Agribusiness
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 […]
Agricultural Law Weekly Review—June 26, 2023
Food Labeling: USDA Announces Antibiotic Sampling Project and Industry Guidance to Verify Animal-Raising Claims 🌾
On June 14, 2023, the U.S. Department of Agriculture (USDA) announced that the department’s Food Safety and Inspection Service (FSIS) and Agricultural Research Service (ARS) will take actions to verify animal-rising claims, like “raised without antibiotics,” “grass-fed,” and “free-range.” According to the announcement, the agencies will initiate a sampling project to determine antibiotic residues in cattle “raised without antibiotics” and FSIS will issue guidance “strongly encourage[ing] use of third-party certification” to justify animal-raising claims. USDA states that the results of the sampling project will “inform […]
Agricultural Law Weekly Review—June 19, 2023
Pesticides/Herbicides: Environmental Groups Challenge EPA’s Registration of Enlist One and Enlist Duo 🌾
On June 6, 2023, the Center for Food Safety and two other advocacy groups filed a complaint in the U.S. District Court for the District of Columbia seeking injunctive and declaratory relief against the U.S. Environmental Protection Agency’s (EPA) registration decision for Enlist One and Enlist Duo. Ctr. for Food Safety v. U.S. Envtl. Prot. Agency, No. 1:23-cv-01633. In January 2022, EPA granted an extended seven-year registration for the two herbicides in 34 states, which may be expanded to six other states pending a […]
Agricultural Law Weekly Review – Week Ending December 3, 2021
Pesticides/Herbicides: EPA Publishes Pesticide Registration Review Schedule Through 2025 🌾
On December 2, 2021, the U.S. Environmental Protection Agency (EPA) announced the agency’s pesticide registration review schedule through fiscal year 2025, which the agency states it will now update quarterly rather than annually, the agency’s historical precedent. Although the 2007 amendments to the Federal Insecticide Fungicide, and Rodenticide Act (FIFRA) require EPA to review all registered pesticides every fifteen years, EPA anticipates that it will extend its review beyond October 1, 2022 for some pesticides registered before October 1, 2007 due to pandemic challenges. According to the announcement, of […]
