JUDICIAL:

CENTRAL OREGON LOCAVORE, Plaintiff, v. DESCHUTES COUNTY ASSESSOR, Defendant., No. TC-MD 170319G, 2018 WL 6253813 (Or. T.C. Nov. 27, 2018)
This property tax exemption case is before the court on cross-motions for decision without trial. Plaintiff (“Locavore”) appealed the denial of its claim for exemption of the subject property by Defendant (the county) for the 2016–17 tax year. The court received the parties’ Stipulation of Facts, to which was attached exhibits 1 to 4, and the Declaration of Nicolle Timm-Branch, to which was attached exhibits 6 to 10. The parties agreed to forego trial and to receive a decision based on the stipulations and documentary evidence.
The property tax exemption was claimed on being a charitable organization that allowed small farmers a marketplace.  The court determined that the organization’s purpose did not include charitable giving, and denied the tax exemption.
Green v. Kellen, No. A18-0692, 2018 WL 6273398 (Minn. Ct. App. Dec. 3, 2018); Appellant Greg Kellen challenges the district court’s interpretation of a statutory provision enacted as part of a broader effort to address the farm crisis occurring in Minnesota during the mid-1980s. That law, Minnesota Statutes section 550.366, establishes that judgments for unpaid debts on agricultural property owed by farm debtors are subject to a three-year limitation on execution rather than the standard ten-year limitation. The Minnesota Court of Appeals concluded that the three-year limitation in the statute does not apply to debts resulting from intentional torts.

REGULATORY:

Final rule: Agricultural Marketing Service, USDA.: This final rule implements a recommendation from the Processed Pear Committee (Committee) to decrease the assessment rate established for “summer/fall” varieties of pears for canning for the 2018-2019 and subsequent fiscal periods. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated. Info HERE

Notice: Environmental Protection Agency (EPA); This notice announces the availability of EPA’s proposed interim registration review decisions and opens a 60-day public comment period on the proposed interim decisions for the following pesticides: 2,4-xylenol, Abamectin, Ametryn, Bacteriophage active against Xanthomonas campestris pv. vesicatoria, Bacteriophage active against Pseudomonas syringae pv. tomato, Barium metaborate, Bicarbonates, Biobor, Butralin, Chondrostereum Purpureum, Corn glutens, Cyhalofop-butyl, Diphenylamine, Indole-3-acetic acid, L-glutamic acid and gamma aminobutyric acid, Lysophosphatidylethanolamine, Meta-cresol, Methiocarb, Methyl anthranilate, Oil of black pepper, Oryzalin, Phosphoric acid and its salts, Potato leaf roll virus resistance gene, Predator urines, Prodiamine, Pyrithiobac-sodium, Sodium cyanide, Sodium fluoroacetate, Straight chain lepidopteran pheromones, Verticillium isolate WCS850, Yeast extract hydrolysate, and Zinc borate. Info HERE

Notice; Environmental Protection Agency (EPA). This notice announces the availability of EPA’s interim registration review decision for the following chemicals: Acibenzolar-s-methyl, Aspergillus flavus,Asulam, Bacillus licheniformis strain SB3086, Chloroxylenol, Copper compounds, Dried Fermentation Solids and Solubles of Myrothecium verrucaria, EPTC, Ethylene, Fludioxonil, Formic Acid, Methyl Nonyl Ketone, Niclosamide, N6-Benzyladenine, Potassium Silicate, Propamocarb hydrochloride, Putrescent Whole Egg Solids, Sodium carbonate and TFM. It also announces the case closure for Bis (bromoacetoxy)-2-butene (BBAB) (Case 3030, Docket ID Number EPA-HQ-OPP-2014-0799) because the last U.S. registrations for these pesticides have been canceled. Info HERE

Final rule: Environmental Protection Agency (EPA): This regulation establishes an exemption from the requirement of a tolerance for residues of calcium formate (CAS Reg. No. 544-17-2) when used as an inert ingredient (carrier) in pesticide formulations applied to growing crops only. ADAMA Agan, Ltd. c/o Makhteshim Agan of North America, Inc. submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting establishment of an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of calcium formate. Info HERE

Final rule: Environmental Protection Agency (EPA). This regulation establishes an exemption from the requirement of a tolerance for residues of 1-propanesulfonic acid, 2-methyl-2-[(1-oxo-2-propen-1-y1)amino]-, homopolymer, sodium salt (CAS Reg. No. 55141-01-0), and 1-propanesulfonic acid, 2-methyl-2-[(1-oxo-2-propen-1-y1)amino]-, sodium salt (1:1), homopolymer (CAS Reg. No. 35641-59-9); when used as inert ingredients in a pesticide chemical formulation. BASF Corporation submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of 1-propanesulfonic acid, 2-methyl-2-[(1-oxo-2-propen-1-y1)amino]-, homopolymer, sodium salt) and 1-propanesulfonic acid, 2-methyl-2[(1oxo-2propen-1-y1)amino]-, sodium salt (1:1), homopolymer on food or feed commodities. Info HERE

Withdrawal of direct final rule: Environmental Protection Agency (EPA): EPA is withdrawing significant new use rules (SNURs) promulgated under the Toxic Substances Control Act (TSCA) for 26 chemical substances, which were the subject of premanufacture notices (PMNs). EPA published these SNURs using direct final rulemaking procedures, which requires EPA to take certain actions if an adverse comment is received. EPA received adverse comments regarding the SNURs identified in the direct final rule. Therefore, the Agency is withdrawing the direct final rule SNURs identified in this document, as required under the direct final rulemaking procedures. Info HERE

Final rule: Environmental Protection Agency (EPA); This regulation establishes tolerances for residues of oxytetracycline in or on fruit, citrus, crop group 10-10. Geo Logic Corporation requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA). Info HERE

Final rule: Environmental Protection Agency (EPA): This regulation establishes tolerances for residues of bixafen in or on multiple commodities which are identified and discussed later in this document. FMC Corporation requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA). Info HERE

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