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:
Avian Influenza:
Second Flock Confirmed in Tennessee
On March 16, 2017, the Tennessee Department of
Agriculture (TDA) issued a press
release announcing “that a strain of highly pathogenic avian influenza
(HPAI) has sickened a second commercial chicken breeder flock within the
existing controlled quarantined zone in Lincoln County, Tenn.” According to TDA,
federal officials confirmed the positive test on March 14, 2017, and that depopulation
of the affected premises has begun. This
recent confirmation follows the previous March 5, 2017, confirmation
of a separate flock in Lincoln County, Tenn.
Biosecurity:
PDA Issues Statement Following Positive HPAI Test in Tennessee
On March 10, 2017, the Pennsylvania Department of
Agriculture (PDA) issued a press
release following the confirmation of highly pathogenic avian influenza in
a Tennessee poultry flock on March 5, 2017.
In the press release, PDA urged both “poultry producers and backyard enthusiast
to take important steps that can help to protect domestic flocks.” According to
PDA biosecurity plans should be put into place that “focuses on cleanliness and
isolating domestic birds from those in the wild.” PDA stated that “[e]ven
though this case in Tennessee is hundreds of miles from Pennsylvania’s borders,
we must be on guard…[because] [i]t’s migration season for wild birds, which can
carry this disease.”
Avian
Influenza: Alabama Issues Stop Movement Order for Poultry
On March 14, 2017, the Alabama Department of
Agriculture and Industry (ADAI) issued a press
release announcing a stop movement order for certain poultry in Alabama. According to ADAI, the stop movement order is
the result of three suspected avian influenza cases within the state. Currently, investigations are being conducted
on a commercial breeder operation in Lauderdale County and a backyard flock in
Madison County. ADAI stated that “[s]amples
from both premises have been sent to the USDA National Veterinary Services
Laboratories (NVSL) in Ames, Iowa and are being tested to determine presence of
the virus.” Additionally, on March 12, 2017, suspected samples have been
collected from a Jackson County flea market and have been sent to NVSL for
testing.
Enforcement:
USDA Alleges Wrongdoing under Perishable Agricultural Commodities Act
On March 15, 2017 the U.S. Department of Agriculture
(USDA) announced
the filing of “an administration action under the Perishable Agricultural
Commodities Act (PACA) against J & R Fresh Produce LLC.” According to USDA,
J & R Fresh Produce LLC “allegedly failed to make payment promptly to seven
produce sellers in the amount of $281,225 from August 2015 through June 2016.”
USDA stated that the PACA Division “is part of USDA’s Agricultural Marketing
Service (AMS) and regulates fair trading practices of produce businesses that
are operating subject to PACA including buyers, sellers, commission merchants,
dealers and brokers within the fruit and vegetable industry.”
Food
Safety: Court Enters Permanent Injunction Preventing Distribution of
Adulterated Milk Powder Products
On March 15, 2017, the U.S. Department of Justice
(DOJ) announced
that the U.S. District Court for the Western District of Virginia has entered a
consent decree of condemnation and permanent injunction regarding the
contamination of certain milk powder products at Valley Milk Products’
Strasburg, Virginia facility. According
to the press release, DOJ “alleged that certain milk powder products of the
defendants were manufactured under insanitary conditions whereby they may have
become contaminated with filth, and/or whereby they may have been rendered
injurious to health.” Additionally, “[t]he defendants have also agreed to be
bound by a permanent injunction that prohibits them from resuming the
manufacture of milk powder products at the Strasburg facility without
implementing effective corrective action.”
AgLaw HotLinks:
- Legislators in Alaska work to require labeling of genetically modified products - Genetic Literacy
- PA Farm Bureau meets with lawmakers in Washington to discuss agricultural issues - FarmandDairy
- Two proposed Arkansas bills look to increase fines for excessive applications of herbicides (i.e. dicamba - Delta Farm Press
- Florida advocacy group sues chicken processing plant for Suwanee River pollution -Meatingplace
- “Environmental groups ask to defend NOAA in seafood traceability lawsuit” - FoodChemicalNews
- “Advocate urges Trump to insert COOL into NAFTA negotiations” - TSLivestockNews
- Second case of avian influenza found in another Tennessee county - Meatingplace
- “GAP animal welfare standards expand to include laying hens” - FeedStuffs
- What the new U.S. policies will mean for agriculture - AgWeb
- Scott Gottlieb is chosen for new FDA commissioner - FoodSafetyNews
- “House Ag subcommittee holds hearing on rural development programs” - TSLN
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