Food, Agriculture, Animal Law

This section includes literature on food security and trade in wildlife.

‘Adapting Agricultural and Primary Production Operations during COVID-19’ (2020) 277 Farm Law 10–13
Abstract: Sets out UK Government guidance on working safely in the agricultural sector during the COVID-19 pandemic and Food Standards Agency guidance, which focuses on the hygiene processes and requirements that must be followed to safely operate food or feed businesses.

Akram-Lodhi, AHaroon, ‘COVID-19 and the World Food System’ [2020] (85) Journal of Australian Political Economy 11–16
Extract: COVID-19 may not have emerged in industrial agriculture; but the market imperatives of industrial agriculture were imposed on small-scale farms, who responded by producing commodities with which industrial agriculture could not compete: non-traditional farmed animals for niche markets. The central issue at the source of the COVID-19 pandemic is not some people’s taste for seemingly strange or exotic food, which in any event is culturally constructed, but rather the market imperatives of the world food system. Clearly, the COVID-19 pandemic demonstrates that there is a critical need in contemporary agriculture to manage the interactions between animal and human. However, these interactions are central to the production process of the world food system, which is itself a principal cause of the crisis. Industrial agriculture and the survival strategies of marginalised small-scale petty commodity-producing farmers lay the groundwork from which new, virulent pathogens can emerge. Clearly, the terms and conditions by which the world food system operates serves to deepen threats to global health. In other words, there is a co-morbidity between COVID-19 and the world food system.

Ballard, Bonnie M, ‘COVID and CAFOs: How a Federal Livestock Welfare Statute May Prevent the Next Pandemic’ (2021) 100(1) North Carolina Law Review 281–308
Abstract: As the COVID-19 pandemic continues to threaten lives across most of the globe, experts and the public at large are looking ahead for ways to prevent another deadly disease outbreak from wreaking further havoc on the world. While much of the criticism regarding the risk of disease outbreaks has been reserved for Chinese wet markets, many do not realize that the United States’ own intensive farming practices are also a pandemic risk. The majority of American meat is raised on factory farms, which house livestock in tightly packed and unsanitary conditions. These conditions cripple animal immune systems, which increases the risk that the farmed animals will contract diseases that can spread to humans. Despite this risk, living conditions on factory farms in the United States are entirely unregulated by the federal government. This Comment argues that the United States must enact comprehensive livestock welfare legislation to prevent the next pandemic from emerging in our own backyard. This Comment also explains how factory farm conditions exacerbate the likelihood of emerging disease outbreaks and illustrates the failures of the current legal framework in the United States in preventing new outbreaks. Despite the failed attempts and current barriers to passing livestock welfare legislation, this Comment proposes a federal livestock welfare statute based on foreign law and Ohio’s innovative Livestock Care Standards Board.

Berger Richardson, Sarah, ‘Worked to the Bone: COVID-19, the Agrifood Labour Force, and the Need for More Compassionate Post-Pandemic Food Systems’ in Colleen M Flood et al (eds), Vulnerable: The Law, Policy and Ethics of COVID-19 (University of Ottawa Press, 2020) 501
Abstract: The coronavirus pandemic has rendered visible the previously invisible labour that gets our food from farm to fork for minimal pay and at great personal risk to workers’ health. From grocery clerks working on the front lines without protective equipment, to truckers denied entry to restrooms, to temporary foreign workers forced to sign liability release waivers, to disease transmission at meat processing facilities, the virus is revealing the frailties and the inequities of our food system. Although the coronavirus pandemic is unprecedented, the ways the global food supply chain has responded to the crisis were, in fact, predictable. For years, scientists and food policy experts have been warning that our food system is broken, and that policies geared towards efficiency and cheap food are exploitative of the agri-food labour force, the animals we raise and slaughter for food, and the ecosystems we inhabit. This chapter focuses on the impact of COVID-19 on labour, with particular emphasis on the meat processing industry. It also seeks to illustrate the interconnectedness of all actors across the supply chain and the need for greater compassion as we rebuild postpandemic food systems.

Bevilacqua, Dario, ‘Food Safety, Coronavirus and Risk Prevention: Future Perspectives in Four Proposals’ (2022) 13(1) European Journal of Risk Regulation 56–77
Abstract: COVID-19 is a zoonosis, a disease transmitted by an animal to humans. The diffusion of the outbreak is therefore born of an unsuitable, insufficient, excessively permissive food safety system. Hence, the regulation of food safety plays a central role in the protection of health and has done so on a global scale. The overall regulation of food safety therefore requires an increase in the level of health protection, even at the expense of commercial prerogatives. For these purposes, four reform measures are suggested: to transform the Codex Alimentarius Commission into an organisation that adopts international standards with the sole purpose of protecting health; to apply the precautionary principle on a global scale and in international organisations; to strengthen the mandatory labelling tool; and to create a worldwide system of controls.

Bian, Yongmin and Boyang Wang, ‘Wildlife Conservation v. Utilization: Considerations and Trends for China’s Regulatory Position in the Age of Covid’ (2020) 1(1) Opinio Juris in Comparatione 163–195
Abstract: Wildlife Conservation and Utilization has been the main theme of China’s first Wild Animal Conservation Law of 1988 and its amendments. From the early 1950s to the late 1980s, only rare and precious animals enjoyed protection to a certain degree, and the rest of the animals were subject to utilizations or various ‘rational utilizations.’ The 1988 Wild Animal Conservation Law mercifully extended protection to beneficial, economically important or scientifically valuable terrestrial wildlife. The protection of wildlife was defined as a priority over utilization only in the amendment of 2016, 13 years later after the 2003 SARs which was caused by a virus passed to human beings from a species of wild animal. China adopted very efficiently a ban on hunting and eating all terrestrial wild animals after the outbreak of Covid-19. The wild animals finally won the debate between conservation and utilization. This is not only a welcomed improvement for conservation of wild animals in China, but also a great contribution to the conservation of wild animals globally since the trade in wild animals is under strict enforcement now.

Borzée, Amaël et al, ‘COVID-19 Highlights the Need for More Effective Wildlife Trade Legislation’ (2020) 35(12) Trends in Ecology & Evolution 1052–1055
Abstract: Zoonosis-based epidemics are inevitable unless we revisit our relationship with the natural world, protect habitats and regulate wildlife trade, including live animals and non-sustenance products. To prevent future zoonoses, governments must establish effective legislation addressing wildlife trade, protection of habitats and reduction of the wildlife-livestock-human interface.

Bradbury, James and Greg Ibach, ‘Texas A&M Law Review Fall 2020 Symposium: Containing Covid Catastrophes: Addressing the Effects of Covid-19 on the Agricultural Industry’ (2021) 8(4) Texas A&M Law Review 661–675

Buchanan, Kelly, ‘Regulation of Wild Animal Wet Markets in Selected Jurisdictions’ (Law Library of Congress, Legal Report, LL File No 2020–019215, August 2020)
Summary: Of particular concern in the context of the novel coronavirus and other zoonoses (diseases that can spread from animals to humans) has been the sale of ‘wild’ or ‘exotic’ animals, either alive or the meat of such animals (sometimes called ‘bushmeat’ or ‘game meat’), at wet markets or other types of traditional markets in different countries. This report examines aspects of the regulation of such trade, including wildlife protection laws, hunting laws, food safety laws, and market management and sanitation laws. It covers 28 jurisdictions around the world, including countries in Asia, Africa, the Middle East, South and Central America, and Europe.

‘Business and Planning Act 2020’ (2020) 277 Farm Law 1–4
Abstract: Outlines the effect of the Business and Planning Act 2020, including provisions which may have relevance for farmers who serve food in farm shops with seated tables and similar arrangements.

Chen, Ying, ‘Protecting the Right to Food in the Era of COVID-19 and Beyond’ (2021) 49(1) Georgia Journal of International & Comparative Law 1–43
Abstract: The right to adequate food is realized when every man, woman, and child, alone or in community with others, have physical and economic access at all times to adequate food or means for its procurement. The United Nations (UN) Committee on Economic, Social and Cultural Rights General Comment No. 12.

‘China Bans Wildlife Trade’ (2020) 367(6481) Science 960–960
Abstract: The article offers information on the enforcement of laws governing trade in wild animals, which is believed to be linked to the COVID-19 outbreak as reported by China’s Xinhua News Agency.

Chuma-Okoro, Helen and Ifeoma Ann Oluwasemilore, ‘Intellectual Property Rights, Agricultural Biotechnology and Food Sufficiency: Strengthening the Nigerian Intellectual Property Legal Framework for Food Self-Sufficiency in the Aftermath of a Global Pandemic’ (2022) 36(1) International Review of Law, Computers & Technology 48–67
Abstract: This article focuses on the imperatives of self-sufficiency in food production in Nigeria from the experience of the COVID 19 pandemic, and examines the role of intellectual property rights (IPRS) in boosting productive capacity. While the different types of IPR protection standards remain relevant to the overall goal of food self-sufficiency in respect of the different activities and outputs along the food value chain, the main emphasis of the article is on patent and plant varieties protection (PVP) in connection with agricultural biotechnology. The article is library-based and explains the meaning and import of food self-sufficiency, the factors responsible for the weak capacity for food self-sufficiency in Nigeria in particular, and other African countries vis-à-vis potentially enabling factors. It also examines the strength and weaknesses of the current IP laws in Nigeria, and how Nigeria could repurpose or improve her laws to achieve the objective of food self-sufficiency. The article found that IPRs are relevant in boosting greater efficiency and productivity of Nigerian agriculture to strengthen food self-sufficiency, but the current IPR framework are not designed to circumvent the perils and leverage the benefits of IPRs that would help unlock the potential of the sector for food self-sufficiency.

‘Coronavirus: Advice to Land Managers and Landowners’ (2020) 275 Farm Law 6–8
Abstract: Reproduces UK government coronavirus guidance for land managers and landowners on managing access to land in the countryside, and refers to separate guidance on working safely outdoors.

Ezirigwe, Jane et al, ‘“COVID-19/Food Insecurity Syndemic”: Navigating the Realities of Food Security Imperatives of Sustainable Development Goals in Africa’ (2021) 14(1) Law & Development Review 129–162
Abstract: The current coronavirus disease 2019 (COVID-19) pandemic is impacting on food systems and has exposed the poor state of food security and lack of food system infrastructures. Consequently, sub-Saharan Africa countries face the compounded risk of COVID-19 and hunger. The syndemic will pose serious challenges for achieving food security imperatives of the Sustainable Development Goals (SDGs) by 2030. This article discusses the dynamics of food security imperatives brought about by COVID-19 pandemic. It examines the mitigating efforts of sub-Saharan African governments in addressing COVID-19 and how this effort impacts the attainment of SDGs One, Two, Three and 12. It finds that while the pandemic provides an opportunity for governments to strengthen their commitments, it raises questions on the ambitious global efforts to deliver SDGs by 2030. It recommends that African governments need to maximize intra-African trade with investments in agricultural biotechnological infrastructure in order to close the gap between the targets and the realities, in the efforts towards achieving the SDGs.

De Sadeleer, Nicolas and Jacques Godfroid, ‘The Story behind COVID-19: Animal Diseases at the Crossroads of Wildlife, Livestock and Human Health’ (2020) 11(2) European Journal of Risk Regulation Special Issue-‘Taming COVID-19 by Regulation’ 210-227
Abstract: A number of virological, epidemiological and ethnographic arguments suggest that COVID-19 has a zoonotic origin. The pangolin, a species threatened with extinction due to poaching for both culinary purposes and traditional Chinese pharmacopoeia, is now suspected of being the ‘missing link’ in the transmission to humans of a virus that probably originated in a species of bat. Our predation of wild fauna and the reduction in their habitats have thus ended up creating new interfaces that favour the transmission of pathogens (mainly viruses) to humans. Domesticated animals and wild fauna thus constitute a reservoir for almost 80% of emerging human diseases (SARS-CoV, MERS-CoV, Ebola). These diseases are all zoonotic in origin. As if out of a Chinese fairy tale, the bat and the pangolin have taught us a lesson: within an increasingly interdependent world, environmental crises will become ever more intertwined with health crises. Questions relating to public health will no longer be confined to the secrecy of the physician’s consulting room or the sanitised environment of the hospital. They are now being played out in the arena of international trade, ports and airports and distribution networks. Simply put, all human activity creates new interfaces that facilitate the transmission of pathogens from an animal reservoir to humans. This pluri-disciplinary article highlights that environmental changes, such as the reduction in habitats for wild fauna and the intemperate trade in fauna, are the biggest causes of the emergence of new diseases. Against this background, it reviews the different measures taken to control, eradicate and prevent the emergence of animal diseases in a globalised world.

Estrada, Ruiz and Mario Arturo, ‘The Role of National Food Security in a Massive Pandemic: The Case of COVID-19’ (2021) 22(1) International Journal of Business and Society 119–130
Abstract: This paper proposes the national pandemics contingency plan for any country based on the application of the minimum food, water & medication storage for a massive pandemic quota (ψ-Quota). Consequently, the main objective of the ψ-Quota is to calculate the approximate amount of food, water, and medicines storage amount annually in case of a possible massive pandemic crisis. Finally, this paper is divided into three sections: (i) the minimum food, water, and medicine quota storage calculation in case of a massive pandemic; (ii) the food,water, and medicine storage quota for a massive pandemic; (iii) the geographical distribution and mapping of the emergency aid supplier’s modules in case of a massive pandemic for any country. Finally, the ψ-Quota was applied on the case of Malaysia.

Gilbert-Wood, Chris et al, ‘Determining the Capabilities of Food Businesses to Produce Safe and Legal Food in a Pandemic’ (2021) Food Science and Technology (forthcoming)
Abstract: The COVID-19 pandemic has brought into sharp focus the role of third party certification in determining how business capability is assessed. Public health controls implemented to prevent the spread of SARS-CoV-2 abruptly halted physical audits and regulatory inspection verification mechanisms. This left many brand owners and manufacturers being faced with a ‘no-visitor’ policy from their suppliers. Concerns were expressed about the capability of food businesses to produce safe and legal food in a pandemic with its consequential disruption to supply chains, staffing, service provisions and the consequences of reduced surveillance and verification on food standards and food safety. As a result, the food industry had to reassess the processes used to ensure the production of safe and authentic food; and to reconsider whether alternate approaches to assuring food safety and legal compliance of food products could be used. This article takes a look at the historical development of the third party audit and the role it plays in Food Safety and Quality Management Systems. It serves as a reminder of the principles that underpin a competent food business and highlights some options for monitoring and verification of a food business in the absence of 3rd party audits. Whilst these measures were introduced as a short term solution, it is likely that some elements will continue.

Goeringer, Paul and Julie Walker, ‘Crops, Livestock, and COVID-19, Oh My: An Overview of Potential Covid-19 Liability in Agricultural Operations’ (2021) 8(4) Texas A&M Law Review 677–684
Abstract: The year 2020 presented a new potential risk of which many business owners, including agricultural operators, were unaware: a global pandemic related to the SARS-CoV-2 virus, also known as COVID-19. Starting in March 2020, the United States worked to contain this virus, while businesses sought to protect their workers (who had to continue working to work) as well as their customers. At the same time, a number of businesses had concerns about how to limit liability from customers arguing later that the business had spread the virus. This Article explores the potential liability agricultural operations face and ways to manage the risks associated with COVID-19. Part II looks at what the virus is. Part III explores potential liability, and Part IV details potential methods to manage and limit that liability. Part V concludes.

Heled, Yaniv, Ana Santos Rutschman and Liza Vertinsky, ‘Regulatory Reactivity: FDA and the Response to COVID-19Food and Drug Law Journal (forthcoming 2021)
Abstract: Public health-oriented agencies play a critical role to play in pandemic preparedness and response. Yet, the current pandemic has exposed significant shortcomings in these agencies’ preparedness and response efforts. Using FDA’s response to COVID-19 as a case study, this article introduces the concept of ‘regulatory reactivity’ to describe and analyze regulatory agency response to external pressures that rely on the adoption of tailored-to-the-moment measures. The article delineates the conceptual and practical differences between the application of standard agency procedures and agency response under what we term ‘reactive modes,’ which often result in the setting-aside of agency procedures, expertise and priorities to the detriment of public health standards. We further explain how these ex post, narrowly construed modifications to the regulatory modus operandi contrast with goals of pandemic preparedness, which require ex ante, forward-looking regulatory interventions.While we utilize COVID-19 as a lens through which to examine reactive regulatory responses to public health crises, the article anchors its analysis in broader trends displayed by the FDA in previous large-scale crises, as well as within the regulatory apparatus as a whole. We conclude with some suggestions for how the FDA might avoid slipping into reactivity mode in response to future pandemics.

Holland, Kerri, ‘Canada’s Food Security During the COVID-19 Pandemic’ (University of Calgary School of Public Policy Research Paper No 13:13, 9 June 2020)
Abstract: The COVID-19 pandemic has drawn public attention to Canada’s food security. Access to a safe, stable and high-quality food supply is often taken for granted by many citizens, but providing it is one of the key roles that our agricultural industry serves and underlines why it is designated an essential service.Despite the federal government’s assurance that our nation’s food supply remains stable, concerns have been mounting from both consumers and the agricultural industry that disruptions in the food supply chain will cause food insecurity and severe economic distress. As a whole, Canada’s agri-food industry is well-positioned to adapt to the present crisis and continue supplying domestic and export markets. However, this does not mean that our food system is impermeable to disruption. In fact, challenges caused by COVID-19 have highlighted vulnerabilities in the food supply chain. Labour shortages, major shifts in consumer demand, and the slowdowns/closures at processing plants have already exacerbated food insecurity among Canadians and increased financial pressure on primary producers. As the foundation of the food supply chain, Canadian farmers are key to its stability. As many farms were experiencing severe economic hardship prior to the pandemic, the challenges of market uncertainty and increased production costs put these operations at greater financial risk. Policy action will be key to ensure the short and long-term viability of our primary industry and maintain the capacity to meet domestic and export market demands. Canada is still in the early stages of crisis management but government support of Canadian agriculture has so far been largely inadequate in alleviating the financial impact on farmers. The Canadian government should take additional steps to alleviate the financial burden on primary producers, ensure export markets remain open and free from trade barriers, and commit to establishing a long-term agri-food strategy and action plan.

Hurn, Samantha et al, ‘A Preliminary Assessment of the Impacts of C-19 on Animal Welfare and Human-Animal Interactions in the UK and Beyond’ (SSRN Scholarly Paper No ID 3608580, 27 May 2020)
Abstract: One leading theory as to the origins of the current 2019 novel coronavirus (SARS-CoV-2/COVID-19, henceforth C-19) suggests emergence from a seafood and exotic animal ‘wet market’ in Wuhan, China and through the trade, slaughter and consumption of bats or even pangolin. Attributing the origin of this latest pandemic only to the illicit and unsanitary conditions of wet markets would miss the bigger picture. This pandemic, and other zoonotic outbreaks, invite us to carefully question the ways we think about, interact with and consume other animals more generally. This paper has drawn from recent publicly available news and online data sources to conduct a qualitative, cross disciplinary thematic analysis of the diverse impacts of C-19 to date on animal welfare and human-animal interactions in the UK but with global relevance. The diverse examples reviewed highlight areas where welfare might be compromised and allow for recommendations for mitigating such circumstances in the future.

Juan, San and David Michael, ‘Reviewing Rice Tariffication in the Time of COVID-19: Rationale and Road to Rice Self-Sufficiency in the Philippines’ (SSRN Scholarly Paper No ID 3582210, 19 April 2020)
Abstract: This paper presents a literature-informed and data-driven critique of the Rice Tariffication policy in the Philippines, in the time of the COVID-19 pandemic that has already disrupted rice supplies and hiked rice prices globally. Gaps in the surveyed literature are complemented by discussing the rationale of rice self-sufficiency in an increasingly volatile, uncertain, complex & ambiguous (VUCA) world, and outlining a roadmap to rice self-sufficiency bolstered by practical policy recommendations to bring the law closer to the Philippine State’s declared policy, which is ‘…to ensure food security and to make the country’s agricultural sector viable, efficient and globally competitive.’

Kiragu, Alex and Patricia Ahawo Gwambo, ‘Proposed Solutions for Sub-Saharan Africa for Food and Agriculture in the Context of COVID-19’ (Afronomicslaw COVID-19 Symposium on International Economic Law in the Global South (May 2020), Symposium II: Intellectual Property, Technology and Agriculture)
Introduction: The world is facing unprecedented times and with the wake of COVID19. In addition to the already strained economies struggling to stay afloat, the fact that food is made largely available through human contact and the fact that social distancing and stringent measures on food handling has resulted in food supply declines and unmet demand because of food limited availability. A look at the global south with a focus on Sub- Saharan Africa (SSA) right now brings to light the fact that most governments are struggling with the decision to call for total lockdown in part because of the impact on making food available for its lowest-income earners or lower-income settlement dwellers who are often the most vulnerable. Agriculture also suffers a double fate with many countries having their agriculture adversely impacted by the latest locust movement across Sub-Saharan Africa (SSA). In addition, the changing weather patterns and in effect lower agriculture performance than expected means that COVID19 will compound these challenges. Some of the challenges that are being faced can be addressed by a review of policies to alleviate food problems in SSA. We also then need to strengthen policy by ensuring greater implementation and support through new laws.

Kjær, Gundula, ‘Denmark: Food Inspections During the Covid-19 Crisis’ (2020) 15(3) European Food & Feed Law Review 260–261
Abstract: The article discusses food inspections during the Covid-19 crisis. Topics include during the Covid-19 crisis, the Danish Veterinary and Food Administration (DVFA) has continued its inspection tasks of food business operators, though at a very low scale; the DVFA inspections have been carried out either at the food business operators’ premises, as usual, or virtually, via video calls; and DVFA will start by giving guidance on the new requirements instead of sanctioning potential non-compliance.

Lanphier, Elizabeth and Shannon Fyfe, ‘Pediatric Off-Label Use of Covid-19 Vaccines: Ethical and Legal Considerations’ [2021] Hastings Center Report (advance article, published 8 November 2021)
Abstract: When the U.S. Food and Drug Administration fully approved the Pfizer-BioNTech Covid-19 vaccine for people sixteen and older, questions arose. Parents, pediatricians, and the media wondered whether Covid-19 vaccines could be used off-label—and whether they should be. The American Academy of Pediatrics cautioned against pediatric off-label use of the vaccine, and the vaccine provider agreement from the Centers for Disease Control and Prevention appears to prohibit it. After briefly contextualizing ethical and legal precedents regarding off-label use, we offer an analysis of the ethical permissibility of and considerations for pediatric off-label Covid-19 vaccination based on individual benefits, risks, and available alternatives. Our analysis challenges the ethics of a blanket prohibition on off-label pediatric Covid-19 vaccination, as it limits clinician ability to provide care they may determine to be clinically and ethically appropriate. At the same time, our analysis acknowledges that Covid-19 creates population-level ethical considerations that are at times in tension with individual health interests.

Lee, Angela and Adam Houston, ‘Diets, Diseases, and Discourse: Lessons from COVID-19 for Trade in Wildlife, Public Health, and Food Systems Reform’ (2020) 5(1) Food Ethics Article 17
Abstract: The COVID-19 pandemic has brought to light significant failures and fragilities in our food, health, and market systems. Concomitantly, it has emphasized the urgent need for a critical re-evaluation of many of the policies and practices that have created the conditions in which viral pathogens can spread. However, there are many factors that are complicating this process; among others, the uncertain, rapidly evolving, and often poorly reported science surrounding the virus’ origins has contributed to a politically charged and often rancorous public debate, which is concerning insofar as the proliferation of divisive discourse may hinder efforts to address complex and collective concerns in a mutually cooperative manner. In developing ethical and effective responses to the disproportionate risks associated with certain food production and consumption practices, we argue that the focus should be on mitigating such risks wherever they arise, instead of seeking to ascribe blame to specific countries or cultures. To this end, this article is an effort to inject some nuance into contemporary conversations about COVID-19 and its broader implications, particularly when it comes to trade in wildlife, public health, and food systems reform. If COVID-19 is to represent a turning point towards building a more equitable, sustainable, and resilient world for both humans and nonhuman animals alike, the kind of fractioning that is currently being exacerbated by the use of loaded terms such as ‘wet market’ must be eschewed in favour of a greater recognition of our fundamental interconnectedness.

Malnar, Vlatka Butorac, Mihaela Braut Filipović and Antonija Zubović, ‘Rethinking Unfair Trading Practices in Agriculture and Food Supply Chain: The Croatian Perspective’ (2021) 5 EU and Comparative Law Issues and Challenges Series (ECLIC): Special Issue - Competition Law (In Pandemic Times): Challenges and Reforms 2–28
Abstract: In recent years, the need for a systematic and harmonised way of preventing unfair trading practices (hereinafter UTPs) in the food supply chain has intensified at the European level due to many diverging national legislative solutions. These efforts resulted in the Directive 2019/633 on unfair trading practices (UTPs) in business-to-business relationships in the agricultural and food supply chain. Croatian UTPs Act, enacted already in 2017, was just amended to conform with the requirements of the named Directive. Generally speaking, the UTPs Act sets out rules and measures to prevent the imposition of UTPs in the food supply chain, establishes the list of such practices and sets up the enforcement structure and sanctions. Comparing the Directive to the UTPs Act, the authors discuss the outcome of the transposition pointing to the incorrect scope of application of the national legislation, its potential consequences and de lege ferenda solutions. Further, the authors anlyse the legal nature of the adopted UTPs system concluding that it does not fit into the traditional systematisation of laws jeopardising the coherency of the intricate and complex relationship between relating legislative frameworks. New rules are diverging and overlapping with both competition and contract law, leading to possible undesirable spill over effects in contract law, and unresolved concurring competence with competition law. Authors suggest precautionary interpretative measures as a means of solving the identified legal conundrum.

Nian Yang et al, ‘Permanently Ban Wildlife Consumption’ (2020) 367(6485) Science 1434–1435
Abstract: The article discusses the role of China’s wildlife market in the spread of the coronavirus disease and mentions the wildlife protection law which should be revised by the Chinese legislature.

Peters, Anne, ‘COVID-19 Shows the Need for a Global Animal Law’ (2020) 11(4) dA Derecho Animal : Forum of Animal Law Studies 86–97
Abstract: The pandemic COVID-19 ─ which is a zoonosis ─ illustrates how problems of global nature and proportions stem from human use and abuse of animals and therefore underlines the necessity of a global law approach. The social, ecological, and economic consequences of animal exploitation, notably (but not limited to) agriculture, range from human poverty to transnational organised wildlife crime, to global warming, and of course to animal suffering. Not the least, the danger of the outsourcing of animal-processing industries and research facilities to animal cruelty havens and the threat of a regulatory chill on the national level suggest that the regulatory response to animal issues needs to be global. The Office International des Epizooties (OIE) could be transformed into the institutional hub for such an approach. The contribution also addresses and refutes the challenge of cultural and legal imperialism that is mounted against such a global law approach. It suggests to develop further the One Health paradigm for containing the pandemic and for combatting future zoonoses. The paper concludes that a critical global animal law approach will be helpful for overcoming the COVID-crisis and is generally warranted for transforming human─animal interaction.

Petetin, Ludivine, ‘The COVID-19 Crisis: An Opportunity to Integrate Food Democracy into Post-Pandemic Food Systems’ (2020) 11(2) European Journal of Risk Regulation Special Issue -‘Taming COVID-19 by Regulation’ 326-336
Abstract: The world economy is sliding yet into another recession (having arguably barely recovered from the previous economic downturn) due to the worldwide pressures and tensions created by the COVID-19 pandemic. 1 With most countries in the world under lockdown (or in similar situations), almost all food is now consumed in the household. Arguably, agricultural producers and the retail industry appear to be the best placed to weather the storm in order to respond to such a change in demand. However, this is overly simplistic. Recent news of empty shelves in supermarkets whilst dairy farmers have been forced to pour milk down the drain have gone viral.

Ploeg, Jan Douwe van der, ‘From Biomedical to Politico-Economic Crisis: The Food System in Times of COVID-19’ (2020) 47(5) The Journal of Peasant Studies 944–972
Abstract: The Covid-19 disease is quickly developing into a deep, global and enduring politico-economic crisis that involves a rapid disarticulation of the production, processing, distribution and consumption of food. The badly balanced world market and the high degree of financialization of both primary agricultural production and food chains are decisive factors in this. The crisis highlights that the real economy is far too dependent on the financial economy. Financial capital operates as a paralyzing force. In this situation food sovereignty, peasant agriculture, territorial markets and agroecology emerge as indispensable ingredients for a recovery.

Raifman, Julia, Jacob Bor and Atheendar Venkataramani, ‘Unemployment Insurance and Food Insecurity among People Who Lost Employment in the Wake of COVID-19’ (2020) medRxiv (pre-print)
Introduction: The impacts of Coronavirus Disease 2019 (COVID-19) extend well beyond morbidity and mortality. In the United States, COVID-19-related business closures and reductions in economic activity have led to a sharp rise in unemployment rates, from 3.5% in February 2020 to 14.7% in April 2020. As of June 2020, the unemployment rate stands at 11.1%. Job losses over this period have been concentrated among people living in low-income households, and resulting drops in income have made many individuals and families vulnerable to food insecurity. Food insecurity is defined by the U.S. Department of Agriculture as ‘household-level economic and social condition of limited or uncertain access to adequate food.’ Food insecurity is associated with worse general health and well-being, physical hunger pangs and fatigue, psychological depression, anxiety, suicidal ideation, and interpersonal stress and challenges, as well as chronic disease, and worse developmental outcomes for children. Initial evidence suggests that food insecurity has more than doubled among all households and tripled among households with children during the COVID-19 pandemic relative to February 2020.

Reich, Arie, ‘Globalization, the Corona Pandemic and the Need for Joint Action against Illicit Trade in Wildlife’ (2020) 65 Justice: The Legal Magazine of the International Association of Jewish Lawyers and Jurists (forthcoming)
Abstract: This article discusses the negative impact that the Corona pandemic has had on global cooperation and on public sentiments towards globalization. It shows that globalization is not only a victim of the pandemic, but is also blamed to be responsible for it. The article, however, argues that globalization, in the sense of global cooperation and joint action to strengthen international law, is also the solution to the problem. The effort to find a vaccine against COVID-19 can only be successful through global cooperation. Moreover, the article notes that the origin of both this virus and the 2002-2004 SARS virus is from wild-animals, and that around 75% of new or emerging infectious diseases that have affected humans over the past three decades originate in animals. Hence, joint action, through the strengthening of the international conventions against illicit trade in wildlife (in particular the Convention on International Trade in Endangered Species of Wild Fauna and Flora –CITES) and protection of biodiversity is urgently needed. The article argues that the aftermath of a mega-crisis, such as the Corona pandemic, is a golden opportunity for a major reform of this field of law in order to reduce significantly the trade in wild animals, in particular endangered species, and preserve their natural habitat. If, in the past, these objectives were seen as conflicting with economic interests, with the latter quite clearly having taken the upper hand, we can now see that preserving wildlife and its habitat is also very much in the economic interest of the world.

Rijal, Padma, ‘Impact of COVID-19 on the Right to Food of South Asian People and the Role of Regional Organization Like SAARC for Regional Food Security’ (2021) 1(1) University of Asia Pacific (UAP) Law Review 58–70
Abstract: The COVID-19 pandemic, a global health emergency threatening the right to health of people has multifaceted impacts on other human rights as well. This unprecedented event has crippled our food system thereby affecting the right to food of South Asian people. Supply chain disruptions, loss of income, degrading nutrition, unaffordable food prices, unemployment, missed school meals, etc. have a long-term impact on regional food security. All the four pillars of food security namely availability, access, utilisation, and stability have been weakened. Amid this situation, South Asian Association for Regional Cooperation (SAARC) has been organising virtual meetings with a willingness to stand together in solidarity and also to create the emergency fund. This article advocates the need for regional cooperation for resilience and sustainable recovery by making use of mechanisms like SAARC Food Bank, Seed Bank, Agriculture Center to ensure the right to food of South Asian people and address the existing challenges.

Robert, Amanda, ‘Could International Animal Rights Laws Prevent the next Pandemic? Rajesh Reddy Has a Plan’ (2021) 107(3) ABA Journal 1
Abstract: In March 2020, Rajesh Reddy helped organize an ABA webinar featuring David Favre, a law professor in Michigan who has long advocated for an international treaty that ensures the welfare and protection of animals.

Safitri, Myrna Asnawati and Firman Firman, ‘Animal Welfare and Covid-19 in Indonesia: A Neglected Legal Issue’ (2021) 7(1) Hasanuddin Law Review 1-11
Abstract: The Covid-19 pandemic currently infecting the world population comes from the Coronavirus (SARS-CoV-2) transmitted initially from animals to humans, then between humans. This disease is referred to as zoonosis. Covid-19 discourse is generally about zoonotic transmission from animals to humans. Not much attention has been given to the potential transmission from humans to animals. In several countries, cases indicating the exposures of animals with the Coronavirus have been found. Thus, a discussion on the vulnerability of exposure to animals with the Coronavirus is significant to scientifically discussed. Unfortunately, concerns about this problem are still voiced by the mass media. Limited studies have been found, especially in Legal Science. In Indonesia, the Covid-19 incidence has hit more than 200 thousand people, one of the highest in Southeast Asia. Nevertheless, animal protection policy is not part of the national program of Covid-19 Control. Indonesia has several laws and regulations concerning animal welfare and zoonosis control. This article presents our study's findings investigating how the animal welfare law is applicable to protect the animals from Covid-19. Using the method of normative legal analysis, we found several weaknesses in the legal norms. We also observed how the ethics of anthro-pocentrism and ecocentrism compete in animal welfare laws.

Swinburne, Mathew, ‘Using SNAP to Address Food Insecurity During the COVID-19 Pandemic’ in Scott Burris et al (eds), Assessing Legal Responses to COVID-19 (Public Health Law Watch, 2020) 211–216
Abstract: The United States Department of Agriculture’s most recent food insecurity data indicated that 37.2 million Americans were food insecure, meaning they did not have access to enough food to lead happy and healthy lives. Food insecurity is linked to a plethora of health issues including diabetes, hypertension, hyperlipidemia, asthma, poor mental health, birth defects, and impaired cognitive development in children. Like many public health challenges, there are severe racial disparities. White Americans experience food insecurity at a rate of 8.1%, while Black Americans and Latinx Americans experience it at rates of 21.2% and 16.2%, respectively. The COVID-19 pandemic has devastated the US economy with over 44 million Americans filing for unemployment by mid-June 2020. This economic devastation is expected to force an additional 17.1 million Americans into food insecurity. Federal and state governments are adapting key food security programs and implementing new interventions to meet these challenges. This Chapter will examine how the Supplemental Nutrition Assistance Program (SNAP), the nation’s largest nutrition program, is being leveraged during the pandemic. While key adaptations are being made to increase the effectiveness of these programs, additional measures are needed to protect vulnerable Americans during the pandemic. This Chapter’s recommendations include, but are not limited to: increasing the maximum SNAP allotment; withdrawing or repealing regulations that limit access to SNAP; repealing the national ban that prohibits individuals with drug felonies from accessing SNAP; making online SNAP utilization available in all states; and providing for the delivery of online SNAP orders with no additional cost to the beneficiary.

Toffolutti, Veronica, David Stuckler and Martin McKee, ‘Is the COVID-19 Pandemic Turning into a European Food Crisis?’ (2020) 30(4) European Journal of Public Health 626–627
Extract from Introduction: COVID-19 and the lockdown have placed the global economy under tremendous strain but are also increasing the threat of longer term food insecurity. Notwithstanding problems of cross-national data comparability, it is clear that food insecurity is already widespread in many high-income countries....There are two interlinked threats to food security. The first is food shortage, triggering price rises, and the second is an inequitable distribution of the food that is available. :

Wesseler, Justus and Kai Purnhagen, ‘Is the Covid-19 Pandemic a Game Changer in GMO Regulation?’ (2020) 19(3) EuroChoices 49–52
Abstract: New developments in biology have stimulated a wide range of technological changes in the bioeconomy. They have proven potential to contribute to solving many of the global challenges currently faced during the Covid-19 pandemic. In this article we focus on two key challenges: the contribution of biotechnologies to the creation of a vaccine; and to addressing food shortages induced by the Covid-19 pandemic.

Whitfort, Amanda, ‘COVID-19 and Wildlife Farming in China: Legislating to Protect Wild Animal Health and Welfare in the Wake of a Global Pandemic’ (2021) Journal of Environmental Law Article eqaa030 (advance article, published 12 January 2021)
Abstract: Coronavirus disease 2019 (COVID-19) has exposed serious deficiencies in the current legal framework to protect wild animal health, and consequently human health. As noted by the World Organisation for Animal Health (OIE), animal health and welfare are inextricably linked. However, there is no international agreement to promote animal welfare and neither the Convention on International Trade in Endangered Species of Wild Fauna and Flora nor the Convention on Biological Diversity, adequately address the welfare of the species they seek to conserve. While the OIE provides guidance on animal health and welfare standards for common agricultural species, it has provided limited guidance for the farming of wild species. China’s wildlife farming industry has been linked with the spread of COVID-19 but, to date, China has introduced few national welfare controls to protect the health of wild animals bred for human consumption. In the wake of COVID-19, these omissions must be remedied to provide appropriate safeguards to ensure animal health and welfare and protect public health.

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