Antitrust
Agricultural Law Weekly ReviewâNovember 26, 2024
Avian Influenza: Pennsylvania Department of Agriculture Publishes Order Requiring Bulk Milk Testing đŸ
On November 20, 2024, the Pennsylvania Department of Agriculture (PDA) Secretary Russell Redding issued a general quarantine orderâeffective immediately and published in the Pennsylvania Bulletin on November 23, 2024 (54 Pa.B. 7570)ârequiring bulk testing of milk from Pennsylvania farms for highly pathogenic avian influenza (HPAI). Also announced by PDA, the order requires all in-state milk processors âreceiving bulk raw milk directly from a Pennsylvania dairy farm or milk cooperativeâ to âbegin collecting and submitting samples of raw milk taken from each compartment of each [âŠ]
Agricultural Law Weekly ReviewâJune 10, 2024
Avian Influenza: USDA Announces Additional Funding, New Voluntary Bulk Milk Testing Pilot Program đŸ
On May 30, 2024, the U.S. Department of Agriculture (USDA) announced that the agency is providing an additional $824 million in funding and resources to address and prevent the spread of H5N1 (Highly Pathogenic Avian Influenza A) in livestock and poultry. Additionally, USDAâs Animal and Plant Health Inspection Service (APHIS) has launched a new Voluntary H5N1 Dairy Herd Status Pilot Program as an alternative to the testing and reporting requirements mandated by APHISâs April 24, 2024 Federal Order. USDA states that participation in the pilot [âŠ]
Agricultural Law Weekly ReviewâMay 24, 2024
Food Labeling: Iowa Passes Law Prohibiting Meat Terms on âManufactured-Proteinâ Products, Requires Schools to âPrevent Purchaseâ đŸ
On May 15, 2024, Iowa Governor Kim Reynolds signed into law SF 2391, titled âan Act prohibiting the misbranding of certain food products, and providing penalties.â The law defines âcultivated-protein food product,â âinsect-protein food product,â âplant-protein food productâ and âfabricated egg productâ as âmanufactured-protein food productsâ and provides that such products are misbranded if labeled with an âidentifying meat termâ or âidentifying egg termâ unless the label also contains, âin close proximity to [the] identifying . . . term,â a âconspicuous and [âŠ]
Agricultural Law Weekly ReviewâJanuary 29, 2024
Water Quality: EPA Publishes Proposed Rule for Meat and Poultry Point Source Effluent Limitations đŸ
On January 23, 2024, the U.S. Environmental Protection Agency (EPA) published in the Federal Register a proposed rule (89 FR 4474) to amend Meat and Poultry Products Effluent Guidelines and Standards. Initially announced by EPA on December 15, 2023, the 2024 Proposed Rule offers three options, the first of which EPA claims as the agencyâs preferred option. According to the proposed rule, Option 1 âwould include new phosphorus limits and revised nitrogen limits for large direct dischargers and new pretreatment standards on [âŠ]
Agricultural Law Weekly ReviewâDecember 15, 2023
Antitrust: Federal Jury Finds Egg Producers Liable for Price-Fixing and Conspiracy, Damages Awarded đŸ
On November 21, 2023, the U.S. District Court for the Northern District of Illinois entered a minute entry of a jury verdict finding the defendant egg producers liable in an antitrust case alleging that numerous egg producersâincluding United Egg Producers, Inc., United States Egg Marketers, Inc., and Cal-Maine Foodsââunlawfully agreed to and did implement their conspiracy to control supply and artificially maintain and increase the price of eggs through a series of collective actions.â Kraft Foods Global v. United Egg Producers, No. 1:11-cv-08808. The case [âŠ]
Agricultural Law Weekly ReviewâDecember 4, 2023
International Trade: Panel Report Finds Canadaâs Dairy Tariff-Rate Quotas âNot Inconsistentâ with USMCA đŸ
On November 10, 2023, the dispute settlement panel formed under the United States-Mexico-Canada Agreement (USMCA) published its final report concerning Canadaâs dairy tariff-rate quota (TRQ) allocation measures. Also announced by the U.S. Trade Representative (USTR), the report concluded that âCanadaâs measures are not inconsistent with the USMCA provisions cited by the United States.â However, â[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 [âŠ]
Agricultural Law Weekly ReviewâNovember 20, 2023
Antitrust: DOJ Files Complaint, Proposed Consent Decree to Prohibit Koch Foodsâ Contract Termination Penalty Fees đŸ
On November 9, 2023, the U.S. Department of Justice (DOJ) filed, in the U.S. District Court for the Northern District of Illinois, a complaint alleging that poultry producer Koch Foods, Inc. âanticompetitively and unfairly required chicken farmers, or growers, to pay Koch a termination penalty to switch from working for Koch to a rival chicken processor.â United States v. Koch Foods, No. 1:23-cv-15813. Also announced by DOJ, the complaint states that âKochâs termination penalty . . amounted to more than half of [âŠ]
Agricultural Law Weekly ReviewâNovember 6, 2023
Agricultural Labor: National Labor Relations Board Publishes Final Rule for New Joint Employer Status Test đŸ
On October 27, 2023, the National Labor Relations Board (NLRB) published in the Federal Register a final rule titled âStandards for Determining Joint Employer Statusâ (88 FR 73946), which replaces the previous 2020 rule (85 FR 11184). Also announced by NLRB, the final rule establishes that âan entity may be considered a joint employer of another employerâs employees if the two share or codetermine the employeesâ essential terms and conditions of employment,â which the rule defines using seven categories: 1) âwages, benefits, [âŠ]
Agricultural Law Weekly ReviewâOctober 30, 2023
National Agricultural Policy: USDA Allocates $2.3 Billion in CCC Funds for Trade Promotion, Surplus Commodity Purchases đŸ
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 ALWRâOct. 2, 2023, âGAO Decision Finds USDAâs Use of Commodity Credit Corporation Funds Lawful.â
Technology: USDA Rural Development Allows Loan, [âŠ]
Agricultural Law Weekly ReviewâOctober 23, 2023
Ag-Gag Statutes: Supreme Court Denies Petition to Decide Whether First Amendment Protects âNewsgathering Activitiesâ in Non-Public Farm Areas đŸ
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 Circuitâs decision upholding parts of North Carolinaâs Property Protection Actâbut enjoining enforcement of the act for ânewsgathering activities.â 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 Circuitâs opinion, which held that [âŠ]
