Food Safety
Agricultural Law Weekly Review – Week Ending July 2, 2021
Animal Welfare: U.S. Supreme Court Denies Review of Refusal to Grant Injunction Against California’s Proposition 12 🌾
On June 28, 2021, the Supreme Court of the United States denied North American Meat Institute’s (NAMI) petition for certiorari from the refusal to grant an injunction against California’s Proposition 12 on the basis that it violates the U.S. Constitution’s Commerce Clause. North American Meat Institute v. Rob Bonta, Attorney General of California, et al., No. 20-1215. Proposition 12 establishes in-state animal confinement standards for egg-laying hens, veal calves, and breeding sows and prohibits the in-state sale of noncompliant products (included […]
Agricultural Law Weekly Review – Week Ending June 25, 2021
Biofuels: U.S. Supreme Court Allows Non-Continuous Small Refinery Renewable Fuels Standard Blending Obligation Waiver Extensions 🌾
On June 25, 2021, the Supreme Court of the United States issued an opinion holding that a small refinery that previously received a waiver from Renewable Fuel Standard (RFS) blending obligations may still receive an “extension” of the waiver even if it did not acquire a continuous waiver in previous years and allowed a previous exemption to lapse. HollyFrontier Cheyenne Refining, LLC, et al., v. Renewable Fuels Association, et al., No. 20-472. The court found that the term “extension,” which is undefined in […]
Agricultural Law Weekly Review – Week Ending June 4, 2021
COVID-19: Congressional letter calls for Emergency Temporary Standard and FY 2022 Budget Outlines Intent for Infectious Disease Rulemaking 🌾
On June 2, 2021, one-hundred and six members of the U.S. House of Representatives sent a letter to President Biden urging the issuance of an OSHA Emergency Temporary Standard (ETS) addressing worker protection from COVID-19 in the workplace. The request cited the March 15, 2021 deadline for such a standard included in January 21, 2021’s Executive Order (E.O. 13999) and the Office of Management and Budget’s (OMB) delay in reviewing the draft ETS sent to the White House on April […]
Agricultural Law Weekly Review – Week Ending April 16, 2021
COVID-19: Farmer to Families Food Box Program Ends; Fresh Produce Box Purchases and Dairy Donation Program Planned 🌾
According to statements made by Secretary Vilsack posted to USDA’s website on April 14, 2021, the Farmer to Families Food Box Program will be terminated at the close of April 2021 when the current funded vendor contracts end. On April 14. 2021, Reuters reported that USDA Communications Director Matt Herrick stated USDA is focused on different hunger initiatives, including expanding food stamp benefits and increasing food purchases through existing government food distribution programs. On April 9, 2021, USDA released a
Agricultural Law Weekly Review—week ending February 12, 2021
Food Safety: New Swine Inspection System Suit Will Proceed to Trial 🌾
On February 4, 2021, the U.S. District Court for the Northern District of California issued an order denying dismissal of a suit challenging the U.S. Department of Agriculture’s (USDA) September 2019 “New Swine Inspection System” (NSIS) rule. Center for Food Safety v. Perdue, No. 4:20-cv-00256. For background on the rule, see ALWR—September 19, 2019, “USDA Announces Swine Slaughter Inspection Final Rule.” The suit, filed on January 13, 2020 by handful of varied political advocacy groups, alleges that the NSIS violates the Administration Procedure Act and the […]
Agricultural Law Weekly Review—week ending December 25, 2020
Pesticides/Herbicides: 5-Year Dicamba Registration Approval Challenged in Parallel Litigation
On December 21, 2020, the identical five entities (referred to collectively herein as the “Center for Food Safety”) who were successful in June 2020 in having the EPA registrations of three dicamba-containing herbicides vacated by the U.S. Court of Appeals for the Ninth Circuit (9th Circuit), filed a Petition for Review with the 9th Circuit seeking to have the EPA’s October 27, 2020, 5-year registration approvals of three dicamba-containing herbicides again invalidated. The petition alleges that the new registrations have been issued in violation of the Federal Insecticide, […]
Agricultural Law Weekly Review—week ending September 25, 2020
Industrial Hemp: Lawsuit Challenges DEA Hemp Interim Final Rule
On September 18, 2020, the Hemp Industries Association (HIA) and RE Botanicals filed, in the U.S. Court of Appeals for the District of Columbia Circuit, a petition for review (Hemp Industries Association, et al v. DEA, et al, Docket No. 20-01376) challenging the August 21, 2020 interim final rule (85 FR 51639) issued by the U.S. Drug Enforcement Administration (DEA). Additionally, on September 18, 2018, the Hemp Industries Association submitted a comment on the DEA’s interim rule, see Docket: DEA-2020-0023. The primary claim in both Hemp Industries […]
Agricultural Law Weekly Review—week ending September 11, 2020
Water Quality: Lawsuits filed against EPA over Pa and NY Chesapeake Bay
On September 10, 2020, the Chesapeake Bay Foundation and the states of Maryland, Virginia, Delaware, and the District of Columbia filed separate complaints against the U.S. Environmental Protection Agency (EPA) seeking to invalidate New York and Pennsylvania’s Chesapeake Bay Agreement nutrient reduction plans and compel EPA Secretary Andrew Wheeler to ensure state compliance with the Chesapeake Bay Agreement nutrient reduction goals. (Chesapeake Bay Foundation, Inc. v. Environmental Protection Agency, No. 1:20-cv-02529; State of Maryland v. Wheeler, No. 1:20-cv-02530). Filed in the U.S. District Court […]
Agricultural Law Weekly Review—April 9, 2020
Agricultural Transportation: FMCSA Extends Trucking Hours of Service Waiver
On April 8, 2020, the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) issued an extension and expansion of its COVID-19 emergency declaration, most notably extending its applicability to May 15, 2020. The declaration was originally issued on March 13, 2020, and previously expanded on March 18, 2020. Of particular importance to agriculture, it provides, among other things, a waiver of hours of service requirements for the transport of food, feed, livestock, and “immediate precursor raw materials . . . that are required to be used for the manufacture” of food.
Food Safety: FDA Shell […]
Agricultural Law Weekly Review—March 12, 2020
Food Safety: U.S. Customs Agricultural Inspection Workforce Expanded
On March 3, 2020, President Trump signed into law Senate Bill 2107, now designated as Public Law No. 116-122, titled “Protecting America’s Food and Agriculture Act of 2019.” This legislation authorizes the U.S. Customs and Border Protection (CBP) to annually hire up to two-hundred forty (240) and two-hundred (200) new CBP Agriculture Specialists and CBP Agriculture Technicians respectively. The gross number of each employee type to be achieved and maintained is determined by an annual calculation of CBP’s need. The law also provides an escalating yearly appropriation for federal fiscal years 2020 […]
