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


JUDICIAL: 

In PENN BROTHERS PARTNERSHIP; and JAMES M. PENN and JOSEPH H. PENN, as Partners in Penn Brothers Partnership PLAINTIFFS v. KBX, INC., et al. DEFENDANTS, No. 3:17CV00251 JLH, 2018 WL 587840 (E.D. Ark. January 29, 2018), a group of farmers sued defendant for money due for the sale of grain to Turner Grain company, an alleged agent of defendant. Plaintffs alleged violations of the Food Security Act, claiming defendant “received rice that was subject to a security interest in favor of Commodity Credit Corporation, [and] that K.B.X. had notice of the security interest pursuant to the Food Security Act.” Defendant argued plaintiff’s Food Security Act claims should be dismissed because “plaintiffs lack standing to assert the security interest of Commodity Credit Corporation.” Court reasoned the lien in question “was granted to protect Commodity Credit Corporation, not the plaintiffs: it was to insure that Commodity Credit Corporation got paid when the plaintiffs sold their grain, not to insure that the plaintiffs got paid.” Plaintiffs’ Food Security Act claim was dismissed.


LEGISLATIVE:

H.R. 4904: To direct the Secretary of Agriculture to allow producers to file a one-time program contract for certain programs. Text is now available.

H.R. 4910: To amend title 38, United States Code, to provide outer burial receptacles for remains buried in National Parks. Text is now available.


REGULATORY:  Includes EPA, FWS, FSIS, NOAA, and EHS rules and notices. 

ENVIRONMENTAL PROTECTION AGENCY:

Rule EPA is approving a State Implementation Plan (SIP) revision submitted by the state of Indiana on March 30, 2016. Details here.

Rule EPA is approving elements of the State Implementation Plan (SIP) submission from Ohio regarding the infrastructure requirements of section 110 of the Clean Air Act for the 2012 annual fine particulate matter National Ambient Air Quality Standard. Info here.

Rule EPA is proposing to take four actions regarding the Georgia State Implementation Plan. Details here.

FISH AND WILDLIFE SERVICE:

Rule FWS will establish the 2018-19 hunting regulations for certain migratory game birds. Info here.

Notice the North American Wetlands Conservation Council will meet via teleconference to select U.S. small grant proposals for reporting to the Migratory Bird Conservation Commission under the North American Wetlands Conservation Act. Info here.

FOOD SAFETY AND INSPECTION SERVICE: Notice FSIS is announcing its intention to renew an approved information collection regarding the regulatory requirements for mechanically tenderized beef products. There are no changes to the existing information collection. Info here.

NATIONAL OCEANIC AND ATMOSPHERIC ADMININSTRATION:

Rule NOAA is implementing specifications for the 2018 Atlantic deep- sea red crab fishery, including an annual catch limit and total allowable landings limit. Details here.

Rule announces inseason changes to management measures in the Pacific Coast groundfish fisheries. Info here.

Rule NMFS proposes to implement management measures described in Regulatory Amendment 4 to the Fishery Management Plan for Spiny Lobster in the Gulf of Mexico and South Atlantic. Info here.

Notice NOAA operates a direct loan program to assist in financing certain actions relating to commercial fishing vessels, shoreside fishery facilities, aquaculture operations, and individual fishing quotas. Info here.

Notice that in its 2017 review of NOAA Fisheries’ Marine Recreational Information Program (MRIP), the National Academies of Sciences, Engineering, and Medicine, also known as the National Academies, recommended the program enhance its communications and outreach activities, particularly among the recreational fishing community. MRIP is taking an objective, research-based approach to doing so. Details here.

RURAL HOUSING SERVICE:

Notice announces the Rural Housing Service’s intention to request a revision of a currently approved information collection in support of the Rural Community Development Initiative (RCDI) grant program. Details here.

Notice RHS announces the intention of the above-named Agency to request a revision of a currently approved information collection in support of the Community Facilities Grant Program. Info here.