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:
Labor:
SCOTUS Upholds Donning and Doffing Class Action against Tyson
On March 22, 2016, the Supreme Court of the United
States ruled against Tyson Foods’
(Tyson) objection to the certification of a class action involving overtime pay
and employee time spent donning and doffing protective gear worn at a pork
processing plant in Iowa (Tyson Foods,Inc. v. Bouaphakeo, 2016 WL 1092414).
According to the Court opinion, Tyson claimed that because the type of
protective gear worn varied among the employees at the plant, “the employees’
claims were not sufficiently similar to be resolved on a classwide basis.” The
Court held that sample evidence produced by an expert witness, who observed
videotape of the employees donning and doffing activities and compiled a study
that provided an average of these times, satisfied the Federal Rule of Civil
Procedure 23 class action requirement for a “question of law or fact common to
class members.”
GMO
Labeling: Kellogg, General Mills, and Mars Announce Nationwide Labeling Plans
On March 23, 2016, Kellogg issued a press release
stating that in order to comply with the state of Vermont’s GMO labeling law,
scheduled to go into effect on July 1, 2016, the company “will start labeling
some of [its] products nationwide for the presence of GMOs beginning in
mid-to-late April.” The decision by Kellogg echoes similar statements issued by
General Mills and Mars on March 18, 2016.
According to General Mills, because the company cannot label “products for
only one state without significantly driving up costs…consumers all over the
U.S. will soon begin seeing words legislated by the state of Vermont on the labels
of many of their favorite General Mills products.” According to Mars, although
the company “firmly believe[s] GM ingredients are safe…in order [t]o comply
with [the Vermont labeling law], Mars is introducing clear, on-pack labeling on
our products that contain GM ingredients nationwide.”
BSE:
FDA Issues Final Rule on “Mad Cow Disease” in Human Food
On March 17, 2016, the U.S. Food and Drug
Administration issued a press release announcing a final rule “designed to further
reduce the potential risk of bovine spongiform encephalopathy (BSE), sometimes
referred to as ‘mad cow disease,’ in human food.” According to the final rule,
published in in the Federal register March 18, 2016, FDA has “designated the
following items as prohibited cattle materials: Specified risk materials
(SRMs), the small intestine from all cattle (unless the distal ileum has been
removed), material from nonambulatory disabled cattle, material from cattle not
inspected and passed, or mechanically separated (MS) (Beef).” Intended “to
minimize human exposure to certain cattle material that could potentially
contain the BSE agent,” the finalized rule becomes effective April 18, 2016.
Food
Safety: Canada Approves Genetically
Engineered Potato
On March 22, 2016, J.R. Simplot issued a press release stating that Health Canada and the Canadian Food Inspection Agency have
approved for sale in Canada J.R. Simplot’s Innnate® Gen. 1 potato, a product genetically
engineered to reduce browning or bruising when cut. According to the Canadian Press, “the
potatoes will not have a label indicating they are genetically engineered, as
that's not a Health Canada requirement provided they've been deemed safe for
consumption.” Relatedly, on March 20, 2015, the U.S. Food and Drug Administration concluded that J.R. Simplot’s Innate potatoes were “as safe and
nutritious as their conventional counterparts,” and as a result, safe for human
consumption. According to J.R. Simplot,
Innate® Gen. 1 potatoes are currently being “grown and sold in the U.S. fresh
market under the White Russet™ brand.”
International
Relations: USDA Announces Agricultural Measures with Cuba
On March 21, 2016, the U.S. Department of Agriculture
(USDA) issued a press release announcing “several measures that will foster further
collaboration between the U.S. and Cuban agricultural sectors.” According to Agricultural
Secretary Tom Vilsack, USDA will now permit “the 22 industry-funded Research
and Promotion Programs and 18 Market Order organizations to conduct authorized
research and information exchange activities with Cuba.” Secretary Vilsack expressed
a belief that the measures will assist in expanding trade between the two nations. The press release stated, however, that while
“the Trade Sanctions Reform Act (TSRA) of 2000 permits the export of U.S.
agricultural commodities…U.S. agricultural exports to Cuba are limited by U.S.
restrictions on government export assistance, cash payments, and extending
credit.”
Legislation:
Pennsylvania Senate Votes Unanimously for Industrial Hemp
On March 16, 2016, the Pennsylvania Senate voted
49-0 to pass Senate Bill 50 (SB50).
According to the proposed legislation’s Senate Co-Sponsorship Memoranda,
SB50 “will provide for an industrial hemp industry in the Commonwealth through
the establishment of an Industrial Hemp Licensing Board within the Department
of Agriculture to license and regulate the cultivation, growth and sale of
industrial hemp.” Following the Senate vote,
on March 17, 2016, SB50 was referred to the House Agriculture and Rural Affairs committee.
