Kelly Damewood

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Kelly Damewood is licensed to practice law in Oregon and calls Portland her home. She is the 2013-14 Marler Clark Graduate Assistant at Food Safety News, and a LLM Candidate in Agriculture and Food Law at the University of Arkansas School of Law. Kelly received her J.D., magna cum laude, from Vermont Law School, and her B.A. in English from the University of Portland. She has had many diverse experiences working in food and agriculture such as running a small organic farm. She tweets about ag and food @KellyDamewood and runs West Coast Ag & Food Law Blog.

Latest Articles

Last week on Food Safety News, Dan Flynn wrote an article discussing Virginia’s plans to loosen its cottage food laws. Cottage food laws are basically laws that allow small-time producers to use appliances in their homes to bake, cook, can, pickle, dry or candy certain low-risk foods for sale. By contrast, state laws require all other food producers to process foods in licensed kitchens. According to Flynn’s article, some delegates in Virginia want to allow…
Food and farm advocates seem to agree that the U.S.  Food and Drug Administration (FDA) is somewhat limited in what it can do for small farmers and producers as it implements the Food Safety Modernization Act (FSMA). When Congress passed FSMA in 2011, it gave FDA a statutory mandate, as well as a degree of discretion, to create standards that take into account different size operations and different types of food sales. As a result,…
With the comment period finally closed on the Food Safety Modernization Act’s (FSMA) Produce Safety Rule, the U.S. Food and Drug Administration (FDA) is one step closer to implementing FSMA. FDA must now review the comments as it considers final changes to the proposed rule, which sets standards for the safe production and harvesting of raw agricultural commodities. A heavily debated topic among commenters has been FDA’s framework for implementing exemptions for small farms. When…
On Nov. 5, the U.S. Food and Drug Administration (FDA) hosted a two-hour webinar with American Indian tribes to discuss FDA’s proposed rules on the Food Safety Modernization Act (FSMA). During the webinar, FDA emphasized that it will work with tribes to implement FSMA regulations. However, tribes remain concerned and frustrated with FDA’s failure to consult with them before developing regulations that will have far-reaching impacts on their communities. “[The] webinars conducted by the FDA…
The proposed Food Safety Modernization Act (FSMA) regulations have sparked debates about the costs of compliance and other impacts on small- to medium-sized producers. But American Indian tribes face notably unique challenges under the new rules. Recently, the U.S. Food and Drug Administration (FDA) hosted a two-hour webinar to consult with tribes on FSMA. In the webinar, tribal representatives touched upon some key concerns. For instance, Colby Duren with the National Congress of American Indians…
The Colorado Department of Revenue’s Marijuana Enforcement Division (MED) is hosting five working groups to establish additional regulations for retail sales of medicinal and recreational marijuana. The Mandatory Testing and Random Sampling Working Group recently met to discuss potential testing requirements for pesticides, microbials, molds, filth, residual solvents, harmful chemicals, and potency. The term “potency” concerns the strength or effectiveness of marijuana and marijuana-infused products. For some, a potent product will be high in a…
The most well-documented impacts of agriculture runoff on human and ecological health are primarily related to nutrient pollution in water, where nitrogen and phosphorous from fertilizers cause oxygen-starved “dead zones” in water. Now, scientists and government agencies are also examining the impacts of agriculture runoff as a significant source of emerging contaminants, substances that may pose a health risk when they enter food or water systems. Emerging contaminants (ECs) — which include…
Colorado officials are working with farmers to address potential crop and soil contamination after severe flooding hit Northeastern Colorado last month. Their biggest challenge will likely be assessing flood-affected fields before replanting and analyzing affected water before fall irrigation. So far, state officials and others are confident that only safe products from the state will reach the market. “Flooding events can present a potentially hazardous public health risk,” states the industry guidance document created by…
Among other new regulations for medical and recreational marijuana sales, Colorado recently created labeling, packaging, and safety standards for marijuana-infused food. For the most part, regulators, food manufacturers, and cannabis testing labs all seem to agree that they’re a step in the right direction. “I think this set of rules is a good start and that further updates will be necessary to ensure cannabis infused products produced in Colorado are of the highest standard,” said…
Last Thursday, two months before comments close on the Food Safety Modernization Act (FSMA) Produce Safety and Preventive Controls for Human Food rules, the U.S. Food and Drug Administration issued notice of a webinar it will host in October to comply with an executive order mandating consultation with American Indian tribes. The FDA will host a two-hour webinar with tribal officials on Monday, Oct. 7, 2013, from 2:30-4:30 p.m. (EDT). The primary purpose of the…