A comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions HERE.
JUDICIAL: Includes bankruptcy, food labeling
In In Re: PA Co-Man, Inc. Debtor, 20-20422-JAD, 2022 WL 4298188 (Bankr. W.D. Penn. 2022), the plaintiff bankruptcy estate, through its assignee KIND Operations, Inc., alleges that the debtor and its pre-petitioned lenders (defendants) manufactured a private foreclosure sale without adequate marketing or competitive bidding. KIND Operations, Inc. is a company that markets and sells nutrition bars. Debtor, before ceasing business, manufactured such bars and KIND was one debtor’s major customers. Debtor filed a voluntary petition for relief under chapter 11 of the Bankruptcy Code on February 4, 2020. KIND filed its original complaint on June 18, 2021, subsequently filed complaints against the defendants, and finally filed a consolidated complaint. The defendants and debtor filed motions to dismiss. The court denied the motions to dismiss in part and granted the motions in part.
In Salazar v. Target Corporation, — Cal. Rptr.3d —, 2022 WL 4298521 (Cal. Ct. App. 2022), after plaintiff Salazar purchased defendant Target’s White Baking Morsels and later learned they did not contain white chocolate, he filed a class action lawsuit under various consumer protection laws. The trial court found that no reasonable consumer would believe Target’s White Baking Morsels contain White Chocolate. The California Court of Appeals for the Fourth Division disagreed and reversed the lower court’s decision. Because the White Baking Morsels’ price tag states “WHT CHOCO”, the Court held that a reasonable consumer could believe that the morsels contained white chocolate.
REGULATORY: TTB, EPA, FWS, NOAA
ALCOHOL AND TOBACCO TAX AND TRADE BUREAU
Notice that TTB proposes to establish the 36,467-acre “Yucaipa Valley” viticultural area in San Bernardino County, in California to allow vintners in the area to better describe the origin of their wines and to allow consumers to better identify wines they may purchase. Info here.
ENVIRONMENTAL PROTECTION AGENCY
Final rule establishing tolerances for residues of glufosinate in or on multiple commodities. Info here.
Final rule establishing tolerances for residues of novaluron in or on multiple crops. Info here.
Final rule announcing that EPA is finalizing revisions to its pesticide tolerance crop grouping regulations, which allow the establishment of tolerances for multiple related crops based on data from a representative set of crops. Info here.
Notice announcing that the EPA has received applications to register new uses for pesticide products containing currently registered active ingredients. Info here.
FISH AND WILDLIFE SERVICE
Notice announcing that FWS has received applications for permits to conduct activities intended to enhance the propagation and survival of endangered species under the Endangered Species Act. Info here.
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
Final rule closing the General category fishery for large, medium, and giant ( i.e., measuring 73 inches curved fork length or greater) Atlantic bluefin tuna for the September subquota time period. Info here.