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:
Food:
Court Dismisses Improper Influence Challenge to Dietary Guidelines
On October 12, 2016, the U.S. District Court for the
Northern District of California dismissed a lawsuit alleging that the dietary
cholesterol recommendations in the 2015-2020 Dietary Guidelines for
Americans, 8th Edition was the result of improper influence
from the egg industry (Physicians
Committee for Responsible Medicine v. Vilsack, Case No. 3:16-cv-00069). According to the court, the plaintiff, Physicians
Committee for Responsible Medicine, asserted that both the United States
Department of Agriculture (USDA) and the United States Department of Health
& Human Services (HHS) violated of the Federal Advisory Committee Act and the
Administrative Procedure Act by failing to prevent “special interest from inappropriately
influencing the advisory committee that makes recommendations for updating national
dietary guidelines.” The court dismissed the case due to lack of subject matter
jurisdiction asserting that “the relevant law provides no meaningful standard
by which the court can judge the agencies’ exercise of discretion.”
Dairy:
Federal Lawmakers Request Assistance for Dairy Producers
On October 13, 2016, a bipartisan coalition of 56 members
of the United States Senate and United States House of Representatives (including
Senator Robert P. Casey Jr. PA-D and Representative Glenn ‘GT’ Thompson PA-R) issued a letter to Office of Management and Budget (OMB) Director Shaun Donovan
requesting resources to support the nation’s struggling dairy industry. According to the letter, “[d]airy farmers
have seen their income cut in half as farm milk prices have plunged by 40 percent
since 2014…[w]ith market forecasts showing that dairy farmers will continue to
face depressed prices.” The letter stated that Congress has already “asked the
U.S. Department of Agriculture to take any and all actions to support U.S.
dairy farmers…and we now ask [OMB] to do all you can to support the Secretary
of Agriculture in this work.”
Inspection:
GIPSA Settles a Carcass Trim Procedure Case with Tyson Fresh Meats
On October 11, 2016, the U.S. Department of Agriculture’s
Grain Inspection, Packers and Stockyards Administration (GIPSA) announced that
the agency has entered into a Consent Decision with Tyson Fresh Meats, Inc.
(Tyson) regarding Tyson’s failure to notify hog producers of a change in
carcass trim procedures. According to
GIPSA, the failure to notify, which occurred at two of the company’s plants,
resulted in Tyson paying a civil penalty of $22,500 and agreeing “to cease and
desist from failing to disclose, or otherwise make known to hog producers,
prior to purchase, a description of the carcass trim procedure to be used in determining
the weight of producer’s hogs.”
Animal
Welfare: HSUS Files FTC Advertising Complaint against Davidson’s Eggs
On October 14, 2016, the Humane Society of the
United States (HSUS) issued a press release stating that the organization has filed
a complaint with the Federal Trade Commission (FTC) alleging that National
Pasteurized Eggs (which are sold nationally under the Davidson’s brand name) violated
federal false advertising laws by misrepresenting how the company’s eggs are
produced. According to HSUS, “Davidson’s
cartons prominently depict lush open pastures, a red barn and free-roaming
hens—despite eggs in those cartons coming from birds permanently locked in
cages so tightly they can’t even spread their wings.” HSUS further stated that “[c]ontrary to the
messaging conveyed on the packaging, these birds never feel sunlight nor touch
a blade of grass.”
Final
Rule: Agricultural Conservation Easement Program
On October 18, 2016, the United States Department of
Agriculture (USDA) Natural Resources Conservation Service (NRCS) and the Commodity
Credit Corporation (CCC) published notice in the Federal Register announcing of
a final rule regarding implementation of the Agricultural Conservation Easement
Program (ACEP) (81 FR 71818). According
the notice, on February 27, 2015, NRCS published an interim rule and requested
public comment regarding the implement of ACEP, which is
a voluntary program to help farmers and ranchers preserve their agricultural
land and restore, protect, and enhance wetlands on eligible lands. The notice
stated that “NRCS received 1,055 comments from 102 respondents to the interim
rule” and made adjustments to final rule, which became effective October 18,
2016.
PA
Bulletin: Milk Marketing Board Hearing Announced
On October 15, 2016, the Pennsylvania Milk Marketing
Board (Board) published notice in the Pennsylvania Bulletin that the Board “will
conduct a public hearing for Milk Marketing Area No. 4 on December 8, 2016, at
10 a.m. in Room 202, Agriculture Building, 2301 North Cameron Street,
Harrisburg, PA” (46 Pa.B. 6593). According to the notice, “[t]he purpose of the hearing is to
receive testimony and exhibits concerning cost replacement in Milk Marketing
Area No. 4.”
