A comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions to: camarigg at uark.edu
JUDICIAL: Includes FLSA, workers’ compensation, and real property issues.
In Nicks v. Koch Meat Co., No. 16-CV-6446, 2016 WL 6277489 (N.D. Ill. Oct. 27, 2016), plaintiff filed class action against defendants seeking relief under the Fair Labor Standards Act. Defendant claimed lack of personal jurisdiction and improper venue. Plaintiffs argued court could “exercise both general and specific jurisdiction over Koch Foods of Mississippi because it ‘is so inextricably intertwined with Koch Meat that they are one in the same.’” Court noted the facts were “ambiguous” regarding defendants’ corporate structure, but granted “limited jurisdictional discovery relevant to Plaintiffs’ ‘alter ego’ theory of jurisdiction.” Defendant’s motion to dismiss denied.
In Dirshe v. Cargill Meat Sols. Corp., No. 114,745, 2016 WL 6311830, (Kan. Ct. App. Oct. 28, 2016), plaintiff was injured at his job cutting kidneys out of cow carcasses for defendant and he applied for workers compensation benefits. Plaintiff sought a specific workers compensation benefit called a “work-disability award,” which provides “partial compensation for wage loss after an injury.” Defendant assigned plaintiff a new job cutting tails off of the carcasses, but fired him 3 months later. Workers Compensation Board ruled plaintiff was fired “for cause” and plaintiff appealed. Court noted that, “Neither the workers-compensation statute nor any previously published appellate decision specifically describes what constitutes ‘cause’ for termination.” Court reasoned that “to determine whether good cause existed to fire an employee, the proper inquiry is whether the termination was reasonable, given all the circumstances.” After considering a host of facts, court affirmed Workers Compensation Board decision for defendant.
In SHERYL ANN FELLERS, APPELLEE, V. WILLIAM GEORGE FELLERS III, APPELLANT., No. A-15-560, 2016 WL 6210942, (Neb. Ct. App. Oct. 25, 2016), plaintiff and defendant were married in 1994, and decree dissolving their marriage entered in 2012. Decree awarded plaintiff a 40-acre tract of land. Defendant was ordered to pay debts owed to Farm Credit Services, secured by a mortgage on the land. Defendant was ordered to obtain the release of plaintiff from all debt owed to Farm Credit Services and plaintiff filed a petition to enforce the decree. District court granted plaintiff relief and defendant appealed. Court determined defendant was obligated to “satisfy the debts assigned to him, he should be required to satisfy those debts using his personal assets, not the proceeds of property awarded to [plaintiff].” Judgment for plaintiff affirmed.
REGULATORY: Includes USDA, EPA, FWS, FDA, FNS, FSIS, and NOAA rules and notices.
AGRICULTURE DEPARTMENT: Notice USDA has submitted information collection requirement(s) to OMB for review. Title: Tuberculosis. Info here.
ENVIRONMENTAL PROTECTION AGENCY: Rule EPA will issue amendments to the Non-Hazardous Secondary Materials rule, initially promulgated on March 21, 2011, and amended on February 7, 2013 and February 8, 2016, under the Resource Conservation and Recovery Act. Info here.
FISH AND WILDLIFE SERVICE:
Rule FWS announces the comment period reopening on our proposed rules to add the headwater chub and the roundtail chub distinct population segment as threatened species to the List of Endangered and Threatened Wildlife. Info here.
Notice FWS announces the availability of the technical/agency draft recovery plan for the endangered chucky madtom, a fish. Details here.
Notice FWS seeks information about potential objections to the public release of possibly confidential information regarding import and export activities tracked via the Service’s Law Enforcement Management Information System. Info here.
FOOD AND DRUG ADMINISTRATION:
Rule FDA announces availability of a guidance for industry #241 entitled “What You Need To Know About the FDA Regulation: Current Good Manufacturing Practice, Hazard Analysis, and Risk-Based Preventive Controls for Food for Animals” — Small Entity Compliance Guide. Info here.
Rule FDA announces availability of a guidance for industry entitled “What You Need To Know About the FDA Regulation: Current Good Manufacturing Practice, Hazard Analysis, and Risk-Based Preventive Controls for Human Food” — Small Entity Compliance Guide. Info here.
FOOD AND NUTRITION SERVICE:
Rule that this document contains technical corrections to the final rule published in the Federal Register on April 25, 2016, “Child and Adult Care Food Program: Meal Pattern Revisions Related to the Healthy, Hunger-Free Kids Act of 2010.” Info here.
Rule that this document contains corrections to the final rule published in the Federal Register on April 19, 2016, “Requirements for the Distribution and Control of Donated Foods—The Emergency Food Assistance Program: Implementation of the Agricultural Act of 2014.” Details here.
FOOD SAFETY AND INSPECTION SERVICE: Notice USDA will re-establish the National Advisory Committee on Meat and Poultry Inspection. Details here.
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION:
Rule NMFS is exchanging unused flathead sole and rock sole Community Development Quota (CDQ) for yellowfin sole CDQ acceptable biological catch reserves in the Bering Sea and Aleutian Islands management area. Details here.
Rule NMFS is implementing final specifications and management measures for the 2016-2018 Atlantic herring fishery. Details here.
Rule NMFS proposes to specify an annual catch limit of 318,000 lb for Deep 7 bottomfish in the main Hawaiian Islands for the 2016-17 fishing year. Info here.