Midterm Exam Flashcards
Which of the following best describes the Homestead Act?
A) A law passed in 1862 that encouraged US farmers to increase their food production to create a surplus to trade with Europe
B) A law passed in 1862 that allowed individuals to purchase 160 acres from the government for the purpose of farming
C) A law passed in 1862 that solidified Jefferson’s view of America as a country with an agrarian base
D) A law passed in 1862 that gave 160 acres to people who agreed to farm the land
D
T/F: The pandemic has limited impact on overall US agricultural exports.
True
T/F: The consolidation and industrialization of agriculture has had many impacts on rural America including depopulation and reduced economic activity in rural areas.
True
Which of the following best describes the Coronavirus Food Assistance Program (CFAP)
A) A series of programs designed to construct a decentralized food system that would be more resilient in the face of future pandemics
B) A program providing farmers and ranchers with payments to take acreage out of production to prevent further surpluses of food
C) An emergency measure from the USDA providing up to $16 billion to farmers and ranchers to cope with pandemic-related losses
D) A program to provide low-income families with vouchers to offset the increased cost of food products
C
T/F: The loss of jobs across the country during the COVID-19 impact had a devastating impact on farms, particularly those that rely on off-farm income.
True
T/F: Farm incomes are expected to fall by $21.9 billion in 2021 compared to the prior year.
True
Which of the following best defines the phrase “vertical integration” as used in agriculture?
A) The practice of raising multiple livestock or crop species in a single farming enterprise to better protect against market volatilities
B) The control of the stages of production of a single entity
C) A government program intended to streamline food production while providing farmers with better margins
D) A cooperative model among farmers designed to secure better prices for farm products
B
The Constitution provides the judicial branch (courts) with the power to ____ the law.
A) Enforce
B) Discontinue
C) Interpret
D) Create
C
Which of the following best defines the legal concept of judicial precedent?
A) A higher court can sometimes review a lower court’s decision and reverse the outcome. The US Supreme Court is the highest court in the land.
B) A doctrine derived from the Constitution stating that federal laws will preempt or take precedence over any state laws seeking to regulate the same conduct.
C) There are 2 separate court systems that can hear legal disputes: state courts and federal courts.
D) Courts have to follow the reasoning and decisions of courts with greater authority.
D
Which of the following best defines the legal concept of federalism?
A) There are 2 separate court systems that can hear legal disputes: state courts and federal courts.
B) The doctrine that authorizes Congress to regulate interstate commerce.
C) The doctrine that prevents one branch from having too much power or acting beyond the scope of its authority.
D) A doctrine derived from the Constitution stating that federal laws will preempt or take precedence over any state laws seeking to regulate the same conduct.
A
The Constitution provides the Executive Branch with the power to ____ the law.
A) Interpret
B) Modify
C) Revoke
D) Enforce
D
The Constitution provides Congress with the power to ____ the law.
A) Revoke
B) Enforce
C) Create
D) Interpret
C
The Constitution is designed to prevent any one branch of the Federal Government from becoming too powerful. What is this concept called?
A) Judicial Review
B) Federalism
C) Judicial Precedent
D) Checks and Balances / Separation of Powers
D
The current federal GMO labeling statute, enacted in 2016, imposes a ___________ labeling standard for foods containing genetically modified ingredients.
A) Mandatory
B) Intermittent
C) Voluntary
D) Partial
A
Which of the following best defines the legal doctrine of preemption?
A) The doctrine that prevents one branch from having too much power or acting beyond the scope of its authority.
B) There are 2 separate court systems that can hear legal disputes: state courts and federal courts.
C) A doctrine derived from the Constitution stating that federal laws will take precedence over any state laws seeking to regulate the same conduct.
D) The doctrine that authorizes Congress to regulate interstate commerce.
C
Administrative agencies derive their authority and jurisdiction from:
Congress
The FDA will consider a food to be misbranded if its labeling is false or misleading. When determining whether a product’s labeling is misleading, what two factors will the FDA consider?
Representations and omissions of material facts
Which of the following best describes the FDA’s approach to the use of the term “natural” in food labeling?
A) The FDA defines natural the same way that the USDA defines natural.
B) The FDA has issued no guidance or official rule on the use of the term natural in food labeling.
C) The FDA has officially defined natural as foods that do not contain synthetic substances and which have undergone only minimal processing.
D) The FDA has not defined the term natural, but does not object to its use if the food does not contain added color, artificial flavors, or synthetic substances.
D
T/F: AMS Grading standards are mandatory on USDA regulated food products.
False
Which of the following type of label claims are not required to receive pre-approval from the USDA?
A) Animal production claims, i.e. grass-fed
B) Breed Claims
C) Green Claims/Environmental Claims
D) Raised without Antibiotics
C
In response to the Jack in the Box outbreak, the USDA declared that ________________ is a per se adulterant in raw non-intact ground beef.
A) Salmonella
B) E. coli O157:H7
C) Listeria
D) Norovirus
B
Roughly ________ Americans get sick as the result of foodborne illness each year and roughly _________ Americans die each year as the result of foodborne illnesses.
A) 84 million; 13,000
B) 22 Million; 2,000
C) 48 million; 3,000
D) 100 million, 30,000
C
T/F: Food Product Dating is used to warn consumers about whether a particular food is safe to eat.
False
T/F: Food product dating is a mandatory labeling statement for all FDA-regulated products.
False
Which of the following best defines FSMA’s Foreign Supplier Verification program?
A) Requires food importers to verify that their foreign suppliers have adequate preventative controls in place to ensure that the imported food is as safe as food originating in the US.
B) Requires foreign food companies to receive a verification and authorization from the FDA before sending any food products to the US.
C) Requires the FDA to verify whether a food import shipment was refused by another foreign country.
D) Requires food importers to make physical inspections of foreign food facilities and to personally certify that the foreign food facility produces food as safely as domestic food producers.
D
T/F: FSMA requires food testing to be performed at an accredited laboratory.
True
Under FSMA’s Produce Safety Rule, a farm can obtain a Qualified Exemption from the rule’s requirements if it meets which of the following two factors:
Food sales averaging less than $500,000 per year during the previous three years and farm sales to qualified end-users exceeds sales to all others combined during the previous three years
Which of the following is not one of the five rules included in FSMA’s Produce Safety Rule?
A) Domesticated/Wild Animals
B) Biological Soil Amendments
C) Equipment, Tools, Buildings
D) Health and Hygiene
E) Waiver and Liability
F) Agricultural Water
E
Which of the following is not one of the four core themes of the Food Safety Modernization Act (FSMA)?
A) Import Safety B) Prevention C) Consumer Responsibility D) Enhanced Partnerships
C
T/F: Under FSMA, the FDA does not have authority to detain food imports.
False
FSMA’s Produce Safety Rule does not apply to farms that have an average annual value of produce sold during the previous three-year period of _________ or less.
$25,000
The FDA ______ the interstate sale of raw milk products.
prohibits
What are the 2 legal theories/frameworks, that states generally use to regulate the intrastate sale of raw milk products: (Hint: not the add-ons, just the basic frameworks.)
A) Pasteurized Milk Ordinance and Respondeat Superior B) FSMA and United Milk Producers of America Act of 1975 C) Retail sales and on-farm sales D) Negligence and HACCP
C
Administrative agencies derive their authority and jurisdiction from:
The legislative branch
According to the CDC between ____% of Americans regularly consume raw milk products.
1-3
Which of the following is not one of the agencies involved in administration of the Coordinated Framework?
A) EPA
B) USDA
C) FDCA
D) FDA
C
Define a Regulated Article.
Organisms and products that are known or suspected to be plant pests or to pose a plant pest risk, including those that have been altered or produced through genetic engineering
Under the Coordinated Framework, what is USDA-APHIS’ key statute and what is the agency’s primary mandate under the statute?
A) FIFRA; Must ensure that the pesticide will not pose unreasonable risks of harm to human health or the environment.
B) PPA; Must prevent the introduction or dissemination of plant pests in the Unites States
C) FIFRA; Must prevent the introduction or dissemination of plant pests in the Unites States
D) FDCA; Must ensure the safety and proper labeling of all plant-derived food and feed, including those developed through genetic engineering.
B
Which of the following is not one of the guiding principles that agencies must observe when interpreting and enforcing the Coordinated Framework?
A) Agencies must take into account public acceptance and social license when considering novel biotechnology products.
B) Agencies should define those transgenic organisms subject to review to the extent permitted by their respective statutory authorities.
C) Agencies are mandated to exercise oversight of GE organisms only when there is evidence of “unreasonable” risk.
D) Agencies are required to focus on the characteristics and risks of the biotechnology product, not the process by which it was created.
A
Which country has banned the cultivation and import of GMO crops?
Russia
Under the Coordinated Framework, what is the FDA’s key statute and what is the agency’s primary mandate under the statute?
A) FIFRA; Must ensure that the pesticide will not pose unreasonable risks of harm to human health or the environment. B) FDCA; Must ensure the safety and proper labeling of all plant-derived food and feed, including those developed through genetic engineering. C) PPA; Must prevent the introduction or dissemination of plant pests in the Unites States D) FIFRA; Must prevent the introduction or dissemination of plant pests in the Unites States
B
Which of the following best describes the Coordinated Framework for the Regulation of Biotechnology?
A) It reflects the White House's current policies regarding the regulation of biotechnology, including how each agency should apply its existing laws to regulate biotechnology products. B) None of the above. C) It describes a set of voluntary guidelines that federal agencies must consider when evaluating biotechnology products. D) It describes the Federal system for evaluating products developed using modern biotechnology.
D
Which of the following best explains the difference between a Plant-Incorporated Protectant (PIP) and Herbicide-Tolerant (HT) crops.
A) PIP crops contain new genes that allow the crop to withstand herbicides, whereas HT crops are plants that have had genes inserted causing the plants to produce a pesticide inside its own tissues.
B) PIP crops are plants that have had genes inserted causing the plants to produce a pesticide inside its own tissues, whereas HT crops contain new genes that allow the crop to withstand herbicides.
B
Which of the following is not one of the three principle assumptions incorporated in the Coordinated Framework?
A) The approval of products produced using biotechnology should be subject to rigorous agency examination.
B) A commercial product, regardless of its manner of production, should be regulated based on the product’s composition and intended use.
C) The creation of new laws to regulate the products of genetic engineering is unnecessary. Existing laws can address regulatory needs adequately.
D) The process of biotechnology itself poses no unique or special risks.
A
T/F: Since the RFS was enacted, Congress has kept up with the statutory mandated increases in the levels of renewable fuel sources that must be blended into our fuel system.
False
Under the Coordinated Framework, what is the EPA’s key statute and what is the agency’s primary mandate under the statute?
A) FIFRA; Must ensure that the pesticide will not pose unreasonable risks of harm to human health or the environment.
B) PPA; Must prevent the introduction or dissemination of plant pests in the Unites States
C) FIFRA; Must prevent the introduction or dissemination of plant pests in the Unites States
D) FDCA; Must ensure the safety and proper labeling of all plant-derived food and feed, including those developed through genetic engineering.
A
Which of the following is not one of the official reasons Monsanto gives to support its decision to sue farmers who save its seeds.
A) No business can survive without being paid for its product.
B) The loss of this revenue would hinder our ability to invest in research and development to create new products to help farmers. We currently invest over $2.6 million per day to develop and bring new products to market.
C) It would be unfair to the farmers that honor their agreements to let others get away with getting it for free. Farming, like any other business, is competitive and farmers need a level playing field.
D) Asserting intellectual property rights against farmers regardless of their scale and resources sends a clear message to other producers that seed licenses should be taken seriously and respected.
D
T/F: If a certified organic producer’s crop is subject to GMO drift contamination, he or she will lose his or her organic certification.
It depends
Which of the following best defines a nuisance according to general property law principles?
A) A tangible and direct interference with the right to use and enjoy one’s property.
B) A reasonable but unjustifiable use of property, which causes inconvenience or damage to others.
C) A subjective believe that a neighbors’ use of his or her property is an unreasonable and substantial interference with your health, well-being, and property usage.
D) The unreasonable, unwarranted and/or unlawful use of property, which causes inconvenience or damage to others.
D
The FDA regulates human food animals that have been genetically engineered as:
New Animal Drugs
How does US law allocate the burden of drift prevention between GMO cultivators and non-GMO cultivators?
Non-GMO cultivators bear the burden and costs of identifying and preventing GMO contamination.
T/F: The federal government recently adopted the Privacy & Security Principles for Farm Data agreement as the governing law regarding farm data.
False
Which of the following is not an example of reasonable steps that a non-GMO cultivator can take to protect against GMO drift.
A) Obtaining a preliminary injunction to prevent neighboring agricultural operations from engaging in activities that have a high probability of resulting in drift.
B) The use of buffer zones to separate organic from GE crops.
C) Timing planting to stagger flowering of organic and GE crops.
D) Posting signs to notify neighbors of the location of organic fields.
A
Which of the following is not one of the 6 fundamental property rights:
A) Right to Transfer
B) Right to Expand
C) Right to Use
D) Right to Enjoy
B
T/F: The Coordinated Framework was updated routinely after its adoption in 1986 to account for new developments in biotechnology.
False
What is the estimated percentage of food products sold in supermarkets does the USDA says contains genetically modified ingredients?
70%
What is the National Bioengineered Food Disclosure Standard?
Mandatory labeling of bioengineered food products
(GE, GMO, BE, etc)
What is a complaint?
The first document filed with the court to initiate a lawsuit
IDs the parties to the lawsuit and the claims against them
Lists the remedies that the plaintiff(s) is seeking (money, an injunction, a declaration from the court)
