A comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions HERE.
JUDICIAL: Food Labeling
In Prescott v. Nestle USA, Inc., No. 19-CV-07471-BLF, 2022 WL 1062050 (N.D. Cal. Apr. 8, 2022), the court dismissed plaintiffs claim that defendant misled consumers when labeling and advertising its Nestle Toll House Premier White Morsels. Plaintiffs alleged that they bought the product because they believed that it contained white chocolate because of the “Premier White” labeling. The court found that the label was not misleading to a reasonable consumer. The court dismissed the action with prejudice.
LEGISLATIVE: Includes Virginia
VIRGINIA
SB 726 establishes that it is the policy of the General Assembly to encourage, expand, and develop slaughter and meat-processing facilities through strategic planning and financial incentive programs. Directs the state’s Department of Agriculture and Consumer Services to develop a five-year strategic plan to increase total combined throughput capacity of slaughter and meat-processing facilities. Info here.
LEGISLATIVE: Includes Alabama
ALABAMA
SB 274 exempts producer value added products from sales tax, which includes fruits or other agricultural products that have undergone some degree of further processing by the original producer of the agricultural product, when the sale is made by the producer or by their immediate family, or for the producer by their employees. Info here.
REGULATORY: AMS, EPA, FWS, NOAA
AGRICULTURAL MARKETING SERVICE
Final rule suspending the reporting and assessment requirements prescribed under the marketing order regulating apricots grown in designated counties in Washington. Info here.
ENVIRONMENTAL PROTECTION AGENCY
Notice announcing that the White House Environmental Justice Advisory Council will meet on Wednesday, May 11, 2022, and Thursday, May 12, 2022. Info here.
FISH AND WILDLIFE SERVICE
Final rule announcing that the FWS lists the streaked horned lark (Eremophila alpestris strigata), a bird subspecies from Washington and Oregon, as a threatened species under the Endangered Species Act. Info here.
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
Final rule announcing the opening of directed fishing for Pacific cod by catcher vessels using trawl gear in the Bering Sea and Aleutian Islands Management Area. Info here.