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

JUDICIAL: Food Law

In California Chamber of Com. v. Council for Educ. & Rsch. on Toxics, 29 F.4th 468 (9th Cir. 2022), the court considered a preliminary injunction that would prevent enforcement of California Prop. 65’s warning requirements as it applied to acrylamide in food products. The district court granted the plaintiffs motion for preliminary injunction and defendant’s Council for Education and Research on Toxics (CERT) appealed. The court reviewed the claims likelihood of success on the merits. The court found that the district court did not abuse its discretion when it found that the compelled disclosure requirement was unduly burdensome. The court found that the district court had not abused its discretion for any of their findings when granting the preliminary injunction and affirmed the district courts holding.

REGULATORY: AMS, EPA, NOAA

AGRICULTURAL MARKETING SERVICE

Final rule changing the approved data sources used to determine the number of National Potato Promotion Board seats, expanding the payment methods used to remit assessments to include electronic submission, and updating the table of Harmonized Tariff Schedule of the United States codes and assessment rates for imported potatoes and potato products. Info here.

ENVIRONMENTAL PROTECTION AGENCY

Final rule codifying product performance data requirements to support registration of pesticidal products claiming efficacy against three categories of invertebrate pests: Those identified to be of significant public health importance ( e.g., ticks, mosquitoes, cockroaches, etc.), wood-destroying insects ( e.g., termites), and certain invasive invertebrate species ( e.g., Asian longhorned beetle). Info here.

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

Notice that NOAA/NMFS has issued two incidental harassment authorizations to BNSF Railway to incidentally harass marine mammals over 2 years during construction associated with the Railway Bridge Heavy Maintenance Project in King County, Washington. Info here.

Final rule issuing a regulation to govern the unintentional taking of marine mammals incidental to conducting aircraft operations, lighthouse renovation, light maintenance activities, and tour operations on the St. George Reef Lighthouse Station on Northwest Seal Rock over the course of five years. Info here.