27 AugThe Ag and Food Law Update: August 27, 2019


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

JUDICIAL: Includes Employment 

Kelsey v. Hourigan, No. CA 18-01742, 2019 WL 3954537 (N.Y. Ct. App. R. August 22, 2019).

A farm employee, who also filed a workers’ compensation claims, brought an action against partner and partnership employer after being injured when a cow fell on him at a dairy farm. The worker was awarded workers’ compensation benefits. The New York Appeals Court held that the workers’ compensation benefits that the farm worker received were his sole remedy against partner and a partnership which owned the dairy farm, barring recovery in tort action. Furthermore, the court ruled that for the purposes of workers’ compensation exclusivity, a partnership and its partners are considered one entity when acting in furtherance of partnership business.

                                                                                                                                                            

REGULATORY: Includes EPA and FWS rules.

FISH AND WILDLIFE SERVICES:

Rule: FWS revised their regulations related to threatened species to remove the prior default extension of most of the prohibitions for activities involving endangered species to threatened species. Info here.

ENVIRONMENTAL PROTECTION AGENCY:

Rule: EPA approved a regulation that establishes a tolerance for residues of sedaxane in or on legume vegetables (dried or succulent), crop group 6. Info here.

Rule: EPA approved a regulation that establishes tolerances for residues of emamectin benzoate in or on mulitple commodities. Info here.

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

Rule: EPA approved a regulation that establishes an exemption from the requirement of a tolerance for residues of oxirane, 2-methyl-, polymer with oxirane, monoundecyl ether, branched and linear (CAS Reg. No. 2222805-23-2) when used as an inert ingredient in a pesticide chemical formulation. Info here.