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

JUDICIAL: Arbitration, Food Labeling, Labor

In H&T Fair Hills, Ltd., Mark Hein, Debra Hein, Nicholas Hein, Norman Zimmerman, Donna Zimmerman, Steven Wherry, Valerie Wherry, Robert Ruebel, Mary Ruebel, & Larry Ruebel, on behalf of themselves & all others similarly situated, Plaintiffs, v. All. Pipeline L.P. a/k/a All. USA, Defendant., No. 19-CV-1095 (JNE/BRT), 2022 WL 875285 (D. Minn. Mar. 24, 2022), the defendant Alliance Pipeline moved to compel arbitration and to dismiss claims against Alliance regarding a crop damage dispute. Plaintiffs alleged that Alliance breached its obligations under individual easements by terminating the crop loss compensation program and refusing to pay damage claims. The court found that the arbitration agreements did apply to some of the issues in the litigation. The court also held that resolving the claims that were not arbitrable should be done before the arbitrable claims. The court granted Alliance’s motion to compel arbitration for the relevant claims. The court stayed claims as to whether crop damages arising from the pipeline have occurred or will occur on those tracts and the value of those damages until litigation of the other issues is complete.

In JOHNNIE BYNUM, individually & on behalf of all others similarly situated, Plaintiffs, v. FAMILY DOLLAR STORES, INC., Defendant., No. 1:20-CV-06878 (MKV), 2022 WL 837089 (S.D.N.Y. Mar. 21, 2022), plaintiff claimed that defendant’s almond product violated the New York General Business Law (GBL). Plaintiff argued that the product was misleading because it used the word “smoked” on the front label but did not actually obtain its flavoring from a natural smoking process and instead has smoke flavor added to it. The court found that the word “smoked” on the package was not misleading but was ambiguous and that a reasonable consumer would read the ingredient list to clarify where the flavor came from. The court held that the product was not materially misleading and the court granted defendant’s motion to dismiss.

In MISTIE BEAN PLAINTIFF v. WAYNE FARMS LLC DEFENDANT, No. 4:20-CV-798-LPR, 2022 WL 848345 (E.D. Ark. Mar. 21, 2022), the plaintiff argued that the defendant, a poultry production and processing company, failed to pay them their overtime wages and violated the Fair Labor Standards Act (FLSA) and the Arkansas Minimum Wage Age (AMWA). Plaintiff argued that defendant did not maintain accurate time punches and they performed other work off the clock. The court found that the evidence presented by the plaintiff was not enough to establish a reasonable inference that the plaintiff worked uncompensated overtime. The court concluded that there were no genuine disputed material facts as to the accuracy of the time punches or failure to compensate plaintiff for time worked off the clock. The court granted the defendants motion for summary judgment.

REGULATORY: FDA, FNS, NRCS, NOAA

FOOD AND DRUG ADMINISTRATION

Final rule amending the animal drug regulations to reflect application-related actions for new animal drug applications and abbreviated new animal drug applications. Info here.

FOOD AND NUTRITION SERVICE

Notice announcing adjusted income eligibility guidelines to be used by State agencies in determining the income eligibility of persons applying to participate in the Special Supplemental Nutrition Program for Women, Infants, and Children. Info here.

NATIONAL OCEANIC ATMOSPHERIC ADMINISTRATION

Notice announcing that the NMFS/NOAA announces its intent to conduct a 5-year review of the endangered North Pacific right whale (Eubalaena japonica). Info here.

NATURAL RESOURCES CONSERVATION SERVICE

Notice announcing that NRCS intends to prepare an Environmental Impact Statement (EIS) for the Cove-East Fork Virgin River Watershed Plan EIS Project located within the East Fork Virgin River Watershed in Kane County, Utah. Info here.