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 service of process, LUBA, and animal confinement issues.
Sociedad de Produccion Rural de Responsabilidad Limitada Huehuetan v. Golden Fruit Co. LLC, No. CV-16-00224-TUC-EJM, 2016 WL 3548770 (D. Ariz. June 30, 2016) involved a PACA case alleging defendant failed to pay plaintiff agreed-upon purchase price for an order of bananas. Plaintiff made numerous unsuccessful attempts to personally serve the defendant, incurring attorney’s fees and costs. Court granted plaintiff’s motion for alternative service.
In Howard GRABHORN & Grabhorn, Inc., Petitioners, v. WASHINGTON COUNTY & Arthur J. Kamp, Respondents., No. 2015018, 2016 WL 3595765, (Or. Ct. App. June 29, 2016), petitioners wanted judicial review of a Land Use Board of Appeals (LUBA) order affirming a decision denying their application for a composting facility on their property. Petitioners argued that the applicable Oregon Administrative Rule (OAR) prohibits “local government from making any changes to a compatibility determination after a Department of Environmental Quality permit has issued.” The court disagreed, reasoning that the rule at issue was “designed to ensure state agency compatibility with local comprehensive plans,” and not to “restrict the local government’s ability to alter those plans.” LUBA order affirmed.
Dunn v. Attorney Gen., No. SJC-12107, 2016 WL 3599946 (Mass. July 6, 2016) concerned whether the Attorney General properly certified a petition proposing a new law prohibiting confinement of animals on a commercial farm “in a cruel manner” and the sale of products “produced from animals so confined.” Plaintiffs argued the initiative petition was not properly certified because the animal “confinement restriction” and the “prohibition against sale” were not “related or mutually dependent subjects.” Appellate court disagreed, reasoning, “Both the farm provision and the sales provision share a common purpose of preventing farm animals from being caged in overly cramped conditions.” Case remanded for entry of declaratory judgment.
S. 1252: Global Food Security Act of 2016. Passed 369/53
H.R. 3844: Bureau of Land Management Foundation Act. Bill passed by House on July 5 and now goes to the Senate.
REGULATORY: Includes FAS and FS notices.
FOREIGN AGRICULTURAL SERVICE:
Notice FAS will request an extension for an information collection supporting the regulation of CQEs required to enter sugar and sugar-containing products under the tariff-rate quotas into the United States. Info here.
Notice FAS will request an extension for an information collection supporting the Export Sales Reporting program. Details here.
FOREST SERVICE: Notice that the Siskiyou County Resource Advisory Committee (RAC) will meet in Yreka, California. Info here.