Industrial Hemp
Agricultural Law Weekly Review—week ending December 11, 2020
Dean Foods Bankruptcy: Pennsylvania Milk Marketing Board Negotiates Nationwide Solution to Preference Payment Claims
On December 9, 2020, the Pennsylvania Milk Marketing Board (PMMB), partnering with the Pennsylvania Office of Attorney General, announced that it had negotiated with the St. Paul, Minnesota, law firm representing the Chapter 11 bankruptcy estate of Dean Foods, ASK LLP. As a result, the PMMB prepared, and posted on the PMMB website, forms which can be downloaded, completed by producers and milk haulers in any state in the country, and mailed to ASK LLP as soon as possible as a response to the […]
Agricultural Law Weekly Review—week ending December 4, 2020
Dean Foods Bankruptcy: Dean Foods Bankruptcy Estate Threatens Dairy Producers with Lawsuits to Recoup Alleged “Preference” Payments
On November 24, 2020, a commercial collections law firm named ASK LLP, headquartered in St. Paul, Minnesota and hired to represent the Southern Foods Group, LLC formerly d/b/a Dean Foods (“Dean”) Chapter 11 bankruptcy estate, mailed demand letters asserting legal claims for the repayment of milk check proceeds against thousands of dairy producers (including cooperatives) throughout the United States. The claims seek the recovery of milk checks received from Dean within ninety days preceding Dean’s filing of bankruptcy (i.e. between August 14, […]
Agricultural Law Weekly Review—week ending October 16, 2020
Antitrust: JBS Subsidiary Pilgrim’s Pride Pleads Guilty to Price-Fixing
On October 14, 2020, Pilgrim’s Pride Corporation (Pilgrim’s), a wholly-owned subsidiary of JBS S.A., issued an announcement stating that it has entered into a plea agreement with the U.S. Department of Justice (DOJ) regarding its involvement in broiler chicken price-fixing. According to the announcement, Pilgrim’s will pay $110,524,140 in exchange for no further charges if remaining in compliance with the plea agreement, which remains subject to approval from the U.S. District Court for the District of Colorado. United States v. Pilgrim’s Pride Corporation, No. 1:20-cr-00330. Multiple over parties remain […]
Agricultural Law Weekly Review—week ending October 2, 2020
International Trade: USDA and FDA Sign MOU to Coordinate, Collaborate on Dairy Exports
On October 1, 2020, the U.S. Department of Agriculture’s (USDA) Foreign Agricultural Service (FAS), Agricultural Marketing Service (AMS), and the U.S. Food and Drug Administration (FDA) announced their establishment of a Memorandum of Understanding (MOU 225-20-017), indicating their intent to cooperate and collaborate regarding the export of milk and milk products from the United States. Under the MOU, FAS will lead communications with foreign governments while AMS will facilitate exports and issue dairy sanitary certificates. Additionally, FDA will verify the regulatory standing of milk producers and […]
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 4, 2020
Industrial Hemp: USDA Reopens Comment Period for Hemp Production Rule
On September 4, the U.S. Department of Agriculture (USDA) Agricultural Marketing Service (AMS) announced the reopening (85 FR 55363) of the comment period for the October 31, 2019 interim final rule, “Establishment of a Domestic Hemp Production Program” (84 FR 58522). USDA states that it is especially interested in comments from regulated parties operating during the 2020 production season and outlines the following twelve issues on which it particularly seeks comment:
- Measurement of Uncertainty for Sampling
- Liquid Chromatography Factor, 0.877
- Disposal and Remediation of Non-Compliant Plants
- Negligence
- Interstate […]
Agricultural Law Weekly Review—week ending August 21, 2020
Agricultural Labor: H-2A Rule Extends Petition Filing Deadline
On August 20, 2020, the U.S. Department of Homeland Security (DHS) published in the Federal Register a temporary final rule titled, “Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due To the COVID-19 National Emergency: Partial Extension of Certain Flexibilities” (85 FR 51304). The new rule impacts the April 20, 2020 temporary final rule (85 FR 21739) by extending the deadline for employees to file an extension of stay petition until December 17, 2020. Additionally, an employee may begin working for a new employer immediately once the petition is received by the […]
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—April 23, 2020
COVID-19: USDA Announces Coronavirus Food Assistance Program:
On April 17, 2020, USDA announced the administrative creation of the Coronavirus Food Assistance Program, utilizing $19 billion of Coronavirus Aid, Relief, and Economic Security Act (CARES) and Families First Coronavirus Response Act (FFCRA) authority and appropriations. The program’s primary initiatives are titled (1) Direct Support to Farmers and Ranchers; and (2) USDA Purchase and Distribution. The Direct Support program will use $16 million for producer compensation for 2020 marketing year actual losses resulting from price, supply chain, demand, and over-supply impacts of COVID-19. The USDA Purchase program will use $3 billion to purchase three categories of food from producers (fresh produce, dairy, […]
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 […]
