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 water rights, labeling, easement, and FDA issues.

Little Cottonwood Tanner Ditch Co. v. Sandy City, 2016 UT 45, involved century-old contractual water rights. In 1910, the district court issued a decree establishing water rights for the Little Cottonwood Creek. The decree also terminated a contract granting rights to use a portion of the water. A subsequent decree replaced the terminated contract with new terms governing contractual water rights. In 2013, parties bound by the contractual provisions contained in the latest decree filed a “postjudgment motion” in the century-old case, asking the district court to “modify the decree to increase the amount of the monthly payment to account for inflation and the increased value of the water.” The district court denied the motion, ruling that it did not have the authority “to reopen the one-hundred-year-old case to modify the final judgment.” Appellate court affirmed.

Brazil v. Dole Packaged Foods, LLC, No. 14-17480, 2016 WL 5539863, (9th Cir. Sept. 30, 2016), plaintiff claimed defendants deceptively described their fruit products as “All Natural Fruit,” and appealed district court’s grant of summary judgment for defendant. Plaintiff claimed defendant’s labels “describe the packaged fruit as ‘All Natural Fruit,’ despite the fact that the products contain synthetic citric and ascorbic acid.” Court observed that the evidence, “including the conflicting testimony of expert witnesses and Dole employees—could also allow a trier of fact to find that the synthetic citric and ascorbic acids in Dole’s products were not ‘natural.’” Summary judgment for defendant reversed.

In Wonder Ranch, LLC v. United States, No. CV 14-57-BU-SEH, 2016 WL 6237196, (D. Mont. Oct. 24, 2016), plaintiff sued under the Quiet Title Act claiming exclusive ownership and control of part of a trail. Defendants counterclaimed, asserting the United States and the public hold a “prescriptive easement” over the trail. Court considered the elements of a prescriptive easement under Montana law and ruled that defendants “carried the burden of proving each of these elements by clear and convincing evidence.” Court ruled a prescriptive easement for the trail in question existed.

In GRAHAM FORSHER, on behalf of himself & all others similarly situated, Plaintiff, v. THE J.M. SMUCKER CO., Defendant., No. 15 CV 7180(RJD)(MDG), 2016 WL 6236603, (E.D.N.Y. Oct. 18, 2016), plaintiff alleged defendant’s branding of peanut butter products as “Natural” is deceptive, misleading, and false because the products use sugar beets derived from genetically-modified seeds. Defendant moved to stay the case because the FDA is reviewing the issue of use of the term “natural” on food labels. Court ordered case stayed pending FDA’s rulemaking process.

REGULATORY: Includes USDA, FWS, FDA, FS, ITA, NASS and NOAA rules and notices. 

AGRICULTURE DEPARTMENT: Notice USDA has submitted collection requirement(s) to OMB for review. Title: Untreated Oranges, Tangerines, and Grapefruit From Mexico Transiting the United States to Foreign Countries. Info here.

FISH AND WILDLIFE SERVICE:

Notice FWS initiates a 5-year status review for the red wolf under the Endangered Species Act of 1973. Info here.

Notice the North American Wetlands Conservation Council will meet to select North American Wetlands Conservation Act grant proposals for recommendation to the Migratory Bird Conservation Commission. Info here.

FOOD AND DRUG ADMINISTRATION:

Rule FDA is announcing the availability of a draft guidance for industry entitled “Describing a Hazard That Needs Control in Documents Accompanying the Food, as Required by Four Rules Implementing the FDA Food Safety Modernization Act: Guidance for Industry.” Details here.

FOREST SERVICE:

Notice the Allegheny Resource Advisory Committee will meet in Warren, Pennsylvania. Details here.

Notice the Forest Resource Coordinating Committee will meet in Washington, DC. Details here.

Notice he National Urban and Community Forestry Advisory Council will meet in Washington, DC. Details here.

INTERNATIONAL TRADE ADMINISTRATION:

Notice Avanti Frozen Foods Private Limited requested a changed circumstances review of the antidumping duty order on certain frozen shrimp from India. Info here.

Notice Department of Commerce is initiating a new shipper review of the antidumping duty order on freshwater crawfish tail meat from the People’s Republic of China with respect to Jingzhou Tianhe Aquatic Products Co., Ltd. Details here.

NATIONAL AGRICULTURAL STATISTICS SERVICE:

Notice NASS will request revision and extension of a currently approved information collection, the Cotton Ginning Survey. Info here.

Notice announcing an invitation from the Office of the Secretary of Agriculture for nominations to the Advisory Committee on Agriculture Statistics. Info here.

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION:

Rule NMFS is opening directed fishing for groundfish by vessels using trawl gear in the Gulf of Alaska. Details here.

Notice Department of Commerce invites the general public and other Federal agencies to comment on proposed and/or continuing information collections. NOAA has established large-scale depth-based management areas, referred to as Groundfish Conservation Areas, where groundfish fishing is prohibited or restricted. Info here.

Notice that NMFS has found that the following stocks are subject to overfishing—Hood Canal coho salmon and Pribilof Islands blue king crab. Details here.