A comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions to: camarigg at uark.edu
Ctr. for Envtl. Health v. McCarthy, No. 15-CV-02939-WHO, 2016 WL 3541021 (N.D. Cal. June 29, 2016) concerned EPA’s regulation of pesticides under the Federal Insecticide, Fungicide, and Rodenticide Act. Act requires active, but not intert, ingredients be disclosed on pesticide labels. Plaintiffs implored EPA to require the disclosure of 371 inert ingredients on the labels of pesticide products, but court held EPA is not required to disclose the inert ingredients and the agency’s decision to “pursue non-rulemaking alternatives to address the issue is not arbitrary or capricious.” EPA’s motion for summary judgment granted.
LEGISLATIVE: Includes Sea Grant, food waste, commodity trading, and wetland issues.
S. 2328: National Sea Grant College Program Amendments Act of 2015. Bill passed by Congress on June 29, 2016 and now goes to the President.
S. 3108: A bill to decrease the incidence of food waste, and for other purposes. This bill was referred to the Senate Committee on Agriculture, Nutrition, and Forestry which will consider it before sending it to the Senate floor for consideration. Sponsor: Sen. Richard Blumenthal [D-CT].
S. 3118: A bill to amend the Commodity Exchange Act to clarify which fees the Commodity Futures Trading Commission may assess and collect, and for other purposes. Bill referred to the Senate Committee on Agriculture, Nutrition, and Forestry for review before it goes to the Senate floor for consideration. Sponsor: Sen. Elizabeth Warren [D-MA].
H.R. 5592: Derivatives Oversight and Taxpayer Protection Act. This bill’s text is now available.
H.R. 5605: Wetland Determinations Efficiency and Transparency Act. This bill’s text is now available.
MEETING: House Committee on Agriculture – “Past, Present, and Future of SNAP: Evaluating Error Rates and Anti-Fraud Measures to Enhance Program Integrity.” July 6, 10 a.m. in LHOB 1300.
REGULATORY: Includes USDA, APHIS, EPA, FDA, and FAS rules and notices.
AGRICULTURE DEPARTMENT: Notice that Forest Supervisor for the Tongass National Forest, Alaska Region, has prepared a final EIS and draft Record of Decision for the Tongass National Forest Land and Resource Management Plan Amendment. Details here.
ANIMAL AND PLANT HEALTH INSPECTION SERVICE:
Rule proposing to amend regulations governing importation of certain animals, meat, and other animal products by allowing importation of bone-in ovine meat from Uruguay. Details here.
Notice APHIS will request a revision to and extension of approval of an information collection associated with regulations for the importation of fruit from Thailand. Info here.
Notice APHIS will request an extension of approval of an information collection associated with regulations for use of irradiation as a phytosanitary treatment of imported fruits and vegetables. Info here.
ENVIRONMENTAL PROTECTION AGENCY: Rule establishing exemptions from the requirement of a tolerance for residues of pentaerythritol tetrakis. Details here.
FOOD AND DRUG ADMINISTRATION:
Notice FDA extends comment period for notice announcing availability of a draft guidance for industry entitled “Inorganic Arsenic in Rice Cereals for Infants: Action Level.” Details here.
Notice extending comment period for notice entitled “Risk Assessment of Foodborne Illness Associated With Pathogens From Produce Grown in Fields Amended With Untreated Biological Soil Amendments of Animal Origin.” Details here.
Notice announcing availability of a guidance for industry entitled “FDA’s Policy on Declaring Small Amounts of Nutrients and Dietary Ingredients on Nutrition Labels: Guidance for Industry.” Info here.
Rule proposing establishing requirements for electronic filing of entries of FDA-regulated products in the Automated Commercial Environment. Details here.
FOREIGN AGRICULTURAL SERVICE: Rule establishing rules governing award of funds by FAS to recipients under the USDA Local and Regional Food Aid Procurement Program. Info here.