A comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions HERE.


ANNOUNCEMENT: Mark your calendar for the next Agricultural & Food Law Consortium webinar, Wednesday, September 5th: Be In The Know:  Legal Tips for Your Ag Start-Up. Details available here.


JUDICIAL: 

In JIM JAMISON d/b/a J&S AG SERVICES, Plaintiff-Appellant, v. DARRELL J. CODDINGTON and WENDY CODDINGTON, Defendants-Appellees, No. 17-1674, 2018 WL 3912134 (Iowa Ct. App. August 15, 2018), parties had an oral contract for the purchase of soybean seed and an agreement to custom spray a chemical application to defendant’s crop. Plaintiff sued after defendant failed to pay, but district court found no contract existed and granted summary judgment for defendant. On appeal, plaintiff claimed a contract existed when defendant picked up part of the soybean seed from plaintiff’s storage facility. Plaintiff also alleged a contract was formed when defendant “requested [plaintiff] to send him the billing statement for soybean seed.” Appellate court found that defendant “was not a buyer under the UCC,” and that defendant’s request for an invoice for the cost of crop inputs “was not material to prove a contract.” Affirmed.


REGULATORY: Includes USDA, EPA, FDA, FNS, FS, and RUS rules and notices.

AGRICULTURE DEPARTMENTNotice USDA has submitted the following information collection requirement(s) to OMB for review. Title: Voluntary Recalls of Meat and Poultry Products. Info here.

ENVIRONMENTAL PROTECTION AGENCY:

Rule EPA is taking final action to approve revisions to Idaho’s State Implementation Plan (SIP) submitted by the Idaho Department of Environmental Quality (IDEQ) on March 20, 2018 and April 12, 2018. Info here.

Rule EPA is approving the Kentucky’s request and redesignating the Area to unclassifiable/attainment for the 2012 primary annual PM2.5 NAAQS based upon valid, quality-assured, and certified ambient air monitoring data showing that the PM2.5 monitors in the bi-state Louisville Area are in compliance with the 2012 primary annual PM2.5 NAAQS. Info here.

Rule EPA is approving the submission as meeting the requirement that each SIP contain adequate provisions to prohibit emissions that will contribute significantly to nonattainment or interfere with maintenance of the 2012 annual fine particulate matter national ambient air quality standard in any other state. Info here.

Rule EPA is granting the District of Columbia (the District) final authorization for revisions to its hazardous waste management program under the Resource Conservation and Recovery Act. Info here.

Rule EPA is proposing to approve three state implementation plan (SIP) revisions submitted by the State of California addressing the nonattainment new source review (NNSR) requirements for the 2008 8-hour ozone National Ambient Air Quality Standards. Info here.

Rule proposes amendments to the National Emission Standards for Hazardous Air Pollutants (NESHAP) for Clay Ceramics Manufacturing. Details here.

FOOD AND DRUG ADMINISTRATION:

Rule FDA is announcing the availability of a final guidance for industry entitled “Questions and Answers Regarding Food Facility Registration (Seventh Edition).” The guidance provides updated information relating to the food facility registration requirements in the Federal Food, Drug, and Cosmetic Act (FD&C Act). Info here.

Rule FDA is announcing the availability of a draft guidance for industry entitled “Supplemental Questions and Answers Regarding Food Facility Registration.” This draft guidance is intended to supplement the guidance document entitled “Questions and Answers Regarding Food Facility Registration.” Info here.

FOOD AND NUTRITION SERVICE:

Notice of a revision of a currently approved collection which FNS employs to determine public participation in Special Milk Program for Children. Details here.

Notice seeking comment on a new information collection for the Study of School Food Authority (SFA) Procurement Practices. Details here.

FOREST SERVICE:

Notice FS announces the completion and availability of the comprehensive river management plan for Black Butte Wild and Scenic River, including portions of Cold Creek. Info here.

Notice that the Flat Country Project proposes to thin, reduce the number of trees, and increase the size and structure of the remaining forest over time. Activities proposed include forest management treatments across approximately 5,001 acres, including forest thinning and regenerating harvests. Details here.

RURAL UTILITIES SERVICE: Notice USDA Rural Development will request a revision for a currently approved information collection under Section 6025, Strategic Economic and Community Development (SECD), under the Agricultural Act of 2014 (2014 Farm Bill). Details here.