A comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions HERE.
JUDICIAL: Food Law, Zoning
In Leroy Jacobs, individually & on behalf of all others similarly situated Plaintiff, v. Whole Foods Mkt. Grp., Inc., Defendant., No. 22 C 2, 2022 WL 3369273 (N.D. Ill. Aug. 16, 2022), plaintiff argued that the defendant violated the consumer protection statutes by selling tis private label “Long Grain & Wild Rice – Rice Pilaf,” in boxes that were larger than necessary. The court found that the unambiguous, conspicuous, and accurate information specific to the question of product yield, coupled with the “net weight and quantity” disclosures printed on the box, conclusively dispelled any reasonable misunderstanding a consumer might have based on box size about the amount of rice pilaf they can make with a box of uncooked product. The court dismissed all of plaintiff’s claims.
In LORI HERRON, Petr., v. TOWN OF JAMESTOWN, Respt., 2022-NCCOA-566 (N.C. App. Aug. 16, 2022), the court considered whether potbellied pigs kept as pets, and not for commercial use, were exempt from a local ordinance prohibiting residents from keeping livestock, including swine. Plaintiff argued that the trial court failed to acknowledge the ambiguity of the term “livestock” in the Town’s ordinances; the trial court failed to consider that the Town sought to prohibit only “agricultural production” activities within the residential district; and the trial court failed to consider that her land use could have been permitted as an existing non-conforming use. The court of appeals affirmed the trial court.
REGULATORY: AMS, EPA, FSA, FWS, NOAA
AGRICULTURAL MARKETING SERVICE
Final rule implementing a recommendation from the California Olive Committee to decrease the assessment rate established for the 2022 fiscal year and subsequent fiscal years. Info here.
Notice announcing revisions to the 2022/2023 rates for Federal and State Audit Services provided by the Specialty Crop Program. Info here.
ENVIRONMENTAL PROTECTION AGENCY
Notice announcing the availability of EPA’s revised proposed interim registration review decision and opens a 60-day public comment period on the revised proposed interim decision for 1,3-dichloropropene (1,3-D). Info here.
Notice announcing the availability of EPA’s revised human health and draft ecological risk assessments for the registration review of dicamba. Info here.
FARM SERVICE AGENCY
Notice announcing FSA is amending the definition of “income derived from farming, ranching, and forestry operations” for the Emergency Livestock Relief Program and the Emergency Relief Program and clarifying policy around the filing of certifications of average adjusted gross farm income. Info here.
FISH AND WILDLIFE SERVICE
Proposed rule proposing to list magnificent ramshorn (Planorbella magnifica), a freshwater snail species from southeastern North Carolina, as an endangered species and to designate critical habitat for the species under the Endangered Species Act. Info here.
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
Notice that NOAA/NMFS has issued two incidental harassment authorizations to the U.S. Army Corps of Engineers—Portland District to incidentally harass, by Level A and Level B harassment only, marine mammals during construction activities associated with a Tillamook South Jetty Repairs in Tillamook Bay, Oregon. Info here.