Antitrust
Agricultural Law Weekly Review—February 11, 2025
Webinar Next Week—Feb. 18, 2025, Quarterly Dairy Legal Webinar: HPAI in Dairy Cattle: Regulatory Measures Thus Far
Local Agricultural Policy: Pennsylvania Governor’s Proposed 2025–26 Budget Appropriates $255 Million for Agriculture 🌾
On February 4, 2025, Pennsylvania Governor Josh Shapiro presented his proposed 2025–26 state budget and enabling legislation, which includes $255 million for agriculture, down 2.3% from $261 million in 2024–25 (full PDF; budget in brief; line-item summary). However, the proposed budget appropriates $25 million for the Agriculture Innovation and Development Grant Program—which also includes “$2,000,000 for a county-based ‘digester’ pilot program”—a total increase […]
Agricultural Law Weekly Review—January 28, 2025
Agribusiness: Supreme Court Stays BOI Injunction But Reporting Requirements Still Paused 🌾
On January 23, 2025, the U.S. Supreme Court issued an opinion staying the U.S. District Court for the Eastern District of Texas’s December 5, 2025 injunction in Texas Top Cop Shop v. Garland and again reinstating the Corporate Transparency Act (CTA) and the act’s Beneficial Ownership Information (BOI) reporting requirements. James R. McHenry, III, Acting Attorney General, v. Texas Top Cop Shop, No. 24A653. However, another nationwide injunction of the law, issued in a separate case on January 7, 2025, is still effective. Smith v. United […]
Agricultural Law Weekly Review—January 7, 2025
Agribusiness: Fifth Circuit Reinstates Corporate Transparency Act Injunction After Brief Reversal, Government Files Petition for Certiorari 🌾
On December 26, 2024, the U.S. Court of Appeals for the Fifth Circuit issued an order vacating its December 23 stay of the district court’s preliminary injunction of the Corporate Transparency Act (CTA) and its Beneficial Ownership Information reporting requirements, reinstating the pause on the January 1, 2025 compliance deadline for entity owners to file with the U.S. Treasury’s Financial Crimes Enforcement Network (FinCEN). See Agricultural Law in the Spotlight article: Fifth Circuit Reinstates Corporate Transparency Act Injunction After Brief Reversal, Government […]
Agricultural Law Weekly Review—November 26, 2024
Avian Influenza: Pennsylvania Department of Agriculture Publishes Order Requiring Bulk Milk Testing 🌾
On November 20, 2024, the Pennsylvania Department of Agriculture (PDA) Secretary Russell Redding issued a general quarantine order—effective immediately and published in the Pennsylvania Bulletin on November 23, 2024 (54 Pa.B. 7570)—requiring 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 “receiving bulk raw milk directly from a Pennsylvania dairy farm or milk cooperative” to “begin collecting and submitting samples of raw milk taken from each compartment of each […]
Agricultural Law Weekly Review—June 10, 2024
Avian Influenza: USDA Announces Additional Funding, New Voluntary Bulk Milk Testing Pilot Program 🌾
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, USDA’s 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 APHIS’s April 24, 2024 Federal Order. USDA states that participation in the pilot […]
Agricultural Law Weekly Review—May 24, 2024
Food Labeling: Iowa Passes Law Prohibiting Meat Terms on ‘Manufactured-Protein’ Products, Requires Schools to ‘Prevent Purchase’ 🌾
On May 15, 2024, Iowa Governor Kim Reynolds signed into law SF 2391, titled “an Act prohibiting the misbranding of certain food products, and providing penalties.” The law defines “cultivated-protein food product,” “insect-protein food product,” “plant-protein food product” and “fabricated egg product” as “manufactured-protein food products” and provides that such products are misbranded if labeled with an “identifying meat term” or “identifying egg term” unless the label also contains, “in close proximity to [the] identifying . . . term,” a “conspicuous and […]
Agricultural Law Weekly Review—January 29, 2024
Water Quality: EPA Publishes Proposed Rule for Meat and Poultry Point Source Effluent Limitations 🌾
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 agency’s preferred option. According to the proposed rule, Option 1 “would include new phosphorus limits and revised nitrogen limits for large direct dischargers and new pretreatment standards on […]
Agricultural Law Weekly Review—December 15, 2023
Antitrust: Federal Jury Finds Egg Producers Liable for Price-Fixing and Conspiracy, Damages Awarded 🌾
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 producers—including United Egg Producers, Inc., United States Egg Marketers, Inc., and Cal-Maine Foods—“unlawfully 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.” Kraft Foods Global v. United Egg Producers, No. 1:11-cv-08808. The case […]
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 20, 2023
Antitrust: DOJ Files Complaint, Proposed Consent Decree to Prohibit Koch Foods’ Contract Termination Penalty Fees 🌾
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. “anticompetitively and unfairly required chicken farmers, or growers, to pay Koch a termination penalty to switch from working for Koch to a rival chicken processor.” United States v. Koch Foods, No. 1:23-cv-15813. Also announced by DOJ, the complaint states that “Koch’s termination penalty . . amounted to more than half of […]
