Paradise in a Cup of Coffee?
by Chad Riney, Staff Member
“Over the last decade, the Kona Coffee belt, a 20-mile strip of plantations along [Hawaii’s] west coast, has become the Napa Valley for coffee devotees, complete with farm tours and tastings.” Maura Egan,
Naughty by Nature
, N.Y. Times Style Magazine, March 26, 2010, http://www.nytimes.com/2010/03/28/t-magazine/28well-hawaii.html?_r=1&pagewanted=1. It is no surprise that Hawaii has regulated this valuable industry in an attempt to protect it. Hawaiian law requires that the packaging of locally grown coffee indicate both where in Hawai’i the coffee was grown and the percentage by weight of the contents of Hawaiian coffee. HRS §486-120.6. In addition, it is unlawful to label a Hawaiian region as a source of the product when the percent by weight is less than ten percent.
Id.
The laws attempt to protect and preserve the industry’s reputation. The labeling requirement is essentially a disclosure requirement; consumers will know how much Hawaiian coffee they are getting and from where it comes. The baseline requirement, ten percent, for labeling the coffee as a blend prevents dishonest coffee producers from claiming their product to be Hawaiian. But the question is whether these requirements are actually effective in preserving the prestige of Hawaiian coffee.
The Kona Coffee Famers Association makes a pretty strong argument that these laws do not effectively meet their goals. They claim that the labeling laws are used deceptively for promoting coffee by including the minimal amount of Kona coffee.
See
Kona Coffee Facts
, Kona Coffee Farmers Association, http://www.konacoffeefarmers.org/Kona_Coffee_Facts.asp (last visited Jan. 26, 2011). The Association is not opposed to the blending of coffee, they are concerned foreign coffee producers can use the Kona name to market their lower grade coffee.
See id
.
The institution of labeling requirements is undeniably a step in the right direction towards nourishing the Hawaiian coffee industry. However, changes must be made in order to prevent low-grade coffee producers from entering the market on Kona’s coattails.
The 2011-2012 KJEANRL Editorial Staff
We would like to welcome and congratulate our staff members selected to make up the 2011-2012 Editorial Board!
KJEANRL named Top 100 Law Journal
Washington & Lee University School of Law has named the Kentucky Journal of Equine, Agriculture, & Natural Resources Law as one of the Top 100 Law Journals of 2010.
Among "Specialized Journals," the KJEANRL came it at #34, and ahead of some very reputable competitors.
Thanks to all of our staff and editors for their hard work and contributions that made this accomplishment possible. To view the full rankings, please visit Washington & Lee University School of Law, Law Journal Rankings, select the "2010 Comb." rankings, and click "Submit."
Among "Specialized Journals," the KJEANRL came it at #34, and ahead of some very reputable competitors.
Thanks to all of our staff and editors for their hard work and contributions that made this accomplishment possible. To view the full rankings, please visit Washington & Lee University School of Law, Law Journal Rankings, select the "2010 Comb." rankings, and click "Submit."
Cooped Up Hens: Cage v. Cage-Free Eggs
by Natasha Farmer, Staff Member
Egg-laying hens used for commercial egg production in the United States have been kept in cramped cages for many years. This has caused many states to start banning restrictive livestock cages and shift the hens to open pens. Seven states have passed laws that will eventually ban or limit the different types of livestock cages.
Chicken Rules have Unintended Consequences
,
Drovers
, April 26, 2010,
available at
http://www.drovers.com/news_editorial.asp?pgID=675&ed_id=7240
.
However, open pens have resulted in many unintended consequences. After decades of breeding, hen’s territorial instincts have been boosted, which has made the hens more prone to pecking attacks “so fierce they are often called cannibalism.”
Id.
Ian Duncan, a professor emeritus of animal welfare at University of Guelph in Guelph, Ontario, stated that cannibalism is a learned behavior, which is passed from one territorial hen to another.
Id
. Experts have warned that this behavior will increase if hens are moved from small cages with five to ten birds to open pens that can hold dozens.
Id
.
The Coalition for Sustainable Egg Supply (“CSES”) leads a cooperative effort toward understanding egg supply, and boasts large and diverse constituent members including Bob Evans Farms Inc., McDonald’s Corp., and United Egg Producers. Rod Smith,
Group Begins Hen Housing Study
,
Feedstuffs
, April 9, 2010,
available at
http://www.feedstuffsfoodlink.com
. One of the primary objects of CSES concern is to evaluate the extent that different housing systems for egg-laying hens can provide both “hen well-being and egg supply that is affordable and sustainable.”
Id
. The Coalition’s mission is to evaluate the sustainability impact of three different types of egg laying systems: cage-free aviary housing systems, enriched housing including perches and nests, and caged housing environments. Coalition for Sustainable Egg Supply,
http://www.sustainableeggcoalition.org/prod/
(last visited Jan. 28, 2010). The project has yet to yield published results.
Id
.
There seems to be no right answer in this ongoing matter. It is inhumane to keep hens in such close quarters. However, if you allow the hens to roam freely in open pens serious injury could occur. Hopefully, the CSES will discover the best solution through ongoing research, but the answer may not come soon enough.
Hack Job: Security breach causes the European Commission to halt carbon trading
by Whitney Waters, Staff Member
Last month the European Commission shut down Europe’s carbon trading market after computer hackers exposed a glitch in the Emissions Trading System. James Kanter,
E.U. Closes Emissions Trading System After Thefts
, N.Y. TIMES, (Jan. 19, 2011),
available at
http://www.nytimes.com/2011/01/20/business/global/20iht-carbon20.html.
According to Bloomberg, the hackers stole approximately 2 million permits worth €29.5 million, or $41.1 million, in carbon allowances from the system. Ewa Krukowska and Mathew Carr,
Carbon Permit Trading Halt Entering Second Week; EU Registers Still Closed
, BLOOMBERG, (Jan. 26, 2011), http://www.bloomber.com/news/2011-01-26/carbon-permit-trading-entering-second-week-eu-registers-still-closed.html. The countries involved in the hacking scheme were Austria, Greece, the Czech Republic, Poland and Estonia, with the permits from the Czech Republic registry worth €7 million, or $9.3 million, alone.
Id
.
The European Commission initially stated the Emissions Trading System (hereinafter, “ETS”) would re-open on Jan. 26, however, this has been pushed back because of the continuing investigation by the European Commission, and until all the European Union (hereinafter, “EU”) member states involved in the carbon trading market can show they have adequate security measures in place.
See
James Kanter,
E.U. Closes Emissions Trading System After Thefts
, N.Y. TIMES, (Jan. 19, 2011),
available at
http://www.nytimes.com/2011/01/20/business/global/20iht-carbon20.html.
The European Commission regulates the carbon trading market, which is the largest emissions market in the world.
Id.
The EU ETS is based on the “cap and trade” principle. European Commission Climate Action,
Emissions Trading System (EU ETS)
,
available at
http://ec.europa.eu/clima/policies/ets/index_en.htm (last visited Jan. 26, 2011). Despite the on-going security problems with the system, the “cap and trade” principle is a beneficial way to combat and lower greenhouse gas emissions. Under this principle, there is a limit, a “cap,” on the amount of gases that can be released by each member country.
Id.
Currently, the companies in these countries are allotted a certain amount of greenhouse gases, which is shown in their permits.
Id
. The amount of gas allowed is determined by each individual EU member state; however, this amount will change in 2013 when the EU will set the limit on greenhouse gas emission for each state.
Id
. The companies are allowed to trade the permits with other companies for profit to fit their needs depending on the amount of gasses they will release.
Id
. At any given years end, the companies must show permits to cover every tonne of greenhouse gas they emit, or face significant fines. European Commission Climate Action,
Emissions Trading System (EU ETS), available at
http://ec.europa.eu/clima/policies/ets/index_en.htm (last visited Jan. 26, 2011).
Overall, this trading system encourages companies to decrease their amount of greenhouse gas because if they exceed their limit, they must buy highly priced permits from other countries. The system already has shown to be viable because by 2020, it is projected that the amount of gas released will be 21% lower than in 2005.
Id
. With increased security measures to prevent fraud and cyber attacks, other countries should consider the beneficial nature of the “cap and trade” system for the environment, and the potential to reduce the world’s total greenhouse gas emissions.
Mayor supports expanded gambling
by Tara Hester, Staff Member
Last month, Lexington Mayor Jim Gray said Kentucky horse farms are in need of expanded gambling in the state if they are going to survive. Janet Patton,
Gray Supports Expanded Gambling for Good of Bluegrass
, Lexington Herald-Leader, Jan. 8, 2011,
available at
http://www.kentucky.com/2011/01/08/1590354/gray-supports-expanded-gambling.html#more. Gray says there are clear signs of distress at horse farms around Kentucky, and that revenue from expanded gaming would help to alleviate the problem.
Id
. “ If a Constitutional Amendment is timely, I can support it, if not. . .we all need understand that while we are waiting, the industry is leaving,” Gray stated.
Id
. While Gray acknowledged that the ultimate decision to draft legislation was up to the Kentucky Legislature, he plans to take whatever steps he can as Mayor of Lexington to help.
Id
. After meeting with several members of the horse industry from across the state, Gray is convinced that immediate action is needed, and plans to start by having key lawmakers at his house for a reception later this month in an effort to re-push the gambling issue.
Id
.
Gray is not alone on his quest to expand gambling in Kentucky. Horse owners, trainers, breeders, and racetracks have stated that Kentucky tracks need alternative forms of gambling such as slot machines or casinos in order to compete with other states that allow this form of gambling.
Id
. And in November, Senate President David Williams said that if the democratic- controlled House passed a constitutional amendment concerning expanded gambling in Kentucky, the Republican Senate might consider it. Associated Press,
Ahead for 2011: Expanded Racetrack Gambling?
, Nov. 4, 2010,
available at
http://cincinnati.com/blogs/nkypolitics/2010/11/04/ahead-for-2011-expanded-racetrack-gambling/. However, he did not say if a Constitutional Amendment would ultimately pass, stating only that he thought there “might be some folks in the Senate that may be supportive of that (an amendment).”
Id
.
However, Gray’s campaign for expanded gambling will not be an easy job to tackle with Kentucky’s lawmakers. Governor Steve Beshear campaigned on the promise of expanding gambling in Kentucky, but his efforts, and a bill sponsored by House Speaker Greg Stumbo, failed last year. Janet Patton,
Gray Supports Expanded Gambling for Good of Bluegrass
, Lexington Herald-Leader, Jan. 8, 2011,
available at
http://www.kentucky.com/2011/01/08/1590354/gray-supports-expanded-gambling.html#more. Gray is not discouraged, however, and continues to push the legislature to re-consider the issue, at a time when Kentucky horse sales are down and tracks have been forced to cut racing this year.
Id
. While expanded gambling does seem like a quick and simple solution to the problem of a failing horse industry, it also presents its own set of challenges, including an increase in casinos and gambling sites around the state. However, when faced with the possibility of a reduced or extinct horse industry in Kentucky, a few slot machines seems like a small price to pay.
Agriculture and Antibiotics: A Healthy Mix?
by Sarah Baker, Staff Member
The great majority of Americans enjoy their commercially produced meat—hotdogs, chicken, steaks, bacon, and ham. We spend less on our packaged protein, trust the safety of the greater food supply, and are well served by modern agriculture methods, or so it would seem.
But, at what cost to our health?
This question is one the Obama administration has been asking over the past year in its efforts to ban antibiotics from being used in healthy animals. Patty Khuly,
Antibiotics Benefit Farm Animals (and People) But at What Cost?
,
USA Today
, March 11, 2010 available at http://www.usatoday.com/life/lifestyle/pets/2010-03-10-dolittler11_N.htm. Intended to promote growth and prevent disease, the animal agricultural industry feeds hogs, chicken, and cattle a daily dose of antimicrobial drugs. As a result, the animals grow larger, faster and healthier. Id. However, antibiotic resistance is an emerging threat.
When antibiotics are supplied to healthy animals in low doses for a long duration of time, resistance to the drugs build up, enabling bacteria to survive and multiply instead of being destroyed. The Pew Campaign on Human Health and Industrial Farming,
Antibiotic Resistance and the Industrial Animal Farm
, http://www.saveantibiotics.org/resources/PewAMRfactsheetfinal1.pdf (last visited Oct. 26, 2010). Humans can acquire the resistant bacteria by eating meat from these animals or by not using proper sanitation techniques during food handling or preparation. Id. Many of the antibiotics given to animals are very similar to those used to treat humans, including tetracyclines and penicillins, among others. Id. Therefore, the bacteria becoming resistant to the drugs in animals are also likely to be resistant to those drugs when proscribed to sick humans.
The impact of bacteria resistance is finally gaining some attention on the national political scene. Some recent findings show that up to seventy percent of U.S. antibiotics go to healthy farm animals to offset crowding and poor sanitation on industrial farms, and 300,000 hospitalizations and 5,000 human deaths each year are caused by foods containing E. coli and salmonella, which are increasingly becoming antibiotic resistant. Id. Statistics of this magnitude are too frightening to be ignored.
President Obama has proposed a ban on non-therapeutic antimicrobials in animal feed. Opponents, however, argue that the use of antibiotics in the animal agricultural industry keeps animal sickness manageable in crowded environments, and costs low in the supermarket. Khuly, supra. As a meat loving people, however, we must consider the implications of current agriculture practice and long-term health consequences. I’ll take a burger, minus the antibiotic resistant bacteria, please.
Holiday Hiatus
It's officially that time of year again.
For many of you, that means gearing up for what promises to be another happy holiday season. For the law students--much like the ones who operate this blog--that means buckling down for what promises to be another miserable final exam period.
For us here at the KJEANRL Blog, it means that it is time for a brief hiatus. Never fear, however, because we will promptly return once classes resume in January 2011.
Until then, from all of the staff members here at the Kentucky Journal of Equine, Agriculture & Natural Resources Law, we wish you a safe and very happy holidays!
Sincerely,
KJEANRL Online Editors