A comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions to: camarigg at uark.edu
In S & S Packing Inc. v. Spring Lake Ratite Ranch, Inc., 2016 WL 3049606 (M.D. Fla. May 31, 2016), defendant, a grower, filed a claim with the USDA under PACA, claiming plaintiff, a grower’s agent, mishandled defendant’s blueberry crop and overcharged for expenses. In 2012, the USDA issued a “reparation award” for defendant in the amount of $109,295.65 plus interest and costs. Plaintiff appealed that award. In calculating the award, the judicial officer used “average terminal market prices reported by the USDA Market News Service” to determine the price for defendant’s fruit. Court affirmed order of the Secretary of Agriculture.
In Walker v. UME, Inc., 2016 WL 3136878 (Tex.App.–Austin. June 03, 2016), plaintiff sued defendants for injuries suffered when the Guadalupe River overran its banks during a flash flood. Plaintiffs alleged negligence, premises liability, and gross negligence contending defendants knew their campground was prone to flooding and failed to warn or prepare a plan for evacuation. Appellate court held defendants “did not owe plaintiffs a duty to warn of or ensure against rising river waters” and affirmed prior grant of summary judgment.
H.Con.Res. 89: Expressing the sense of Congress that a carbon tax would be detrimental to the United States economy. This resolution is added to the House’s schedule for the coming week.
H.Con.Res. 112: Expressing the sense of Congress opposing the President’s proposed $10 tax on every barrel of oil. This resolution is added to the House’s schedule for the coming week.
COMMODITY FUTURES TRADING COMMISSION: Rule that on June 10, 2016, CFTC will meet to discuss Commission’s notice of proposed rulemaking regarding Regulation Automated Trading. Info here.
FARM CREDIT SYSTEM INSURANCE ADMINISTRATION: Notice announcing meeting of the Farm Credit System Insurance Corporation Board. Details here.
FOOD AND NUTRITION SERVICE: Rule proposed to codify provisions of the Healthy, Hunger-Free Kids Act of 2010 affecting Child Nutrition Programs. Details here.