Implementing the National Bioengineered Food Disclosure Standard

In July 2016, the National Bioengineered Food Disclosure Law was passed to establish a mandatory national system for disclosing the presence of genetically-engineered material in food (GMOs). The federal law preempts state and local initiatives to create labeling systems. This essay first analyzes the benefits and drawbacks of having a national GMO law rather than a patchwork of state laws. Then it provides commentary on how the USDA can create an effective and accessible labeling system, using scannable Quick Response (QR) codes.. The essay envisions a retail food system in which all consumers can easily and usefully obtain reliable information about GMO content and potentially other food characteristics

Using experiments and expert judgment to model catchability of Pacific rockfishes in trawl surveys, with application to bocaccio (Sebastes paucispinis) off British Columbia

The time series of abundance indices for many groundfish populations, as determined from trawl surveys, are often imprecise and short, causing stock assessment estimates of abundance to be imprecise. To improve precision, prior probability distributions (priors) have been developed for parameters in stock assessment models by using meta-analysis, expert judgment on catchability, and empirically based modeling. This article presents a synthetic approach for formulating priors for rockfish trawl survey catchability (qgross). A multivariate prior for qgross for different surveys is formulated by using 1) a correction factor for bias in estimating fish density between trawlable and untrawlable areas, 2) expert judgment on trawl net catchability, 3) observations from trawl survey experiments, and 4) data on the fraction of population biomass in each of the areas surveyed. The method is illustrated by using bocaccio (Sebastes paucipinis) in British Columbia. Results indicate that expert judgment can be updated markedly by observing the catch-rate ratio from different trawl gears in the same areas. The marginal priors for qgross are consistent with empirical estimates obtained by fitting a stock assessment model to the survey data under a noninformative prior for qgross. Despite high prior uncertainty (prior coefficients of variation ≥0.8) and high prior correlation between qgross, the prior for qgross still enhances the precision of key stock assessment quantities

Risk management on application of minimum-cost feed ration for nitrogen and phosphorus reduction on dairy farm

The traditional mathematical programming model with the objective function of feed ration cost minimization is used to accommodate risk management responses to price variability associated with feeding a particular feed ration over time. The model incorporated biophysical simulation data using Cornell Net Carbohydrate and Protein System (CNCPS) software in addressing nutrient requirements and excretions. In addition, it used historic feedstuff prices in a mean-variance (E-V) framework analysis. The optimized seasonal feeding indicated to have a lower mean ration cost and lowest nutrient loading followed by optimized uniform feeding program. The feed cost optimization proved to be a better strategy in minimizing ration cost and reducing excretions both manure and nutrients. The results in this study can be used as guidelines for making nutrient. The information in this study can be used by a producer facing feed price risk to select optimal ration while reducing environmental pollution.Risk and Uncertainty,

Regulation by Third-Party Verification

This Article proposes greater governmental reliance on private auditors to enhance the achievement of regulatory objectives. Regulatory failure is a growing problem as governmental agencies lack resources to adequately monitor and detect noncompliance. Third-party verification partially privatizes the regulatory function by requiring regulated entities to hire independent third parties to verify compliance data and make compliance determinations. As a type of privatization, third-party verification presents both opportunities and potential problems. The key issue, as in other forms of public-private governance, is ensuring that accountability and other public values are protected when private actors perform functions that are fundamentally public. This Article argues that, as third-party verification is incorporated into regulatory frameworks, it must be carefully regulated itself. Regulatory agencies must assume the role of “auditing the auditors” through making and enforcing rules that govern who can serve as a verifier, how regulated entities select verifiers, and how verifications are performed. With well-designed rules and strong governmental oversight, third-party verification has the potential to cost-effectively improve the implementation of social regulation

Harnessing Private Regulation

In private regulation, private actors make, implement, and enforce rules that serve traditional public goals. While private safety standards have a long history, private social and environmental regulation in the forms of self-regulation, sup-ply chain contracting, and voluntary certification and labeling programs have proliferated in the past couple decades. This expansion of private regulation raises the question of how it might be harnessed by public actors to build better regula-tory regimes. This Article tackles this question first by identifying three forms of strong harnessing: public incorporation of private standards, public endorsement of self-regulation, and third-party verification. It then analyzes eight third-party verification programs established by six federal regulatory agencies to derive les-sons about what makes a program successful and to develop recommendations to federal agencies about when and how they should use third-party verification

Enforcing Cap-and-Trade: A Tale of Two Programs

This Article uses the histories of the ARP and RECLAIM to show that even when monitoring and enforcement provisions for cap-and-trade programs are designed in a similar way, the resulting enforcement systems and enforcement outcomes may be very different. Part I of the Article tells the enforcement story of the ARP. It appears to be a story of regulatory efficiency and success. Part II tells the enforcement story of RECLAIM. While not a failure, RECLAIM enforcement seems to have been full of difficulties that necessitated large amounts of administrative time and resources. This part presents the results of an empirical analysis of RECLAIM enforcement actions from 1994 through 2006. The analysis shows that RECLAIM had many more enforcement actions than the ARP, despite the fact that the ARP was a much larger cap-and-trade program in terms of the volume of pollution regulated. Similarly, the amount of monetary penalties assessed in RECLAIM for non-compliance was much larger than the amount assessed in the ARP

Regional Climate Regulation: From State Competition to State Collaboration

States have often been theorized to act as competitors in crafting their environmental policies, engaging in either a “race to the bottom” or a “race to the top.” In the recent development of climate law, however, it is state collaboration and cooperation rather than state competition that have emerged most strongly. This Article first discusses how the theories of competitive state behavior would have predicted states to behave in the absence of federal action and describes the contrasting extent to which states have engaged in collaborative initiatives. The Article then analyzes why states have been motivated to collaborate in climate law

Harnessing Private Regulation

In private regulation, private actors make, implement, and enforce rules that serve traditional public goals. While private safety standards have a long history, private social and environmental regulation in the forms of self-regulation, sup-ply chain contracting, and voluntary certification and labeling programs have proliferated in the past couple decades. This expansion of private regulation raises the question of how it might be harnessed by public actors to build better regula-tory regimes. This Article tackles this question first by identifying three forms of strong harnessing: public incorporation of private standards, public endorsement of self-regulation, and third-party verification. It then analyzes eight third-party verification programs established by six federal regulatory agencies to derive les-sons about what makes a program successful and to develop recommendations to federal agencies about when and how they should use third-party verification

Experiments in fault tolerant software reliability

The reliability of voting was evaluated in a fault-tolerant software system for small output spaces. The effectiveness of the back-to-back testing process was investigated. Version 3.0 of the RSDIMU-ATS, a semi-automated test bed for certification testing of RSDIMU software, was prepared and distributed. Software reliability estimation methods based on non-random sampling are being studied. The investigation of existing fault-tolerance models was continued and formulation of new models was initiated