Pesticides
Agricultural Law Weekly Review—March 26, 2020
Dairy Policy: Dean Foods Bankruptcy Asset Sale Proceeds Without DFA as Pre-Negotiated Opening Bidder
On March 19, 2020, a hearing was conducted in the Dean Foods Chapter 11 bankruptcy, pending in the U.S. Bankruptcy Court for the Southern District of Texas, Case #19-36313, on a motion filed by Debtor Southern Foods Group, LLC and forty-two affiliated companies (Dean Foods) to amend the February 17, 2020, “Bidding Procedures for Sale of Debtors’ Assets” Order. That Order established dairy producer cooperative Dairy Farmers of America, Inc. (DFA) as what is referred to in bankruptcy terminology as a “Stalking Horse Bidder” whose bid […]
Agricultural Law Weekly Review—February 13, 2020
National Agricultural Policy: USDA Inspector General Confirms Investigation of Trade Aid Package
On February 11, 2020, USDA Inspector General Phyllis K. Fong confirmed during testimony before the U.S. House of Representatives Committee on Appropriations’ Subcommittee on Agriculture that her office is conducting an investigation of the legal authority and administration of the so-called “Trade Aid Packages” for 2018 and 2019. The trade aid packages were undertaken by USDA pursuant to Section 5 of the Commodity Credit Corporation (CCC) Charter Act of 1948, 15 U.S.C. 714 et seq., to compensate agricultural producers for lost revenue due to Chinese tariff retaliation and trade […]
Agricultural Law Weekly Review—February 6, 2020
Pesticides: EPA Issues Interim Glyphosate Registration Review Decision
On February 3, 2020, the U.S. Environmental Protection Agency (EPA) published notice of the availability of EPA’s interim registration review decision for glyphosate under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). According to EPA’s decision, glyphosate is “not likely to be carcinogenic to humans.”
- FIFRA requires that a federal pesticide registration be reviewed at least every 15 years to ensure the pesticide performs its intended function without “unreasonable adverse effects on the environment,” measured as “any unreasonable risk to man or the environment” or the existence of “a human dietary risk from […]
Agricultural Law Weekly Review —December 19, 2019
International Trade: United States and China Reach “Phase One” Trade Agreement
On December 13, 2019, the White House announced a “Phase One trade deal” with China that requires “changes to China’s economic and trade regime,” including agricultural trade, and “a commitment by China to make substantial additional purchases of U.S. goods in the coming years.” However, no specific details have yet been provided in writing by either the White House or the Office of the United States Trade Representative (USTR). The text of a Fact Sheet on the USTR website […]
Agricultural Law Weekly Review – November 14, 2019
Dairy Policy: Dean Foods Files Chapter 11 Bankruptcy Petition and Discloses Sale Negotiations to Dairy Farmers of America
On November 12, 2019, Southern Foods Group, LLC d/b/a Dean Foods, and forty-two (42) affiliated companies (collectively referred to as “Dean”) filed Chapter 11 reorganization bankruptcy petitions in the U.S. Bankruptcy Court for the Southern District of Texas, Houston Division. All of the bankruptcy proceedings are being jointly administered under Case No. 19-36313. The firm of Epiq Corporate Restructuring, LLC, is retained as Dean’s bankruptcy administrative agent and maintains a website disseminating all legally-required public information about the proceedings, including the court dockets and […]
Agricultural Law Weekly Review – October 31, 2019
Industrial Hemp/Cannabis: USDA Releases Interim Final Rule for Domestic Hemp Production
On October 29, 2019, USDA publicly announced and released the text of its interim regulations governing domestic hemp production. The interim final rule implements Section 10113 of the 2018 Farm Bill and various new sections of the Agricultural Marketing Act of 1946, which it amended. Once published in the Federal Register, the rule will be immediately effective and expire after two years. In the meantime, there will be a 60-day comment period and thereafter USDA anticipates issuing its final rule. The rule adds new part 990 (“Domestic Hemp Production”) to 7 CFR. As stated […]
Agricultural Law Weekly Review – October 24, 2019
Agricultural Law Weekly Review – October 17, 2019
Agricultural Law Weekly Review—August 29, 2019
Checkoff Programs: Court Dismisses Challenge Regarding Use of Pork Checkoff Funds
On August 23, 2019, the U.S. Court of Appeals, District of Columbia Circuit dismissed a lawsuit alleging that the government improperly used funds collected under the pork checkoff program (Humane Society of the United States v. Perdue, No. 18-5188). Under the Pork Promotion, Research, and Consumer Information Act, the government may collect “assessments” from producers for the purpose of “strengthen[ing] the position of the pork industry in the marketplace.” Known as “checkoffs,” these assessments are paid by producers to the National Pork Board (Board) who in turn uses the […]
Agricultural Law Weekly Review—August 15, 2019
Pesticides: EPA Will Not Approve Labels Asserting that Glyphosate Causes Cancer
On August 8, 2019, the U.S. Environmental Protection Agency (EPA) issued a press release stating that the agency “will no longer approve product labels claiming glyphosate is known to cause cancer.” According to EPA, such claims are false and as such do “not meet the labeling requirements of the Federal Insecticide, Fungicide, and Rodenticide Act.” EPA’s statement is a direct reaction to California’s Proposition 65 which requires an established list of chemicals determined by the state to “cause cancer, birth defects or other reproductive harm.” If a chemical is on the list, […]
