Agribusiness
Agricultural Law Weekly Review—April 15, 2024
Ag-Gag Statutes: Kentucky Legislature Passes ‘Agricultural Key Infrastructure Asset Trespass Law,’ Overrides Governor Veto 🌾
On April 12, 2024, the Kentucky legislature overrode the governor’s veto to pass into law Senate Bill 16, titled “An Act Relating to Agricultural Key Infrastructure Assets” (with votes totaling 32-6 in the House and 71-26 in the Senate). The law adds three types of facilities to the definition of “key infrastructure assets”—(1) “a commercial food manufacturing or processing facility,” (2) “an animal feeding operation,” and (3) “a concentrated animal feeding operation”—and establishes that a person “commits the offense of trespass upon key infrastructure […]
Agricultural Law Weekly Review—February 5, 2024
Agribusiness: Kubota Enjoined from Labeling Imported Products as ‘Made in USA,’ Will Pay $2 Million 🌾
On January 25, 2024, the U.S. District Court for the Northern District of Texas issued a stipulated order permanently enjoining Kubota North America from claiming that its products are “Made in the United States” (MUSA) when the products do not comply with the “Made in USA Labeling Rule” (16 C.F.R. Part 323). United States v. Kubota North America Corporation, No. 3:24-cv-00159. According to a complaint filed by the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC), Kubota “incorrectly […]
Agricultural Law Weekly Review—January 24, 2024
National Agricultural Policy: Continuing Resolution Funds Government, Agriculture Until March 1, 2024 🌾
On January 19, 2024, President Joe Biden signed into law continuing resolution H.R.2872, which maintains the funding levels established in the 2023 Consolidated Appropriations Act (P.L. 117–328) for “Agriculture, Rural Development, Food and Drug Administration, and Related Agencies” and other government programs and agencies until March 1, 2024. The programs were previously funded through January 19, 2024, under continuing resolution H.R.6363, passed November 16, 20223. Congress passed the continuing resolutions in the absence of a 2024 Consolidated Appropriations Act.
National Agricultural Policy: GAO Publishes Report on […]
Agricultural Law Weekly Review—January 8, 2024
Animal Welfare: California’s Proposition 12 Fully Effective January 1, 2024, Producer Certification Required 🌾
On January 1, 2024, California’s Proposition 12 and implementing regulations became fully effective, establishing the state’s Animal Care Program and requiring third-party certification for producers (HSC §§ 25990-25994 and 3 CCR §§ 1320-1327.3). According to a publication from the California Department of Food and Agriculture (CDFA), as of January 1, 2024, (1) “[p]roducers are required to have a valid Certificate of Compliance,” (2) “[c]overed products sold are required to be from producers with valid Certificates of Compliance,” and (3) “[d]istributors are required to […]
Agricultural Law Weekly Review—December 22, 2023
Agribusiness: Beneficial Ownership Information Reporting Requirements Effective January 1, 2024 🌾
On January 1, 2024, the beneficial ownership information (BOI) reporting requirements (31 CFR § 1010.380) become effective for many companies and small entities as part of the Corporate Transparency Act, enacted within the Anti-Money Laundering Act of 2020 in the National Defense Authorization Act for Fiscal Year 2021, P.L. 116–283. The law requires that domestic and foreign reporting companies formed by “filing a document with a secretary of state or any similar office” report certain information about itself, its beneficial owners, and its
Agricultural Law Weekly Review—December 4, 2023
International Trade: Panel Report Finds Canada’s Dairy Tariff-Rate Quotas ‘Not Inconsistent’ with USMCA 🌾
On November 10, 2023, the dispute settlement panel formed under the United States-Mexico-Canada Agreement (USMCA) published its final report concerning Canada’s dairy tariff-rate quota (TRQ) allocation measures. Also announced by the U.S. Trade Representative (USTR), the report concluded that “Canada’s measures are not inconsistent with the USMCA provisions cited by the United States.” However, “[a] dissenting panelist agreed with the United States that by excluding retailers and others, Canada was breaching its commitment to make its dairy TRQs available to all applicants active in the […]
Agricultural Law Weekly Review—November 6, 2023
Agricultural Labor: National Labor Relations Board Publishes Final Rule for New Joint Employer Status Test 🌾
On October 27, 2023, the National Labor Relations Board (NLRB) published in the Federal Register a final rule titled “Standards for Determining Joint Employer Status” (88 FR 73946), which replaces the previous 2020 rule (85 FR 11184). Also announced by NLRB, the final rule establishes that “an entity may be considered a joint employer of another employer’s employees if the two share or codetermine the employees’ essential terms and conditions of employment,” which the rule defines using seven categories: 1) “wages, benefits, […]
Agricultural Law Weekly Review—October 30, 2023
National Agricultural Policy: USDA Allocates $2.3 Billion in CCC Funds for Trade Promotion, Surplus Commodity Purchases 🌾
On October 24, 2023, U.S. Department of Agriculture (USDA) Secretary Tom Vilsack announced that USDA will allocate $2.3 billion in Commodity Credit Corporation (CCC) funds for agricultural trade promotion and international food aid. According to the announcement, $1.3 billion will fund a new Regional Agricultural Promotion Program and $1 billion will fund purchases of surplus U.S. commodities for distribution through USAID. See also ALWR—Oct. 2, 2023, “GAO Decision Finds USDA’s Use of Commodity Credit Corporation Funds Lawful.”
Technology: USDA Rural Development Allows Loan, […]
Agricultural Law Weekly Review—October 23, 2023
Ag-Gag Statutes: Supreme Court Denies Petition to Decide Whether First Amendment Protects ‘Newsgathering Activities’ in Non-Public Farm Areas 🌾
On October 16, 2023, the U.S. Supreme Court denied a petition for a writ of certiorari for a case seeking reversal of the U.S. Court of Appeals for the Fourth Circuit’s decision upholding parts of North Carolina’s Property Protection Act—but enjoining enforcement of the act for “newsgathering activities.” Stein v. People for the Ethical Treatment of Animals, Inc., No. 22-1150 (U.S.); PETA v. NC Farm Bureau, No. 20-1776 (4th Cir.). The Fourth Circuit’s opinion, which held that […]
Agricultural Law Weekly Review—October 16, 2023
Agricultural Labor: Supreme Court Denies Case to Apply FLSA ‘Agricultural Exemption’ to On-Farm Construction 🌾
On October 2, 2023, the U.S. Supreme Court denied a petition for certiorari in a case questioning whether a company must pay overtime to H-2A employees who construct on-farm livestock confinement facilities or whether those employees are exempted from Fair Labor Standards Act (FLSA) overtime requirements as “agricultural workers.” Signet Builders Inc. v. Vanegas, No. 22-869. The petitioner construction company sought to overturn a decision from the U.S. Court of Appeals for the Seventh Circuit, which found that the company had failed to […]
