Nutrition Programs
Agricultural Law Weekly Review—November 21, 2024
Avian Influenza: USDA Confirms first HPAI in Swine 🌾
On October 30, 2024, the U.S. Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) announced that the agency had confirmed the first detection of highly pathogenic avian influenza (HPAI/H5NI) in swine in the United States, located in an Oregon non-commercial backyard farming operation. According to the announcement, the premises included “a mix of poultry and livestock, including swine” that “shared water sources, housing, and equipment,” which the department states “has enabled transmission between species [in other states].” APHIS states that “the animals were not intended for the commercial […]
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—February 20, 2024
Pesticides/Herbicides: EPA Issues Existing Stocks Order for Three Dicamba Products After Registration Vacatur 🌾
On February 14, 2024, the U.S. Environmental Protection Agency (EPA) issued an existing stocks order for the dicamba-based herbicides XtendiMax, Enginia, and Tavium following vacatur of the herbicides’ registrations. See ALWR—Feb. 13, 2024, “District Court Issues Order Vacating Three Dicamba Registrations.” The order permits the “limited sale and distribution of dicamba [over-the-top] products that were already in the possession of growers or in the channels of trade and outside the control of pesticide companies as of February 6, 2024.” Also announced by EPA, […]
Agricultural Law Weekly Review—September 25, 2023
Pesticides: Federal Court Approves Settlement in 2011 EPA Pesticide Registration Dispute 🌾
On September 12, 2023, the U.S. District Court for the Northern District of California issued an order approving a stipulated settlement agreement between the U.S. Environmental Protection Agency (EPA) and plaintiff environmental groups, resolving a longstanding dispute over EPA’s registration of 382 pesticide active ingredients. Center for Biological Diversity v. Environmental Protection Agency, No. 3:11-cv-00293. Also announced by EPA, the settlement “resolves all outstanding claims” of the “megasuit,” filed in 2011 and partially settled in 2019, “which was ultimately reduced to 35 […]
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—February 13, 2023
Agricultural Labor: Third Circuit Affirms Dismissal of Meatpacking Plant Workers’ Challenge to OSHA Finding of ‘No Imminent Danger’ 🌾
On January 31, 2023, the U.S. Court of Appeals for the Third Circuit issued an opinion affirming the district court’s dismissal of a complaint filed in July 2020—during the initial months of the COVID-19 pandemic—by workers at a Dunmore, Pennsylvania-based meatpacking plant operated by Maid-Rite Specialty Foods, Inc. Jane Doe I v. Eugene Scalia, No. 21-02057; Jane Does I, II, III v. Scalia, No. 3:20-cv-01260 (M.D. Pa.). The workers sought an emergency writ of mandamus to compel the […]
Agricultural Law Weekly Review—Week Ending March 26, 2021
COVID-19: USDA Announces New ‘Pandemic Assistance for Producers’ Initiative 🌾
On March 24, 2021, the U.S. Department of Agriculture announced its new $6 billion financial assistance initiative, USDA Pandemic Assistance for Producers. Combining existing programs with new spending, the initiative aims to resolve disparities in previous assistance distribution through a four-part agenda: 1) $6 billion in Consolidated Appropriations Act and unspent coronavirus funds for new program spending, including assistance for the Dairy Donation Program, biofuels, specialty crops, and farmworker personal protective equipment; 2) $500 million in additional existing program spending, including the Specialty Crop Block Grant Program and […]
Agricultural Law Weekly Review—week ending January 29, 2021
Executive Branch Transition: White House Executive Order Directs Review of Previous Administration Actions, Cancels and Revokes Others
On January 25, 2021, President Biden published in the Federal Register Executive Order (EO) 13990, titled “Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis.” 86 FR 7037 Among other things, the EO directs agency heads to immediately review all agency actions taken between January 20, 2017 and January 20, 2021 that “are or may be inconsistent with, or present obstacles to” the administration’s voluminous policies articulated in the EO. The agency heads shall consider suspending, revising […]
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 23, 2020
Animal Welfare: Ninth Circuit Upholds Denial of Injunction Against California’s Proposition 12
On October 15, 2020, the U.S. Court of Appeals for the Ninth Circuit issued a memorandum disposition affirming the U.S. District Court (USDC) for the Central District of California’s November 22, 2019, denial of a preliminary injunction against California’s Proposition 12. North American Meat Institute, et al. v. Becerra, et al., No. 19-56408. The underlying complaint remains pending before the district court. North American Meat Institute et al. v. Becerra, et al., 2:19-cv-08569. Proposition 12 requires that all pigs, veal calves and egg-laying hens housed in […]
