Food Labeling
Agricultural Law Weekly Review —December 19, 2019
International Trade: United States and China Reach “Phase One” Trade Agreement
On December 13, 2019, the White House announced a “Phase One trade deal” with China that requires “changes to China’s economic and trade regime,” including agricultural trade, and “a commitment by China to make substantial additional purchases of U.S. goods in the coming years.” However, no specific details have yet been provided in writing by either the White House or the Office of the United States Trade Representative (USTR). The text of a Fact Sheet on the USTR website […]
Agricultural Law Weekly Review – October 31, 2019
Industrial Hemp/Cannabis: USDA Releases Interim Final Rule for Domestic Hemp Production
On October 29, 2019, USDA publicly announced and released the text of its interim regulations governing domestic hemp production. The interim final rule implements Section 10113 of the 2018 Farm Bill and various new sections of the Agricultural Marketing Act of 1946, which it amended. Once published in the Federal Register, the rule will be immediately effective and expire after two years. In the meantime, there will be a 60-day comment period and thereafter USDA anticipates issuing its final rule. The rule adds new part 990 (“Domestic Hemp Production”) to 7 CFR. As stated […]
Agricultural Law Weekly Review – September 19, 2019
On September 12, 2019, U.S. Environmental Protection Agency (EPA) Administrator Andrew Wheeler announced the repeal of the 2015 Clean Water Act rule defining “waters of the United States” (WOTUS). According to EPA, the repeal of the 2015 rule is the first step in its two-step approach to redefine WOTUS and clearly distinguish between federally regulated and state-controlled waters. For the second step, EPA proposed a new WOTUS definition in December 2018 (84 FR 4154). The final rule will become active after 60 days once published in the Federal Register. For further […]
Agricultural Law Weekly Review—August 1, 2019
Food Labeling: Plant-Based Food Company Brings Suit Challenging Arkansas Meat Labeling Law
On July 22, 2019, Tofurky Co., a producer of plant-based food products, brought suit in the Eastern District of Arkansas alleging that the Arkansas law prohibiting the labeling of plant or cell-based products as “meat” violates the Free Speech Clause of the First Amendment to the U.S. Constitution. (Tofurky v. Soman, No. 4:19-cv-514-KGB). Under Arkansas Act 501, the term ‘meat’ is defined as “a portion of a livestock, poultry, or cervid carcass that is edible by humans.” The law further states that the term “‘meat’ does […]
Agricultural Law Weekly Review—July 25, 2019
Pesticides: Court Reduces Jury Award in Roundup Case
On July 17, 2019, the U.S. District Court for the Northern District of California reduced a jury damage award regarding the herbicide Roundup from over $80 million to over $25 million (Hardeman v Monsanto Company, 3:16-cv-00525). Previously, a jury found that plaintiff Edwin Hardeman’s non-Hodgkin’s lymphoma was caused by Monsanto’s glyphosate-based herbicide Roundup. According to the jury, Monsanto had negligently failed to warm Mr. Hardeman of the risks associated with Roundup. As a result, Mr. Hardeman was awarded $5,267,634.10 in compensatory damages and $75,000,000 in punitive damages. The court ruled, however, that while “[t]he […]
Agricultural Law Weekly Review—July 11, 2019
Farmland Preservation: PA Governor Approves Agricultural Conservation Easement Legislation
On July 1, 2019, Pennsylvania Governor Tom Wolf approved legislation amending the Commonwealth’s Agricultural Area Security Law (AASL) to allow landowners to voluntarily surrender the right to construct an additional residence on land subject to a conservation easement (HB 370). Previously, AASL stated that a conservation easement “shall not prevent…[c]onstruction and use of structures on the subject land for the landowner’s principal residence or for the purpose of providing necessary housing for seasonal or full-time employees: Provided, That only one such structure may be constructed on no more than […]
