Food Policy
Agricultural Law Weekly Review – Week ending November 5, 2021
COVID 19: OSHA Vaccination Mandate Issued and Immediately Stayed by Federal Court 🌾
On November 5, 2021, the U.S. Department of Labor (DOL), Occupational Safety and Health Administration (OSHA) published in the Federal Register, “COVID-19 Vaccination and Testing; Emergency Temporary Standard (86 FR 61402), an interim final rule that consists of an emergency temporary standard (ETS) immediately effective requiring employers of 100 or more employees by December 5, 2021, to “develop, implement, and enforce a mandatory COVID-19 vaccination policy, with an exception for employers that instead adopt a policy requiring employees to either get vaccinated or elect to undergo […]
Agricultural Law Weekly Review – Week Ending April 30, 2021
COVID-19: White House Reviewing OSHA’s Long-Delayed Emergency Temporary Standard
On April 26, 2021, according to a U.S. Department of Labor (DOL) spokesperson, Occupational Safety and Health Administration (OSHA) submitted to the White House an Emergency Temporary Standard (ETS) for the prevention of workplace COVID-19 transmission. President Biden’s January 21, 2021 Executive Order on Protecting Worker Health and Safety directed OSHA to decide upon the necessity of an ETS and submit it to the White House by March 15, 2021, however that action was long-delayed without official explanation. An ETS on this topic would represent the first mandatory federal government […]
Agricultural Law Weekly Review—week ending January 1, 2021
COVID-19: $900 Billion Appropriations Act Includes $13 Billion in COVID-19 Relief for Agriculture
On December 27, 2020, President Trump signed into law H.R.133, known as the “Consolidated Appropriations Act, 2021,” which appropriates $900 billion dollars in COVID-19 relief funding, approximately $13 Billion of which represents aid to agriculture in various forms. That represents 1.4% of the total relief funding bill. The list of aid under USDA’s jurisdiction includes a gross amount of $11.2 Billion allocated to the Office of the USDA Secretary for direct financial assistance to commodity producers. The balance is appropriated to various existing statutory programs […]
Agricultural Law Weekly Review—week ending July 17, 2020
Dairy Policy: PA Milk Marketing Board Executes Dean Foods Bond Claims
On July 8, 2020, the Pennsylvania Milk Marketing Board (PMMB) issued multiple consent orders establishing over $9.2 million in claims against the Milk Dealer Corporate Surety Bonds of four Dean Foods subsidiaries for failing to pay dairy farmer cooperative Dairy Farmers of America (DFA) for Pennsylvania-produced milk delivered to Dean Foods facilities during the course of the Dean Foods bankruptcy. Bond claims were filed against Dean Dairy Holdings, LLC ($900,198.79); Garelick Farms, LLC Burlington ($3,262,196.63); Suiza Dairy Group, LLC ($13,420.80); and Tuscan/Lehigh Dairies, Inc.— Lansdale and […]
Agricultural Law Weekly Review—week ending July 10, 2020
Pesticides: Plaintiffs Withdraw Class Settlement after Judge Expresses Doubt
On July 6, 2020, the U.S. District Court for the Northern District of California issued a pretrial order in the case In re: Roundup Products Liability Litigation, expressing doubt about the “propriety and fairness” of Monsanto/Bayer’s proposed $10 billion payment to settle most pending and all future glyphosate suits. The court articulated several specific concerns about the company’s proposed settlement of all future claims through a class action process with a panel of scientists deciding “whether and at what dose Roundup is capable of causing cancer.” The Court questioned the “appropriateness” […]
Agricultural Law Weekly Review—week ending May 22, 2020
COVID-19: USDA Announces Details of Direct Payments Portion of Coronavirus Food Assistance Program
On May 19, 2020, U.S. Secretary of Agriculture Sonny Perdue announced the direct payments portion of the Coronavirus Food Assistance Program (RIN 0503-AA65), which will provide $16 billion in direct payments to producers of wool, livestock, dairy, and specialty and non-specialty crops who have experienced a “five-percent-or-greater price decline due to COVID-19.” Payments are limited to $250,000 “per person or entity” with exceptions for corporate entities of up to three shareholders who “contribute[] substantial labor or management” to operations. USDA will accept applications […]
Agricultural Law Weekly Review – February 28, 2020
Food Labeling: Pennsylvania Department of Agriculture Provides Whole Milk Labeling Guidance
On February 19, 2020, the Pennsylvania Department of Agriculture, Bureau of Food Safety issued a guidance document to Pennsylvania dairy processors outlining what methodology can be employed in labeling the fat content of whole milk. In March 2019, a collection of Pennsylvania dairy farmers formed an advocacy group called “97 Milk, LLC,” which advocates for whole milk consumption and designating whole milk as ‘97% Fat Free.’ However, the guidance document states that, according to FDA, a ‘% Fat Free’ label can only be employed on 1% Low Fat or Skim milk […]
Agricultural Law Weekly Review – January 23, 2020
International Trade: USMCA Receives Congressional Approval, Awaits President’s Signature
On January 16, 2020, the U.S. Congress completed the statutory approval process for the United States-Mexico-Canada Agreement (USMCA). It now awaits the formal application of the President’s signature, which has yet to be scheduled. Pursuant to the Bipartisan Congressional Trade Priorities and Accountability Act of 2015, 19 U.S.C. 4201 et seq., (generally referred to as “Trade Promotion Authority” or “TPA”), Congress granted approval through passage of HR 5430, titled the United States-Mexico-Canada Agreement Implementation Act. HR 5430 was introduced on December 13, 2019, passed the U.S. House by a 385-41 […]
Agricultural Law Weekly Review – November 7, 2019
Agricultural Finance: Chapter 12 Farm Bankruptcies Increasing
On October 30, 2019, American Farm Bureau (AFB) released a market intelligence report authored by Chief Economist John Newton showing that Chapter 12 farm bankruptcy filings rose 24% in the 12-month period ending September 2019 as compared to the same period one year earlier. There were a total of 580 Chapter 12 filings, which nevertheless remains lower than the recent high of 676 filings in 2011. Individual state and regional filings varied greatly but nine states recorded totals at or above 10-year highs (Iowa, Kansas, Maryland, Minnesota, Nebraska, New Hampshire, South Dakota, Wisconsin […]
