A comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions to: camarigg at uark.edu
Richter v. Prairie Farms Dairy, Inc., 2016 IL 119518, involves the termination of a cooperative milk marketing agreement after farmers temporarily stop farming. The case is remanded for further proceedings.
Bruhn Farms Joint Venture v. Fireman’s Fund Ins. Co., No. 15-2202, 2016 WL 2997532 (8th Cir. May 25, 2016) involved an insurance dispute over the “adjusted value of hail-damaged crops.” The defendant, an insurance company, was initially granted summary judgment because they followed NCIS guidelines in determining an amount of loss. However, appellate court reversed grant of summary judgment and concluded actions by insurance adjusters raised issues of bad faith for a jury to consider.
In State ex rel. Dir., Ohio Dep’t of Agric. v. Forchione, 2016-Ohio-3049, the Director of the Ohio Department of Agriculture sought a writ of prohibition preventing a judge from exercising jurisdiction after he ordered the return of animals seized pursuant to the Dangerous Wild Animals and Restricted Snakes Act to their owner. The court held that the judge lacked jurisdiction and that director of the ODA had “exclusive authority” to order removal of wild animals being held without a permit.
S. 2012: Energy Policy Modernization Act of 2016. This bill was passed by Congress on May 25 and now goes to the President.
H.R. 496: Alabama Hills National Scenic Area Establishment Act. This bill’s text passed the House May 23 and is available here.
H.R. 5303: Water Resources Development Act of 2016. The committees assigned to this bill sent it to the House or Senate as a whole for consideration on May 25.
H.R. 5334: To provide for the issuance of a semipostal to benefit programs that combat invasive species. This bill was referred to the House Committee on Agriculture, House Committee on Natural Resources, and one other committee for review before sending it to the House. Sponsor: Rep. Elise Stefanik [R-NY21].
S.J.Res. 28: A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Secretary of Agriculture relating to inspection of fish of the order Siluriformes. Joint Resolution Passed 55/43.
H.Res. 754: Expressing the commitment of the House of Representatives to work to combat the nationwide problem of invasive species threatening native ecosystems. This resolution was referred to the House Committee on Agriculture, House Committee on Natural Resources, and one other committee for review before it goes to the House. Sponsor: Rep. Elise Stefanik [R-NY21].
H.Amdt. 1089 (McNerney) to H.R. 5055: An amendment to strike General Provisions, Department of the Interior, related to California state water projects. Failed 169/247.
AGRICULTURAL MARKETING SERVICE: Rule that the January 1, 2016 Rule re: Irish Potatoes Grown in Colorado is corrected and reinstated. Info here.
AGRICULTURAL RESEARCH SERVICE:
Notice ARS will grant Terra Blue, Inc. an exclusive license to “High Performance Nitrifying Sludge for High Ammonium Concentration and Low Temperature Wastewater Treatment,” and “High Performance Nitrifying Sludge for High Ammonium Concentration and Low Temperature Wastewater Treatment.” Info here.
Notice ARS will grant Children’s National Medical Center of Washington, DC an exclusive license to “Solution Blow Spinning.” Info here.
Notice ARS will grant to Barenbrug USA of Tangent, Oregon, an exclusive license to the variety of smooth bromegrass described in Plant Variety Protection Certificate Application Number 201500221, “Artillery”, filed on December 17, 2014. Info here.
FOOD AND DRUG ADMINISTRATION: Notice that guidance is now available advising the industry of FDA’s view that sweeteners derived from sugar cane should not be declared “evaporated cane juice.” Info here.
FOOD AND NUTRITION SERVICE:
Notice that FNS has submitted information collection requirement(s) to OMB for review and clearance under the Paperwork Reduction Act of 1995. Info here.
Notice FNS amends its final results re: weighted-average dumping margins for QVD and Separate-Rate Applicants on frozen fish fillets from Vietnam. Info here.
NATIONAL AGRICULTURAL STATISTICS SERVICE: Notice announcing intention of NASS to request revision and extension of the Nursery Production Survey and the Nursery and Floriculture Chemical Use Survey.