Written by M. Sean High – Staff Attorney
The following information is an update of recent,
local, state, national, and international legal developments relevant to
agriculture:
Labor:
Court Blocks New Overtime Regulations
On November 22, 2016, the United States District
Court, Eastern District of Texas granted an Emergency Motion for Preliminary
Injunction enjoining the Department of Labor from implementing and enforcing
the Overtime Final Rule scheduled to go into effect on December 1, 2016 (State of Nevada ET AL v. United States Department of Labor ET AL No: 4:16-CV-00731). According to the court, the preliminary
injunction was issued because “[t]he State Plaintiffs have established a prima
facie case that the Department’s salary level under the Final Rule and the
automatic updating mechanism are without statutory authority.” If permitted to go
into effect, the new rule would have increased the number of “white collar” workers
eligible for overtime pay.
Labeling:
FDA Announces Compliance Date for Food Labeling Regulations
On November 25, 2016, the United States Food &
Drug Administration (FDA) published notice in the Federal Register that the
agency “is establishing January 1, 2020, as the uniform compliance date for
food labeling regulations that are issued between January 1, 2017, and December
31, 2018” (81 FR 85156). According to
FDA, the agency coordinates and periodically announces the effective dates of labeling
changes to lessen “the cumulative economic impact on the food industry of
having to respond separately to each change.”
Pesticides:
Court Dismisses Beekeeper Complaint
On November 21, 2016, the United States District
Court for the Northern District of California dismissed a complaint brought by
beekeepers and environmentalist to compel the Environmental Protection Agency
(EPA) to restrict the use of seeds treated with neonicotinoid insecticides (Anderson v. EPA, Case No. 3:16-cv-00068-WHA). According to the Plaintiffs, EPA allegedly
failed “to enforce the Federal Insecticide, Fungicide, and Rodenticide Act with
respect to such seeds.” In dismissing the complaint, the court stated that “[t]he
court is most sympathetic to the plight of our bee population and beekeepers…[and]
[p]erhaps the EPA should have done more to protect them, but such policy
decisions are for the agency to make.”
Spotted
Lanternfly: PDA Announces Addendum to the Order of Quarantine
On November 26, 2016, the Pennsylvania Department of
Agriculture (PDA) published notice in the Pennsylvania Bulletin of an Addendum
to the Order of Quarantine published at 44 Pa.B. 6947 issued Saturday, November
1, 2014 regarding the spotted lanternfly (46 Pa.B. 7449). According to PDA, the spotted lanternfly is considered
a “dangerous insect to forests, ornamental trees, orchards and grapes…[and as a
result] [a] quarantine is hereby established with respect to Union Township,
Ruscombmanor Township, Richmond Township, Maiden Creek Township, Fleetwood
Borough, Robeson Township, Centre Township, Centreport Borough, Birdsboro
Borough in Berks County, Quakertown Borough, Richland Township, Richlandtown
Borough in Bucks County, North Coventry Township, Spring City Borough, East
Coventry Township, East Vincent Township in Chester County, Bethlehem City in
Lehigh County, Bethlehem City in Northampton County, and Lower Fredrick
Township, Pottstown Borough, Royersford Borough, Limerick Township, Upper
Providence Township, Upper Pottsgrove Township, Upper Salford Township in
Montgomery County.”
Food
Safety: UK Establishes Food Crime Reporting Facility
On November 28, 2016, the United Kingdom’s (UK) Food
Safety Agency’s (FSA’s) National Food Crime Unit (NFCU) issued a press release announcing
the availability of the Food Crime Confidential reporting facility which now enables
“anyone with suspicions about food crime [to] report them safely and in
confidence, over the phone or through email.” According to the press release, “[f]ood
crime involves dishonesty at any stage in the production or supply of food.” As
a result, NFCU works with partners to protect people from serious criminal
activity that impacts the safety or authenticity of food and drink they consume…[and
the Food Crime Confidential] facility is particularly targeted at those working
in or around the UK food industry.”
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Recent AgLaw HotLinks include:
- “Bird flu detected in Denmark” - MeatPoultry
- GMO Labeling Supporters Fined $320k over campaign disclosure - Agweb.com
- “Appeal briefs filed for Peanut Corporation of America criminal cases - Food Safety News
- Cannabis Design Build becomes first business of its kind in the state - LancasterOnline
- Bird flu causing problems for Europe - Meatingplace
- Spotted Lanternfly discovered in even more Pennsylvania counties - PA.gov
- Biofuels face constraints that limit their potential - OGJonline
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