A comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions HERE.
JUDICIAL: Food Labeling
In Glazebrook v. Chobani, LLC, No. CV 21-10181-FDS, 2022 WL 3030598 (D. Mass. Aug. 1, 2022), plaintiffs brought a class action against defendants for alleged deceptive labeling of vanilla yogurt. Plaintiff argued that defendant falsely represented that their yogurt as containing vanilla when it contained only vanilla extract and natural flavors. The court held that the yogurt label complied with federal labeling requirements and any state-law labeling requirements that differed from the federal requirements were preempted. The court concluded that because plaintiff’s complaint only asserted state-law claims, the complaint had to be dismissed.
REGULATORY: EPA, FWS, NOAA, USDA
ENVIRONMENTAL PROTECTION AGENCY
Final rule establishing an exemption from the requirement of a tolerance for residues of oxirane, 2-methyl-, polymer with oxirane, di-(9Z)-9-octadecenoate average number molecular weight (in amu), 2500 when used as an inert ingredient in a pesticide chemical formulation. Info here.
Notice announcing that the EPA has granted emergency exemptions under the Federal Insecticide, Fungicide, and Rodenticide Act for use of certain pesticides. The exemptions were granted during the period July 1, 2021, to June 30, 2022, to control unforeseen pest outbreaks. Info here.
FISH AND WILDLIFE SERVICE
Notice announcing that FWS received applications for permits to conduct activities intended to enhance the propagation or survival of endangered or threatened species under the Endangered Species Act. Info here.
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
Notice announcing that NOAA/NMFS has made a final determination on the Hoopa Valley Tribe’s Tribal Resource Management Plan. The determination is pursuant to the limitation on take prohibitions for actions conducted under Tribal Resource Management Plans promulgated under the Endangered Species Act. Info here.
Notice announcing that NOAA/NMFS has received a request from the United States Department of the Navy for authorization to take marine mammals incidental to replacement and maintenance of the Ammunition Wharf marine structure at Naval Magazine Indian Island in Puget Sound, Washington, over the course of five years. Info here.
UNITED STATES DEPARTMENT OF AGRICULTURE
Proposed rule proposing to amend the Rural Housing Service’s regulations to grant to Delegated Lenders participating in the Single-Family Housing Guaranteed Loan Program the authority to make loans and issue the Loan Note Guarantees after closing using automated loan underwriting and closing systems. Info here.
Notice announcing that the Forest Service is revising its directives related to timber appraisal and renewable resources. Info here.
Notice issuing a Funding Opportunity Announcement that the Rural Utilities Service is accepting applications for the second funding round in fiscal year 2022 for the Rural eConnectivity Program. Info here.