A comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions to: camarigg at uark.edu
ANNOUNCEMENT: Join us tomorrow at 12 noon (ET) for a free webinar: Major Market Approval and the Syngenta China Corn Class Action. Details and sign-in information here.
JUDICIAL: Includes employment, biosecurity, zoning, and bankruptcy issues.
In Lawrence Revis, Jr., Plaintiff, v. T&A Farms, Timothy Dale Davis, Alphine Davis, and Stacey Dinwiddie, Defendants, No. 5:14-CV-88, 2017 WL 150503 (S.D. Ga. Dec. 13, 2017), plaintiff worked at defendant’s egg farm and alleged racist working conditions, with defendants constantly using “invidious racial epithets.” Plaintiff moved for summary judgment alleging discrimination under Title VII. Court noted that Title VII “only applies to those employers who have fifteen or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year.” Defendant testified that he “does not have more than six full-time employees at any given time,” and “does not hire relief workers for more than a few days at a time.” Summary judgment denied.
In Rembrandt Enterprises, Inc., Plaintiff, v. Illinois Union Insurance Co., Defendant, Civ. No. 15-2913 (RHK/HB), 2017 WL 129998 (D. Miss. Dec. 12, 2017), plaintiff sued its insurer after insurer refused to cover losses stemming from a bird flu outbreak. Court considered the parties’ cross-Motions for Summary Judgment. Plaintiff argued bird flu spread to its farms by air and via human activity. Defendant argued airborne transmission of bird flu “is unlikely given the distance (eight to twenty miles) between [plaintiff’s] farms and the infected farms” identified by plaintiff’s expert. Court concluded that it “is simply not in a position to determine as a matter of law how the bird flu spread to Rembrandt’s farms and, accordingly, neither party is entitled to summary judgment.”
In James and Melanie Nipper, Appellants, v. Walton County, Florida, a Political Subdivision of the State of Florida, Appellee, 1D16–512, 2017 WL 163693 (Fla. Dist. Ct. App. Jan. 17, 2017), plaintiffs appealed order enjoining them from operating a skydiving business on their farm. Court observed that, “An injunction is available to enforce local zoning regulations where there is a ‘clear legal right’ to the relief,” and further reasoned that, “A county demonstrates a clear legal right to injunctive relief by showing that a party has violated a law, code, or ordinance.” No evidence suggested plaintiff violated county zoning code and injunction order reversed.
IN RE: GARY L. SCHLEY AND JULIE M. SCHLEY, Debtors. GARY L. SCHLEY AND JULIE M. SCHLEY, Plaintiffs, v. PEOPLES BANK AND WATONWAN FARM SERVICE, Defendants. PEOPLES BANK, Cross-Claimant, v. WATONWAN FARM SERVICE, Defendant to Cross-Claim, Bankruptcy No. 10-03252, Adversary No. 10-09255, 2017 WL 149944 (Bankr. N.D. Iowa Jan. 13, 2017) involved a Chapter 12 bankruptcy dispute wherein a bank held a perfected security interest in debtors’ livestock proceeds. A third-party defendant (Watonwan) held a “superpriority agricultural supply dealer lien” in the same proceeds. The proceeds came from debtor’s sale of pigs for which Watonwan supplied feed. The dispute concerned which party was entitled to proceeds. Bank argued Watonwan’s “superpriority lien is limited to the cost of the feed that was consumed by the pigs that were sold and generated the proceeds.” Court ruled for third-party defendant Watonwan and found “the lien is for the full amount of the feed supplied and attached in full to the animals that consumed the feed.”
LEGISLATIVE:
H.R. 72: GAO Access and Oversight Act of 2017. Bill Passed 99/0.
REGULATORY: Includes AMS, APHIS, EDA, EPA, FWS, FDA, NOAA, and RUS rules and notices.
AGRICULTURAL MARKETING SERVICE:
Rule addressing recommendations submitted to the Secretary of Agriculture by the National Organic Standards Board following their October 2015 meeting. Details here.
Rule invites comments to determine whether the issuance of a proposed Organic Research, Promotion, and Information Order is favored by certified organic producers, certified organic handlers, and importers of certified organic products. Details here.
Rule proposes establishment of an industry-funded promotion, research, and information program for certified organic products. Details here.
ANIMAL AND PLANT HEALTH INSPECTION SERVICE:
Notice requesting an extension of approval of an information collection associated with the Cooperative Agricultural Pest Survey. Details here.
Notice requesting an extension of approval of an information collection associated with Federal recognition of a State’s plant pest containment, eradication, or exclusion program as a Federally Recognized State Managed Phytosanitary Program. Info here.
Notice requesting an extension of approval of an information collection associated with regulations for the importation of avocados from continental Spain. Info here.
Notice requesting an extension of approval of an information collection associated with the regulations for the importation of emerald ash borer host material from Canada. Info here.
Notice requesting an extension of approval of an information collection associated with regulations for the importation of fresh apricots from continental Spain. Details here.
Notice requesting an extension of approval of an information collection associated with the regulations for the importation of fresh beans, shelled or in pods, from Jordan into the continental United States. Info here.
Notice requesting an extension of approval of an information collection associated with the regulations for the interstate movement of fruit from Hawaii. Info here.
Notice that Biotechnology Regulatory Services of APHIS is updating its Biotechnology Quality Management System Program and renaming it the Biotechnology Quality Management Support Program. Details here.
Notice that creeping bentgrass is no longer considered a regulated article under our regulations governing introduction of genetically engineered organisms. Details here.
Notice APHIS prepared an environmental assessment concerning authorization to ship for the purpose of field testing an unlicensed Bursal Disease-Marek’s Disease-Newcastle Disease Vaccine, Serotype 3, Live Marek’s Disease Vector. Info here.
Notice APHIS prepared a final environmental assessment and finding of no significant impact relative to the release of Lasioptera donacis for the biological control of giant reed in the continental United States. Details here.
ECONOMIC DEVELOPMENT ADMINISTRATION: Notice the National Advisory Council on Innovation and Entrepreneurship will hold a public meeting on Thursday, February 2, 2017. Details here.
ENVIRONMENTAL PROTECTION AGENCY: Rule establishes tolerances for residues of acequinocyl in or on multiple commodities. Details here.
FISH AND WILDLIFE SERVICE:
Notice FWS sent an Information Collection Request to OMB for review. Title: Import of Sport-Hunted African Elephant Trophies, 50 CFR 17. Info here.
Notice FWS will gather information to draft a Comprehensive Conservation Plan for the National Bison Range. Info here.
FOOD AND DRUG ADMINISTRATION: Notice announcing a draft guidance for industry entitled “The Prohibition of Distributing Free Samples of Tobacco Products; Draft Guidance for Industry.” Details here.
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION:
Rule NMFS specifies an annual catch limit of 318,000 lb of Deep 7 bottomfish in the main Hawaiian Islands. Details here.
Rule NMFS proposes regulations to implement Amendment 36 to the Fishery Management Plan for the Snapper-Grouper Fishery of the South Atlantic Region. Info here.
Rule NMFS is proposing regulations under the Tuna Conventions Act. Details here.
Rule NMFS proposes annual catch limits for Pacific Island bottomfish, crustacean, precious coral, and coral reef ecosystem fisheries. Details here.
RURAL HOUSING SERVICE: Notice announcing a series of teleconferences regarding USDA Section 538 Guaranteed Rural Rental Housing program. Details here.