A comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions HERE.
In IN RE: EXPRESS GRAIN TERMINALS, LLC DEBTOR, No. 21-11832-SDM, 2021 WL 5918376 (Bankr. N.D. Miss. Dec. 14, 2021), the court considered whether the individual grain contracts were severable from the Master Trade Agreement (“MTA”) and whether the contracts were for financial accommodations. The court found that the executory contracts to be assumed or rejected by Express Grain were the individual contracts under the MTA because the individual grain contracts were severable. The court found this because the language of both the MTA and the individual grain contract demonstrate the severable nature of the individual grain contracts. Furthermore, the conduct of the parties during the execution further supported the severable nature of the individual grain contracts. The court also found that the individual grain contracts were not contracts for financial accommodations because they were not contracts for the extension of cash or a line of credit.
REGULATORY: EPA, FSIS, NOAA
ENVIRONMENTAL PROTECTION AGENCY
Final rule extending the expiration deadline of existing Federal, state, territory, and tribal Certification of Pesticide Applicators Plans. Info here.
Notice announcing that there will be a 3-day peer review virtual public meeting of the Science Advisory Committee on Chemicals to consider and review the draft Toxic Substance Control Act Systematic Review Protocol. Info here.
FOOD SAFETY AND INSPECTION SERVICE
Notice soliciting nominations for membership for the National Advisory Committee on Meat and Poultry Inspection. Info here.
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
Final rule announces that the Commonwealth of Virginia is transferring a portion of its 2021 commercial summer flounder quota to the State of Rhode Island. Info here.
LEGISLATIVE: Includes Oregon
SB 892 directs the state’s Department of Agriculture to establish forgivable loan program to provide financial assistance to farming and ranching producers in Oregon with lost gross farm income in calendar year 2021 due to qualifying natural disaster. Info here.