A comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions HERE.
JUDICIAL: Includes livestock theft, New Mexico state law
In State v. Torres, No. A-1-CA-37642, 2020 WL 4783734 (N.M. Ct. App. Aug. 13, 2020), the court considers whether the New Mexico State Legislature intended to punish the theft of multiple animals as a single offense, or to allow separate offenses for each animal taken. The cases arises from two underlying incidents of cattle rustling within the State of New Mexico, and the State has filed an appeal with the New Mexico Court of Appeals to determine the Legislature’s intention. To begin with, the court acknowledged that when it considers how the Legislature intended to treat the theft of multiple things, it begins by looking for a clear expression that the Legislature intended to allow multiple punishments for a single act. Upon reviewing the statutory language identifying theft of livestock as a felony offense, the court concluded that it was not clear whether the word “livestock” was meant to include one animal or many. Because the Legislature’s intent was unclear from the statutory language, the court turned to the “single-larceny” doctrine, a method of legal interpretation that is used when the Legislature’s intent regarding multiple punishments is unclear. Generally, the single-larceny doctrine provides that “when several articles of property are stolen by the defendant from the same owner at the same time and at the same place, only one larceny is committed.” By applying that doctrine, the court determined that, in New Mexico, “a taking of multiple head of cattle at the same time and place (single transaction), or a series of takings from a single owner with a single criminal intent (single intent), constitute but one larceny.”
REGULATORY: Includes APHIS, EPA
ANIMAL AND PLANT HEALTH INSPECTION SERVICE
Notification of public meeting the Animal and Plant Health Inspection Service will hold virtual listening sessions to receive public input on topics related to the development of regulations regarding the welfare of birds not bred for use in research. Info here.
ENVIRONMENTAL PROTECTION AGENCY
Notification that EPA has forwarded to the USDA a draft regulatory document concerning “Pesticides; Addition of Chitosan to the List of Active Ingredients Allowed in Exempted Minimum Risk Pesticides Products.” Info here.
Final rule establishing tolerances for residues of fludioxonil in or on Brassica. Info here.
Notification that EPA has forwarded to the USDA a draft regulatory document concerning “Pesticides; Exemptions of Certain Plant-Incorporated Protectants Derived from Newer Technologies.” Info here.