Agricultural Law Weekly Review
The Agricultural Law Weekly Review provides an update of recent agricultural law developments from local, state, national, and international levels. Subscribe for updates.
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 22, 2019
Right to Farm Laws: Missouri CAFO Closes Following Nuisance Lawsuits
On August 19, 2019, Valley Oaks Steak Co. announced that the Missouri-based company was closing operations due to numerous lawsuits following a proposed expansion of a concentrated feeding operation (CAFO). Previously, on July 30, 2019, the law firm of Humphrey, Farrington & McClain (HFM) announced that 141 property owners had filed suit in the Jackson County Circuit Court regarding a proposed CAFO expansion located in Lone Jack, Missouri. According to HFM, the CAFO—which is owned by Valley Oaks Steak Co.—has been in operation since 2016. HMF stated that Valley Oaks Steak Co. was seeking […]
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, […]
Agricultural Law Weekly Review—August 8, 2019
Pesticides: California Couple Agrees to Reduced Roundup Damage Award
On July 26, 2019, Plaintiffs Alva and Alberta Pilliod agreed to reduce a jury award from over $2 billion to over $86 million for alleged harm caused by Monsanto Company’s glyphosate-based weed killer Roundup (Pilliod, et al. v. Monsanto Company, et al. Case No RG17862702). The Pilliods alleged that exposure to Roundup caused them both to develop non-Hodgkin’s lymphoma. On May 13, 2019, a California jury found that Monsanto Company’s actions regarding its product Roundup entitled Mr. Pilliod to over $37 million for economic and noneconomic loss and $1 billion in punitive […]
Agricultural Law Weekly Review—August 1, 2019
Food Labeling: Plant-Based Food Company Brings Suit Challenging Arkansas Meat Labeling Law
On July 22, 2019, Tofurky Co., a producer of plant-based food products, brought suit in the Eastern District of Arkansas alleging that the Arkansas law prohibiting the labeling of plant or cell-based products as “meat” violates the Free Speech Clause of the First Amendment to the U.S. Constitution. (Tofurky v. Soman, No. 4:19-cv-514-KGB). Under Arkansas Act 501, the term ‘meat’ is defined as “a portion of a livestock, poultry, or cervid carcass that is edible by humans.” The law further states that the term “‘meat’ does […]
Agricultural Law Weekly Review—July 25, 2019
Pesticides: Court Reduces Jury Award in Roundup Case
On July 17, 2019, the U.S. District Court for the Northern District of California reduced a jury damage award regarding the herbicide Roundup from over $80 million to over $25 million (Hardeman v Monsanto Company, 3:16-cv-00525). Previously, a jury found that plaintiff Edwin Hardeman’s non-Hodgkin’s lymphoma was caused by Monsanto’s glyphosate-based herbicide Roundup. According to the jury, Monsanto had negligently failed to warm Mr. Hardeman of the risks associated with Roundup. As a result, Mr. Hardeman was awarded $5,267,634.10 in compensatory damages and $75,000,000 in punitive damages. The court ruled, however, that while “[t]he […]
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, […]
Agricultural Law Weekly Review—July 11, 2019
Farmland Preservation: PA Governor Approves Agricultural Conservation Easement Legislation
On July 1, 2019, Pennsylvania Governor Tom Wolf approved legislation amending the Commonwealth’s Agricultural Area Security Law (AASL) to allow landowners to voluntarily surrender the right to construct an additional residence on land subject to a conservation easement (HB 370). Previously, AASL stated that a conservation easement “shall not prevent…[c]onstruction and use of structures on the subject land for the landowner’s principal residence or for the purpose of providing necessary housing for seasonal or full-time employees: Provided, That only one such structure may be constructed on no more than […]
Agricultural Law Weekly Review—July 4, 2019
Agricultural Policy: Seven Pennsylvania Agricultural Bills Become Law
On July 1, 2019, Pennsylvania Governor Tom Wolf approved seven different agricultural bills into law.
First, HB 1514 revised and re-established the existing Healthy Farms Healthy Schools program into the PA Farm-to-School Program. Now known as Act 34, the legislation seeks to educate students in pre-kindergarten through fifth grade about agriculture and “the importance of choosing healthy, locally produced foods.”
Second, HB 1516 created the Pennsylvania Rapid Response Disaster Readiness Account. Now known as Act 35, the legislation seeks to provide emergency funds to enable the PA Department of Agriculture to quickly respond […]
Agricultural Law Weekly Review—June 27, 2019
Food Policy: SCOTUS Rules USDA Does Not Need to Disclose Certain SNAP Information Under FOIA
On June 24, 2019, the U.S. Supreme Court held that under the Freedom of Information Act (FOIA), the U.S. Department of Agriculture (USDA) does not need to disclose certain private commercial or financial information from retail stores that participate in the Supplemental Nutrition Assistance Program (SNAP) (Food Marketing Institute v. Argus Leader Media, Docket No. 18-481). Previously, Argus Leader Media filed a FOIA request seeking the names and addresses of all retail stores that participated in SNAP for fiscal years 2005 through 2010. Additionally, […]
