Agricultural Law Weekly Review - September 13, 2019

Written by: 

Jackie Schweichler—Staff Attorney

Audry Thompson—Research Assistant

           

The following information is an update of recent local, state, national, and international legal developments relevant to agriculture:

Water Quality: EPA Seeks Comment on Water Quality Trading Policy

On September 5, 2019, U.S. Environmental Protection Agency (EPA) Administrator Andrew Wheeler announced that the agency is seeking comment on guidance issued in the memorandum, Updating the EPA’s Water Quality Trading Policy to Promote Market-Based Mechanisms for Improving Water Quality.  Specifically, EPA requests comment on one of the principles outlined in the memo which states that EPA “encourages simplicity and flexibility in implementing baseline concepts.”  The memo asks stakeholders to consider the best way to apply the load allocation baseline in order to improve water quality.  Under the Clean Water Act, facilities experiencing increased costs due to pollution control or seeking to comply with a pollutant discharge permit may buy “environmentally equivalent (or superior) pollution reductions” from other entities to satisfy regulations. EPA stated that it will hold a public meeting regarding water quality trading and other market-based programs to improve water quality and that it will be accepting comments at https://www.regulations.gov (Docket ID no. EPA-HQ-OW-2019-0415).   

Agricultural Labor: OSHA Signs Alliance with Poultry Industry Participants

On September 4, 2019, U.S. Department of Labor Occupational Safety and Health Administration (OSHA), in conjunction with the U.S. Poultry & Egg Association, National Chicken Council, and the National Turkey Federation, signed a two-year agreement creating a Poultry Industry Alliance.  Announced on the same day by the National Chicken Council and National Turkey Federation, the agreement consists of two main parts, “Raising Awareness” and “Training and Education.”  To raise awareness of workplace hazards, the agreement focuses on developing new methods of communication, participating in meetings, speaking at conferences or events, and information sharing through materials or workshops.  Under the agreement, the participants will work to create training and education programs to avoid workplace hazards and to promote safety and health. 

Industrial Hemp/Cannabis: Court of Appeals Reverses Lower Court Decision in Hemp Transportation Case On September 4, 2019, the U.S. Court of Appeals for the Ninth Circuit reversed the lower court’s decision where it denied a Motion for a Preliminary Injunction in a case involving hemp transportation (Big Sky Scientific LLC, v. Jan M. Bennetts, Idaho State Police, et al., D.C. No. 1:19-cv-00040-REB).  The Ninth Circuit stated that there is an “ongoing state judicial proceeding,” and therefore, the district court should have abstained from its decision.  The plaintiffs, Big Sky Scientific LLC (Big Sky) were stopped by authorities in Idaho when transporting industrial hemp through the state from Oregon to Colorado in January 2019.  The industrial hemp was seized, and the driver was arrested for marijuana trafficking. Big Sky argued that under the 2018 Farm Bill “No State or Indian Tribe shall prohibit the transportation or shipment of hemp…” (§10114(b)).  Idaho, however, does not distinguish industrial hemp from marijuana and argued that the 2018 Farm Bill does not apply in this case.  Idaho argued that the language in the 2018 Farm Bill relies on government regulations which have not yet been promulgated. 

Biofuels: Court of Appeals Holds that EPA Violated Endangered Species Act for Renewable Fuel Program 2018 Standards On September 6, 2019, the U.S. Court of Appeals for the District of Columbia Circuit remanded the 2018 Rule (82 FR 58486) promulgated by the Environmental Protection Agency (EPA) to establish renewable fuel targets under the Renewable Fuel Program (Am. Fuel & Petrochemical Mfrs. v. EPA, 2019 No. 17-1258).  This case was brought by various petitioners, some of whom argued that the fuel targets were too high and others who argued that the targets were too low.  According to the court, only one challenge to the rule had merit. The court determined that EPA did not meet its obligations under the Endangered Species Act by failing to determine whether the 2018 Rule would affect endangered or threatened species and critical habitat.  In light of this, the court remanded the case and directed EPA to make an effects determination in compliance with the Endangered Species Act. 

Antitrust: Chicken Processing Plant Workers Bring Class Action Lawsuit Against Chicken Processors On August 30, 2019, a class action lawsuit was brought in the U.S. District Court for the District of Maryland against chicken processors (Jien et al. v. Perdue Farms, Inc. et al, Case No. 1:19-cv-2521).  The defendant processors include Perdue Farms, Inc; Tyson Foods, Inc; The Hillshire Brands Co.; Pilgrim’s Pride Corporation; and others.  The plaintiffs allege that senior executives of the defendant processors met secretly to share data and fix wages and benefits for chicken processing plant workers.  According to the plaintiffs, these actions constitute a conspiracy in violation of the Sherman Antitrust Act (15 U.S.C. §1).  

From National Ag Law Experts:

Tiffany Dowell Lashmet, 2019 USDA Land Values Summary (September 9, 2019)

Brigit Rollins, RINsanity: Court Issues Decision on RFS Program Fuel Blender Designation (September 5, 2019) 

Federal Actions and Notices:

Agricultural Marketing Service

“Establishment of a Milk Donation Reimbursement Program” (September 5, 2019)

Agricultural Research Service

“Notice of Intent To Grant Exclusive License” (September 6, 2019)

Environmental Protection Agency

“Pesticide Experimental Use Permit; Receipt of Application; Comment Request (93167-EUP-E)” (September 11, 2019)

“Abamectin; Pesticide Tolerances” - Final Rule (September 9, 2019)

“Pesticides; Interim Process for Evaluating Potential Synergistic Effects of Pesticides During the Registration Process; Notice of Availability and Request for Comments” (September 9, 2019)

Fish and Wildlife Service 

“Endangered and Threatened Wildlife and Plants; Reclassifying the American Burying Beetle From Endangered to Threatened on the Federal List of Endangered and Threatened Wildlife With a 4(d) Rule” (September 9, 2019)

“Endangered and Threatened Wildlife and Plants; 90-Day Findings for Three Species” (September 6, 2019)

Food Safety and Inspection Service 

“Notice of Request To Renew an Approved Information Collection: Specified Risk Materials” (September 9, 2019)

Rural Housing Service 

“Announcement of the Availability of Disaster Relief Act 2019 Grant Funds for Community Facilities” (September 10, 2019)

Pennsylvania Actions and Notices:

Department of Environmental Protection

“Nutrient Credit Trading Program; Actions; Administrative Extension” (September 7, 2019)

“Nutrient Credit Trading Program; Mass Certification” (September 7, 2019)

“The Clean Streams Law And The Federal Clean Water Act: Applications For National Pollutant Discharge Elimination System (NPDES) Permits And Water Quality Management (Wqm) Permits”  (September 7, 2019)

Environmental Quality Board

“Meeting Cancellation - September 17, 2019” (September 7, 2019)

Penn State Research:

“Ash Tree Species Likely Will Survive Emerald Ash Borer Beetles, but Just Barely”—Penn State News (September 7, 2019)

“Livestock Disease Risk Tied to Herd Management Style in Tanzania”—Penn State News (September 3, 2019)

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

“Legislative Committee Schedules Hearing on Sunday Hunting in Pennsylvania”—Penn Live (Sep. 9, 2019)

“Mississippi to ‘Tighten Up’ Food Labeling Law”—Meat + Poultry (Sep. 9, 2019)

“Hemp Farming Quadrupled in the U.S. This Year, New Report Shows”—Forbes (Sep. 5, 2019)

“Tyson Ventures Invests in Plant-Based Shellfish”—Feedstuffs (Sep. 5, 2019)

“The Poultry Clash Awaiting U.S.-U.K Trade Talks”—Politico (Sep. 6, 2019

“Disaster Relief Funding Available for Farms in Seven PA Counties”—Morning Ag Clips (Sep. 4, 2019)

“How the Trump Administration Limited the Scope of the USDA’s 2020 Dietary Guidelines”—Washington Post (Aug. 30, 2019)

“US Dairy Piles Pressure on Washington to Complete Japan Trade Deal”—DairyReporter.com (Aug. 21, 2019)

“America’s Chicken Industry Accused of Conspiring to Keep Immigrant Wages Down”—Bloomberg (Sep. 3, 2019)

“Retaliatory Tariffs Bite U.S. Farmers, Not the Importers”—Successful Farming (Sep. 4, 2019)

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Agricultural Law Weekly Review—September 29, 2016

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:

Liability: Court Rules against Application of Equine Activity Immunity Act

On September 26, 2016, the United States District Court, M.D. Pennsylvania denied a motion claiming immunity protection under the Pennsylvania Equine Activity Immunity Act (EAIA) regarding an injury suffered at an equine facility due to a broken stirrup (Melendez v. Happy Trails and Riding Center, Inc., 2016 WL 5402745).  Under EAIA, to receive negligence protection, a qualifying defendant must demonstrate that their equine facility had proper signage and that the plaintiff assumed the risk of the equine activities (4 P.S. §§ 601-606).  According to the court, a “Defendant must show that [a] Plaintiff knew that the equipment he was provided with might break and voluntarily continued with the horseback ride in spite of that knowledge.” The court stated that because the equine facility failed to point to anything in the record to show that the injured party knew of the risk of equipment failure “and voluntarily disregarded it, EAIA provides no relief.”

Fertilizer Sales: Court Rules New OSHA Retail Facilities Safety Standard Must Go Through Rulemaking Process

On September 23, 2016, the United States Court of Appeals, District of Columbia Circuit ruled that the Occupational Safety & Health Administration (OSHA) violated the Occupational Safety and Health Act when the agency issued a new safety standard designed to narrow the exemption for retail facilities that deal in toxic chemicals (Agricultural Retailers Association and The Fertilizer Institute v.United States Department of Labor and Occupational Safety & Health Administration, 2016 WL 5315200).  According to the court, OSHA’s action was a modification of an existing safety standard, and as such, could only be validly accomplished by complying with the notice and comment procedures required by the Administrative Procedure Act.

GMO: APHIS Determines GE Apple Unlikely Environmentally Harmful

On September 23, 2016, the United States Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) announced that regarding the deregulation of the genetically engineered apple line known as Arctic® Fuji, the agency was making available: (1) the final Determination and plant pest risk similarity assessment and (2) the Finding of No Significant Impact (FONSI).  According to APHIS, Arctic® Fuji apples, which are engineered to resist enzymatic browning, “are unlikely to pose plant pest risk and are no longer to be considered regulated articles under APHIS’ Biotechnology Regulations.” As a result, APHIS stated that a determination of nonregulated status of the apple line “will have no significant environmental impacts.”

GMO: AHIS Extends Preliminary Determination of Nonregulated Status on GE Potatoes

On September 24, 2016, the United States Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) published notice in the Federal Register that the agency “has reached a preliminary decision to extend [a] determination of nonregulated status of J.R. Simplot Company's (Simplot) InnateTM Potato designated as Russet Burbank event W8 (the antecedent potato event) to Simplot's Ranger Russet variety (X17) and Atlantic variety (Y9) potatoes” (81 FR 65622).  According to APHIS, “Simplot’s X17 and Y9 potatoes have been genetically engineered for late blight resistance, low acrylamide potential, lowered reducing sugars, and reduced black spot using the same genetic constructs used to transform the antecedent potato event.” The comment period on the preliminary decision closes October 24, 2016.

Labeling: FDA Announces Industry Guidance and Comment Docket Regarding Use of Term “Healthy”

On September 28, 2016, the United States Food and Drug Administration (FDA) published notice in the Federal Register “announcing the availability of a guidance document for industry entitled “Use of the Term ‘Healthy’ in the Labeling of Human Food Products: Guidance for Industry” (81 FR66527).  According to FDA, “the guidance advises manufacturers who wish to use the implied nutrient content claim ‘healthy’ to label their food products as provided by [FDA] regulations.” Relatedly, on September 28, 2016, FDA published notice in the Federal Register that the agency has established “a docket to receive information and comments on the use of the term ‘healthy’ in the labeling of human food products” (81 FR 66562).  Comments must be received by FDA on January 26, 2017. 

Equine: APHIS Announces Proposed Rule to Amend Horse Protection Regulations

On September 22, 2016, the United States Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) published notice in the Federal Register that the agency is extending the comment period regarding the “proposed rule to amend the horse protection regulations to provide that [APHIS] will train and license inspectors to inspect horses at horse shows, exhibitions, sales, and auctions for compliance with the Horse Protection Act” (81 FR 65307).  The revised comment period closes October 26, 2016.  Additionally, APHIS announced that the agency is “also making a clarification to the proposed regulations pertaining to specific prohibitions concerning exhibitors.”

Apples: Secretary Publishes Referendum Order on Continuation of the Pennsylvania Apple Marketing Program

On September 24, 2016, Pennsylvania Secretary of Agriculture Russell Redding published a notice in the Pennsylvania Bulletin entitled “Referendum Order on Continuation of the Pennsylvania Apple Marketing Program” (46 Pa.B. 6023).  According to the Referendum Order, “[t]he Pennsylvania Apple Marketing Program was established under the provisions of the Agricultural Commodities Marketing Act…[and] requires that the Secretary of Agriculture call a referendum of affected producers every five years to determine whether or not a majority of those voting still desire the program.” Eligible referendum voters include “[a]ll apple producers who produced, grew, or caused to be grown 500 or more apple trees for sale or marketing in the Commonwealth in calendar year 2016 and intend to produce, grow, or cause to be grown 500 or more apple trees for sale or marketing in the Commonwealth in calendar year 2017.” The referendum period runs from October 17, 2016 through October 31, 2016.

Agricultural Law Weekly Review—July 7, 2016

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.”      

Agricultural Law Weekly Review—April 21, 2016

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:

Medical Marijuana: Pennsylvania Establishes Medical Marijuana Program

On April 17, 2016, Pennsylvania Governor Tom Wolf signed into law the establishment of the Commonwealth’s medical marijuana program (Act 16).  Under the enacted legislation, only persons holding a permit from the Department of Health of the Commonwealth (the Department) may grow or process medical marijuana.  Accordingly, the Department is only authorized to issue 25 permits throughout the entire state and must charge each permit holder a $10,000 permit application fee, a $200,000 permit fee, and a $10,000 yearly permit renewal fee.

Legislation: Committee Approves Agricultural Appropriations Bill

On April 19, 2016, United States House of Representatives Committee on Appropriations approved the Fiscal Year 2017 Agriculture Appropriations Bill (the Bill).  Of note, approval of the Bill included amendments that: 1) prevent the slaughter of horses for human consumption; 2) delay a new rule by USDA to change the requirements for approved SNAP retailers; and 3) prevent a Grain Inspection, Packers and Stockyards Administration regulation that would place restrictions on poultry, beef and pork marketing arrangements.

Dairy Production: USDA Updates Margin Protection Program for Dairy

On April 13, 2016, the United States Department of Agriculture Commodity Credit Corporation published notice in the Federal Register “amend[ing] the regulations for the Margin Protection Program for Dairy (MPP-Dairy) to allow dairy operations to update their production history when a son, daughter, grandchild, or spouse of a child or grandchild of a current producer participating in the MPP-Dairy program joins the operation” (81 FR 21699).  Additionally, the final “rule provides for a later due date for the payment of the entire premium and clarifies that dairy operations that purchase buy-up coverage on less than 90 percent of their production history will also receive catastrophic coverage on the balance, up to 90 percent of the production history.” The final rule became effective April 13, 2016.

Fruit Importation: APHIS Reopens Comment Period Regarding European Apples and Pears

On April 15, 2016, the United States Department of Agriculture animal and Plant Health Inspection Service published notice in the Federal Register that the agency was “reopening the comment period for our proposed rule that would amend the regulations to allow the importation of fresh apple and pear fruit from certain countries in the European Union into the continental United States, provided that the fruit is produced in accordance with a systems approach, as an alternative to importation under the current preclearance program” (81 FR 22203).  The proposed rule in question was originally published in the Federal Register January 20, 2016 (81 FR 3033).  The reopened comment period for the proposed rule closes May 5, 2016.

Marketing Order: USDA Adopts Final Rule on Tart Cherries

On April 18, 2016, the United States Department of Agriculture Agricultural Marketing Service published notice in the Federal Register that the agency was “adopting, as a final rule, without change an interim rule implementing a recommendation from the Cherry Industry Administrative Board (Board) that revised the exemption provisions under the marketing order for tart cherries grown in the States of Michigan, New York, Pennsylvania, Oregon, Utah, Washington, and Wisconsin” (81 FR 22511).  Accordingly, “[t]he interim rule changed the number of years that new market development and market expansion projects are eligible for handler diversion credit from one year to three years…[and] revised the composition of the subcommittee which reviews exemption requests.” The effective date for the affirmation of the interim rule as final rule was April 19, 2016.

Animal Drugs: FDA Publishes Final Rule for New Animal Drugs

On April, 18, 2016, the Department of Health and Human Services Food and Drug and Administration (FDA) published notice in the Federal Register of a final rule “amending the animal drug regulations to reflect application-related actions for new animal drug applications (NADAs) and abbreviated new animal drug applications (ANADAs) during January and February 2016” (81 FR 22520).  According to the final rule, “FDA is also informing the public of the availability of summaries of the basis of approval and of environmental review documents, where applicable.” The final rule became effective April 18, 2016.

FSMA: OSHA Publishes Final Rule for Employee Protection

On April 18, 2016, the United States Department of Labor Occupational Safety and Health Administration published notice in the Federal Register “provid[ing] the final text of regulations governing the employee protection (retaliation or whistleblower) provision found at section 402 of the FDA Food Safety Modernization Act (FSMA)” (81 FR 22530). The final rule became effective April 18, 2016.

Farmland Preservation: 32 New PA Farms Added to Protected List

On April 15, 2016, the Pennsylvania Department of Agriculture (PDA) issued a press release announcing that “an additional 1,792 acres on 32 farms in 14 counties were safeguarded through the state’s nation-leading farmland preservation program.”  According to PDA: “[s]ince the program began in 1988, federal, state, county and local governments have invested more than $1.3 billion to preserve 520,619 acres on 4,951 farms in 57 counties for future agricultural production.”  

ALDF Files Complaints Over Tyson Alleged Animal Abuse

Written by Katharine Richter

On September 14, 2015, the Animal Legal Defense Fund (ALDF) released undercover footage revealing animal abuse inside a Tyson Food slaughter plant located in Carthage, Texas.  ALDF alleges this is a system that allows the exploitation of “both workers and animals.”  According to an ALDF news release, Stephen Wells, ALDF Executive Director commented, “Our Investigation proves that the cruel treatment of chickens by Tyson foods are not isolated incidents, but a systematic, companywide problem.”

According to the ALDF news release, ALDF has “filed three complaints against Tyson Foods with three different government agencies.”  First, it has filed with the U.S. Department of Agriculture (USDA).  ALDF is arguing the food safety regulations contained in the Poultry Products Inspection Act which were violated by Tyson by their “inhuman animal handling practices and food safety violations.”  Second, ALDF filed with Occupational Safety and Health Administration (OSHA) stating Tyson’s line speed is unrealistic and is creating unsafe working conditions for employees as well as harming animal welfare and violating food safety regulations.  Finally, ALDF filed with U.S. Securities and Exchange Commission (SEC) for “overstating the priority it puts on animal welfare in corporate and investor materials.”  ALDF has also asked the Attorney General of the State of Delaware, where Tyson was incorporated, to investigate and sanction Tyson.

This is not the first investigation into Tyson Foods alleged mistreatment of animals.  Back in August, 2015, Tyson dropped a Tennessee contract farm where individuals were videotaped beating chickens with a stick and stomping on them in an undercover investigation conducted by the group Mercy For Animals.

According to Food Safety News, Tyson issued a media report stating the employees at the plants are trained to report inappropriate behavior and can report to numerous individuals.  Tyson stated there was no record of any violations reported during the time the video was shot.  This is the extent that Tyson has commented on the video and any alleged abuses reported by ALDF.

Case Farms Facing Fines From OSHA Inspection

Written by Tyler R. Etter

On August 13, 2015, the Occupational Safety and Health Administration (OSHA) released citations against chicken processor Case Farms facility in Winesburg, Ohio. The inspection occurred in February of 2015, revealing a total of 55 violations, with an assessment of $861,500 in penalties.

The inspection revealed amputation hazard, fall hazards, lack of personal protective equipment, violations of electrical safety standards, improperly stored oxygen cylinders, and a lack of emergency eye wash stations.

The OSHA investigation has characterized Case as an “outrageously dangerous place to work.” Over the past 25 years, Case has had more than 350 violations. According to OSHA, Case Farms has a history of safety violations, with citations issued in 42 out of 66 inspections. Following recent complaints, OSHA is currently investigating Case’s Canton, Ohio operations.

Case Farms has responded to the investigation, stating that it disagrees with the negative characterizations of the company, and that the Winesburg facility had recently passed 900,000 hours without a time-loss injury. According to Case, the last time loss injury occurred was on September, 16, 2014. The company plans on working with OSHA to address the concerns.