A comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions HERE.
Judicial: Labor and Standing
In UNITED FOOD AND COMMERCIAL WORKERS UNION, LOCAL No. 227 et al. v. UNITED STATES DEPARTMENT OF AGRICULTURE & NATIONAL CHICKEN COUNCIL, No. CV 20-2045 (TJK), 2022 WL 278449 (D.D.C. Jan. 31, 2022), the plaintiffs challenged a waiver program that allows poultry processing plants to obtain a waiver to exceed the maximum line speed set by regulation. Defendant moved to remand the matter to reconsider the waiver program in given the “Time-Limited Trials” it has implemented for swine slaughtering establishments in a similar context. The court found that remand was appropriate and remanded the case to the Department of Agriculture. The case was stayed for the duration of the remand.
In ROBERT HOLMAN v. THOMAS J. VILSACK & ZACH DUCHENEAUX, No. 21-1085-STA-JAY, 2022 WL 257062 (W.D. Tenn. Jan. 26, 2022), the plaintiff claimed that the farm debt relief program found in the American Rescue Plan Act of 2021 was unconstitutional. Defendants argued that the court lacked subject-matter jurisdiction and moved for dismissal. The court concluded that plaintiff failed to demonstrate standing for each claim. The court found that the plaintiff’s second claim was moot and they failed to establish standing for an equal protection claim. The third claim failed because plaintiff did not show more than a possible future injury. The court also found that plaintiff’s claims two and three were not ripe for judicial review. The court held that plaintiff’s claims two and three were dismissed. Plaintiff’s remaining claim was stayed pending the resolution of the Miller v. Vilsack class action.
REGULATORY: EPA, FWS, FDA, FSIS, NOAA
ENVIRONMENTAL PROTECTION AGENCY
Notice announcing a 60-day public comment period associated with release of the draft Integrated Risk Information System Toxicological Review of Perfluorohexanoic Acid (PFHxA) and Related Salts. Info here.
Notice announcing the availability of the EPA’s preliminary work plans for the following chemicals: Cyflufenamid, fluopyram, and pyroxasulfone. With this document, the EPA is opening the public comment period for registration review for these chemicals. Info here.
Notice announcing the availability of EPA’s interim registration review decisions for the following chemicals: Amitraz, cinnamaldehyde, farnesol and nerolidol, fenbuconazole, isoxaflutole, mesotrione, metaldehyde, nosema locustae, rotenone, sodium cyanide, sodium fluoroacetate, spiromesifen, tembotrione, topramezone, and ulocladium oudemansii (U3 Strain). Info here.
Final rule establishing an exemption from the requirement of a tolerance for residues of Saccharomyces cerevisiae strain LAS02 in or on all food commodities when used in accordance with label directions and good agricultural practices. Info here.
Final rule establishing an exemption from the requirement of a tolerance for residues of alcohols, C10-16, ethoxylated, sulfates, mono(hydroxyethyl)ammonium salts; when used as an inert ingredient in pesticide formulations used pre- and post-harvest as well as in formulations applied to livestock. Info here.
FISH AND WILDLIFE SERVICE
Final rule correcting an erroneous acreage amount presented twice in the preamble of FWS’s July 22, 2021, final rule concerning the critical habitat designation for the jaguar (Panthera onca) under the Endangered Species Act. Info here.
Proposed rule announcing that FWS withdrew the proposed rule to list the Chapin Mesa milkvetch (Astragalus schmolliae) as a threatened species under the Endangered Species Act. FWS concurrently withdraw the proposed rule to designate critical habitat for the species. Info here.
Proposed rule proposing to establish the 2022-23 hunting regulations for certain migratory game birds. FWS annually prescribe outside limits (or frameworks) within which States may select hunting seasons. Frameworks specify the outside dates, season lengths, shooting hours, bag and possession limits, and areas where migratory game bird hunting may occur. Info here.
FOOD AND DRUG ADMINISTRATION
Final rule announcing that FDA is correcting a final rule that appeared in the Federal Register on December 3, 2021. The document amended the regulations establishing a program for the testing of food in certain circumstances by accredited laboratories, as required under the Federal Food, Drug, and Cosmetic Act. Info here.
FOOD SAFETY INSPECTION SERVICE
Notice announcing that USDA and the U.S. Department of Health and Human Services intend to reestablish the committee for the National Advisory Committee on Microbiological Criteria for Foods (NACMCF) and its charter. The purpose of NACMCF is to provide impartial, scientific advice and peer reviews to Federal food safety agencies for use in the development of an integrated national food safety systems approach that assures the safety of domestic, imported, and exported foods. Info here.
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
Final rule issuing final specifications for the 2022 Atlantic bluefish fishery, and projected specifications for 2023, as recommended by the Mid-Atlantic Fishery Management Council. Info here.
Temporary rule adjusting the Atlantic bluefin tuna (BFT) Purse Seine and Reserve category quotas for 2022. This rule is also transferring 26 metric tons of BFT quota from the Reserve category to the General category January through March 2022 subquota period. Info here.