A comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions to: camarigg at uark.edu
In Sheppard v. Monsanto Co., No. 16-00043 JMS-RLP, 2016 WL 3629074 (D. Haw. June 29, 2016), plaintiffs alleged that wife’s cancer was caused by exposure to the ingredient glyphosate in Roundup. Monsanto moved to dismiss contending that the plaintiffs’ “warnings-based” claims are preempted by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). Plaintiffs argued Monsanto’s existing label is “misbranded.” The court noted that, “[A] state-law labeling requirement is not pre-empted . . . if it is equivalent to, and fully consistent with, FIFRA’s misbranding provisions.” The court further stated that “a pesticide is ‘misbranded’ under FIFRA if its label is ‘false or misleading in any particular,’ or omits necessary warnings or statements,” and concluded that “because Plaintiffs essentially allege that Roundup is “misbranded” in violation of FIFRA and thus in violation of Hawaii law, Plaintiffs’ failure-to-warn claims are not preempted.” Defendant’s motion denied.
MEETING: Senate Committee on Energy and Natural Resources Meeting. July 12 at 9:30 a.m. in SD-366.
MEETING: House Committee on Natural Resources, “Changing Demands and Water Supply Uncertainty in California.” July 12 at 10 a.m. in LHOB 1324.
MEETING: House Committee on Agriculture Meeting, “Examining the CFTC’s Proposed Rule: Regulation Automated Trading.” July 13 at 10 a.m. in LHOB 1300.
REGULATORY: Includes AMS, USDA, APHIS, and FS rules and notices.
AGRICULTURAL MARKETING SERVICE:
Rule amends Marketing Agreement and Order No. 925 regulating handling of table grapes grown in a designated area of southeastern California. Info here.
Rule amends Marketing Order No. 989 regulating handling of raisins produced from grapes grown in California. Info here.
AGRICULTURE DEPARTMENT: Notice announcing forthcoming meeting of the Council for Native American Farming and Ranching, a public advisory committee of the Office of Tribal Relations. Info here.
ANIMAL AND PLANT HEALTH INSPRECTION SERVICE: Rule extending comment period for a proposed rule allowing importation of lemons from northwest Argentina into continental United States. Details here.
FOREST SERVICE: Notice the Wrangell-Petersburg Resource Advisory Committee will meet by videoconference in Wrangell, Alaska and Petersburg, Alaska. Info here.