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 FDCA and Title VII issues.

In United States v. DeCoster, No. 15-1890, 2016 WL 3615684 (8th Cir. July 6, 2016), defendants pled guilty, as “responsible corporate officers,” to misdemeanor violations for placing eggs “adulterated with salmonella enteritidis” into interstate commerce. The district court sentenced defendants to three months imprisonment and appellate court affirmed. Notably, the court stated that under the Federal Food, Drug & Cosmetic Act responsible corporate officer concept, “individuals who ‘by reason of [their] position in the corporation [have the] responsibility and authority’ to take necessary measures to prevent or remedy violations of the FDCA and fail to do so, may be held criminally liable as ‘responsible corporate agents,’ regardless of whether they were aware of or intended to cause the violation.”

In Aguiniga v. Delgado, No. 3:15CV562-DPJ-FKB, 2016 WL 3620728 (S.D. Miss. June 28, 2016), plaintiff, a former poultry-plant employee, claimed she was sexually harassed by a supervisor and that defendants allowed conduct to continue. Court considered whether plaintiff’s complaint sufficiently alleged “employer status” against certain defendants and determined plaintiff did not provide enough “factual content to state a plausible claim under Title VII.” Title VII claims dismissed without prejudice.

REGULATORY: Includes FSIS, FS and NASS notices.

FOOD SAFETY AND INSPECTION SERVICE:

Notice FSIS will renew the approved information collection regarding the accredited laboratory contact update form. Details here.

Notice FSIS will renew the approved information collection regarding industry responses to noncompliance records. Info here.

FOREST SERVICE: Notice the Kenai Peninsula-Anchorage Borough Resource Advisory Committee will meet in Girdwood, Alaska. The committee is authorized under the Secure Rural Schools and Community Self- Determination Act. Info here.

NATIONAL AGRICULTURAL STATISTICS SERVICE: Notice USDA submitted information collection requirement(s) to OMB for review and clearance. Title: 2017 Census of Agriculture. Info here.