A comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions to: camarigg at uark.edu
JUDICIAL: Includes FOIA, food labeling, and CERCLA issues.
In Gov’t Accountability Project v. Food & Drug Admin., No. 12-CV-1954 (KBJ), 2016 WL 4506967 (D.D.C. Aug. 26, 2016) plaintiff, a non-profit organization whose mission includes “enhanc[ing] overall food integrity by facilitating truth-telling and transparency,” requested FDA documents under the Freedom of Information Act (FOIA), regarding “sales of antimicrobial drugs labeled for use in food-producing animals during the year 2009.” FDA turned over some redacted documents, maintaining the redacted information fell under FOIA Exemptions 3 and 4. Court considered Exemption 3, which protects information “specifically exempted from disclosure by statute,” and found it “does not cover the redacted information because Section 105 of the Animal Drug and User Fee Amendments of 2008—the statute that the FDA invokes—is not an exemption statute.” Regarding Exemption 4, the court denied summary judgment because it found “a dispute of material fact regarding whether the release of the information would cause substantial competitive harm.”
In ALEX KHASIN, Plaintiff, v. R. C. BIGELOW, INC., Defendant., No. 12-CV-02204-WHO, 2016 WL 4502500 (N.D. Cal. Aug. 29, 2016), plaintiff sued under California’s Unfair Competition Law (UCL) claiming defendant mislabeled its green tea products by including the phrases “healthy antioxidants” and “packed powerful antioxidants” on its labels. Defendant’s motion for summary judgment granted as plaintiff “failed to provide evidence that a reasonable consumer is likely to be misled by (defendant’s) statements.” Furthermore, plaintiff provided no evidence to support his damages claim and he could not establish standing.
In DIAMOND X RANCH LLC,, Plaintiff, v. ATLANTIC RICHFIELD COMPANY, Defendants., No. 313CV00570MMDWGC, 2016 WL 4498211 (D. Nev. Aug. 26, 2016), plaintiff claimed drainage from defendant’s sulfur mine contaminated his property, alleging that release of hazardous substances from the mine caused plaintiff’s ranch to “incur response costs as defined under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).” Defendant asserted counterclaims and third party claims, and among a variety of issues, the court considered whether flood irrigation amounts to a “disposal” under CERCLA. The court observed that “CERCLA’s definition of ‘disposal’ expressly encompasses the ‘placing of any … hazardous waste … on any land,’” including “subsequent movement, dispersal, or release of hazardous substances during excavations.” The court interpreted the term “disposal” to “include activities beyond the introduction of hazardous waste onto property.”
REGULATORY: Includes AMS, FDA, FS and NASS rules and notices.
AGRICULTURAL MARKETING SERVICE: Notice AMS announces availability of a draft guidance document intended for use by accredited certifying agents and organic producers. Info here.
FOOD AND DRUG ADMINISTRATION:
Rule FDA is amending its regulations governing drug establishment registration and drug listing. Details here.
Notice FDA is announcing the availability of a draft guidance for industry entitled “Submission of Warning Plans for Cigars.” Info here.
FOREST SERVICE:
Notice FS will prepare a Supplement to the Greater Red Lodge Vegetation and Habitat Management Project Final Environmental Impact Statement to address the Forest Service’s recent analysis and to determine whether a change in the Records of Decision are required. Info here.
Notice Black Hills National Forest Advisory Board will meet in Rapid City, South Dakota. Details here.
Notice Manti-La Sal Resource Advisory Committee (RAC) will meet in Price, Utah. Info here.
NATIONAL AGRICULTURAL STATISTICS SERVICE:
Notice USDA seeks renewal of the 2-year charter for its discretionary committee, the Advisory Committee on Agriculture Statistics. Info here.
Notice NASS will request revision and extension of a currently approved information collection to comply with a mandate in the 2014 Farm Bill. Info here.