Article
Samantha Capaldo and Kerry McClaughry
Antimicrobials—natural, synthetic, or semisynthetic substances used to eradicate or inhibit microbes, including antibacterial, antifungal, antiparasitic, and antiviral medications—have been administered to livestock and other food animals in the United States since the late 1940s. Their use is governed by a complex federal and state statutory and regulatory framework and has been widely criticized for contributing to antimicrobial-resistant bacterial infections in humans. In response, the U.S. Food and Drug Administration and several states, including Maryland, have restricted the use of medically important antimicrobials in food animals, including aquaculture species. Ambiguities in the resulting laws and regulations, however, have created confusion among retail stores that previously sold these products over the counter. This article examines the federal and Maryland laws governing antimicrobial use and distribution and identifies legislation from other states that the Maryland General Assembly could use as models to clarify whether and under what circumstances retail stores may continue selling antimicrobials for use in food animals.
Article
Antonia Moure Richard
Feeding a projected global population of 9.8 billion by 2050 while preserving soil—the nonrenewable resource on which agriculture depends—presents a fundamental governance challenge. Although technologies such as vertical farming and hydroponics may supplement food production, they cannot replace soil at scale, raising the question whether current soil uses are compatible with future food-system needs. This article argues that, absent a shift in governance, short-term productivity gains will continue to deplete soil resources, threatening long-term food security and essential ecosystem services. The analysis proceeds in two parts: Part II examines the scientific dimensions of the soil crisis, while Part III evaluates governance frameworks and their practical implications. As used here, a governance framework is a structured system of principles, processes, and institutions that coordinates policymaking and implementation across multiple actors and scales, rather than a discrete legal mechanism that enforces a particular rule. Such frameworks are necessary because soil is multifunctional: it supports food production while also providing carbon sequestration, water regulation, biodiversity habitat, and other ecosystem services. Effective soil governance must therefore balance competing priorities and coordinate regulatory, economic, and social measures across jurisdictional boundaries.
Article
Jonathan Coppess and Bobby J. Smith II
Despite wielding extraordinary influence over U.S. agricultural and food policy during his 53-year congressional career, Representative Jamie L. Whitten remains largely absent from agricultural history scholarship. Existing research focuses primarily on his long tenure as chair of the House appropriations subcommittee overseeing the U.S. Department of Agriculture, leaving his early congressional career—the “lost years” preceding his chairmanship—largely unexplored. This article begins to fill that gap by examining Whitten’s political development from his arrival in Congress in 1941 through his ascent to the subcommittee chairmanship in 1949. Recovering these formative years provides essential context for understanding Whitten’s later power and the development of postwar U.S. agri-food policy.
Article
Ally DePriest
The charitable food system depends on volunteers, donors, and nonprofit organizations to distribute no-cost food, yet unclear and inconsistent liability protections can deter participation and undermine efforts to address food insecurity and food waste. This Article examines gaps in state charitable immunity laws, the federal Volunteer Protection Act, and the Bill Emerson Good Samaritan Food Donation Act as they apply to food charities, food-service volunteers, and food donors. It proposes reforms to reduce liability concerns, encourage public participation, and strengthen the charitable food system.
Article
Ty Haralson
The GAO has identified persistent coordination failures between OSHA, which protects workers, and FSIS, which oversees meat and poultry safety, despite their overlapping responsibilities in processing plants. This Article examines deficiencies in the agencies’ current memorandum of understanding, legal uncertainty surrounding their respective authority, and emerging threats such as antimicrobial resistance. Because binding legislation is unlikely, it argues that OSHA and FSIS should revise their agreement to clarify responsibilities, formalize collaboration, and establish neutral mediation and arbitration procedures.
