Organism (GMO) Labeling Law: UPDATED!

By Ashley Ellixson Not too long ago, I gave an overview of genetically modified organisms and labeling laws in respect to them. To summarize, there is currently no Federal law requiring a label to state that a product contains genetically modified products. It is also important to note there is no Federal definition of genetically modified. With that said, on April 23, 2014, Vermont became the first state requiring labeling of GMO foods. Vermont’s legislature approved a bi

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Weekly News Roundup: February 19th Edition

Feb 19, 2016
3 min

Weekly News Roundup: February 19th Edition

By Mayhah Suri Reminder CSA Membership Agreement Samples Available Many of you running CSAs will soon be signing members up for the new season. If you need help drafting the agreement or a document to compare your current one against, check out the AREC & ALEI CSA Membership Agreement page http://go.umd.edu/CSAPage. The page has a model agreement guide, sample agreements, and videos to help you develop a membership agreement that works for your farm. Justice Scalia’s Passing

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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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Food Law: The Perishable Agricultural Commodities Act (PACA)

Dec 8, 2015
2 min

Food Law: The Perishable Agricultural Commodities Act (PACA)

By Ashley Ellixson Today we are jumping into the world of food law and taking a look of what is know as PACA, or the Perishable Agricultural Commodities Act. If you’re in the produce business, you likely already know about PACA and if you do not, it’s imperative that you do. PACA is the federal law enacted by request of the fruit and vegetable industry to promote fair trade. PACA covers dealings in fresh and frozen fruits and vegetables by establishing and enforcing a stan

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FSMA Final Rule On Produce Safety Is Released

Nov 19, 2015
2 min

FSMA Final Rule On Produce Safety Is Released

By Rohan V. Tikekar, Ph.D The final rule on fresh produce safety has been released by the US FDA on November 13, 2015. The new rule addresses requirements in five key areas pertaining to produce safety. These are agricultural water; biological soil amendments; sprouts, domesticated and wild animals; worker training and health and hygiene; and equipment, tools and building. The published rule includes several specific exemptions and the compliance dates vary based on the size

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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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The Food Safety Modernization Act: Response and Enhanced Relationships

Apr 7, 2015
2 min

The Food Safety Modernization Act: Response and Enhanced Relationships

By Ashley Ellixson Today we will complete our look at the Food Safety Modernization Act (FSMA) with a more detailed explanation of the response and enhanced relationships elements of the rule. To date, we have previously looked at the preventive controls rule, the produce safety rule, and inspection and compliance. In no way have my blog posts covered every item laid out in the FSMA, but over the last few weeks we have covered the five major elements labeled as critical to

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The Food Safety Modernization Act: Inspection and Compliance

Mar 31, 2015
3 min

The Food Safety Modernization Act: Inspection and Compliance

By Ashley Ellixson Our Food Safety Modernization Act (FSMA) overview continues today with a look at the inspection and compliance section. Not only does FSMA outline rules for farms and facilities but it also lays out the role of the Food and Drug Administration (FDA) in carrying out FSMA rules and ensuring compliance. This section is referred to as inspection and compliance and can be broken down into four main areas: 1) records and records access, 2) recalls, 3) registrat

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Food Safety Modernization Act: The Produce Safety Rule

Mar 24, 2015
4 min

Food Safety Modernization Act: The Produce Safety Rule

By Ashley Ellixson Today I am continuing our overview of the FSMA with a more detailed look at the Produce Safety Rule (Produce Rule). Feel free to reference my first two posts here and here where I explain briefly what the FSMA is and give a detailed look at the Preventive Controls Rule. The Produce Safety Rule The Food and Drug Administration (FDA) released proposed revisions to the Produce Rule (Section 105) of FSMA on September 19, 2014 with a comment period that ended D

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Food Safety Modernization Act: The Preventive Controls Rule

Mar 17, 2015
5 min

Food Safety Modernization Act: The Preventive Controls Rule

By Ashley Ellixson As promised, I will continue the series on the Food Modernization Act (FSMA) today with a closer look at whom FSMA applies to and to what extent it affects those impacted. If you would like a quick overview or missed my first post on FSMA, you can read it here. I will be focusing on the five key areas I discussed in that blog post from here on out. Today I am going to look more closely at the Preventive Controls (aka Preventive Rule). This rule is a big p

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Introduction to the Food Safety Modernization Act (FSMA)

Mar 10, 2015
2 min

Introduction to the Food Safety Modernization Act (FSMA)

By Ashley Ellixson The Center for Disease Control and Prevention (CDC) estimated in 2011 that 48 million people (or 1 in 6 Americans) get sick, 128,000 are hospitalized, and 3,000 die each year of foodborne diseases. While these are startling numbers, this is a largely preventable issue according to the Food and Drug Administration (FDA). As a result of this issue, Congress passed the Food Safety Modernization Act (FSMA) in December 2010. What is FSMA? In short, it is legis

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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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What is the Hubbub about Food Hubs?

Dec 22, 2014
3 min

What is the Hubbub about Food Hubs?

By Sarah Everhart What is a food hub? In general, food hubs help farmers get their products from the field to the consumer. According to USDA’s definition, a regional food hub is “a business or organization that actively manages the aggregation, distribution and marketing of source-identified food products, primarily from local and regional producers to strengthen their ability to satisfy wholesale, retail and institutional demand.” Although there has been a lot of recent m

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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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