A comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions to: camarigg at uark.edu
JUDICIAL:
In Page v. Haun, No. 114,469, 2016 WL 4500559 (Kan. Ct. App. Aug. 26, 2016), plaintiffs sued defendants for damages arising from their relationship as co-owners and members of Big Drive Cattle, L.L.C.. Plaintiffs alleged defendants made business decisions against the interest of the LLC and its members and cattle owners. Trial court granted defendants summary judgment, ruling plaintiffs were either barred by the statute of limitations or lacked standing. Appellate court applied the applicable 2-year time limit under which plaintiffs could bring their suit and found that “uncontroverted facts prove all of (plaintiffs’) injuries related to cattle and corn losses were reasonably ascertainable” beyond the 2-year time limit. Appellate court also found “no genuine issue of material fact.” Summary judgment for defendants upheld.
REGULATORY: Includes AMS, APHIS, EPA, FDA, FS, GIPSA, NOAA, and RUS rules and notices.
AGRICULTURAL MARKETING SERVICE:
Rule inviting comments on revising the time frame for continuance referenda under the Softwood Lumber Research, Promotion, Consumer Education and Industry Information Order. Details here.
Notice announcing the availability of an interim instruction document intended for use by accredited certifying agents. Info here.
ANIMAL AND PLANT HEALTH INSPECTION SERVICE:
Rule proposing to amend the regulations concerning the importation of fruits and vegetables to allow the importation of fresh persimmon with calyxes from Japan into the United States. Details here.
Rule amending the Virus-Serum-Toxin Act regulations regarding the packaging and labeling of veterinary biological products to provide for the use of an abbreviated true name on small final container labeling for veterinary biologics. Details here.
ENVIRONMENTAL PROTECTION AGENCY:
Rule establishing a temporary exemption from the requirement of a tolerance for residues of the Citrus tristeza virus expressing spinach defensin proteins 2, 7, and 8 alone or in various combinations on citrus fruit when used as a microbial pesticide in accordance with the terms of Experimental Use Permit No. 88232-EUP-2. Info here.
FOOD AND DRUG ADMINISTRATION:
Notice FDA is extending the comment periods for the Draft Guidance entitled, “Voluntary Sodium Reduction Goals: Target Mean and Upper Bound Concentrations for Sodium in Commercially Processed, Packaged, and Prepared Foods” that appeared in the Federal Register of June 2, 2016. Info here.
Notice soliciting comments on the information collection provisions of our regulations mandating the application of hazard analysis and critical control point principles to the processing of fruit and vegetable juices. Info here.
FOREST SERVICE: Notice the Ketchikan Resource Advisory Committee will meet in Ketchikan, Alaska. Info here.
GRAIN INSPECTION, PACKERS AND STOCKYARDS ADMINISTRATION:
Notice announcing GIPSA will request approval from the Office of Management and Budget for an extension of a currently approved information collection in support of the reporting and recordkeeping requirements under the “Clear Title” regulations as authorized by Section 1324 of the Food Security Act of 1985. Info here.
Notice the designation of the D.R. Schaal Agency, Inc. will end on September 30, 2016. Details here.
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION: Rule NMFS implements accountability measures for commercial blueline tilefish in the exclusive economic zone of the South Atlantic. Info here.
RURAL UTILITIES SERVICE: Notice RUS has submitted information collection requirement(s) to Office of Management and Budget for review and clearance. Title: Preloan Procedures and Requirements for Telecommunications Program. Info here.