A comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions HERE.
In MARIA G. MORENO, ESTHER L. LOPZ, et al., Plaintiffs v. CASTLEROCK FARMING AND TRANSPORT INC., J.L. PADILLA & SONS LABOR SERVICES INC., et al., Defendants. Additional Party Names: Abraham Ortiz, Albert Good, Castlerock Farming & Transp., Inc., Francisco Orozco, Israel Lopez, Javier Garcia, Melba Nunez Contracting, Sons Lab. Serv., Inc., No. 1:12-CV-0556 AWI JLT, 2022 WL 902597 (E.D. Cal. Mar. 28, 2022), plaintiffs are farm laborers and sought to represent a class of workers who alleged that their employers violated California laws and the federal Migrant and Seasonal Agricultural Workers Protection Act (MSAWPA). Defendants moved to dismiss plaintiff’s claims. The court found that the class claims that had been based on allegations that workers were not paid for washing trays or were required to provide their own tools should be dismissed because plaintiffs had given up their attempt to certify the class action based on trays or tools against the defendants. The court also dismissed all of the PAGA California labor law claims because plaintiffs failed to exhaust the administrative procedure requirements in time.
LEGISLATIVE: Includes South Dakota
SD 1037 revises the penalty for certain willful violations by grain buyers and grain warehouse operators. Info here.
REGULATORY: APHIS, EPA, FWS, NIFA
ANIMAL AND PLANT HEALTH INSPECTION SERVICE
Notice advising the public that APHIS has prepared an environmental assessment relative to permitting the release of the insect, Psyllaephagus euphyllurae, for the biological control of olive psyllid (Euphyllurae olivina) in the contiguous United States. Info here.
ENVIRONMENTAL PROTECTION AGENCY
Final rule establishing time-limited tolerances for residues of sodium salt of acifluorfen in or on beet, sugar, roots and beet, sugar, leaves. Info here.
FISH AND WILDLIFE SERVICE
Final rule announcing that FWS is reclassifying the plant beach layia (Layia carnosa) from an endangered to a threatened species under the Endangered Species Act, due to substantial improvements in the species’ overall status since its original listing as endangered in 1992. Info here.
NATIONAL INSTITUTE OF FOOD AND AGRICULTURE
Final rule updating NIFA’s regulations and updating the list of institutions that are granted Hispanic-Serving Agricultural Colleges and Universities (HSACU) certification and are eligible for HSACU programs. Info here.