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Journal of Food Law & Policy Journal of Food Law & Policy Volume 1 Number 1 Article 1 2005 Journal of Food Law & Policy - Spring 2005 Journal Editors Follow this and additional works at: https://scholarworks.uark.edu/jflp Part of the Agriculture Law Commons, Environmental Law Commons, and the Food and Drug Law Commons Recommended Citation Editors, J. (2021). Journal of Food Law & Policy - Spring 2005. Journal of Food Law & Policy, 1(1). Retrieved from https://scholarworks.uark.edu/jflp/vol1/iss1/1 This Entire Issue is brought to you for free and open access by ScholarWorks@UARK. It has been accepted for inclusion in Journal of Food Law & Policy by an authorized editor of ScholarWorks@UARK. For more information, please contact [email protected]. F00,,I'Journal ofLAW Volume 1 Number I Spring 2005 CONTENTS ESSAYS Food Law & Policy: An Essay ................. Peter Barton Hutt I Food Democracy II: Revolution or Restoration? ............... Neil D. Hamilton 13 ARTICLES Traceability and Labeling of Genetically Modified Crops, Food, and Feed in the European Union .......... MargaretRosso Grossman 43 Do European Union Non-Tariff Barriers Create Economic Nuisances in the United States? ........................... Thomas P. Redick 87 & Michaelj Adrian Revising Seed Purity Laws to Account for the Adventitious Presence of Genetically Modified Varieties: A First Step Towards Coexistence ...................... A. Bryan Endres 13 1 Fattening Foods: Under Products Liability Litigation is the Big Mac Defective? ...... Charles E. Cantu 16 5 RECENT DEVELOPMENTS United States Food Law Update ............. Michael T. Roberts 187 & Margie Alsbrook European Union Food Law Update ............. Nicole Coutrelis 219 Journalof Food Law & Policy University of Arkansas School of Law One University of Arkansas Fayetteville, AR 72701 Phone: 479-575-2754 Fax: 479-575-3540 [email protected] The Journalof Food Law & Policy is published twice annually by the University of Arkansas School of Law in Fayetteville, Arkansas. This issue of the Journalwaspublished atJoe Christiansen, Inc. in Lincoln, Nebraska. Subscription Information: The Journal of Food Law & Policy is available to subscribers for $34.00 per year. Subscribers may mail a check and contact information to the Journaloffices, or they may subscribe on-line at http://law.uark.edu/student/orgs/foodlaw/order.html. Current subscribers should send any changes of address to the Journaloffices or to [email protected]. The Journalassumes that each subscriber desires to renew its subscription unless the subscriber sends notification, in writing, before the subscription expires. Citation Format: Please cite this issue of the Journal of Food Law & Policy as 1 J. FoOD L. & POL'Y - (2005). Manuscripts: The editors of the Journal of Food Law & Policy encourage the submission of unsolicited articles, comments, essays, and reviews on a wide variety of food-related topics. Manuscripts should be double-spaced, with text and footnotes appearing on the same page, and all submissions should include a biographical paragraph or additional information about the author(s). Manuscripts may be sent to the Editor-in-Chief by traditional post to the Journal offices, or by e-mail to [email protected]. Manuscripts sent via traditional post will not be returned. Disclaimer: The Journal of Food Law & Policy is a student-edited publication. Any and all of the opinions published herein are those of the individual authors and do not necessarily represent the opinions of the University of Arkansas School of Law, any of its affiliated organizations, or any other person other than the author. Postmaster: Please send address changes to the Journal of Food Law & Policy, University of Arkansas School of Law, One University of Arkansas, Fayetteville, Arkansas 72701. Journal of Food Law & Policy MARGIE ALSBROOK Editor-in-Chief KELLY DEGOSTIN REAGAN L. MADISON Executive Editor Articles Editor ADRIENNE KINCAID MURPHY JASON MILNE Note & Comment Editor Note & Comment Editor Candidate Members JOHN TRAVIS BAXTER JOHN D. CRISP, JR. HOPE ELIZABETH GOINS SUNEEL C. GUPTA KRISTOPHER A. ISHAM P. ISAAC LINAM COBY WARREN LOGAN VICKI S. VASSER-MURRAY JEFFREY WOOD Faculty Advisor LONNIE R. BEARD Faculty Content Advisor MICHAEL T. ROBERTS @2005 Volume i Number 1 2005 UNIVERSITY OF ARKANSAS SCHOOL OF LAW FACULTY AND PROFESSIONAL STAFF ADMINISTRATION KIMBERLY FLANERY COATS, B.S., J.D., ClinicalAssociate Professor RICHARD B. ATKINSON, A.B., M.DIv., J.D., UCHE EWELUKWA, DIP. L., LL.B., B.L., Dean of the School of Law LL.M., LL.M., CAROL GOFORTH, B.A., J.D., Assistant Professor of Law Associate Dean for Academic Affairs & JANET A. FLACCUS, B.A., M.A., J.D., LL.M., Clayton N. Little Professor of Law Professor of Law JAMES K. MILLER, B.S.B.A., J.D., SHARON E. FOSTER, B.A., J.D., LL.M., Associate Dean for Students ClinicalAssociate Professor RHONDA B. ADAMS, B.S.E., M.ED., DENT GITCHEL, B.A., J.D., Assistant Dean for Administration Visiting Professor of Law NANCY COZART, M.A., J.D., MORTON GITELMAN, J.D., LL.M., Director of Development DistinguishedProfessor of Law D. MALCOLM MCNAIR, JR., B.A., M.S., CAROL R. GOFORTH, B.A., J.D., J.D., Associate Dean for Academic Affairs, Director of Alumni Relations & Continuing Clayton N. Little Professor of Law Legal Education RAFAEL GUZMAN, B.A., LL.B., LYNN STEWART, B.S., B.S., C.P.A., M.B.A., Professor of Law Budget Director DONALD P. JUDGES, B.A., J.D., PH.D., CHRIS D. MITCHELL, B.A., M.A., J.D., Ben J. Altheimer Professor of Legal Advocacy Director of Career Planning & Placement CHRISTOPHER R. KELLEY, B.A., J.D., LL.M., FACULTY Associate Professor of Law ANN KILLENBECK, B.A., M.A., M.ED., J.D., RICHARD B. ATKINSON, A.B., M.DIv., J.D., PH.D., Dean of the School of Law Clinical Associate Professor CARLTON BAILEY, B.A., J.D., MARK R. KILLENBECK, A.B., J.D., PH.D., Associate Professor of Law Wylie H. Davis Distinguished Professor of Law LINDLEE BAKER, A.B., M.Sc., J.D., JUDITH KILPATRICK, B.A., J.D., LL.M., Clinical Associate Professor J.S.D., LONNIE R. BEARD, B.A., J.D., LL.M., Associate Professor of Law Professor of Law ROBERT LAURENCE, B.Sc., M.ED., J.D., HOWARD W. BRILL, A.B., J.D., LL.M., LL.M., Vincent FosterProfessor of Legal Ethics & Robert A. Lelar Professor of Law ProfessionalResponsibility ROBERT B LEFLAR, A.B., J.D., M.P.H., CHAUNCEY E. BRUMMER, B.A., J.D., Arkansas Bar Foundation Professor of Law Professor of Law MARY ELIZABETH MATTHEWS, B.S., J.D., HERB CIHAK, B.A., M.A., J.D., M.L.S., Professor of Law Director of the Young Law Library and ROBERT B. MOBERLY, B.A., J.D., Professor of Law Dean Emeritus & Professor of Law CARL J. CIRCO, B.A., J.D., Assistant Professor of Law MICHAEL W. MULLANE, B.A., J.D., HERBERT E. CIHAK, B.A., M.A., J.D., Director of Clinical Programs & Professor of M.L.S., Law Director of Young Law Library & Professor of CYNTHIA E. NANCE, B.S., M.A., J.D., Law Associate Professor of Law JAMES R. JACKSON, B.A., J.D., M.L.I.S., PHILLIP E. NORVELL, B.A., J.D., Reference Librarian Professor of Law LORRAINE K. LORNE, B.A., J.D., M.L.S., KATHRYN A. SAMPSON, B.A., J.D., Assistant Director and Reference/Services ClinicalAssociate Professor Coordinator of the Library SUSAN A. SCHNEIDER, B.A., J.D., LL.M., MONIKA SZAKASITS, B.A., J.D., M.S.L.I.S., Director of the GraduateAgricultural Law Faculty Services Coordinator Program & Associate Professor of Law NATIONAL CENTER FOR ThRRY JEAN SELIGMANN, B.A., J.D., AGRICULTURAL LAW Director of Legal Research & Writing & Associate Professor of Law STEPHEN M. SHEPPARD, B.A., J.D., CERT. SALLY J. KELLEY, B.A., M.A.T., M.A., INT'L L., LL.M., M.LITr., Clinical Professorof Librarianship Associate Professorof Law HARRISON PITTMAN, B.S., J.D., TIMOTHY R. TARVIN, B.A., J.D., Research Assistant Professor of Law & Staff ClinicalAssociate Professor Attorney JOHN J. WATKINS, B.J., MA., J.D., DOUG O'BRIEN, B.S., J.D., William H. Enfield Professor of Law Research Assistant Professor of Law & Senior ALBERT M. WITTE, PH.B., M.A., LL.B., Staff Attorney Professor of Law MICHAEL T. ROBERTS, B.S., J.D., LL.M., Director of National Agricultural Law Center ROBERT A. & VIVIAN & Research Associate Professor of Law YOUNG LAW LIBRARY FREDERICK C.H. CHAN, B.A., M.A., Cataloger & Government Documents Librarian CATHERINE P. CHICK, B.A., M.L.S., Reference Librarian The University of Arkansas School of Law is a member of the Association of American Law Schools and is accredited by the American Bar Association. UNIVERSITY OF ARKANSAS SCHOOL OF LAW FACULTY AND PROFESSIONAL STAFF ADMINISTRATION KIMBERLY FLANERY COATS, B.S., J.D., ClinicalAssociate Professor RICHARD B. ATKINSON, A.B., M.DIv., J.D., UCHE EWELUKWA, DIP. L., LL.B., B.L., Dean of the School of Law LL.M., LL.M., CAROL GOFORTH, B.A., J.D., Assistant Professor of Law Associate Dean for Academic Affairs & JANET A. FLACCUS, B.A., M.A., J.D., LL.M., Clayton N. Little Professor of Law Professor of Law JAMES K. MILLER, B.S.B.A., J.D., SHARON E. FOSTER, B.A., J.D., LL.M., Associate Dean for Students ClinicalAssociate Professor RHONDA B. ADAMS, B.S.E., M.ED., DENT GITCHEL, B.A., J.D., Assistant Dean for Administration Visiting Professor of Law NANCY COZART, M.A., J.D., MORTON GITELMAN, J.D., LL.M., Director of Development DistinguishedProfessor of Law D. MALCOLM MCNAIR, JR., B.A., M.S., CAROL R. GOFORTH, B.A., J.D., J.D., Associate Dean for Academic Affairs, Director of Alumni Relations & Continuing Clayton N.
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