Dairy Policy
Agricultural Law Weekly Review—February 13, 2024
Dairy Policy: Federal Milk Marketing Order Hearing Ends, Brief Filing Open Until April 1 🌾
On February 2, 2024, the U.S. Department of Agriculture (USDA) received an order “Notification to the Hearing Clerk Pursuant to 7 CFR § 900.10” for the National Federal Milk Marketing Order Pricing Formula Hearing, which began on August 23, 2023 and ended after forty-nine days on January 30, 2024. According to the notice, 511 exhibits were introduced in the hearing. Additionally, USDA’s Agricultural Marketing Service (AMS) will publish forty-nine volumes of the hearing transcript on its website. Proposed transcript corrections may be […]
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—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 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 […]
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 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 […]
