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Category Archives: Water Quality

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Regulation Creep In The Nanny State:The Proposed Not-So-Safe-Harbor Enactment In Proposition 65 Advertising Regulations

Posted in Prop 65, Water Quality

David Gabor is a shareholder at Weintraub Tobin. He is a trial lawyer and represents production companies, infomercial companies, direct response companies and multi-level marketing organizations asto both operational and compliance matters. In particular, David is focused on advertising and compliance issues, including FTC counseling and litigation, class actions, and multi-agency governmental compliance involving the marketing… Continue Reading

Proposition 65 – Twenty-Seven Years Later And Still No Observable Effect

Posted in Agriculture Law, Food Safety, Prop 65, Water Law, Water Quality

Professor Michael L. Marlow of Cal Poly San Luis Obispo recently published a preview of his paper on cancer rates and Proposition 65 entitled, “Too Much (Questionable) Information?” See Wall Street Journal, page A13, January 21, 2014. Proposition 65 is the popular name for the California Safe Drinking Water and Toxic Enforcement Act of 1986,… Continue Reading

FDA Announces that it will Revise Produce Safety and Preventive Controls for Human Food in Response to Farmers’ Significant Comments

Posted in Agricultural Law, Agriculture Law, Food Safety, Food Safety Modernization Act, Water Quality

The comment period on the proposed FDA Food Safety Modernization Act (FSMA) rules on produce safety and preventive controls for human food, originally published in January 2013, was recently closed after being extended several times due to the volume of comments that they received. The rules consist of new far reaching controls imposed on producers including farmers… Continue Reading

Garland Court Holds that Discharge into ditch/swale that Drain to Waters of the United States Sufficient to Trigger Clean Water Violation

Posted in Environmental and Land Use, Water Law, Water Quality

Garland v. Central Valley Regional Water Control Board, (3rd Dist. 12 C.D.O.S. 12051 filed Oct. 24, 2012)  involves the question of whether the discharge of storm water with sediment from a residential construction site constitutes a violation under the federal Clean Water Act.  The main issue was whether the adjacent ephemeral drainages encompassing swales, ditches, and culverts… Continue Reading

Food Facility Registration Requirements Food Safety Modernization Act Will Be Ready on Monday 10/22

Posted in Agriculture Law, Food Safety, Water Quality

The U.S. Food and Drug Administration (FDA) today issued further information and guidance regarding registration requirements for domestic and foreign manufacturers, processors, packers or holders of food for human or animal consumption based on changes made by the FDA Food Safety Modernization Act (FSMA) to the Federal Food, Drug, and Cosmetic Act (FD&C Act).   The… Continue Reading