A comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions to: camarigg at uark.edu
JUDICIAL:
Ctr. for Food Safety v. Vilsack, No. 15-CV-01590-HSG, 2016 WL 4698901 (N.D. Cal. Sept. 8, 2016) involved a USDA notice changing the review process for deciding which substances can be used in food certified as “organic” under the Organic Foods Production Act (OFPA). OFPA requires USDA to establish a “National List” of substances allowed in organic products. Plaintiffs allege with the new review procedures, a two-thirds vote is now required to remove a substance from the National List. Plaintiffs sought an order vacating the new rule, contending USDA issued the rule “without providing the public the opportunity for notice and comment and acted in an arbitrary and capricious manner in violation of OFPA.” Plaintiffs contended that the “Sunset Notice violates OFPA because it allows substances to remain on the National List without full board review, without a decisive vote to renew, and without renewal by the Secretary.” With respect to the OFPA cause of action, plaintiffs demonstrated specific substances remained in organic production because of the revised procedures, warranting further review of their allegations. Defendant’s motion to dismiss denied.
LEGISLATIVE:
MEETING: Senate Committee on Agriculture, Nutrition, and Forestry. Hearings to examine the nominations of Christopher James Brummer, of the District of Columbia, and Brian D. Quintenz, of the District of Columbia, both to be a Commissioner of the Commodity Futures Trading Commission. September 15 at 10 a.m. Location: SR-328A.
REGULATORY: Includes AMS, EPA, FDA, FS, and NOAA rules and notices.
AGRICULTURAL MARKETING SERVICE: Notice USDA will submit information collection requirement(s) to OMB for review and clearance. Title: Livestock, Poultry, and Grain Market News. Info here.
ENVIRONMENTAL PROTECTION AGENCY: Rule the Comprehensive Environmental Response, Compensation, and Liability Act (`CERCLA) requires that the National Oil and Hazardous Substances Pollution Contingency Plan include a list of national priorities among the known releases or threatened releases of hazardous substances, pollutants or contaminants throughout the United States. Details here.
FOOD AND DRUG ADMINISTRATION:
Notice FDA announces availability of a revised draft guidance for industry entitled “Health Document Submission Requirements for Tobacco Products.” Info here.
Notice FDA announces availability of a draft guidance for industry entitled “Substantiation for Structure/Function Claims Made in Infant Formula Labels and Labeling.” Details here.
FOREST SERVICE:
Notice In accordance with NEPA, the Bureau of Land Management (BLM) and the U.S. Department of Agriculture, Forest Service, Caribou-Targhee National Forest, have prepared a Final Environmental Impact Statement for the proposed Rasmussen Valley Phosphate Mine. Details here.
Notice The USDA, Forest Service, White River National Forest, is withdrawing the August 18, 2016, Federal Register notice which announced their intent to prepare an Environmental Impact Statement in accordance with the National Environmental Policy Act, 42 U.S.C. 4321 (NEPA), to analyze Berlaimont Estates LLC’s application for an easement to improve access to their 680-acre private inholding within the White River National Forest to the north of Interstate 70 in the vicinity of Edwards, Colorado. Info here.
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION:
Notice NMFS announces a conference call of the General Advisory Committee to the U.S. Section to the Inter-American Tropical Tuna Commission and the Scientific Advisory Subcommittee to the GAC on September 23, 2016. Info here.
Notice the Gulf of Mexico Fishery Management Council will hold a meeting via webinar of its Data Collection Technical Committee. Info here.
Notice the Mid-Atlantic Fishery Management Council’s Northeast Trawl Advisory Panel will hold a meeting on Thursday, September 29, 2016. Details here.