A comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions HERE.

JUDICIAL: Constitutional Law & Bankruptcy

In Turtle Island Foods SPC v. Strain, No. CV 20-00674-BAJ-EWD, 2022 WL 909039 (M.D. La. Mar. 28, 2022), the plaintiff challenged the constitutionality of Louisiana’s the Truth in Labeling of Food Products Act. The court found that plaintiff had standing to challenge the Act because they had demonstrated a serios intent to engage in proscribed conduct, the desired conduct was proscribed by the Act, and the threat of future enforcement was substantial. The court then applied the Central Hudson test to determine whether the act impermissibly restricted commercial speech. The court found that the Act did impermissibly restrict commercial speech because the speech at issue was not misleading and the Act was more extensive than necessary to further the government’s interest.

In IN RE: EXPRESS GRAIN TERMINALS, LLC DEBTOR, No. 21-11832-SDM, 2022 WL 1051097 (Bankr. N.D. Miss. Apr. 7, 2022), the court considered whether the State of Mississippi could revoke the business debtors’ licenses. The court found that the State of Mississippi had met its burden and satisfied the public policy test and was allowed to issue an order revoking the licenses of the debtors’ as an exception to the automatic stay that was in place.

LEGISLATIVE: Includes Virginia

VIRGINIA

SB 146 provides that regulations adopted by the State Board of Health shall not require an establishment that sells only prepared food to have a certified food protection manager on site during all hours of operation. Info here.

REGULATORY: FSIS

FOOD SAFETY AND INSPECTION SERVICE

Notice announcing that FSIS intends to reestablish the National Advisory Committee on Meat and Poultry Inspection and its charter. Info here.