Showing posts with label Menu Labeling. Show all posts
Showing posts with label Menu Labeling. Show all posts

Thursday, May 10, 2018

Agricultural Law Weekly Review—May 10, 2018


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:

Right to Farm Laws: Court Reduces Jury Award in Hog Nuisance Case
On May 7, 2018, a U.S. district court reduced a jury award against pork producer Murphy-Brown from $50,750,000 to $3,250,000 (McKiver v Murphy-Brown LLC, No. 7:14-CV-180-BR).  The case involved nuisance complaints from ten neighbors that lived near a swine farm in eastern North Carolina regarding odors that emanated from the operation.  On April 26, 2018, the jury awarded each of the ten neighbors $75,000 in compensatory damages and $5,000,000 in punitive damages.  Subsequently, the court applied North Carolina law which states: “[p]unitive damages awarded against a defendant shall not exceed three times the amount of compensatory damages or two hundred fifty thousand dollars ($250,000), whichever is greater” (N.C. Gen. Stat. § 1D-25(b)).  As a result, the court reduced the jury’s punitive damage award for each of the ten neighbors from $5,000,000 to $250,000.

Food Policy: FDA Extends Nutrition Labeling Compliance Date
On May 4, 2018, the U.S. Food and Drug Administration (FDA) published notice in the Federal Register that the compliance date for updating nutritional information on food labels has been extended by approximately 1.5 years (83 FR 19619) According to the agency, the extension is being issued to allow affect manufactures the ability to: 1) receive FDA guidance and 2) to have sufficient time to comply with the new rules.  As a result of FDA’s action, the compliance date for updating nutritional information on food labels has been extended from July 26, 2019, to January 1, 2021.

Industrial Hemp/Cannabis: Court Upholds CBD Status as a Controlled Substance
On May 3, 2018 the Associated Press reported that the U.S. Ninth Circuit Court of Appeals upheld the Drug Enforcement Administration’s (DEA) determination that cannabidiol (CBD) is a Schedule 1 controlled substance.  As a result, CBD, a substance derived from the cannabis plant, is considered an illegal substance.  Currently, CBD products, including those derived from low tetrahydrocannabinol (THC) hemp, may only be sold when specifically permitted under state law.  With the court’s ruling, however, states that do allow CBD sales are considered to be in violation of federal law.

Menu Labeling: FDA Releases Menu Labeling Guidance
On May 8, 2018, the U.S. Food and Drug Administration (FDA) published notice in the Federal Register of the availability of guidance material entitled “Menu Labeling: Supplemental Guidance for Industry”  (83 FR 20731).  The resource is an attempt by FDA to assist food establishments affected by regulations requiring nutritional labeling on menus.  Accordingly, the guidance material: 1) provides labeling examples, 2) addresses caloric disclosure signage, and 3) provides methods for providing calorie disclosure information.

Food Labeling: USDA Seeks Comment on National Bioengineered Food Disclosure Standard
On May 4, 2018, the U.S. Department of Agriculture Agricultural Marketing Service (AMS) published notice in the Federal Register of a proposed rule to establish the National Bioengineered Food Disclosure Standard  (83 FR 19860).  The proposed rule would require entities that label foods for retail to disclose information regarding bioengineered foods and bioengineered food ingredients.  Comments on the proposed rule must be received by July 3, 2018.


From National Ag Law Experts:


Pennsylvania Case Law:


Pennsylvania Actions and Notices:
Department of Agriculture

Milk Marketing Board


AgLaw HotLinks:

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Thursday, November 9, 2017

Agricultural Law Weekly Review—November 9, 2017

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:
                                
FSMA: FDA Issues Guidance Giving More Time to “Co-Manufactures”  
On November 3, 2017, the U.S. Food and Drug Administration (FDA)  announced guidance intended to provide certain “co-manufactures” of food with more time to meet FDA Food Safety Modernization Act (FSMA) supplier approval and verification requirements.  Under FSMA, regulations for the Preventive Controls for Human Foods, the Preventive Controls for Animal Food, and the Foreign Supplier Verification Programs each require a supply-chain program for certain raw materials and other ingredients.  According to FDA, the purpose of the guidance is to assist those involved in co-manufacturing agreements which involve a second party manufacturing or processing food for a brand owner.  FDA stated that under the guidance, the agency “does not intend to take enforcement action for two years against a co-manufacturer that is not in compliance with certain supply-chain program requirements related to supplier approval and supplier verification.”

Biotechnology: USDA Withdraws Proposed Revisions to Biotechnology Regulations
On November 6, 2017, the U.S. Department of Agriculture (USDA) Animal and Plant Health Inspection Service announced a withdrawal of a proposed rule intended to revise the agency’s biotechnology regulations.  According to USDA, following the withdrawing of the proposed rule, the agency will explore policy alternatives and “re-engage with stakeholders to determine the most effective, science-based approach for regulating the products of modern biotechnology while protecting plant health.” Regarding the decision to re-examine the biotechnology regulations, USDA Secretary Sonny Perdue asserted a need for a balanced regulatory process that does not restricting innovation. The Secretary stated that biotechnology “is evolving every day” and as a result, there is a need for “regulations and policies that are flexible and adaptable to these innovations to ensure food security for the growing population.”

Menu Labeling: FDA Issues Draft Menu Labeling Guidance
In November 2017, the U.S. Food and Drug Administration (FDA) announced the availability of a draft guidance document entitled: Menu Labeling: Supplemental Guidance for Industry.  Accordingly, the document: (1) addresses concerns that have been raised by stakeholders regarding implementation of the menu labeling requirements; (2) clarifies additional options for complying with the menu labeling requirements; and (3) identifies places where FDA intends to be more flexible in its approach.  The document contains nonbinding recommendations and is intended for comment purposes only.  Comment on the document is scheduled to end 60 days after publication in the Federal Register.

International Trade: U.S. Department of Commerce Announces Duty on Softwood Lumber from Canada
On November 2, 2017, the U.S. Department of Commerce announced a final determination regarding the antidumping and countervailing duty investigations of softwood lumber imports from Canada.  According to the Commerce Department, Canadian exporters have been selling softwood lumber in the United States at prices between 3.2% and 8.89% below fair market value.  Additionally, The Commerce Department stated that Canada has been unfairly subsidizing Canadian softwood producers at rates between 3.34% and 18.19%.  As a result, the Commerce Department announced that U.S. Customs and Border Protection will be instructed to collect cash deposits from importers of Canadian softwood lumber at amounts based on the final rates.  

Antibiotics: WHO Calls for End of Antibiotic Use in Healthy Animals
On November 7, 2017, the World Health Organization (WHO) announced recommendations designed to limit antibiotic use in healthy animals.  According to WHO, the over-use of antibiotics in healthy animals has become a contributor to the increased threat of antibiotic resistance.  As a result, WHO recommends that healthy animals should not receive antibiotics for growth promotion.  Additionally, WHO recommends that antibiotic use in healthy animal be limited to the prevention of disease where there has been a diagnosis “in other animals in the same flock, herd, or fish population.” WHO stated that instead of antibiotics, producers should consider improved “hygiene, better use of vaccination, and changes in animal housing and husbandry practices.”


Pennsylvania Actions and Notices
Department of Agriculture


AgLaw HotLinks:


Listen to our new Agricultural Law Podcast by clicking here!

Follow us on Twitter at PSU Ag & Shale Law (@AgShaleLaw) to receive AgLaw HotLinks

Connect with us on Facebook! Every week we will post the CASL Ledger which details all our publications and activities from the week.

Stay informed with our monthly Agricultural Law Brief located here.


For a comprehensive summary of daily judicial, legislative, and regulatory developments in agriculture and food, visit The Ag & Food Law Blog.
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Thursday, August 31, 2017

Agricultural Law Weekly Review—August 31, 2017

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:

Animal Welfare: USDA Seeks Comment on Animal Welfare Licensing Requirements
On August 24, 2017, the USDA Animal and Plant Health Inspection Service (APHIS) published notice in the Federal Register soliciting public comment regarding potential revisions to the licensing requirements under the Animal Welfare Act (82 FR 40077).  According to APHIS, public comment is being sought in order “to help [APHIS] consider ways to reduce regulatory burden and more efficiently ensure the sustained compliance of licensees with the Act.” Accordingly, APHIS “will consider all comments [received] on or before October 23, 2017.”

COOL: Italy to Require Country of Origin Labels on Pasta and Rice
On August 25, 2017, Food Navigator reported that Italy has passed measures requiring that rice and pasta sold in the country must contain a country of origin label (COOL). According to the article, “[t]he COOL requirements echo standards implemented by Italy last year that mean manufacturers have to indicate the origin of raw materials used to produce dairy products, including milk, cheese, butter and yogurt.” Food Navigator stated that “food makers have 180 days to adapt their packaging to the new standards and ‘dispose’ of labels and packaging already produced.”

Food Safety: USDA Seeks Nominations for National Advisory Committee on Microbiological Criteria for Foods
On August 28, 2017, USDA published notice in the Federal Register soliciting nominations to fill 17 vacancies on the National Advisory Committee on Microbiological Criteria for Foods (NACMCF) (82 FR 40744).  According to the notice, previously, on December 7, 2016, USDA had sought nominations for 15 vacancies on NACMCF with a January 6, 2017 closing date.  As a result of USDA’s latest notice, the nomination period is reopened with a scheduled close date of September 27, 2017.  Regarding the increased number of committee vacancies, USDA stated that “[s]ince the original announcement was made two additional members have left the committee.”

Menu Labeling: FDA Announces Menu Labeling Guidance
On August 25, 2017, the FDA announced that the agency will be providing “additional, practical guidance on the menu labeling requirements by the end of this year.” The FDA stated that the “additional guidance will address concerns that were raised about challenges establishments faced in understanding how to meet their obligations under the new regulations.” According to the FDA, “[t]hese new policy steps should allow covered establishments to implement the requirements by next year’s compliance date.”

FSMA: FDA Releases Preventive Controls for Human Food Rule Guidance
On August 30, 2017, “the FDA announced the availability of guidance for food facilities that explains how to establish and implement a heat treatment, such as baking or cooking, to prevent contamination by disease-causing bacteria.” According to the FDA, the guidance is “entitled “Draft Guidance for Industry: Hazard Analysis and Risk-Based Preventive Controls for Human Food,” [and is] designed to help food facilities comply with the preventive controls for human food rule, mandated by the FDA Food Safety Modernization Act.” The FDA stated that the “guidance is intended to help food facilities comply with specific requirements of the rule, such as developing a written food safety plan, establishing preventive controls, and taking corrective actions.”

FSMA: FDA Announces FSMA Third-Party Certification User Fee Rate for FY 2018
On August 29, 2017, the FDA published notice in the Federal Register announcing the Food Safety and Modernization Act (FSMA) third-party certification program user fee rate for fiscal year 2018 (82 FR 41035).  According to the FDA, under FSMA, the program covers the “accreditation of third-party certification bodies conducting food safety audits and issuing food and facility certifications to eligible foreign entities (including registered foreign food facilities) that meet our applicable requirements.” The FDA stated that the announced third-party certification program user fee rate will become “effective on October 1, 2017, and will remain in effect through September 30, 2018.”

FSMA: FDA Releases FSMA Intentional Adulteration Rule Guidance
On August 24, 2017, the FDA announced “the availability of an SECG [Small Entity Compliance Guide] to help small businesses comply with the Final Rule on Mitigation Strategies to Protect Food Against Intentional Adulteration (or Intentional Adulteration Rule), mandated by FSMA [Food Safety Modernization Act].  According to the FDA, “[t]he SECG was prepared in accordance with the Small Business Regulatory Enforcement and Fairness Act…[and] provides nonbinding recommendations on such topics as developing a food defense plan and records management.” The FDA stated that the “compliance date for small businesses under the Intentional Adulteration Rule is July 27, 2020.  According to the FDA, “[v]ery small businesses are exempt from the rule, except for a documentation requirement described in the SECG, which has a compliance date of July 26, 2021.”

Pennsylvania Actions and Notices
Department of Agriculture

AgLaw HotLinks:

Listen to our new Agricultural Law Podcast by clicking here!

Follow us on Twitter at PSU Ag & Shale Law (@AgShaleLaw) to receive AgLaw HotLinks

Connect with us on Facebook! Every week we will post the CASL Ledger which details all our publications and activities from the week.

Stay informed with our monthly Agricultural Law Brief located here.


For a comprehensive summary of daily judicial, legislative, and regulatory developments in agriculture and food, visit The Ag & Food Law Blog.
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Thursday, June 15, 2017

Agricultural Law Weekly Review – June 15, 2017

Written by Joseph Mooradian—Research Assistant

Soda Tax: Philadelphia Soda Tax Upheld in Pennsylvania Commonwealth Court
On June 14, 2017, the Pennsylvania Commonwealth Court upheld the Philadelphia soda tax. Following the ruling, Philadelphia Mayor Jim Kenney issued a statement, saying, “Two courts have now considered the arguments of the beverage industry and both are certain that the Philadelphia Beverage Tax stands on solid legal grounds.” The lawsuit was filed by the American Beverage Association (ABA), who claimed that the “1.5-cents-per-ounce tax on sweetened beverages” amounted to double taxation.

FSMA: FDA Considering Simplifying Agricultural Water Standards
The U.S. Food and Drug Administration (FDA) is reviewing its agricultural water standards rule, as enabled by the Produce Safety Rule, according to an announcement on its website on March 20, 2017. “Agricultural water can be a major conduit of pathogens that can contaminate produce,” the FDA said, stating that to manage this risk it is looking into, “how it might simplify the water standards.” “In addition to water quality, the produce industry has registered concerns about packing house regulations being too vague,” Food Safety News (FSN) reported. While there has not been any compliance delay announced yet, FSN called the move, “a quiet review that could extend the compliance date for the Produce Safety Rule beyond January 2018.”

Menu Labeling: Food Watchdog Groups Sue FDA Over Menu Labeling Delay
The U.S. Food and Drug Administration (FDA) was sued on June 20, 2017 by two groups, the Center for Science in the Public Interest (CSPI), and the National Consumers League (NCL), over the FDA’s recent delay in enforcement of its Menu Labeling Rule. “Without menu labeling, it’s hard for consumers to estimate the calorie content of popular restaurant items,” CSPI noted in a statement, advocating for enforcement of the rule. According to Law360, “The suit seeks an order vacating the delay and declaring that compliance with the nutrition labeling rule is required within 15 days of such an order.” Law360 also reported that, “[a]n FDA spokeswoman on Wednesday declined to comment.”

National Ag Policy: Seven States Appeal EPA Refusal to Ban Chlorpyrifos
As of June 6, the Attorneys General from California, New York, and five other states are appealing a decision by the U.S. Environmental Protection Agency (EPA) to pass on a ban of chlorpyrifos. The challengers claim that, “[c]hlorpyrifos . . . is shown to negatively impact proper development and functioning of the central nervous system and brain.” The statement calls the substance, “a widely-used pesticide on food crops – including those consumed by infants, young children, and pregnant women.”

GMO Labeling: USDA Reports Progress on GMO Disclosure Rules at Food Policy Conference
The United States Department of Agriculture (USDA) is making progress on its Genetically Modified Organism (GMO) labeling rule, according to Food Chemical News (FCN), in an article from June 7, 2017. This news came from Andrea Huberty at the Annual Food Label Conference, stating, “We are a little behind in getting this completed by 2018, although we are still on track, just a little behind.” Huberty, from the USDA’s Agricultural Marketing Service, said that the, “process got caught up in the transition” to the new administration. FCN reported that “[i]f the study proves that digital options do not offer a sufficient option for GMO disclosure, the agency would be required to provide food manufacturers with alternative ways to label GMO foods.”

Agricultural Labor: U.S. Labor Department Rescinds Joint Employer Guidance
The U.S. Department of Labor (DOL) rescinded its joint employer guidance, as derived from the Fair Labor Standards Act (FLSA), on Wednesday, June 7, 2017. While the guidance has been rescinded, “[t]he department will continue to fully and fairly enforce all laws within its jurisdiction, including the Fair Labor Standards Act and the Migrant and Seasonal Agricultural Worker Protection Act.” “This was guidance that made it easier for employers, workers, unions and others to know about their rights and obligations under the law," Reuters reported Lynn Rhinehart, general counsel for the American Federation of Labor and Congress of Industrial Organization, saying.

National Ag Policy: Field Chief Outlines Changes to Mandatory Price Reporting
The U.S. Department of Agriculture (USDA) will be implementing changes to its mandatory price reporting, according to a statement by Taylor Cox of the USDA’s Agricultural Marketing Services, as reported by Brownfield Ag News on June 11, 2017. According to Brownfield, Cox said that, “pork producers have expressed concern about the current percentage of negotiated hogs and would like to see that number increase.” Cox stated that “if producers have suggestions or comments on how to improve the AMS’s Livestock Mandatory Price Reporting – to submit comments online.”

Food Labeling: Court Stays Almond Milk Lawsuit, with Deference to FDA
District Judge Lawrence O’Neill in the eastern district of California stayed a suit against Whitewave (known for its Silk brand) on June 6, which alleged that, “Defendant has deceptively informed and led its customers to believe that they were purchasing, for a premium price, a dairy milk alternative that is nutritionally equivalent, and even superior, to dairy milk.” O’Neill held that the claim was, “an issue of first impression,” saying that, “the issue . . . fits squarely within the FDA’s authority.” While the FDA has not touched on the issue of plant milk in some time, O’Neill stated that, “[t]he FDA should at the very least have the opportunity to decide whether it will address the issue.”

Food Safety: Cargill-Pew Report Urges New Approach to Federal Meat Inspection
Cargill Inc. and Pew Charitable Trusts have produced a report entitled, “Recommendations to Modernize the Meat and Poultry Oversight System in the United States,” working through the Meridian Institute, and publishing the document in June 2017. The report recommends updates and modernizations to a wide variety of aspects of the industry, including oversight, data collection, a comprehensive farm-to-fork approach, processing, enforcement, and more. These recommendations were developed as part of a dialogue hosted by the organizations over several years and involved various stakeholder inputs, as documented here.

Food Labeling: FDA Extends Compliance Deadline for Nutrition Facts Panel Changes
The Food and Drug Administration (FDA), on June 13, 2017, has opted to extend their Nutrition Labeling rule compliance date beyond its previous compliance date of July 26, 2018, and has not yet announced a new compliance date. According to Food Navigator, “speakers at the American Conference Institute (ACI) food and law regulation forum in Chicago last month predicted that the deadline would likely be extended to 2021.” The FDA chose to move the date, stating their hope that, “additional time would provide manufacturers covered by the rule with necessary guidance,” and that manufacturers would, “be able to complete and print updated nutrition facts panels for their products before they are expected to be in compliance.”

Food Safety: Watchdog Group Sues USDA for Names of Poultry Companies
Food & Water Watch is seeking the names of poultry companies applying for non-government inspections under the U.S. Department of Agriculture’s (USDA) New Poultry Inspection System (NPIS). Food Safety News reported on June 13, 2017, that, “Food & Water Watch contends the system results in government inspectors ‘evaluating up to three birds per second in broiler chicken plants, and one turkey per second in turkey slaughter facilities.’” Food & Water Watch, in a statement issued at the outset a previous lawsuit against the USDA’s NPIS, said, “These rules essentially privatize poultry inspection, and pave the way for others in the meat industry to police themselves.” The group’s previous suit was dismissed, Judge Ketanji Brown Jackson described the opposition to the rule as, “sheer speculation that bad things might happen.”

Beef Industry: Final Guidelines Set for U.S. Beef Exports to China
on June 12, 2017, the USDA’s Agricultural Marketing Service (AMS) published the guidelines for the final agreement between the U.S. and China concerning the exportation of U.S. Beef to China, which can be found here. These exportation guidelines, published, cover the origins of beef and beef products, cattle traceability, cattle age, what products were eligible for shipment, and the traceability of processed beef and beef products. Products which proscribe to all the specified requirements will receive an FSIS Export Certificate.

Pennsylvania Legislation:
Agriculture and Rural Affairs:
  • HB 1518: An Act amending the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929, in organization of independent administrative boards and commissions, further providing for Agricultural Lands Condemnation Approval Board. (Referred to committee— June 9, 2017)
  • HB 1494: An Act amending the act of June 28, 1995 (P.L.89, No.18), known as the Conservation and Natural Resources Act, in Department of Conservation and Natural Resources, further providing for contracts and agreements. (Reported out of committee—June 12, 2017)
  • HB 944: An Act amending the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, in terms and courses of study, further providing for agricultural education and providing for Commission for Agricultural Education Excellence. (Reported out of committee—June 12, 2017)


AgLaw HotLinks:


Follow us on Twitter at Ag & Shale Law (@AgShaleLaw) to receive AgLaw HotLinks

Connect with us on Facebook! Every week we will post the CASL Ledger which details all our publications and activities from the week.

Stay informed with our monthly Agricultural Law Brief located here.

For a comprehensive summary of daily judicial, legislative, and regulatory developments in agriculture and food, visit The Ag & Food Law Blog
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Thursday, May 25, 2017

Agricultural Law Weekly Review—May 25, 2017

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
·         HB 790: An Act regulating controlled plants and noxious weeds (Passed by House – May 22, 2017)
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
·         The USDA Expands Pilot Margin Protection Crop Insurance Program - Brownfield

Follow us on Twitter at PSU Ag & Shale Law (@AgShaleLaw) to receive AgLaw HotLinks

Connect with us on Facebook! Every week we will post the CASL Ledger which details all our publications and activities from the week.

Stay informed with our monthly Agricultural Law Brief located here.


For a comprehensive summary of daily judicial, legislative, and regulatory developments in agriculture and food, visit The Ag & Food Law Blog.
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