A comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions HERE.

JUDICIAL: Includes Checkoff Program

Humane Society of the United States, et al., Appellees/Cross-Appellants v. Sonny PERDUE, Secretary of the Department of Agriculture, Appellant/Cross-Appellee; National Pork Producers Council, Appellant/Cross-Appellee, No. 18-5188, 2019 WL 3977559 (D.C. Cir. Aug. 23, 2019).

A pork producer and animal rights group allege that the National Pork Board’s approval of an agreement to use federal Pork Checkoff fund to purchase trademarks previously used by Checkoff program violated the statutory prohibition against using Checkoff funds for lobbying purposes. The United States District Court for the District of Columbia dismissed the case for lack of subject matter jurisdiction.  The Court of Appeals, District of Columbia Circuit, reversed and remanded. Upon remand, the United States District Court for the District of Columbia determined plaintiffs possessed standing, and that decision to authorize future payments for trademarks after entry of stipulation were arbitrary and capricious. The Court of Appeal, District of Columbia Circuit, then ruled that the producers failed to allege requisite injury for Article III standing to bring an action.

                                                                                                                                                            

LEGISLATIVE: Includes Bankruptcy

H.B. 2336: Family Farmer Relief Act of 2019 – Signed by President on August 23, 2019.

To learn more about the Family Farmer Relief Act of 2019 click here.

                                                                                                                                                            

REGULATORY: Includes EPA, FDA, and FWS rules.

ENVIRONMENTAL PROTECTION AGENCY:

Rule: EPA approved a regulation establishing an exemption from the requirement of a tolerance for residues of lipochitooliosaccharide (LCO) MOR116 in or on all food commodities when used in accordance with label directions and good agricultural practices. Info here.

Rule: EPA approved a regulation that establishes exemptions from the requirement of a tolerance for residues of pesticide inert ingredients within the C 1-C 4 linear and branched-chain alkyl d-glucitol dianhydro alkyl ethers (AD-GDAE) cluster. Info here.

Rule: EPA approved a regulation that establishes tolerances for residues of pydiflumetofen in or on multiple commodities. Info here.

Rule: EPA amended the animal drug regulations to reflect application-related actions for new animal drug applications (NADAs) and abbreviated new animal drug applications (ANANDAs) during January, February, and March 2019. Info here.

FISH AND WILDLIFE SERVICES:

Rule: FWS approved a provision that directed the Secretary of the Interior to clarify that rice ratooning and post-disaster flooding, when carried out as part of normal agricultural operation, does not constitute baiting with regard to migratory bird hunting. Info here.

FOOD AND DRUG ADMINISTRATION:

Rule: FDA amended the color additive regulations to provide for the safe use of soy leghemoglobin as a color additive in ground beef analog products. They took this action in response to a color additive petition (CAP) submitted by Impossible Foods, Inc. Info here.