A comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions HERE.


JUDICIAL: Food Labeling, Environmental

In DAVID SWARTZ, Plaintiff, v. DAVE’S KILLED BREAD, INC. AND FLOWERS FOODS, INC. Defendants., No. 4:21-CV-10053-YGR, 2022 WL 1766463 (N.D. Cal. May 20, 2022), the plaintiff alleged that defendants misrepresented the quantity and quality of protein on their product’s packaging. The court held that claims alleging that defendants’ use of total protein in nutrient content statements violated the law was preempted. Plaintiffs also claimed that the defendants’ product did not include %DV corrected protein per serving in the nutrient label. However, plaintiff failed to allege that they relied upon the nutrient labels prior to purchasing defendants’ products. The court dismissed all claims.

In San Francisco Herring Ass’n v. U.S. Dep’t of the Interior, 33 F.4th 1146 (9th Cir. 2022), plaintiffs brought an action against the United States Department of the Interior challenging their authority to prohibit commercial herring fishing in Golden Gate National Recreation Area (GGNRA). The district court originally granted summary judgment for the Department of the Interior. However, plaintiffs appealed and the court of appeals vacated and remanded. The case was dismissed and then reversed once again. On the next remand the district court entered summary judgment in the government’s favor. On appeal, the court held that the Department of the Interior had statutory authority to enforce its generally applicable commercial fishing prohibition in GGNRA’s waters.


LEGISLATIVE: Includes Illinois


HB 5201 establishes the Agriculture Equity Commission which will study and provide recommendations concerning equity for and participation of socially disadvantaged farmers and growers in the agricultural sector within the state and help guide plans and policies within the agricultural industry to increase outreach to socially disadvantaged farmers and growers, to develop an annual plan of education events, meetings, and trainings, among other things. Info here.

LEGISLATIVE: Includes Illinois


HB 3118 requires EPA to adopt rules creating a process meeting specified requirements for the licensure of commercial applicators for residential treatment of pyrethroid pesticides and provides that the EPA may adopt any rules in deems necessary to implement and administer the amendatory provisions. Info here.




Notice announcing that the CFTC is requesting nominations for membership on the Global Markets Advisory Committee and also inviting expressions of interest in participation in potential subcommittees and the submission of potential topics for discussion at future Committee meetings. Info here.

Notice announcing that the CFTC is requesting nominations for membership on the Market Risk Advisory Committee and also inviting the submission of potential topics for discussion at future Committee meetings. Info here.


Notice that a Letter of Authorization has been issued to LLOG Exploration Offshore, L.L.C. for the take of marine mammals incidental to geophysical survey activity in the Gulf of Mexico. Info here.

Notice that NOAA/NMFS has issued an incidental harassment authorization to Virginia Electric and Power Company doing business as Dominion Energy Virginia to incidentally harass marine mammals during marine site characterization surveys off of Virginia in support of the Coastal Virginia Offshore Wind Commercial Project. Info here.