Biofuels
Agricultural Law Weekly Review—March 25, 2024
Food Labeling: USDA Publishes Final ‘Product of USA’ Rule for Meat, Poultry, and Eggs 🌾
On March 18, 2024, the U.S. Department of Agriculture’s (USDA) Food Safety and Inspection Service (FSIS) published in the Federal Register a final rule (89 FR 19470) amending 9 C.F.R. §§ 317, 381, and 412 to “generically approve” the “voluntary ‘Product of USA’ or ‘Made in the USA’ label claim[s] . . . [for] use[] on meat, poultry and egg products only when they are derived from animals born, raised, slaughtered and processed in the United States” (emphasis added). Also announced […]
Agricultural Law Weekly Review—July 17, 2023
Conservation Programs: USDA Announces $300 Million, Draft Federal Strategy to Improve Greenhouse Gas Measurement and Carbon Sequestration 🌾
On July 12, 2023, the U.S. Department of Agriculture (USDA) published a notice in the Federal Register (88 FR 44251) requesting public comment on an interagency draft report: Federal Strategy to Advance Measurement and Monitoring Greenhouse Gas Measurement and Monitoring for the Agriculture and Forest Sectors. Additionally, USDA announced $300 million in available funding to “improve measurement, monitoring, reporting and verification of greenhouse gas emissions and carbon sequestration in climate-smart agriculture and forestry.” According to the announcement, the draft strategy […]
Agricultural Law Weekly Review—March 13, 2023
Biotechnology: U.S. Trade Representative Announces USMCA Technical Consultations On Mexican GMO Corn Ban 🌾
On March 6, 2023, the Office of the U.S. Trade Representative (USTR) announced that it is requesting technical consultations with Mexico “regard[ing] certain Mexican measures concerning products of agricultural biotechnology,” i.e., Mexico’s February 13, 2023, decree prohibiting import of genetically modified corn for human consumption. USTR initiates the technical consultations under Article 9.19 of Sanitary and Phytosanitary Measures (SPS) Chapter of the United States–Mexico–Canada Agreement (USMCA). According to a statement issued by USDA Secretary Vilsack, the United States “remain[s] firm in […]
Agricultural Law Weekly Review—Week Ending November 11, 2022
Agricultural Antitrust: Federal Court Denies Tyson’s Motion to Dismiss Poultry Renderers’ Antitrust Suit 🌾
On November 8, 2022, the U.S. District Court for the Northern District of Georgia issued an order denying a motion to dismiss filed by River Valley Ingredients, LLC; Tyson Poultry, Inc.; and Tyson Farms, Inc.—the defendants in an antitrust case filed by three southeast poultry rendering companies. American Proteins, Inc. v. River Valley Ingredients, LLC, No. 2:22-cv-00091. According to the complaint, filed May 11, 2022, River Valley and Tyson acquired ten-year exclusive contracts with Wayne Farms and Koch Foods, two of the plaintiff […]
Agricultural Law Weekly Review—Week Ending July 22, 2022
Antitrust: Federal Poultry Processing Wage Suppression Suit Alleging National Conspiracy Survives Motions to Dismiss 🌾
On July 19, 2022, U.S. District Court for the District of Maryland issued an opinion on five motions to dismiss the third amended complaint in this 2019 putative class action case titled Judy Jein, et al. v. Perdue Farms, Inc., et al. No. 19-2521 (USDC MD), based upon Sherman Act antitrust violations on behalf of workers at various poultry processing plants. The class action alleges that the defendant manufacturers conspired to depress wages and share compensation data in order to do so. The twenty-six […]
Agricultural Law Weekly Review—Week Ending June 10, 2022
Avian Influenza: New Commercial HPAI Detections Plummet Nationally 🌾
As of June 13, 2022, the U.S. Department of Agriculture (USDA), Animal and Plant Health Inspection Service (APHIS)’s HPAI 2022 Confirmed Detections database confirmed a total of 369 highly pathogenic avian influenza (HPAI) detections in 36 states (186 commercial flocks and 183 backyard flocks), resulting in 40.09 million birds depopulated. Iowa leads the nation with 13.374 million birds depopulated in 15 infected commercial premises, however there have been no new detections in Iowa since May 4th and the Iowa Department of Agriculture has ended a moratorium on live bird exhibitions effective June […]
Agricultural Law Weekly Review—Week Ending May 6, 2022
Avian Influenza: HPAI Confirmed at Thirteen Pennsylvania Commercial Poultry Operations 🌾
Between April 15 through May 14, 2022, the U.S. Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) has confirmed thirteen commercial poultry premise/flocks diagnosed with highly pathogenic avian influenza (HPAI) in Pennsylvania — 8 in Lancaster County and 5 in Berks County. All premises have been quarantined, through orders of special quarantine, all birds have been depopulated, totally 4.166 million birds) and composted on site. In addition, all commercial poultry facilities within a 10-kilometer (6.2 mile) radius of the infected premises became part of a “Control Zone” […]
Agricultural Law Weekly Review—Week Ending April 15, 2022
Avian Influenza: USDA Confirms HPAI in Pennsylvania Commercial Layer Flock 🌾
On April 16, 2022, the U.S. Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) confirmed highly pathogenic avian influenza (HPAI) in a commercial layer premise in East Donegal Township, Lancaster County, Pennsylvania. The positive sample was taken on April 14, 2022, at a Kreider Farms-operated facility housing approximately 1.4 million layers, tested positive at the Pennsylvania Veterinary Laboratory and then confirmed by the National Veterinary Services Laboratory in Ames, Iowa. PDA announced that it has quarantined, through an order of special quarantine, the affected farm […]
Agricultural Law Weekly Review—Week Ending April 8, 2022
Agricultural Antitrust: Lawsuit Claims Dairy Farmers of America and Select Milk Conspired to Suppress Dairy Farmer Payments 🌾
On April 4, 2022, six New Mexico dairy cooperative members filed a complaint in the U.S. District Court for the District of New Mexico against Dairy Farmers of America (DFA) and Select Milk Producers, Inc. (Select), alleging that the defendant dairy cooperatives conspired to depress members’ raw milk price in violation of the Sherman Act (15 U.S.C. § 1). Othart Dairy Farms, LLC v. Dairy Farmers of America, Inc., No. 2:22-cv-00251. The plaintiffs claim that DFA and Select—who the plaintiffs […]
Agricultural Law Weekly Review—Week Ending January 14, 2022
COVID-19: Supreme Court Grants Stay of OSHA Workplace Vaccination Rule 🌾
On January 13, 2022, the U.S. Supreme Court granted applications for a stay of the U.S. Department of Labor (DOL) Occupational Safety and Health Administration’s (OSHA) November 5, 2021 COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS) (86 FR 61402). National Federation of Independent Business, et al., v. OSHA et al., Nos. 21A244 and 21A247. The stay will be in effect until the cases are finally concluded in the federal courts. The cases were also remanded back to the Sixth Circuit Court of Appeals for disposition on […]
