A comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions HERE.
JUDICIAL: Right to Farm
In Sarcoxie Nursery Cultivation Ctr., LLC v. Williams, No. WD 84492, 2022 WL 1309996 (Mo. Ct. App. May 3, 2022), the plaintiffs had applied for licenses from the Department of Health and Senior Services to “cultivate, manufacture, and/or dispense marijuana and marijuana-infused products for medicinal purposes.” The Department denied the license application and plaintiffs filed a petition that challenged the regulations which limited the total number of medical marijuana facility licenses that the Department would issue. The circuit court rejected plaintiffs’ challenges and upheld the Department’s limits on licenses. Plaintiffs appealed. The Court of Appeals upheld the circuit courts finding that the Right to Farm amendment did not apply to the cultivation of medical marijuana because of the Mississippi Supreme Court’s decision in State v. Shanklin. Additionally, the court found that even if the Right to Farm amendment constitutionally protected growing medical marijuana that the Department was still within its right to limit the number of licenses issued. The Court of Appeals affirmed the circuit courts judgment.
LEGISLATIVE: Includes Maine
MAINE
LD 219 improves the Agricultural Marketing Loan Fund and Agricultural Development Grant by establishing a variable interest rate for loans to allow participants in the Maine Farms for the Future Program to borrow at that rate. Info here.
STATE REGULATORY: Utah
UTAH
Proposed rule to remove references to industrial hemp cultivation because Senate Bill 190 removed it from the Utah Department of Agriculture and Food’s authority. Changes are made through this rule to restrict the transfer of industrial hemp waste to a medical cannabis cultivator except under limited circumstances, consistent with legislative intent. Info here.
REGULATORY: AMS, EPA, FWS, FDA, NOAA
AGRICULTURAL MARKETING SERVICE
Proposed rule to revise the regulations providing instructions for livestock sellers and live poultry sellers or growers who desire to preserve their interest in statutory trusts under the Packers and Stockyards Act. Info here.
ENVIRONMENTAL PROTECTION AGENCY
Final rule announcing that this regulation establishes an exemption from the requirement of a tolerance for residues of cell walls of Saccharomyces cerevisiae (also known as yeast cell walls or YCWs) when used as a carrier inert ingredient in pesticide formulations in pre-harvest applications to crops. Info here.
Final rule announcing that this regulation establishes an exemption from the requirement of a tolerance for residues of hydrolyzed vegetable proteins from soy when used as an inert ingredient (pH adjusting agent, surfactant, or adhesive) in pesticide products applied to growing crops pre-harvest, limited to 25% in the pesticide formulation. Info here.
Final rule announcing that regulation establishes an exemption from the requirement of a tolerance for residues of trans -anethole when used as a fragrance inert ingredient in pesticide formulations at a concentration of 3% of the formulation in pre-harvest applications to crops. Info here.
Notice announcing that the availability of EPA’s draft human health and/or ecological risk assessments for the registration review of acrolein. Info here.
FISH AND WILDLIFE SERVICE
Notice announcing that the Oregon Department of State Lands is preparing a habitat conservation plan (HCP) in support of its anticipated applications for incidental take permits (ITPs) under the Endangered Species Act for activities it will undertake in managing the Elliott State Forest in southwestern Oregon. FWS intends to prepare an environmental impact statement to evaluate the impacts related to the proposed issuance of the ITPs and implementation of the HCP. Info here.
FOOD AND DRUG ADMINISTRATION
Notice announcing the withdrawal of a food additive petition proposing that the food additive regulations be amended to provide for the safe use of mycoprotein, derived from Fusarium graminearum, as a source of protein in certain foods. Info here.
NATIONAL OCEANIC ATMOSPHERIC ADMINISTRATION
Notice announcing that NOAA/NMFS is issuing an Endangered Species Act permit for a trap and haul operation at Sunset Falls on the Skykomish River in Washington State. Info here.