International Trade
Agricultural Law Weekly Review—August 28, 2023
International Trade: Unites States Requests USMCA Dispute Panel Over Mexican GMO Corn Ban 🌾
On August 17, 2023, the Office of the U.S. Trade Representative (USTR) announced that USTR has requested a three-member dispute settlement panel under the United States-Mexico-Canada Agreement (USMCA) regarding Mexico’s actions to phase out biotech corn in food products and animal feed. Agriculture Secretary Tom Vilsack issued a statement on the USTR action, stating, “Mexico’s approach to biotechnology is not based on science,” which USTR said “undermine[s] the market access it agreed to provide in the USMCA.” Under USMCA dispute resolution […]
Agricultural Law Weekly Review—August 21, 2023
Local Food: PA Department of Agriculture Seeks Comments on Plans for USDA Funding from Resilient Food Systems Infrastructure Program 🌾
On August 15, 2023, the Pennsylvania Department of Agriculture (PDA) released a public request for comment on the agency’s proposed priorities for its cooperative agreement with the U.S. Department of Agriculture’s (USDA) Resilient Food Systems Infrastructure Program, through which PDA anticipates it will receive approximately $26.5 million. PDA issued the following statement: “The Pennsylvania Department of Agriculture is seeking public comments to ensure that the Resilient Food Systems Infrastructure Program best meets the current needs of Pennsylvania’s agricultural supply […]
Agricultural Law Weekly Review—July 3, 2023
Food Labeling: USDA Issues Grant of Inspection to Upside Foods, Furthering Commercial Cell-Cultured Chicken Sales
On June 21, 2023, Upside Foods announced that the U.S. Department of Agriculture (USDA) Food Safety and Inspection Service (FSIS) issued the company a Grant of Inspection (GOI), marking the completion of the pre-market regulatory review process required for the company to produce and sell its cell-cultured chicken in the United States. The USDA approval follows Upside’s receipt of a “No Questions” letter from the U.S. Food and Drug Administration (FDA) on November 16, 2022, and a label approval from USDA on June […]
Agricultural Law Weekly Review—June 12, 2023
International Trade: U.S. Initiates USMCA Dispute Settlement Consultations with Mexico on GMO Corn Ban 🌾
On June 2, 2023, the Office of the U.S. Trade Representative (USTR) announced that the United States has requested dispute settlement consultations with Mexico under Articles 31.2 and 31.4 of the United States-Mexico-Canada-Agreement (USMCA) concerning Mexico’s prohibition on the import of genetically modified corn for human consumption. The USTR announcement follows a June 1, 2023, letter from 62 Congress members urging the USTR to “immediately proceed with a formal USMCA dispute.” USTR’s request for dispute settlement consultations follows unsuccessful technical consultations […]
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 30, 2023
WOTUS: Ag Groups Challenge New WOTUS Rule 🌾
On January 18, 2023, several agricultural advocacy groups and the state of Texas filed complaints in the U.S. District Court for the Southern District of Texas Galveston Division seeking to vacate the recently published final rule defining “Waters of the United States” (WOTUS) under the Clean Water Act (CWA). Am. Farm Bureau Federation v. U.S. EPA, No. 3:23-cv-00020. Among these advocacy groups are the American Farm Bureau Federation, the National Cattlemen’s Beef Association, the National Pork Producers Council, and others. The advocacy groups argue that the new final rule […]
Agricultural Law Weekly Review—January 9, 2023
Water Quality: D.C. Circuit Court Vacates and Remands Conowingo Dam License 🌾
On December 20, 2022, the U.S. Court of Appeals for the District of Columbia Circuit issued an opinion vacating and remanding the license for Constellation Energy Generation, LLC’s Conowingo Dam. Waterkeepers Chesapeake v. FERC, No. 21-1139. The court concluded that the Federal Energy Regulatory Commission (FERC) exceeded its statutory authority under section 401(a)(1) of the Clean Water Act (CWA) (33 U.S.C. § 1341(a)(1)) by granting the March 2021 license under a circumstance not enumerated in the CWA. The court stated the CWA only allows FERC […]
Agricultural Law Weekly Review—Week Ending November 11, 2022
Agricultural Antitrust: Federal Court Denies Tyson’s Motion to Dismiss Poultry Renderers’ Antitrust Suit 🌾
On November 8, 2022, the U.S. District Court for the Northern District of Georgia issued an order denying a motion to dismiss filed by River Valley Ingredients, LLC; Tyson Poultry, Inc.; and Tyson Farms, Inc.—the defendants in an antitrust case filed by three southeast poultry rendering companies. American Proteins, Inc. v. River Valley Ingredients, LLC, No. 2:22-cv-00091. According to the complaint, filed May 11, 2022, River Valley and Tyson acquired ten-year exclusive contracts with Wayne Farms and Koch Foods, two of the plaintiff […]
Agricultural Law Weekly Review—Week Ending July 22, 2022
Antitrust: Federal Poultry Processing Wage Suppression Suit Alleging National Conspiracy Survives Motions to Dismiss 🌾
On July 19, 2022, U.S. District Court for the District of Maryland issued an opinion on five motions to dismiss the third amended complaint in this 2019 putative class action case titled Judy Jein, et al. v. Perdue Farms, Inc., et al. No. 19-2521 (USDC MD), based upon Sherman Act antitrust violations on behalf of workers at various poultry processing plants. The class action alleges that the defendant manufacturers conspired to depress wages and share compensation data in order to do so. The twenty-six […]
Agricultural Law Weekly Review—Week Ending June 10, 2022
Avian Influenza: New Commercial HPAI Detections Plummet Nationally 🌾
As of June 13, 2022, the U.S. Department of Agriculture (USDA), Animal and Plant Health Inspection Service (APHIS)’s HPAI 2022 Confirmed Detections database confirmed a total of 369 highly pathogenic avian influenza (HPAI) detections in 36 states (186 commercial flocks and 183 backyard flocks), resulting in 40.09 million birds depopulated. Iowa leads the nation with 13.374 million birds depopulated in 15 infected commercial premises, however there have been no new detections in Iowa since May 4th and the Iowa Department of Agriculture has ended a moratorium on live bird exhibitions effective June […]
