A comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions HERE.
JUDICIARY: Includes agritourism
In Friends of Yamhill Cty. v. Yamhill Cty., 301 Or. App. (2020), the plaintiffs sought judicial review of a final order from the Land Use Board of Appeals (“LUBA”) concerning Yamhill County’s approval of a permit to conduct beer-tasting events on land that was zoned for exclusive farm use. The Oregon statute that governs such permits allows a county to authorize certain “agritourism or other commercial events or activities” if they are “incidental and subordinate to existing commercial farm use of the tract and are necessary to support the commercial farm uses or the commercial agricultural enterprises in the area.” The plaintiffs argued that LUBA and Yamhill County mistakenly interpreted the “incidental and subordinate” requirement so that it could be satisfied by comparing the number of days of tasting events to the number of days of farm use. According to the plaintiffs, LUBA and Yamhill County should have compared the respective intensity or economic impact of the existing farm use and the proposed tasting events to satisfy the “incidental and subordinate” requirement. Ultimately, the court agreed with the plaintiff, concluding that the context of the Oregon statute suggested that the Oregon legislature intended for the phrase “incidental and subordinate to existing commercial farm use of the tract” require counties to engage in a comparison of the nature, intensity, and economic value of the propose agritourism events and the existing commercial farm use. Therefore, the court vacated the final order and sent the matter back to LUBA for reconsideration.
REGULATORY: Includes APHIS, EPA
ANIMAL AND PLANT HEALTH INSPECTION SERVICE
Final interpretive rule clarifying the agency’s authority to collect and maintain a reserve fund in support of the Agricultural Quarantine and Inspection program. Info here.
ENVIRONMENTAL PROTECTION AGENCY
Final rule establishing tolerances for residues of fenhexamid in or on multiple commodities. Info here.
Proposed rule for significant new use rules under the Toxic Substances Control Act for chemical substances that are the subject of premanufacture notices. Info here.