Category Archives: Published Articles

Jason Klinowski Published in Food Safety Magazine

The September 2012 edition of Food Safety Magazine’s eDigest includes a Food Safety Modernization Act (“FSMA”) Update Article that I co-authored along with John Shapiro.

Please see a link to the article below:

FSMA Legislative Update

This article discusses the Food and Drug Administration (FDA)’s second annual report on the roll out of the Food Safety Modernization Act (FSMA) and illustrated how the report did not mention the FDA’s failure to promulgate five important regulations during 2012.

Along this same line, we discussed the Center for Food Safety and the Center for Environmental Health’s August 29, 2012 civil action against certain governmental agencies and officers to enforce the FSMA and to compel the promulgation of certain key regulations.

Jason Klinowski Published in Food Safety Magazine

The August 2012 edition of Food Safety Magazine’s eDigest includes a Food Safety Modernization Act (“FSMA”) Update Article that I co-authored along with John Shapiro.

Please see a link to the article below:

FSMA Legislative Update

This article discusses the July 31, 2012, Food and Drug Administration (FDA) announcement of the per hour FDA inspector charges it will levy against food companies in the upcoming fiscal year under the Food Safety Modernization Act (FSMA).  Those rates are $221 per hour if no foreign travel is required and $289 per hour if foreign travel is required. The new rates will take effect October 1, 2012, and will be effective through September 30, 2013. FDA intends to reassess the rates for the fiscal year starting October 1, 2013.

Jason Klinowski Published in Food Safety Magazine

The May 2012 edition of Food Safety Magazine’s eDigest includes a 2012 Farm Bill Update Article that I co-authored along with John Shapiro. 

Please see a link to the article below:

Food Safety Magazine – eDigest

This article looks at the “2012 Farm Bill” and discusses the proposals heading to the Senate for consideration and debate.

Jason Klinowski Published in Food Safety Magazine

The April 2012 edition of Food Safety Magazine’s eDigest includes a Food Safety Modernization Act Update Article that I co-authored along with John Shapiro. 

Please see a link to the article below:

Food Safety Magazine – FSMA Legislative Update

This article looks at the “FSMA One-Year Progress Report” and discusses where we are with the implementation of this historic act.

Jason Klinowski Published in The Produce Professionals’ Quarterly Journal

The Blue Book Services recently published the April/May/June 2012 issue of its Blueprints – Produce Professionals’ Quarterly Journal publication and included a Food Safety Modernization Act Update that I authored.  Please see a link to the article below:

 FSMA: What Importers Need to Know

This article is VERY timely.  I hope you find it informative and useful.

 

 

Secured Lending in the Produce Industry: What Every Bank Should Know

Secured Lending for Agricultural Lenders

Secured Lending for Agricultural Lenders

One of the most misunderstood and hotly contested areas of litigation under the Perishable Agricultural Commodities Act (the PACA) involves balancing the rights of a secured lender against an unpaid PACA trust beneficiary.

To shed some light on this topic, I recently published a white paper that highlights critical information banks, as a matter of law, are deemed to know and to have “considered in connection with their lending practices.”

Here is a link to my white paper: Secured Lending in the Produce Industry

I hope you find it helpful!

Quoted Today in Chicago Lawyer for “Legal Complications Exist for Food Trucks to Find Success”

I was very happy to have been interviewed recently by Amanda Robert of the Chicago Lawyer for an article on the legal challenges associated with “food trucks” – a burgeoning method of on-the-street distribution in the downtown loop of Chicago, as well as in many other major cities.

Among my several comments, I noted that just because food trucks drive around the streets of Chicago, it does not make them immune from the requirements that would be imposed on a stationary restaurant:

“Food truck owners need to operate out of a home base that is registered and regularly inspected by county or state health departments,” I said.  “They need to give employees access to restrooms and to sinks so they can wash their hands.  They must also follow rules on what they can serve, how they refrigerate or warm food and how they keep trucks clean.”

I can clearly see that some of my restaurant clients might be upset by competition from food trucks.  But I think that the onus is plainly on the food trucks to “amp up” their offerings.  They are not going to be a substantial presence until they can offer both value and quality – certainly not in the midst of a Chicago winter!

You can find a copy of the article on the Freeborn & Peters website.  (Yes, we purchased reprint rights from Chicago Lawyer!)