Local Food
Agricultural Law Weekly Review—April 22, 2024
Webinars This Week!
- Apr. 23, 2024, U.S. State Milk Pricing & Supports, Part 1
- Apr. 26, 2024, Understanding the Basics of Producer Protections for Buyer Default
Nutrition Programs: USDA Publishes WIC Final Rule—Includes White Potatoes, Reduces Milk 🌾
On April 18, 2024, the U.S. Department of Agriculture’s (USDA) Food and Nutrition Service (FNS) published in the Federal Register a final rule (89 FR 28488) finalizing revisions to the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC). Also announced by USDA, the final rule enacts numerous changes, including
- Allowing the purchase of white potatoes,
Agricultural Law Weekly Review—September 11, 2023
Antitrust: Federal Court Dismisses Monopsony Claims Against Tyson Fresh Meats 🌾
On August 28, 2023, the U.S. District Court for the Eastern District of Washington issued an order granting Tyson Fresh Meats Inc.’s motion to dismiss a lawsuit filed by a former cattle feeder, Cody Allen Easterday. Easterday v. Tyson Fresh Meats Inc., No. 4:23-cv-05019. Easterday alleged that the company created a monopsony market in the Pacific Northwest where cattle feeders “have no reasonable choice but to contract with [Tyson]” in violation of the Packers and Stockyard Act, the Sherman Antitrust Act, and the Washington Consumer Protection Act. The […]
Agricultural Law Weekly Review—September 4, 2023
WOTUS: EPA and Army Issue ‘Waters of the United States’ Pre-Publication Final Rule 🌾
On August 29, 2023, the U.S. Environmental Protection Agency (EPA), with the U.S. Department of the Army, announced that the agencies had released a pre-publication final rule and regulatory text changes to amend the definition of “Waters of the United States” (WOTUS) in accordance with Sackett v. EPA. According to an accompanying fact sheet released by the agencies, the final rule omits “interstate wetlands” from the “interstate waters” jurisdictional language and “wetlands and streams” from the “additional waters” jurisdictional language; removes the […]
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—Week Ending July 29, 2022
Antitrust: Justice Department Files Complaint and Proposed Consent Decrees in Poultry Plant Worker and Contract Grower Compensation Conspiracy 🌾
On July 25, 2022, the United States Justice Department (DOJ) announced that it filed a civil antitrust complaint in the U.S. District Court for the District of Maryland alleging meat producers Cargill Inc., Cargill Meat Solutions Corporation, Sanderson Farms Inc. and Wayne Farms LLC conspired to suppress worker pay, together with data consulting firm Webber, Meng, Sahl and Company (WMS) and its President, G. Jonathan Meng. Additionally, the DOJ proposed ten-year consent decrees as to all defendants and
Agricultural Law Weekly Review—Week Ending July 15, 2022
Enacted Pennsylvania 2022-23 Budget Includes $25 Million in HPAI Poultry Grower Assistance Grants and $220 Million in New Clean Streams Fund; Last HPAI Quarantine Control Zone Released 🌾
On July 8, 2022, Pennsylvania Governor Tom Wolf signed into law Act No. 1A of 2022, formerly known as Senate Bill 1100, titled the “General Appropriation Act of 2002” and Act No. 54 of 2022, formerly known as House Bill 1421, commonly referred to as the “2022-2023 Fiscal Code Bill,” both of which together provide the primary state fiscal year 2022-23 budget for the Commonwealth of Pennsylvania government. The most succinct summary of […]
Agricultural Law Weekly Review—Week Ending January 14, 2022
COVID-19: Supreme Court Grants Stay of OSHA Workplace Vaccination Rule 🌾
On January 13, 2022, the U.S. Supreme Court granted applications for a stay of the U.S. Department of Labor (DOL) Occupational Safety and Health Administration’s (OSHA) November 5, 2021 COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS) (86 FR 61402). National Federation of Independent Business, et al., v. OSHA et al., Nos. 21A244 and 21A247. The stay will be in effect until the cases are finally concluded in the federal courts. The cases were also remanded back to the Sixth Circuit Court of Appeals for disposition on […]
Agricultural Law Weekly Review – Week Ending September 10, 2021
Antitrust: White House Announces Intent to Address Effects on Consumers, Farmers and Ranchers of Meat Processing Industry Consolidation 🌾
On September 8, 2021, The White House published a policy outline on its official website titled “Addressing Concentration in the Meat-Processing Industry to Lower Food Prices for American Families” and conducted a Press Briefing with Agriculture Secretary Vilsack and National Economic Council Director Brian Deese in support. According to the document and Press Secretary Jen Psaki, the administration will address the following: (a) a “corporate consolidation problem with meat-processing giants;” (b) measures to reduce consumer prices and increase farmer and rancher […]
Agricultural Law Weekly Review – Week Ending May 7, 2021
Chesapeake Bay: EPA Releases Evaluation of Draft Conowingo Watershed Implementation Plan 🌾
On May 6, 2021, the U.S. Environmental Protection Agency (EPA) announced that the agency had completed its evaluation of the draft Conowingo Watershed Implementation Plan (CWIP), which outlines a proposed plan to reduce 6 million pounds of nitrogen and 260,000 pounds of phosphorus added to the Conowingo Dam infill to compensate for the previously miscalculated capacity of the Conowingo Dam and reservoir to trap those nutrients accumulating behind the dam. According to EPA’s evaluation, the draft CWIP targets best management restoration practices “in the most effective […]
Agricultural Law Weekly Review—July 18, 2019
Dairy Policy: PA Milk Marketing Board Proposes Extension to Notice Requirement to Terminate Dealer-Producer Contracts
On July 13, 2019, the Pennsylvania Milk Marketing Board (MMB) published notice in the Pennsylvania Bulletin of a proposed rule to extend the Commonwealth’s dairy dealer-producer contract termination notice requirement from 28 days to 90 days (49 Pa.B. 3606). According to MMB, the proposed extension is to allow dairy producers additional time to secure alternate outlets for their products prior to a termination. The proposed rule, however, does provide dealers with an exception to the 90-day termination notice requirement if the dealer experiences “financial hardship, […]
