A comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions HERE.
LEGISLATIVE: Includes New York
A 9649 enacts the New York textile act to accelerate the growth of the animal and plant fiver growing, processing, and textile manufacturing industry within the state. Info here.
JUDICIAL: Includes pesticides
In B&L Farms v. Monsanto Co, No. 1:18-MD-2820 (E.D. Mo. Oct. 14, 2022), the court considered a motion to dismiss filed by defendants Monsanto Co. and BASF Corp. against the plaintiffs – a crop grower and an herbicide applicator – who claim that they suffered harm as the result of defendants’ dicamba products. According to the plaintiffs, they suffered damage to their crops during the 2016 growing season as a result of dicamba drift from a new over-the-top formulation of dicamba manufactured by the defendants and introduced to the market that year. The next year, 2017, in order to avoid crop loss, the crop grower plaintiff purchased dicamba-resistant seeds from defendant Monsanto. That same year, the plaintiff herbicide applicator modified their equipment to be able to spray over-the-top dicamba. However, neither plaintiff was able to apply over-the-top dicamba during the 2017 growing season because the state of Arkansas prohibited use of such pesticides for that growing season. The plaintiffs filed suit against Monsanto and BASF, claiming that the defendants’ actions caused the state of Arkansas to ban the use of over-the-top dicamba in 2017, leading the plaintiffs to suffer harm as a result. The defendants moved to dismiss, arguing that the plaintiffs had failed to state a valid claim. On review, the court agreed with the defendants. According to the judge, many of the claims brought by the crop grower plaintiff were precluded by a contract the plaintiff signed when they purchased the dicamba-tolerant seeds from Monsanto. On reviewing the other claims brought by both plaintiffs, the judge found that the plaintiffs had failed to show how the defendants’ actions had caused the particular harm the plaintiffs had alleged. Accordingly, the judge dismissed the case.
REGULATORY: Includes EPA, FDA, FNS, FWS
ENVIRONMENTAL PROTECTION AGENCY
Notice of EPA’s order for the cancellations, voluntarily requested by the registrants and accepted by the Agency, of certain products, pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act. Info here.
FOOD AND DRUG ADMINISTRATION
Final rule amending FDA’s regulations to require that certain data elements be submitted for veterinary devices that are being imported or offered for import in the Automated Commercial Environment or any other electronic data interchange system authorized by U.S. Customs and Border Protection, for CBP to process the filing and to help FDA in determining the admissibility of those veterinary devices. Info here.
FOOD AND NUTRITION SERVICE
Notice soliciting proposals from eligible Tribal Organizations to participate in a demonstration project to purchase agricultural commodities for the Food Distribution Program on Indian Reservations. Info here.
FISH AND WILDLIFE SERVICE
Proposed rule announcing a 12-month finding on a petition to list the Kern Plateau salamander (Batrachoseps robustus), the Kern Canyon slender salamander (Batrachoseps simatus), and the relictual slender salamander (Batrachoseps relictus), three salamander species from the southern Sierra Nevada Mountains in California, under the Endangered Species Act. Info here.