A comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions HERE.
JUDICIAL: Includes Trademark Law
In Kiva Health Brands LLC v. Kiva Brans Inc., et al., No. 19-cv-03459-CRB (N.D. Cal. September 6, 2019) the plaintiff, a maker of natural foods and health supplements, brought a suit against defendant, a maker of cannabis-infused chocolate and other “edibles.” Both companies claim the right to the KIVA mark. Plaintiff has held a fedrally-registered trademark in the KIVA mark since 2014. However, defendant claims to have inherited the KIVA mark from predecessors who have been using it to make cannabis-infused edibles in California since 2010. The Court denied both parties claims for preliminary injunction. The Court granted plaintiff’s motion to dismiss two of defendant’s counterclaims in light of the fact that defendant manufactures a product that is illegal under federal law.
REGULATORY: Includes EPA, FWS, USFS
ENVIRONMENTAL PROTECTION AGENCY
Rule establishing an exemption from the requirement of a tolerance for residues of alcohols, C 2-33, manuf. of, by-products from, overheads when used as an inert ingredient in pesticide products applied to growing crops and raw agricultural commodities after harvest, and to animals. Info here.
Rule establishing an exemption from the requirement of a tolerance for residues of C 10-C 16 branched and linear alkylbenzene sulfonates, including benzenesulfonic acid, dodecyl (CAS Reg, No. 27176-87-0) and benzenesulfonic acid, dodecyl-, sodium salt (CAS Reg. No. 25155-30-0), when used as an active or inert ingredient in antimicrobial pesticide formulations applied to food-contact surfaces in public eating places, dairy-processing equipment, and food-processing equipment and utensils. Info here.
Rule establishing tolerances for residues of abamectin in or on multiple commodities. Info here.
FISH & WILDLIFE SERVICE
Proposed rule to reclassify the American burying beetle from endangered to threatened under the Endangered Species Act. Info here.
Notice of intent to prepare an Environmental Impact Statement for the Ashley National Forest. Info here.