JUDICIAL:

ISRAEL K. NEGASH, an individual; ETHIO, INC., a Maryland Corp. d/b/a Sunoco Food Mart, Plaintiffs – Appellants, v. UNITED STATES OF AMERICA, Defendant – Appellee., No. 18-1869, 2019 WL 2005678 (4th Cir. May 7, 2019)
Israel K. Negash and Ethio, Inc. (collectively, Appellants), filed a petition pursuant to 7 U.S.C. § 2023 (2012), seeking judicial review of the United States Department of Agriculture (USDA)’s decision to permanently disqualify them from participating in the Supplemental Nutrition Assistance Program (SNAP). The district court granted the USDA’s motion for summary judgment and denied the Appellants’ Fed. R. Civ. P. 59(e) motion. The Appellants contend that the district court erred in granting summary judgment prior to discovery. We affirm the district court’s orders.  The District Court’s decision was affirmed.

REGULATORY:
Proposed rule: Agricultural Marketing Service, USDA; This proposed rule would implement a recommendation from the Cherry Industry Administrative Board (Board) to establish free and restricted percentages for the 2018-19 crop year under the Marketing Order for tart cherries grown in the states of Michigan, New York, Pennsylvania, Oregon, Utah, Washington, and Wisconsin. This action would establish the proportion of tart cherries from the 2018-19 crop which may be handled in commercial outlets. This action would also revise the regulations regarding grower diversion. This action should stabilize marketing conditions by adjusting supply to meet market demand and help improve grower returns. Info HERE
Notice: Environmental Protection Agency (EPA): EPA has received specific exemption requests from the Virginia Department of Agriculture and Consumer Services (VDACS) to use the insecticide dinotefuran (CAS No. 165252-70-0) to treat up to 29,000 acres of pome fruits and stone fruits to control the brown marmorated stinkbug. The applicant proposes uses which are supported by the Interregional Research Project Number 4 (IR-4) and have been requested in 5 or more previous years, and petitions for tolerances have not yet been submitted to the Agency. Therefore, EPA is soliciting public comment before making the decision whether to grant the exemptions. Info HERE
Final rule: Environmental Protection Agency (EPA); This regulation establishes tolerances for residues of the insecticide cyflumetofen in or on tea, dried. OAT Agrio. Ltd., Tokyo, Japan c/o Landis International, Inc. requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA). Info HERE
Notice of meeting: Forest Service, USDA; The Alabama Resource Advisory Committee (RAC) will meet in Montgomery, Alabama. The committee is authorized under the Secure Rural Schools and Community Self-Determination Act (the Act) and operates in compliance with the Federal Advisory Committee Act. The purpose of the committee is to improve collaborative relationships and to provide advice and recommendations to the Forest Service concerning projects and funding consistent with Title II of the Act.  Info HERE
Notice: Food and Nutrition Service (FNS), USDA; In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and public agencies to comment on a proposed information collection. This collection is an extension, without change, of a currently approved collection for maintaining the National Disqualified List of institutions, day care home providers, and individuals that have been terminated or otherwise disqualified from Child and Adult Care Food Program (CACFP) participation. These federal requirements affect eligibility under the CACFP. The State Agencies are required to enter data as institutions and individuals become disqualified from participating in the CACFP. The collection is the result of a FNS web-based system constructed to update and maintain the list of disqualified institutions and individuals so that no State agency or sponsoring organization may approve any entity on the National Disqualified List to ensure the integrity of the Program. Info HERE
Notice of meeting: Animal and Plant Health Inspection Service, USDA; We are giving notice of a meeting of the General Conference Committee of the National Poultry Improvement Plan. Info HERE
Notice and request for comments; correction: Agricultural Research Service (ARS), USDA; The Agricultural Research Service published a document in the Federal Register of April 30, 2019 concerning request for comments on forms pertaining to the scientific peer preview of ARS research projects. The document was missing the collection title, OMB number and expiration date. Info HERE
Final rule: Environmental Protection Agency (EPA); EPA is finalizing a correction pertaining to the “200 ppb (parts per billion) level” described in the antimicrobial pesticides data requirements regulation to clarify that the 200 ppb level is based on total estimated daily dietary intake for an individual and not on the amount of residue present on a single food, as was incorrectly implied by the previous regulatory text. This change is intended to enhance understanding of the data required to support an antimicrobial pesticide registration and does not alter the burden or costs associated with these previously-promulgated requirements. This action does not otherwise establish any new data requirements or any other revisions (substantive or otherwise) to existing requirements. Info HERE
Notice; comment requested: Rural Business-Cooperative Service, USDA; In accordance with the Paperwork Reduction Act of 1995, this notice announces the Rural Business-Cooperative Service’s intention to request an extension for a currently approved information collection in support of the Rural Economic Development Loan and Grant Program. Info HERE
Notice of availability: Animal and Plant Health Inspection Service, USDA; We are advising the public that we have prepared a pest risk analysis that evaluates the risks associated with importation of fresh soursop fruit from Mexico into the continental United States. Based on the analysis, we have determined that the application of one or more phytosanitary measures will be sufficient to mitigate the risks of introducing or disseminating plant pests or noxious weeds via the importation of fresh soursop fruit from Mexico. We are making the pest risk analysis available to the public for review and comment. Info HERE
Notice of availability: Animal and Plant Health Inspection Service, USDA; We are advising the public that we have prepared a pest risk analysis that evaluates the risks associated with importation of fresh sapodilla fruit from Mexico into the continental United States. Based on the analysis, we have determined that the application of one or more phytosanitary measures will be sufficient to mitigate the risks of introducing or disseminating plant pests or noxious weeds via the importation of fresh sapodilla fruit from Mexico. We are making the pest risk analysis available to the public for review and comment. Info HERE
Notice of availability: Animal and Plant Health Inspection Service, USDA; We are advising the public that we have prepared a pest risk analysis that evaluates the risks associated with importation of fresh mombin fruit from Mexico into the continental United States. Based on the analysis, we have determined that the application of one or more phytosanitary measures will be sufficient to mitigate the risks of introducing or disseminating plant pests or noxious weeds via the importation of fresh mombin fruit from Mexico. We are making the pest risk analysis available to the public for review and comment. Info HERE
Notice of availability: Animal and Plant Health Inspection Service, USDA; We are advising the public that we have prepared a pest risk analysis that evaluates the risks associated with importation of fresh mamey sapote fruit from Mexico into the continental United States. Based on the analysis, we have determined that the application of one or more phytosanitary measures will be sufficient to mitigate the risks of introducing or disseminating plant pests or noxious weeds via the importation of fresh mamey sapote fruit from Mexico. We are making the pest risk analysis available to the public for review and comment. Info HERE