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:
GMO
Labeling: Senate Votes to Limit Debate on Labeling Legislation
On July 6, 2016, the United States Senate voted 65-32 for cloture on legislation establishing a “National Bioengineered Food Disclosure Standard” (S.Amdt.4935 to S.764). By obtaining the 60 votes necessary for cloture, debate on the proposed legislation will be limited to no
more than 30 hours. If enacted, the
proposed legislation would create a national labeling standard for foods
containing genetically modified organisms (GMO) and preempt state GMO labeling
laws.
Antitrust:
Court Approves Settlement of Class Action against Egg Producers
On June 30, 2016, the United States District Court
for the Eastern District of Pennsylvania approved five separate settlement
agreements reached in a consolidated class action suit, brought against five
different national egg producers, for allegedly manipulating the supply and
domestic price of eggs (In re:
Processed Egg Products Antitrust
Litigation, 2016 WL 3584632). The combined
amount of the five separate settlement agreements totaled $8.425 million.
Food
Safety: FDA to Extend Comment Period Regarding Raw Manure and Produce
On June 30, 2016, the United States Food and Drug
Administration (FDA) published notice in the Federal Register that the agency
was “extending the comment period for the notice entitled ‘Risk Assessment of
Foodborne Illness Associated With Pathogens From Produce Grown in Fields
Amended With Untreated Biological Soil Amendments of Animal Origin; Request for
Scientific Data, Information, and Comments’ that appeared in the Federal
Register of March 4, 2016” (81 FR 42715).
FDA stated that the extension is “due to maintenance on the Federal
eRulemaking portal in early July 2016.” As a result, FDA will now accept submitted
comments, either written or electronic, by July 19, 2016.
Pesticides:
EPA Extends Comment Period for Ecological Risk Assessments of 3 Herbicides
On July 6, 2016, the United States Environmental
Protection Agency (EPA) published notice in the Federal Register extending the “comment
period for the draft ecological risk assessments of atrazine, simazine, and
propazine…60 days, from August 5, 2016, to October 4, 2016.” (81 FR 44018). According to EPA, the “comment period is
being extended in response to a number of extension requests from various
stakeholders citing difficulty commenting during the growing season, and the
length, quantity, and complexity of the Risk Assessments.”
Worker
Safety: OSHA to Increase Civil Penalties for Violations
On June 30, 2016, the United States Department of Labor (DOL) announced that DOL was adjusting civil penalties for the department’s
Occupational Safety and Health Administration (OSHA). According to DOL, “OSHA's maximum penalties,
which were last adjusted in 1990, will increase by 78%...[and] [g]oing forward,
the agency will continue to adjust its penalties for inflation each year based
on the Consumer Price Index.” DOL stated, “[t]he new penalties will take effect
after August 1, 2016…[and] [a]ny citations issued by OSHA after that date will
be subject to the new penalties if the related violations occurred after
November 2, 2015.”
Farm
Inspection: Court Orders Government Access to “Private Membership Association”
Facilities and Records
On July 6, 2016, the United States District Court
for the Eastern District of Pennsylvania held that the United States Department
of Agriculture and its Food Safety and Inspection Service (FSIS) can enforce “an
April 4, 2016 FSIS administrative subpoena requiring…access to Miller’s Organic
Farm’s facilities and records related to the farm’s meat and poultry products” (United State of America v. Miller’s Organic
Farm and, Amos Miller, Civil Action No. 16-cv.2732) According to the court, prior to the ruling, Miller’s
Organic Farm, and its owner Amos Miller, had “refused to comply with the subpoena,
on grounds that it infringed their First Amendment right to freedom of
association, because Miller’s Organic Farm is a ‘Private Membership
Association.’” The court stated that “Defendant Amos Miller,” who represented
himself in court, “failed to show cause why Miller’s Organic Farm and he should
not produce the summoned information and grant the summoned access.”
