A comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions to: camarigg at uark.edu
CASE LAW: Includes employment and FIFRA issues.
FOWLER PACKING COMPANY, INC. & GERAWAN FARMING, INC., Plaintiffs, v. DAVID M. LANIER, CHRISTINE BAKER, & JULIE A. SU, Defendants., No. 116CV00106DADSAB, 2016 WL 3648963 (E.D. Cal. July 8, 2016) involved employer liability legislation addressing employee compensation on a piece-rate basis. Piece-rate compensation is calculated based on the number of tasks completed, not hours worked. Last year, California enacted legislation (Assembly Bill 1513) to “address claims for recovery of wages, damages, and penalties with respect to piece-rate employees.” The legislation granted California farmers protection from lawsuits in exchange for back payments to employees. Plaintiffs alleged parts of the legislation violated the Equal Protection Clause and the prohibition against bills of attainder. Court found Legislature had “reasonable grounds to impose time limits” and no evidence it intended to punish plaintiffs. Defendant’s motion to dismiss granted.
In YOLANDA MENDOZA, Plaintiff, v. MONSANTO COMPANY, Defendant., No. 116CV00406DADSMS, 2016 WL 3648966 (E.D. Cal. July 8, 2016), plaintiff alleged she developed lymphoma as a result of using defendant’s Roundup product. Court considered “whether any requirements to be imposed by state rules are ‘in addition to or different from’ those required by FIFRA (Federal Insecticide, Fungicide, and Rodenticide Act).” Per the court, defendant did not show that plaintiff’s state law claims “impose any additional requirements beyond FIFRA’s requirement that the product not be misbranded.” Furthermore, Monsanto did not establish that “the EPA has determined Roundup is not misbranded under FIFRA.” Monsanto’s motion to dismiss on preemption grounds denied.
REGULATORY: Includes APHIS, FS and NFMS rules and notices.
ANIMAL AND PLANT HEALTH INSPECTION SERVICE:
Notice that proposed changes to the National Poultry Improvement Plan Program Standards are available for review. Info here.
Notice that Secretary of Agriculture renewed charter of the General Conference Committee of the National Poultry Improvement Plan for a 2-year period. Info here.
FOREST SERVICE:
Notice Southern Arizona Resource Advisory Committee will meet in Tucson, Arizona. Details here.
Notice FS corrects the comment due date in a document published in Federal Register of June 30, 2016, revising the Land and Resource Management Plan for the Santa Fe National Forest. Info here.
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION: Rule (temporary) that NMFS implements accountability measures for commercial greater amberjack in the Gulf of Mexico reef fish fishery for 2016. Info here.