A comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions HERE.
JUDICIAL: Secured Transactions
In HELENA AGRI-ENTERPRISES, LLC v. SIMMONS BANK, 2022 Ark. App. 374 (2022), the plaintiff (Helena) claimed that the circuit court erroneously determined that a competing secured lender (Simmons) had a superior interest in a farming partnership’s crops and equipment. The circuit court ruled that Simmons had a superior interest in the agricultural property because Helena incorrectly identified the debtor partnership on its financing statement, thus granting Simmons’ motion for summary judgment. In this appeal, Helena argued that the motion was granted erroneously because there remains a genuine issue of material facts as to whether Simmons correctly identified the debtor on its UCC filing. The appeals court in this case determined that it did not have jurisdiction and could not address Helena’s claims because Helena’s claims against other parties in this litigation are still pending. Without a final order in these pending actions, the court could not rule on Helena’s claims on this appeal.
LEGISLATIVE: Includes California
CALIFORNIA
SB 490 establishes the Buy American Food Act, which requires public institutions that receive federal meal reimbursement funding to provide prepared meals and that solicit bids for the purchase of agricultural food products to include in their bids and contracts that only the purchase of agricultural food products grown, packed, or processed domestically is authorized, unless the bid or price of the nondomestic agricultural food product is more than 25% lower than the bid or price of the domestic product. Info here.
REGULATORY: Includes EPA, FWS, FDA, NOAA
ENVIRONMENTAL PROTECTION AGENCY
Final rule establishing tolerances for residues of benzovindiflupyr in or on Vegetable, root, except sugar beet, subgroup 1B. Syngenta requested these tolerances under the Federal Food, Drug, and Cosmetic Act. Info here.
FISH AND WILDLIFE SERVICE
Notice announcing that the U.S. Fish and Wildlife Service, invite the public to comment on applications to conduct certain activities with foreign species that are listed as endangered under the Endangered Species Act. Info here.
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 during January, February, and March 2022. Info here.
Proposed rule proposing to update the definition for the implied nutrient content claim “healthy” to be consistent with current nutrition science and Federal dietary guidance, especially the Dietary Guidelines for Americans (Dietary Guidelines), regarding how consumers can maintain healthy dietary practices. Info here.
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
Notice announcing that NOAA-NMFS has received a request from the United States National Science Foundation Office of Polar Programs for authorization to take marine mammals incidental to a geophysical survey in the Ross Sea, Antarctica. Pursuant to the Marine Mammal Protection Act, NMFS is requesting comments on its proposal to issue an incidental harassment authorization (IHA) to incidentally take marine mammals during the specified activities. Info here.
Notice announcing that NOAA-NMFS has received a request from Atlantic Shores Offshore Wind, LLC for authorization to take small numbers of marine mammals incidental to activities associated with two offshore wind energy projects in the Bureau of Ocean Energy Management’s Lease Area Outer Continental Shelf (OCS)-A-0499 off of New Jersey over the course of 5 years beginning on January 1, 2025. Info here.