A comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions to: camarigg at uark.edu


JUDICIAL:

BARRY A. COHEN, Plaintiff, v. KIND L.L.C., Defendant., No. 15-MC-2645 (WHP), 2016 WL 4987165 (S.D.N.Y. Sept. 15, 2016) concerned removal jurisdiction issues. Plaintiff filed suit against KIND L.L.C., alleging defendant’s labeling of its food as “healthy” and “all natural” deceived consumers and violated Ohio Consumer Sales Practices Act. Defendant, asserting diversity jurisdiction, removed to Northern District of Ohio. Plaintiff moved to remand to Cuyahoga County Court of Common Pleas. Appellate court noted this case presented “a rare procedural oddity: that before the remand motion was decided, the case was transferred to a circuit that interprets the amount-in-controversy requirement differently from the transferor court.” The court further reasoned that, “In view of Plaintiff’s argument . . . that he lacks federal standing because he has no intention of purchasing KIND bars again, this Court cannot conclude with certainty that jurisdiction would exist in any federal court.” Court concluded that “Second Circuit law forecloses federal subject matter jurisdiction,” and remanded case to Ohio state court.


REGULATORY: Includes APHIS, CCC, FWS, FDA and NOAA rules and notices. 

ANIMAL AND PLANT HEALTH INSPECTIONS SERVICE:

Rule We are extending the comment period for our proposed rule to amend the horse protection regulations to provide that the Animal and Plant Health Inspection Service will train and license inspectors to inspect horses at horse shows, exhibitions, sales, and auctions for compliance with the Horse Protection Act. Details here.

Notice We are giving notice that the Secretary of Agriculture intends to reestablish the Secretary’s Advisory Committee on Animal Health for a 2-year period. Info here.

COMMODITY CREDIT CORPORATION: Rule This final rule amends the regulations used to administer the Facility Guarantee Program (FGP). Details here.

FISH AND WILDLIFE SERVICE:

Rule FWS announces a 12-month finding on a petition to list the rusty patched bumble bee as endangered or threatened under the Endangered Species Act. Info here.

Rule FWS determines endangered status under the Endangered Species Act of 1973 for two endemic American Samoan land snails, the American Samoa distinct population segment of the friendly ground-dove, the Pacific sheath-tailed bat, and the mao. Info here.

FOOD AND DRUG ADMINISTRAITON: Notice (FDA or Agency) is announcing the availability of a guidance for industry #233 entitled “Veterinary Feed Directive Common Format Questions and Answers.” FDA had received comments requesting that we require a uniform Veterinary Feed Directive (VFD) form. Info here.

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION:

Rule NMFS is prohibiting retention of shortraker rockfish in the Central Regulatory Area of the Gulf of Alaska. Details here.

Rule NMFS announces its approval of a transfer of a portion of the 2016 commercial bluefish quota from the State of New Jersey to the State of New York. Info here.

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