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Procedures: Federal Preemption

The Constitution of the United States is made up of hundreds of clauses. Article VI is known as the Supremacy Clause...

Checking In on Crop Insurance: Federal Judge Examines Policy Language on Silage Varieties

Many agricultural producers across the nation obtain crop insurance coverage for their planted acreage under the federal crop insurance program (“FCIP”)....

DOJ Announces Three Environmental Justice Initiatives

On May 5, 2022, the Department of Justice (“DOJ”) announced that it would be taking three actions intended to “enhance the...

The Second White House Conference on Food, Hunger, Nutrition, and Health

On Wednesday, May 4, 2022, the White House announced that it will host a conference on hunger, nutrition, and health in...

Equal Employment Opportunities for Agricultural Workers

Several federal laws protect workers by ensuring equal access to job opportunities. These laws prevent employers from discriminating against potential and...

Checking In on Crop Insurance: An Overview of the Federal Program

Many agricultural producers across the nation obtain crop insurance coverage for their planted acreage under the federal crop insurance program (“FCIP”)....

Plaintiffs & Pesticides: Design Defect Claims in Pesticide Injury Lawsuits

Many plaintiffs in pesticide injury lawsuits raise the state law claim of design defect. Plaintiffs typically raise design defect claims in...

What is an Organic Dairy Cow?

On April 5, 2022 the Agricultural Marketing Service (AMS), an agency within the United States Department of Agriculture (USDA), published a...

Rights of H-2A Workers

H-2A agricultural guest workers (“H-2A workers”) are in the United States as part of a visa program for short-term agricultural labor...

FSA Announces Emergency Aid to Livestock Producers Adversely Impacted by Drought or Wildfire

Recently, the U.S. Department of Agriculture (“USDA”) announced it is implementing a program to provide aid to certain livestock producers. This...

Plaintiffs & Pesticides: Negligence Claims in Pesticide Injury Lawsuits

One of the claims most commonly raised in pesticide injury cases is the claim of negligence. Like the other claims discussed...

Truth in Labeling Laws(uits) – Update and Recent Developments

In the past few years, several states have passed laws governing the words or phrases that food manufacturers can use to...

Procedures: How a Bill Becomes a Law

Most people have seen the Schoolhouse Rock! musical “I’m Just a Bill” which does a great, and entertaining, job of explaining...

Lending for Livestock, Credit for Crops: Distribution of Proceeds

Many agricultural producers borrow money to successfully run their operations. Typically, the lender requires the borrower to give a security interest...

Plaintiffs & Pesticides: Intro to Pesticide Injury Litigation

Over the past few years, there has been a series of high-profile lawsuits filed against pesticide manufacturers by plaintiffs who claim...

Food Recalls: What are They and How do They Work?

Food safety in the United States is regulated by two agencies. The Food Safety and Inspection Service (FSIS) regulates meat, poultry,...

Procedures: The First Amendment and Agriculture

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of...

Protection for Buyers of Farm Products: A Primer on the Federal Farm Products Rule

The Food Security Act of 1985 (“FSA”) established a rule known as the federal farm products rule (codified as 7 U.S.C....

Scope of EPA Authority Before the Supreme Court

UPDATE: On June 30, 2022, the Supreme Court issued its decision in West Virginia v. U.S. Envt’l Protection Agency finding in favor of the...

First there was AquAdvantage Salmon, then there was GalSafe Pigs, and now there’s PRLR-SLICK Cattle

On March 7, 2022, the Center for Veterinary Medicine (CVM), which is housed within the Food and Drug Administration (FDA), announced...