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The CDC Public Health Law News
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The CDC Public Health Law News Archive
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.

 

 

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"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.]

 

 

 

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"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 except holidays, plus special issues when warranted. It is distributed only in electronic form and is free of charge.  News content is selected solely on the basis of newsworthiness and potential interest to readers. CDC and DHHS assume no responsibility for the factual accuracy of the items presented. The selection, omission, or content of items does not imply any endorsement or other position taken by CDC or DHHS. Opinions expressed by the original authors of items included in the News, or persons quoted therein, are strictly their own and are in no way meant to represent the opinion or views of CDC or DHHS. References to products, trade names, publications, news sources, and non-CDC Websites are provided solely for informational purposes and do not imply endorsement by CDC or DHHS. Legal cases are presented for educational purposes only, and are not meant to represent the current state of the law. The findings and conclusions in this document are those of the author(s) and do not necessarily represent the views of CDC. The News is in the public domain and may be freely forwarded and reproduced without permission. The original news sources and the CDC Public Health Law News should be cited as sources. Readers should contact the cited news sources for the full text of the articles.

 

For past issues or to subscribe to the weekly CDC Public Health Law News, visit http://www2a.cdc.gov/phlp/cphln.asp. For help with subscriptions or to make comments or suggestions, send an email to Rachel Weiss at rweiss@cdc.gov.

 

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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