Food Labeling
Agricultural Law Weekly Review—January 21, 2025
THIS WEEK: Webinar on Jan. 24, 2025, Understanding the Basics of Pennsylvania’s Carbon Sequestration Law
NEW: Farmland Energy Podcast, The Inflation Reduction Act and Agriculture (Jan. 14, 2025)
Dairy Policy: USDA Publishes Final Rule Amending Federal Milk Marketing Order Pricing Provisions 🌾
On January 17, 2025, the U.S. Department of Agriculture (USDA) Agricultural Marketing Service (AMS) published in the Federal Register a final rule (90 FR 6600) amending the pricing provisions in the 11 Federal Milk Marketing Orders (FMMOs) after “separate producer referenda held in each of the 11 FMMOs obtained the necessary two-thirds vote in favor of adoption of […]
Agricultural Law Weekly Review—January 14, 2025
NEW:
- Duer, Brook, and Paul Goeringer. “2024 Brought Unprecedented Zoonotic Disease Control Challenge as Well as Far-Reaching Questions of Legal Authority.” Southern Ag Today. Jan. 10, 2025.
- Farmland Energy Legal Podcast: “An Introduction to Foreign Ownership of Agricultural Land.” Jan. 7, 2025.
Avian Influenza: USDA Announces 28 States Enrolled in National Milk Testing Strategy, HHS Announces $306 Million for Avian Flu 🌾
On January 8, 2025, the U.S. Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) announced that 15 additional states have enrolled in the National Milk Testing Strategy: Alabama, Arizona, Delaware, Iowa, Georgia, […]
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—December 20, 2024
Agribusiness: Federal Court Enjoins Corporate Transparency Act Ownership Reporting Requirement, January 1, 2025 Deadline Paused 🌾
On December 3, 2024, the U.S. District Court for the Eastern District of Texas issued a memorandum opinion and order granting a preliminary injunction enjoining the federal government from enforcing the Corporate Transparency Act (CTA) and its Beneficial Ownership Information reporting requirements. Texas Top Cop Shop, Inc. v. Garland, No. 4:24-cv-00478. The court followed the reasoning identified in the March 2024 opinion in National Small Business United v. Yellen and determined that “the CTA is not justified by the Commerce Clause, nor […]
Agricultural Law Weekly Review—September 10, 2024
Deadline Extended! Register by Sept. 12, 2024, noon (ET) for the Pennsylvania Agricultural Law Symposium!
Pesticides: Third Circuit Finds FIFRA Preempts State Law Label Warning Requirement 🌾
On August 15, 2024, the U.S. Court of Appeals for the Third Circuit issued a precedential opinion reversing the lower court’s judgment—which was jointly stipulated by the parties for the purpose of appeal—and holding that the state-law duty to include a cancer warning label on the glyphosate-based herbicide Roundup is preempted by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). David Schaffner, Jr. v. Monsanto Corp, No. 22-3075; […]
Agricultural Law Weekly Review—July 15, 2024
This Week—Register Now!
- Tues. July 16: Overview of U.S. State Milk Pricing Systems, Part 2
- Wed. July 17: “HPAI in Poultry and Cattle: How Can We Miss You if You Won’t Go Away?”
Water Quality: Oklahoma Court Holds State Ag Department Must Consider Environmental Impacts of Animal Operations 🌾
On June 28, 2024, the Oklahoma District Court for Delaware County issued an order granting partial summary judgment against the Oklahoma Department of Agriculture, Food and Forestry (OKDAFF) in an action filed by a group of landowners alleging that OKDAFF’s issuance of certain Poultry Feeding Operation registrations violated the […]
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—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—March 4, 2024
Explore the Center’s New Geographical Indications Virtual Resource Room.
Right to Farm: West Virginia Passes Law Prohibiting Interference with ‘Permissible’ Pesticide Use, Expands Agriculture Protections 🌾
On February 23, 2024, West Virginia Governor Jim Justice approved legislation SB 171, which amends W. Va. Code §7-1-3 to prohibit county commissions from enacting any law “that contravenes or is stricter than any state law . . . relating to agricultural operations” and simultaneously revokes any such law “previously adopted.” The legislation also prohibits a county commission from enacting any rule that interferes with “the permissible use or application, of […]
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
