Industrial Hemp
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 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—August 14, 2023
Animal Welfare: Massachusetts to Develop Rule, Will Delay Enforcement for Question 3 ‘Transshipped Pork’ 🌾
On August 7, 2023, the U.S. District Court for the District of Massachusetts entered an electronic order granting a joint stipulation and motion to extend stay for six months in a case filed in August 2022 challenging Massachusetts Question 3, which prohibits the in-state sale of pork not compliant with the state’s animal confinement standards. Massachusetts Restaurant Assoc. v. Healey, No. 4:22-cv-11245. According to the joint stipulation, the Massachusetts Department of Agricultural Resources (MDAR) will propose regulations to address “transshipped whole pork meat,” out-of-state […]
Agricultural Law Weekly Review—February 6, 2023
International Trade: U.S. Requests Second USMCA Arbitration Over Canada’s Dairy Tariff-Rate Quotas 🌾
On January 31, 2023, the Office of the U.S. Trade Representative (USTR) announced that the U.S. has requested—for the second time—that an arbitration panel adjudicate the U.S.’s claim that Canada’s administration of its dairy tariff-rate quotas (TRQ) violate the United States-Mexico-Canada Agreement (USMCA). A January 2022 arbitration panel decision found Canada’s TRQ eligibility criteria were a USMCA violation. According to the U.S., Canada’s resulting minimal change to TRQ eligibility does not remedy the underlying violation. The new arbitration request reasserts TRQ eligibility and adds TRQ allocation […]
Agricultural Law Weekly Review—January 16, 2023
Organic Agriculture: DOJ Indicts Multiple Companies and Individuals for Organic Fraud 🌾
On January 6, 2023, the U.S. Department of Justice announced the indictment of two Dubai-based agricultural companies and three Turkish residents for conspiring to export non-organic grain labeled as “organic” into the United States. The defendants are charged with conspiracy, smuggling, and wire fraud. According to the announcement, in 2016, the defendants “shipped 16,250 [metric tons] of non-organic soybeans falsely labeled as ‘organic’ from Turkey to the United States where they were sold for over $10 million.” The case is pending in the U.S. District Court for the […]
Agricultural Law Weekly Review—Week Ending March 11, 2022
Avian Influenza: Detections Now in Sixteen States 🌾
The United States Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) has confirmed highly pathogenic avian influenza (HPAI) detected in domestic poultry in the following states: Indiana—Feb. 8, 16, 23 (two separate premises) and 24 and Mar. 2 in commercial turkeys; Kentucky—Feb. 12 in commercial broiler chickens (broilers) and Feb. 15 in commercial turkeys; Virginia—Feb. 12 in mixed backyard poultry; New York—Feb. 19 and 24 (two separate premises) in various non-commercial poultry; Maine—Feb. 19 and 23 in backyard poultry; Delaware—Feb. 22 in broilers and laying hens (layers) and Mar. […]
Agricultural Law Weekly Review – Week Ending October 29, 2021
Agribusiness: Federal Court Allows Securities Fraud Claims to Proceed Against Bayer Re: Monsanto Purchase 🌾
On October 19, 2021, the U.S. District Court for the Northern District of California issued an order denying Bayer’s motion to dismiss a suit brought by Bayer investors alleging that the company’s actions in connection with its acquisition of Monsanto violated the Securities and Exchange Act of 1934. Sheet Metal Workers National Pension Fund v. Bayer Aktiengesellschaft, No. 3:20-cv-04737. The plaintiffs, multiple pension funds, claim that Bayer misstated the safety of glyphosate and Roundup, Bayer’s own due diligence efforts, and the legal risks […]
Agricultural Law Weekly Review—Week Ending March 12, 2021
COVID-19: $1.9 Trillion American Rescue Plan Act Includes $10.4 Billion for Agriculture 🌾
On March 11, 2021, President Biden signed into law H.R. 1319, known as the “American Rescue Plan Act of 2021,” which appropriates approximately $1.9 trillion for various COVID-19 relief funding and authorizes multiple statutory initiatives and programs, including approximately $10.4 billion in aid and assistance to agriculture in various forms. USDA has published a fact sheet on the law and its highlights, including allocation of $4 billion for debt relief for socially disadvantaged farmers and approximately $1 billion to create a racial equity commission, address longstanding […]
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 January 22, 2021
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Industrial Hemp: USDA Publishes Final Hemp Rule
On January 19, 2021, the U.S. Department of Agriculture’s (USDA) Agriculture Marketing Service (AMS) published in the Federal Register a final rule titled “Establishment of a Domestic Hemp Production Program” (86 FR 5596), which completes the closely-followed process begun by the October 31, 2019 interim final rule to complete regulations governing domestic […]
