A comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions HERE. 

JUDICIAL:

MARY LA VIGNE, KRISTEN HESSLER, and KATHLEEN HOGAN on behalf of themselves and all others similarly situated, Plaintiffs, v. COSTCO WHOLESALE CORPORATION, Defendant, No. 16-CV-07924 (NSR), 2018 WL 401509 (S.D.N.Y. January 10, 2018) involved a class action alleging “deceptive marketing practices in the sale of consumer goods.” Plaintiffs claimed defendant marketed “Kirkland Canned Chicken” in a deceptive manner. Defendant moved to dismiss for failure to state a claim and argued plaintiffs’ claims are preempted by federal law and that they “cannot utilize a state law claim as a vehicle to privately enforce a federal statute that lacks a private right of action.” Defendant’s motion to dismiss granted.

LEGISLATIVE:

H.R. 4770: To amend the Gulf of Mexico Energy Security Act of 2006 to permanently extend the moratorium on leasing in certain areas of the Gulf of Mexico. Bill’s text is now available.

H.R. 4774: To prohibit oil and gas leasing on the outer Continental Shelf off the coast of New England. Bill’s text is now available.

H.R. 4782: To provide additional disaster recovery assistance for the Commonwealth of Puerto Rico and the United States Virgin Islands. Bill’s text is now available.

H.R. 4033: National Geologic Mapping Act Reauthorization Act. Bill’s text for status Reported by House Committee (Jan 12, 2018) is now available.

S. 117: Alex Diekmann Peak Designation Act of 2017. Bill added to the House’s schedule for the coming week.

REGULATORY: Includes AMS, FWS, FDA, ITA, and NOAA rules and notices.

AGRICULTURAL MARKETING SERVICE:

Rule AMS is announcing a meeting of the National Organic Standards Board to assist the USDA in the development of standards for substances to be used in organic production and to advise the Secretary of Agriculture on any other aspects of the implementation of the Organic Foods Production Act. Info here.

Rule would amend the National List of Allowed and Prohibited Substances provisions of the USDA’s organic regulations to implement recommendations submitted to the Secretary of Agriculture by the National Organic Standards Board (NOSB). Details here.

Notice AMS is reopening the comment period on the notice requesting comments on revisions to the United States Standards for Grades of Pork Carcasses published in the Federal Register (82 FR 48971) on October 23, 2017. The comment period for this notice closed on December 22, 2017. Details here.

ANIMAL AND PLANT HEALTH INSPECTION SERVICE:

Notice APHIS will request a revision to and extension of approval of an information collection associated with livestock disease surveillance programs. Info here.

Notice APHIS is adding the Philippines to the list of regions that the Animal and Plant Health Inspection Service considers to be affected by highly pathogenic avian influenza. Info here.

FISH AND WILDLIFE SERVICE: Notice FWS developed a draft revised marine mammal stock assessment report for the northern sea otter stock in the State of Washington. Info here.

FOOD AND DRUG ADMINISTRATION:

Rule FDA is extending the comment period for the proposed rule that appeared in the Federal Register of October 31, 2017. FDA is responding to requests for an extension to allow interested persons additional time to submit comments. All submissions received must include the Docket No. FDA-2017-N-0763 for “Food Labeling: Health Claims; Soy Protein and Coronary Heart Disease.” Info here.

Notice FDA is announcing an opportunity for public comment on collection of information by the Agency. All submissions received must include the Docket No. FDA-2010-N-0155 for “Agency Information Collection Activities; Proposed Collection; Comment Request; Veterinary Feed Directive.” Details here.

INTERNATIONAL TRADE ADMINISTRATION:

Notice provides the schedule and proposed agenda of a meeting of the Environmental Technologies Trade Advisory Committee. Details here.

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION:

Rule the National Marine Fisheries Service is proposing this Commerce Trusted Trader Program (CTTP) as part of an effective seafood traceability process to combat Illegal, Unreported, and Unregulated (IUU) fishing and seafood fraud. Info here.

Notice Commerce will submit to the Office of Management and Budget (OMB) for clearance the following proposal for collection of information. Title: Greater Atlantic Region Dealer Purchase Reports. Info here.

Notice Commerce will submit to the Office of Management and Budget (OMB) for clearance the following proposal for collection of information. Title: Alaska American Fisheries Act (AFA) Reports. Details here.

Notice Commerce will submit to the Office of Management and Budget (OMB) for clearance the following proposal for collection of information. Title: Southeast Region Individual Fishing Quota Programs. Info here.

Notice NMFS, Southeast Region, will prepare a DEIS to describe and analyze management alternatives to be included in the State Management Program for Recreational Red Snapper Amendment to the Fishery Management Plan (FMP) for the Reef Fish Resources of the Gulf of Mexico. Info here.

Notice NMFS notifies the public of the aboriginal subsistence whaling quota for bowhead whales that it has assigned to the Alaska Eskimo Whaling Commission (AEWC), and of limitations on the use of the quota deriving from regulations of the International Whaling Commission. Details here.