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Farmers’ Market Fraud: California’s Approach and What It Means for Farmers’ Market Regulation
Get PDFThe United States Department of Agriculture (“USDA”) defines a farmers’ market as “a multi-stall market at which farmer-producers sell agricultural products directly to the general public at a central or fixed location, particularly fresh fruit and vegetables (but also meat products, dairy products, and/or grains).”[1] The recent resurgence in the popularity of farmers’ markets represents a return to days past where local producers were the predominant source for fresh produce and agricultural goods. With the most farmers’ markets of any state,[2] California has a large interest in the success of its farmers’ markets. In furtherance of this interest, California endeavors to protect its farmers’ markets from fraud.[3] Prior to 2015, California had one of the strictest farmers’ market regulatory programs in the United States.[4] Even so, the California legislature decided that more needed to be done in order to prevent farmers’ market fraud and on September 26, 2014 enacted Assembly Bill 1871 (“A.B. 1871”).[5] The primary function of this Note is to analyze A.B. 1871 and develop an understanding of the California model for regulation of farmers’ markets. This model will be compared to the approaches taken by New York and Michigan (states with the second and third most farmers’ markets)[6] to develop a greater understanding of the various approaches to farmers’ market regulation. The goal of this Note is to serve as a policy guide for farmers’ market regulation. Following this introduction, this Note will proceed in six parts. Part I will discuss the recent history of farmers’ markets with a particular emphasis on the economic and social impact that farmers’ markets have on the communities in which they operate. Part II addresses the nature of farmers’ market fraud and some general ways that states and farmers’ market vendors and operators combat fraud. Part III will provide a comprehensive analysis of A.B. 1871 and its components. Part IV will provide a comparative analysis of the regulatory approaches taken by New York and Michigan. Part V outlines four general factors for states to consider before enacting statewide regulations for farmers’ markets. Finally, Part VI concludes with guidance on state policy regarding regulation of farmers’ markets.[1] What is a Farmers’ Market?, USDA Food & Nutrition Serv., (May 27, 2015), http://www.fns.usda.gov/ebt/what-farmers-market. This Note will adhere to this definition of “farmers’ market,” and any reference to “farmers’ market,” unless specifically stated otherwise, is intended to reference this definition. [2] National Farmers Market Directory, USDA Agric. Mktg. Serv., http://search.ams.usda.gov/farmersmarkets/ (last visited February 1, 2015). As of January 2015, California had over 760 farmers’ markets registered with the USDA. The USDA’s Agricultural Marketing Service (“AMS”) collects farmers’ market information and numbers through voluntarily submitted data. Id.[3] For the purposes of this Note, farmers’ market “fraud” indicates whenever a vendor sells something that the vendor did not produce, cultivate, or harvest himself/herself and/or a vendor misrepresents something as being from a local area. A discussion on the nature of farmers’ market fraud is contained infra, Part II.[4] Samuel R. Wiseman, Emerging Issues in Food Law: Fraud in the Market, 26 Regent U. L. Rev. 367, 386 (2013-2014) (discussing California’s previous system of farmers’ market regulation).[5] A.B. 1871, 2014 Cal. State Assemb., Reg. Sess. (Cal. 2014).[6] National Farmers Market Directory, supra note 2
India\u27s Journey with Corporate Social Responsibility-What Next?
Get PDFOne of the causes for raised eyebrows to the Companies Act, 2013 is Section 135. The provision mandates companies meeting certain requirements to compulsorily contribute to corporate social responsibility (CSR) activities, or explain the failure to do so. While this has been the subject of an ongoing debate ever since the provision was suggested in 2009, the provision in question has been met with considerable resistance from the industry. Arguments against Section 135 range from specific critiques of the semantics of the statute to critiques of the failure of India as a welfare state altogether.What this paper seeks is to attempt a definitive outline of the CSR law and practice in India, its roots in Hinduism, Buddhism and Islam, Gandhian philosophies and the pre-2013 position on CSR. It shall also attempt to provide a critical analysis of Section 135 of the Companies Act, 2013 and how the provision may be ignored, or worse—misused. Three arguments are presented in this regard. Firstly, that Section 135 constitutes a departure from the accepted position that CSR needs to be imbibed into the business and management principles of a company and is heading towards a potentially destructive conversion of the principles of CSR into corporate altruism. Secondly, the provisions of Section 135 make the Board of Directors liable to show to their shareholders—the compliance of the company’s social responsibilities. Instead, if the company is to have and comply with social responsibilities, the same should be ascertained by the society, or at least a representative of society. Finally, there is a slew of extant laws in India which also mandate certain companies to take into account their social responsibilities
The Influence of Corruption on the Developing World: The Foreign Corrupt Practices Act, International Commerce and Africa
Get PDFThe Foreign Corrupt Practices Act (FCPA) demonstrates the United States’ commitment to fight against bribery and corruption and the FCPA has had a substantial impact on commerce between organizations in the United States and the developing word
Retail Therapy: How a Trip to the Store Can Make You Feel Better in the Evolving Health Care Landscape Created by the Affordable Care Act
Get PDFAs the ACA expands Medicaid eligibility by creating a national Medicaid minimum eligibility level of 133% of the federal poverty level and requires U.S. citizens to purchase health insurance as a result of the individual mandate, the shortage of primary care physicians will become painfully apparent for those seeking treatment. As a result, many health policy analysts and lawmakers are examining the potential ability of retail health clinics (RHCs) to address the consequences of primary care physician shortages in the United States, among other deficiencies in the provision of health care
Stretching the Twenty-First Amendment Beyond Its Limit: A Critique of S. Wine & Spirits of Am., Inc. v. Div. of Alcohol & Tobacco Control
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Employing One\u27s "Talents": The Power of Innovative Bond Transactions to Finance Catholic Nonprofits
Get PDFThis article discusses such new and innovative methods of bond financing that utilize unique security devices and repayment techniques in order to provide financing to nonprofit entities that otherwise would not have had access to capital on favorable terms. In Part I, this article will discuss how Catholic conduit mortgage bonds compare to more common municipal bonds, the specific terms of Conduit Mortgage Bonds, and offer a case study intended to demonstrate the mechanics of these bonds. Part II will discuss the comparative advantages of the Endowment Funding Program, explain the role of bond financing in the Program, and provide another case study. Part III will explain how the LIFT Bond Program is being used to facilitate structured giving—again with a focus on the role of bond financing as part of the Program—and analyze its role as one component in the larger Endowment Funding Program. Finally, Part IV will discuss the newest developments in the realm of Catholic conduit mortgage bonds
