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:
Menu
Labeling: New York City Announces Upcoming Enforcement of New Menu Labeling
Rules
On May 18, 2017, New York City Mayor Bill de Blasio “announced
that all New York City chain food retailers offering prepared foods, or ‘restaurant-type
foods,’ will be required to post calorie counts on menu boards.” Additionally,
the announcement stated that “chain restaurants and retailers will be required
to have full nutritional information – not just calories – for standard menu
items available on site, and they will have to post a statement about the daily
recommended caloric intake of 2,000 calories.” Accordingly, on August 21, 2017,
the New York City Departments of Health and Consumer Affairs “will begin
issuing notices of violation subject to fines for not following the updated rule.”
Drones:
Court Rules against Registration of “Model” Aircrafts
On May 18, 2017, Air
& Space reported
that the Court of Appeals for the District of Columbia has determined “that the
FAA’s registration system for small unmanned aircraft was illegal as applied to
‘model’ aircraft.” According to the report, the court determined that the
registration program violated the FAA Modernization and Reform Act of 2012 which
states in Section 336 that FAA “may not promulgate any rule or regulation
regarding a model aircraft.” The report stated, however, that “[t]he ruling did
not affect any aircraft operated for commercial operations under Section 333 or
Part 107, so drones of any size operating for business…still have to register.”
International
Trade: President Sends Congress Notice of NAFTA Renegotiation
On May 18, 2017, The
New York Times reported
that “[t]he Trump administration gave Congress official notice…that it plans to
renegotiate Nafta.” According to the report, “[i]n a brief letter to lawmakers,
Robert Lighthizer, the newly confirmed United States trade representative, said
the administration aimed to support economic growth and better-paying jobs
through unspecified improvements to Nafta that would modernize the 23-year-old
agreement.” According to the report, President Trump “had threatened to
withdraw completely from the agreement, only to relent in late April when the
leaders of Canada and Mexico, the other parties to the deal, called and asked
him to renegotiate instead.”
Immigration
Enforcement: ICE Arrests in 2017 Increase by Nearly 40 Percent
On May 17, 2017, Reuters
reported
that “U.S. arrests of suspected illegal immigrants rose by nearly 40 percent in
the first 100 days of Donald Trump's presidency, following executive orders
that broadened the scope of who could be targeted for immigration violations.” The
report stated that according to the acting director of Immigration and Customs
Enforcement (ICE) Thomas Homan, “arrests by his agency jumped to 41,318 between
January 22 of this year and the end of April, up from 30,028 arrests in roughly
the same period last year.” According to the report, “[o]f those arrested
almost two-thirds had criminal convictions.” The report stated, however, that
there “was also a significant jump - of more than 150 percent - in the number
of immigrants not convicted of further crimes arrested by ICE: 10,800 since the
beginning of the year compared to 4,200 non-criminal arrests in the same period
in 2016.”
Food
Safety: SCOTUS Rejects Appeal of DeCoster Sentencing
On May 23, 2017, The
Des Moines Register reported
that the U.S. Supreme Court declined to hear the appeals of Austin
"Jack" DeCoster and his son, Peter DeCoster whose Iowa-based egg
production company caused a significant salmonella outbreak in 2010. According to the report, in 2015, the father
and son were each sentenced to three months in prison because “they knew or
should have known about the risks posed by the presence of salmonella in and
around millions of egg-laying hens.” The sentencing judge, however, “allowed
the DeCosters to stay free while they appealed the sentences, which they argued
were unconstitutional and unreasonably harsh.” The report stated that according
to the U.S. Supreme Court, the DeCosters cannot further appeal their sentences.
Industrial
Hemp/Cannabis: Washington State Governor Signs Organic Marijuana and Industrial
Hemp Legislation
On May 17, 2017, Reuters
reported
that Washington Governor Jay Inslee has “signed a bill that paves the way for
the state to create what is believed to be the first system in the United
States to certify marijuana as organic.” According to the report, the new
legislation "creates a voluntary program for the certification and
regulation of organic marijuana products" which is “to be administered by
the Washington agriculture department.” Additionally, the report stated that “[w]hile
it is legal for adults to smoke marijuana in Washington, it is not legal to
grow industrial hemp.” As a result, the
new legislation will now provide “for the study of a method to allow hemp to be
grown and used for industrial purposes.”
Industrial
Hemp/Cannabis: South Carolina Legalizes Industrial Hemp
On May 20, 2017, The
State reported
that South Carolina has passed legislation legalizing the growing of industrial
hemp. According to the report, “Soon,
perhaps this summer, the S.C. Department of Agriculture and the State Law
Enforcement Division will issue 20 licenses to grow crops on up to 20 acres as
a pilot program.” The report stated that to receive a license, a grower must:
(1) pass a State Law Enforcement Division background check; (2) work with an
in-state research university to develop and market the products; and (3) have a
contracted buyer for the hemp.
Industrial
Hemp/Cannabis: First Medical Marijuana Cultivation License Awarded in Maryland
On May 18, 2017, Marijuana
Business Daily reported
that “[t]he Maryland Medical Cannabis Commission gave final approval to the
first company to win a cultivation license under the state’s MMJ program.”
According to the report, “[t]he announcement…comes nine months after the state
revealed 15 preliminary license winners, underscoring the slow rollout of
Maryland’s medical cannabis program.” The report stated that the other 14
preliminary license “winners are still undergoing background checks, completing
facility buildouts, and obtaining local zoning approval, according to a news
release from the commission.”
Industrial
Hemp/Cannabis: Colorado Law Protects Hemp Farmers Who Use Federal Water
On May 22, 2017, The
Journal reported
that Colorado Governor John Hickenlooper has “sign[ed] a bill protecting hemp
farmers who use water stored in federal reservoirs.” According to the report, “Colorado
legalized growing hemp in 2014, but it is still banned at the federal level,
creating complications when water from a federal project is used to water it.”
As a result, Colorado law makers passed SB 117, entitled Recognize Industrial Hemp Agricultural
Product for Agricultural Water Right, which permits Colorado water right
holders the right to use the water “on hemp if the person is registered by the
state to grow hemp for commercial, or research purposes.”
Food
Safety: FDA Announces Updated Produce Safety Network page
On May 23, 2017, the U.S. Food & Drug
Administration (FDA) issued an update to the agency’s Produce
Safety Network page.
Accordingly, the updated page, entitled Building
the Produce Safety Network, now includes a directory of regional
network representatives.
Pennsylvania
Legislation
House of Representatives
Agricultural and Rural Affairs Committee (House)
·
HB
944:
Amending the Public School Code to further provide agricultural education and
providing for Commission for Agricultural Education Excellence (Referred to
committee – May 19, 2017)
AgLaw HotLinks:
·
Got
Milk? Too much of it, say U.S. dairy farmer - MarketWatch
·
Sec.
Perdue says NAFTA will be ‘a better deal’ for farmers, ranchers -
Meatingplace
·
Chicken
chain commits to GAP welfare standards - Meatingplace
·
US
appeals court sidesteps key ruling with MMJ business owner - Marijuana
Business Daily
·
Plant-based
milk debate heats up as state regulators weigh in at NCIMS meeting - Food
Navigator USA
·
H-2A
Guest Worker Visa Set Another Record - Brownfield Ag News
·
FDA
asked to allow interstate sales of raw milk with warnings - Food Safety
News
·
CDC:
Raw Milk, Cheese Cause Almost All Dairy Foodborne Illness - Food Safety
Magazine
·
USDA
Secretary Sonny Perdue Defends Elimination of Rural Development Mission Area
- National Sustainable Agriculture Coalition blog
·
Canadian
lawmakers derail GMO labeling bill - Food Chemical News
·
Town
opposes bill that would expand farm use to weddings, concerts - The
Jamestown Press
·
American
Heart Association: A clean label doesn't necessarily make for a 'healthy'
product - Food Navigator USA
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activities from the week.
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