Wednesday, March 19, 2008
From the Public Health Law Program, Office of the Chief of Public
Health Practice, CDC
http://www2a.cdc.gov/phlp/
_______________________________________________________________
*** 2007 State Public Health Legislation.
The Healthy States Initiative has released a report detailing
2007 state legislative activity pertinent to public health. The
comprehensive report is available at
http://www.healthystates.csg.org/.
*** International Health Regulations Workshop Recommendations.
The March 2008 Bulletin of the World Health Organization includes
a report entitled "Strategies for Implementing the New International
Health Regulations in Federal Countries." The report is available
at
http://www.who.int/bulletin/volumes/86/3/07-042838.pdf.
*** Public Health Workforce Report.
The Association of State and Territorial Health Officials (ASTHO)
has released "2007 State Public Health Workforce Survey Results,"
reporting on the shrinking number of staff working in public health
departments across the country. To read the report, see
http://www.astho.org/pubs/WorkforceReport.pdf.
*** Universal MRSA Screening Study.
An article in the March 12, 2008 issue of the Journal of
the American Medical Association reports that a universal screening
strategy for Methicillin-resistant Staphylococcus aureus
(MRSA) did not reduce nosocomial MRSA infection in a surgical department
with endemic MRSA prevalence but relatively low rates of MRSA infection.
The study, entitled "Universal Screening for Methicillin-Resistant
Staphylococcus aureus at Hospital Admission and Nosocomial
Infection in Surgical Patients," is available at
http://jama.ama-assn.org/cgi/content/abstract/299/10/1149 (subscription
required).
*** Another Universal MRSA Screening Study.
A study published in the March 18, 2008, edition of the Annals
of Internal Medicine concluded that: "The introduction of universal
admission surveillance for MRSA was associated with a large reduction
in MRSA disease during admission and 30 days after discharge." To
access the study, entitled "Universal Surveillance for Methicillin-Resistant
Staphylococcus aureus in 3 Affiliated Hospitals," see
http://www.annals.org/cgi/content/abstract/148/6/409 (subscription
required).
*** Annual Global TB Report. The World
Health Organization has released "Global Tuberculosis Control 2008:
Surveillance, Planning, Financing." The report is available at
http://www.who.int/tb/publications/global_report/2008/download_centre/en/index.html.
*** Automobile Safety Research Update.
The American Automobile Association Foundation for Traffic Safety
(AAA Foundation) has released "Traffic Safety Culture in the United
States: Research Update." The document contains the results from
the first of many surveys to follow, based on recommendations from
AAA Foundation's 2007 report, "Traffic Safety Culture in the United
States: the Journey Forward." Both the 2007 report and the research
update can be accessed at
http://www.aaafoundation.org/pdf/SafetyCultureUpdate-HowManyFatalities.pdf.
*** Emergency Preparedness Research Funding.
A committee at the Institute of Medicine identified four priority
areas for public health preparedness research in response to the
Pandemic and All Hazards Preparedness Act. The priorities will be
used by CDC's Coordinating Office for Terrorism Preparedness and
Emergency Response to help develop a research agenda that will inform
funding opportunity announcements. The priority report is available
at
http://www.iom.edu/CMS/3740/48812/50685.aspx.
*** Climate Change and Island Disaster
Preparedness Hearing (03/19). The United States Senate Committee
on Commerce, Science and Transportation held a full committee hearing
in Honolulu, Hawaii, today to address climate change issues, such
as disaster preparedness, faced by Pacific island communities. For
more information, see
http://commerce.senate.gov/public/index.cfm?FuseAction=Hearings.Hearing&Hearing_ID=1946
Top Story
1. Allocation of ventilators
in a public health disaster
States and Localities
2. California: S.F. to
make homeless shelters more homey
3. Connecticut: Attorney
General says state can ban smoking in Indian casinos
4. Louisiana: Hurricane
victims expected to sue FEMA
5. Texas: Access to health
records bolstered for employers
National
6. Addressing gaps in health
care sector legal preparedness for public health emergencies
7. EPA tightens pollution
standards
8. Need a doctor in the
air? Fly with one
International
9. Belgium: In Belgium,
refusing polio vaccine for children can mean parents serve jail
time
Briefly Noted
Alaska fluoride vote ·
California festival food regs · Lead jewelry law · Nutrition info
rules · Colorado air ambulance suit · Maryland city trans fat ban·
Massachusetts lead jewelry ban · Minnesota emergency manager training
bill · Montana asbestos settlement · North Carolina gray water ·
Oklahoma chicken waste suit · Rhode Island lead paint appeal · South
Dakota HIV bill · 911 rules · Tennessee track smoking ban · Washington
school food bill · National soot regulations · Canada tobacco suit
· Nigeria tobacco suit
Quotation of the Week
Robert George, Tyson Foods
Inc. attorney
This Week's Feature
Law Behind the News.
This week, we present a piece of legislation recently presented
to Washington Gov. Christine Gregoire, concerning fresh foods in
schools. See below for details.
_____________________________1_____________________________
"Allocation of ventilators in a public health
disaster"
Disaster Medicine and Public Health Preparedness
(03/08) Tia Powell and others
http://www.dmphp.org/cgi/content/short/2/1/20 (subscription
required)
This article summarizes the development and
content of first-in-the-nation guidelines developed by the New York
State Workgroup on Ventilator Allocation in an Influenza Pandemic.
The Workgroup was organized in 2006 and comprises experts in medicine,
policymaking, law, and ethics. Using an ethical framework developed
specifically to address the issue of how to equitably distribute
ventilators during an influenza pandemic, the Workgroup drafted
an "ethically and clinically sound set of guidelines." The draft
guidelines were opened for public comment and presented publicly
across the state. Subcommittees focusing on critical care and legal
issues were created to assess the public comments. According to
the authors, the Workgroup "began with the central concept that
ethics cannot be set aside during a public health disaster." The
framework incorporates the following elements: duty to care; duty
to steward resources; duty to plan; distributive justice; and transparency.
The guidelines were created to "permit patient extubation [removal
of a ventilator] but aim to limit the times that clinicians face
this most ethically and emotionally challenging aspect of the ventilator
rationing system." Clinical protocols will be altered during a public
health emergency, and the Workgroup's guidelines include an "ethically
acceptable" protocol that address the following concerns: pre-triage
requirements; patient categories; acute versus chronic care facilities;
clinical evaluation, including exclusion criteria; triage decision
makers; palliative care; review of triage decisions; and communication.
The Workgroup suggests this process "could serve as a template for
the development of other policies regarding the allocation of scarce
resources in public health emergencies."
[Editor's note: To read the "Allocation of
Ventilators in an Influenza Pandemic: Planning Document," visit
http://www.health.state.ny.us/diseases/communicable/influenza/pandemic/ventilators/.]
_____________________________2_____________________________
"S.F. to make homeless shelters more homey"
San Francisco Chronicle
(03/11/08) Wyatt Buchanan
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/03/11/BAILVHBC9.DTL
Legislation to create uniform standards for
homeless shelters is expected to be enacted soon by San Francisco's
board of supervisors and mayor. "I think we will definitely see
a healthier and more positive environment for people who have to
use the shelters," said City Supervisor Tom Ammiano, who introduced
the legislation after years of complaints about the shelters' sanitary
conditions. Under the pending law, shelters must provide soap, toilet
paper, clean drinking water, and bath towels to people who stay
there, as well as telephone access and a secure place to store belongings
and medicine. Staff at the shelters would be required to undergo
training on how to interact positively with people who have mental
illness or abuse drugs and alcohol, and how to interact with gay,
lesbian, bisexual or transgender populations and people with disabilities.
"This makes it very clear to anyone contracting with the city that
these are the rules and these are the standards," said Dariush Kayhan,
the Mayor's homeless-policy director. "Our goal right now is to
decrease street homelessness," Kayhan said, adding that the legislation
is intended to change the idea among the homeless that shelters
are a refuge of last resort. The city has also agreed to cover the
additional expenses, which total about $135,000 per year and a one-time
expenditure of $108,000 for laundry machines. The Board of Supervisors
is expected to approve the legislation this week.
_____________________________3_____________________________
"Attorney General says state can ban smoking
in Indian casinos"
Associated Press
(03/14/08) Stephen Singer
http://www.newsday.com/news/local/wire/connecticut/ny-bc-ct--smoke-freecasinos0313mar13
,0,7465457.story
Connecticut Attorney General Richard Blumenthal
has issued a formal legal opinion stating that the state's smoking
ban can be extended to casinos run by Indian tribes. The Connecticut
legislature banned smoking in state bars and restaurants in 2003,
but the ban did not extend to casinos owned separately by the Mohegan
Tribe and Mashantucket Tribe or to private clubs. According to Blumenthal's
opinion, the compact between the state and tribes that allows the
casinos to operate requires health and safety conditions in the
casinos to be no less rigorous than state standards. Tribal sovereignty,
Blumenthal said, "would almost be beside the point" because casinos
are used by the public and the smoking ban is a public health protection
that applies to all public buildings and facilities across the state.
Although Blumenthal indicated that prohibiting smoking in casinos
could withstand court challenge, he urged lawmakers to work with
the tribes. Both tribes also stated that they prefer a cooperative
effort over unilateral state action and resulting litigation. "We
do think it's best to avoid court proceedings and we will continue
to communicate with the state on a government-to-government basis,"
said Arthur Henick, spokesman for the Mashantucket tribe, which
has invested millions of dollars in an air filtration system and
provides numerous nonsmoking areas in casinos and hotel rooms. The
Connecticut Supreme Court upheld the state's smoking ban last year,
even though restaurant and bar owners claimed it was unconstitutional
because it did not extend to casinos. Blumenthal issued his opinion
at the request of lawmakers seeking a casino smoking ban.
[Editor's note: To read Attorney General
Blumenthal's opinion, see
http://www.ct.gov/ag/cwp/view.asp?A=1770&Q=411768.]
_____________________________4_____________________________
"Hurricane victims expected to sue FEMA"
Clarion Ledger (03/17/08)
Ana Radelat
http://www.clarionledger.com/apps/pbcs.dll/article?AID=/20080317/NEWS/803170346/1002
Lawyers for survivors of Hurricanes Katrina
and Rita suing travel trailer manufacturers over dangerously high
levels of formaldehyde are ready to add the U.S. Federal Emergency
Management Agency (FEMA) as defendants in the case. FEMA supplied
about 120,000 travel trailers to Gulf Coast residents who lost their
homes as a result of the 2005 hurricanes. Since that time, plaintiffs
have complained of illnesses they claim are caused by high levels
of formaldehyde in the quickly-made trailers. Testing by CDC confirmed
high formaldehyde levels, but tests conducted last summer found
even higher levels than those found by CDC, according to Tony Buzbee,
a Houston attorney representing about 5,100 claimants. "People should
go to jail for what has happened here," said Buzbee who had about
750 of the trailers tested himself. There are no federal regulations
governing formaldehyde in travel trailers. (However, federal regulations
limit gas emissions from particle board and plywood used in mobile
homes, which also were provided by FEMA.) Thousands of suits were
originally filed, but at least seven law firms have recently consolidated
their cases against manufacturers. FEMA was not named in the original
suits because the Federal Tort Claims Act required plaintiffs to
wait six months before filing to allow the agency to decide whether
it preferred an administrative remedy.
_____________________________5_____________________________
"Access to health records bolstered for employers"
Houston Chronicle
(03/15/08) L.M. Sixel
http://www.chron.com/disp/story.mpl/front/5623062.html
Texas recently became the first state in
the nation to mandate that insurance providers give employees' health
records to their employers. Starting January 1, 2008, employers
in Texas became entitled to receive a list of employees (identified
by number or some other code) whose health bills surpassed $15,000
during the previous year. Insurers who fail to comply with information
requests could be charged with fines of up to $25,000. Before the
new state law was passed, the federal Health Insurance Portability
and Accountability Act enabled Texas employers to request their
employees' medical information, but many insurance carriers would
not comply with requests. Jesse Gelsomini, an employment lawyer
representing corporate employers, said access to the health records
will enable his clients to shop for better health plan rates. Now,
the diagnoses, dates of service, treatment plans, prognoses, and
future costs of treatment must be accessible to employers, and employees
have no way of knowing or objecting if their employer has requested
their records. The law could cost companies more in the long run
because employees may delay or forego treatment if they think it
could hurt their standing at work, said Kim Ross, former chief lobbyist
of the Texas Medical Association. But the Texas law does provide
some protection from discrimination by requiring employers to pledge
that they will not use the information for anything except health
plan administration. Also, employers are still prohibited from obtaining
health information protected by other federal laws, such as HIV
status, genetic test results or mental illness.
[Editor's note: To read Texas HB 2015, "An
act relating to the reporting of claim information under certain
group health plans; providing administrative penalties," see
http://www.tpbaa.com/associations/2018/files/HB%202015%20Final%20
Enrolled%20Signed%2015%20June%202007.pdf.]
_____________________________6_____________________________
"Addressing gaps in health care sector legal
preparedness for public health emergencies"
Disaster Medicine and Public Health Preparedness
(03/08) Montrece Ransom and others
http://www.dmphp.org/cgi/content/abstract/2/1/50 (subscription
required)
This article explains the pivotal role that
health lawyers play in preparing "hospitals, health systems, and
other health provider components" for public health emergencies.
The authors describe several legal issues faced by health care providers
in such emergencies, noting that most providers' emergency plans
and policies currently "reflect marginal recognition" of such issues.
For example, health lawyers should be familiar with laws under which
emergency declarations "enable the health care sector to more effectively
provide care...by temporary modification or waiver of specific requirements
of certain laws applicable to the health care sector." The authors
cite a waiver under the State Children's Health Insurance Program
(SCHIP) granted in the immediate aftermath of Hurricane Katrina
by the Secretary of the Department of Health and Human Services.
The waiver guaranteed providers reimbursement for furnishing services
to eligible recipients even if the providers were unable to comply
with all the applicable provisions. Legal preparedness issue areas
highlighted by the authors include: requirements for providers to
detect public health threats, the procedures and consequences of
emergency declarations, patient protection and management, emergency
health care staffing, health care facility management, and volunteer
health professionals. Laws applicable during emergencies, such as
the Emergency Medical Treatment and Active Labor Act, the Health
Insurance Portability and Accountability Act, and the Stafford Act,
in addition to jurisdiction-specific laws, illustrate the need for
health lawyers "to take part in state and community preparedness
task forces and in drafting state and community response plans,"
according to the authors.
[Editor's note: For more on emergency legal
preparedness issues and to access the "National Action Agenda for
Public Health Legal Preparedness," see
http://www2.cdc.gov/phlp/PHActionAgenda.asp.]
_____________________________7_____________________________
"EPA tightens pollution standards"
Washington Post (03/13/08)
Juliet Eilperin
http://www.washingtonpost.com/wp-dyn/content/article/2008/03/12/AR2008031202362_pf.html
Last week, the Environmental Protection Agency
(EPA) promulgated new rules to protect public health, limiting ozone-producing
pollutants emitted from vehicles, power plants, and manufacturing
facilities. The ground-level ozone standard restricts the allowable
amount of nitrous oxide and other chemical compounds, which EPA
and other scientists have shown to impact rates of heart and respiratory
disease and resulting premature deaths. "We can't kid ourselves
that this is as health protective as we would like, but this is
a step in the right direction," said Rogene Henderson, chair of
EPA's Clean Air Scientific Advisory Committee. The advisory committee
had unanimously recommended the new standard be set no higher than
70 parts per billion (ppb) and that a standard as low as 60 ppb
be considered. Instead, EPA Administrator Stephen Johnson reduced
the standard from 80 ppb to 75 ppb, adding that he would push Congress
to amend the Clean Air Act to allow regulators to consider the cost
and feasibility of controlling pollution when making decisions about
air quality. In 2001, the U.S. Supreme Court held that the government
must base the ozone standard strictly on protecting public health
-- without factoring in associated costs. EPA estimates that the
new standard of 75 ppb will prevent 1,300 to 3,500 premature deaths
each year and that a 65 ppb standard would stop 3,000 to 9,200 deaths
annually. EPA also calculates that polluting industries will have
to spend $7.6 to $8.8 billion a year to comply with 75 ppb, but
that the new standard will yield $2 to $19 billion in health benefits.
[Editor's note: The final rule establishing
the new National Ambient Air Quality Standard for ground-level ozone,
codified as 40 C.F.R. § 50 (2008) and 40 C.F.R. § 58 (2008), is
available at
http://www.epa.gov/air/ozonepollution/pdfs/2008_03_finalrule.pdf.
For more information about the standard, see
http://www.epa.gov/air/ozonepollution/actions.html.]
_____________________________8_____________________________
"Need a doctor in the air? Fly with one"
New York Times (03/16/08) Michelle Higgins
http://www.nytimes.com/2008/03/16/travel/16pracmedflight.html
An inquiry into the recent death of a woman aboard a commercial
U.S. airplane has prompted airlines and passengers to review how medical emergencies
are handled at 30,000 feet. MedAire, a company that provides mid-air advice to the
cabin crews of 74 commercial airlines, received 17,084 in-flight calls last year;
649 planes were diverted for medical reasons; and 97 people died on-board. "We fly
more than a quarter-million people a day on average, which would easily fit a medium-size
city. Just about anything that can happen on the ground can and will happen on an
aircraft," said American Airlines spokesman Tim Smith. Federal Aviation Administration
(FAA) rules require planes to carry a first-aid kit, a defibrillator, and an emergency
medical kit with a stethoscope, needles, epinephrine, and intravenous gear. FAA
also requires flight crews to be trained in basic CPR (cardio-pulmonary resuscitation)
and be drilled every 24 months on defibrillator use. But crew members "should not
be expected to administer medications or to start IVs," said a 2006 FAA advisory.
Further, flight attendants are not supposed to use the stethoscope and syringes
or administer any medication without the direction of a medical professional. They
then must rely on medically trained volunteers from among the passengers. The FAA
does not require airlines to contract with companies that provide medical direction
to flight crews, but most U.S. airlines do. Pilots ultimately make the decision
whether to divert the plane to a nearby airport or fly to the planned destination.
[Editor's note: To learn more about flight crew medical response
procedures from FAA, visit
http://www.airweb.faa.gov/Regulatory_and_Guidance_Library/rgAdvisoryCircular.nsf/1ab39b4ed563b
08985256a35006d56af/147412219da9f52686256a6b00711335/$FILE/ac120-44a.pdf.]
_____________________________9_____________________________
"In Belgium, refusing polio vaccine for children can mean
parents serve jail time"
Associated Press (03/12/08) Maria Cheng
http://www.hometownannapolis.com/cgi-bin/read/2008/03_12-44/OUD
Two sets of parents in Belgium were recently sentenced to
five months in prison for failing to vaccinate their children against polio. Each
was also fined $8,000. The polio vaccine is the only vaccination required by Belgian
law, unlike the United States, where immunizations against many other diseases are
required. And unlike the United States, where many state laws allow children to
opt out if their parents have religious or philosophical objections, Belgium allows
exemptions only if parents prove their child might have a bad reaction to the vaccine.
Reaction from some ethicists and public health experts backs the hard-line stance.
"At the end of the day, the law must be respected," said Dr. Victor Lusayu, head
of Belgium's international vaccine center. John Harris, a professor of bioethics
at the University of Manchester, had a similar view: "Nobody has the right to unfettered
liberty, and people do not have a right to endanger their kids. The parents in this
case do not have any rights they can appeal to. They have obligations they are not
fulfilling." Polio is highly infectious, and despite a 99 percent drop in cases
since a World Health Organization (WHO) eradication effort began in 1988, the virus
is still endemic in Afghanistan, India, Nigeria, and Pakistan. "It is up to individual
countries to decide their own policies, but we do not feel that imprisonment would
help," said Dr. David Heymann, WHO's top polio official.
_____________________BRIEFLY NOTED______________________
Alaska: Despite strong opposition, city leaders continue
45-year-old practice
"City Council votes to keep fluoride"
Fairbanks Daily News-Miner (03/11/08) Christopher
Eshleman
http://newsminer.com/news/2008/mar/11/city-council-votes-keep-fluoride/
California: Booths at local festivals required to have costly
sinks, screened enclosures
"Draining resources"
Fresno Bee (03/11/08) Eddie Jimenez
http://www.fresnobee.com/263/story/454857.html
California: Toxic Substances Control Dept. began enforcing
new law March 1
"New state law gets the lead out of piercing jewelry"
Bay Area News Group (03/14/08) Doug Oakley
http://www.mercurynews.com/lifestyle/ci_8569668
California: New rules require info on calories, fat, carbs,
sodium; labels to appear in 6 months
"S.F. supes require posting of nutrition info"
San Francisco Chronicle (03/12/08) Erin Allday
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/03/12/BAIBVHVQH.DTL&type=health
Colorado: Company says federal law pre-empts state's authority
"Air ambulance lawsuit challenges regulations"
Pueblo Chieftain (03/15/08) Matt Hildner
http://www.chieftain.com/metro/1205560800/16
Maryland: Bill targets restaurants selling prepared items
"City Council panel OKs ban on trans fat"
Baltimore Sun (03/05/08) John Fritze
http://www.baltimoresun.com/news/local/baltimore_city/bal-fat0305,0,2059442.story
Massachusetts: Ban on lead jewelry goes into effect in June
"State health council bans trinkets containing lead"
Boston Globe (03/13/08) Stephen Smith
http://www.boston.com/news/local/massachusetts/articles/2008/03/13/state_health_council_bans
_trinkets_containing_lead/
Minnesota: In response to bridge collapse, bill would standardize
training requirements
"House passes bill demanding training for emergency managers"
Associated Press (03/11/08)
http://www.wkbt.com/Global/story.asp?S=7993352
Montana: Company agrees to $250M for remediation of city's
schools, homes, businesses
"Grace to pay for asbestos cleanup"
Wall Street Journal (03/13/08) Ana Campoy
http://online.wsj.com/article/SB120532120398130095.html (subscription required)
North Carolina: Officials reverse course on reuse of bath
water
"State says use of ‘gray water' OK"
News and Observer (03/12/08) Mandy Locke and Anne
Blythe
http://www.newsobserver.com/weather/drought/story/996151.html
Oklahoma: In closing arguments, state accused of lacking
evidence of illness
"Watershed polluted with chicken waste bacteria"
Associated Press (03/13/08) Justin Juozapavicius
http://www.nwaonline.com/articles/2008/03/12/news/031308okpoultry.txt
Rhode Island: Supreme Court scheduled to hear oral arguments
on May 15
"State expected to file response to lead paint companies' appeal"
Associated Press (03/16/08)
http://www.boston.com/news/local/rhode_island/articles/2008/03/16/state_expected_to_file_
response_to_lead_paint_companies_appeal/
South Dakota: Those found guilty of infecting partners with
HIV must register as sex offenders
"Governor signs HIV bill"
Associated Press (03/13/08)
http://www.rapidcityjournal.com/articles/2008/03/13/news/top/doc47d9431e9823d676396066.txt
South Dakota: New law requires all dispatch center equipment
to display phone number, location
"New law seeks to upgrade 911 system"
Associated Press (03/17/08) Chet Brokaw
http://www.siouxcityjournal.com/articles/2008/03/17/news/south_dakota/796801c6ebc828538625740
f000894c0.txt
Tennessee: As NASCAR goes mainstream, tobacco-state traditions
die hard
"Bristol smoking ban irks some"
Washington Post (03/16/08) Liz Clarke
http://www.washingtonpost.com/wp-dyn/content/article/2008/03/15/AR2008031502455_pf.html
Washington: Bill relaxes food-purchasing regulations to allow
for fresh produce, meats
"Legislature OKs bill to put state-grown food in schools"
Seattle Post-Intelligencer (03/11/08) Brian Slodysk
http://seattlepi.nwsource.com/local/354632_legislature12.html
National: Regulations call for up to 90% soot reduction by
2030
"New EPA rules target diesel train and ship emissions"
Los Angeles Times (03/15/08) Janet Wilson
http://www.latimes.com/news/local/la-me-ships15mar15,1,7503275.story
Canada: Province enacts Tobacco Damages and Health Care Cost
Recover Act, sues companies
"Tobacco lawsuit could reach $1B"
Canadaeast News Service (03/14/08) Stephen Llewellyn
http://timestranscript.canadaeast.com/rss/article/240312
Nigeria: Tobacco giant faces summons in Switzerland
"Nigerian court says Philip Morris refused court summons"
Associated Press (03/17/08) Bashir Adigun
http://hosted.ap.org/dynamic/stories/N/NIGERIA_TOBACCO_LAWSUIT_VAOL-?SITE=VANOV&
SECTION=STATE&TEMPLATE=DEFAULT
__________PHL NEWS QUOTATION OF THE
WEEK___________
"Before you can have a tip of an iceberg, you must have an
iceberg."
-- Robert George, Tyson Foods Inc. attorney, on evidence
provided by the state of Oklahoma in a lawsuit against 13 poultry companies. The
state is seeking injunctions to stop the companies from disposing bird waste into
the Illinois River watershed. Poultry company lawyers say the state cannot prove
the negative health effects of chicken waste. The state contends that years of illegal
dumping is polluting Oklahoma's watershed. [See Briefly Noted item, above.]
__________________LAW BEHIND THE NEWS___________________
Last week, the Washington legislature approved a bill designed
to address nutrition in schools, and sent the measure to Gov. Christine Gregoire.
Specifically, the legislature
intends that the local farms-healthy
kids act strengthen the connections between the state's agricultural industry and
the state's food procurement procedures in order to expand local agricultural markets,
improve the nutrition of children and other at-risk consumers, and have a positive
impact on the environment.
If signed by the Governor, the legislation will create a
farm-to-school program in the Department of Agriculture and authorize the Department
to identify and develop policies to implement the program, as well as make educational
supplements available to schools, and collect data on the program. The law also
creates the Washington Grown Fresh Fruit and Vegetable Grants Program in the office
of the Superintendent of Public Instruction.
To read the text of SB 6483, the Local Farms-Healthy Kids
Act, visit
http://www2a.cdc.gov/PHLP/DOCS/6483-S2.PL.pdf.
___________________________________________________________
The CDC Public Health Law News is published each Wednesday
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The News is published by the Public Health Law Program,
Office of the Chief of Public Health Practice, Centers for Disease Control and Prevention
(CDC), U.S. Department of Health and Human Services (DHHS). Rachel Weiss, J.D.,
Editor; Christopher Seely, J.D., Associate Editor; Karen L. McKie, J.D., M.L.S.,
Editorial Advisor.
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