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:
HPAI: Indiana Lifts Final Avian Influenza
Quarantine
On May 2, 2016, the Indiana State Board of Animal
Health issued a press release announcing that “[t]he last remaining quarantine
associated with the highly pathogenic avian influenza (HPAI) cases identified
in Dubois County, Ind. has officially been lifted.” According to the press
release, “[t]his quarantine release coincides with the state achieving avian influenza-free
status, after logging 90 consecutive days with no new cases of the poultry
disease.”
FSMA:
FDA Issues Corrections to Final Rule Regarding Standards for the Growing,
Harvesting, Packing, and Holding of Produce for Human Consumption
On May 3, 2016, the Food and Drug Administration
(FDA) published notice in the Federal Register that the agency was amending a
final rule published in Federal Register on November 27, 2015 (81 FR 26466). According to FDA “[t]hat final rule
established science-based minimum standards for the safe growing, harvesting,
packing, and holding of produce, meaning fruits and vegetables grown for human
consumption.” FDA stated that “[t]he
final rule published with some editorial and inadvertent errors…[and that] [t]his
document corrects those errors.”
Beef
Checkoff: Suit Filed Against USDA for Use of Checkoff Tax
On May 2, 2016, the Ranchers-Cattlemen Action Legal
Fund, United Stockgrowers of America (R-CALF USA) brought suit against the
United States Department of Agriculture (USDA) alleging that USDA “turns over
proceeds from a federal tax on each sale of cattle to the private Montana Beef
Council, to fund the council’s private speech, harming R-CALF USA’s members.”
According to the complaint, R-CALF USA stated that the production methods of its
members “stand in contrast to those used by large, multinational producers who
source much of their cattle and beef internationally.” As a result, R-CALF USA asserted
“its members object to and disagree with communications espousing that all beef
is equal and/or that fail to distinguish between domestic and foreign beef.”
Crop
Insurance: USDA Announces Funds Available for Risk Management Education
On May 5, 2016, the United States Department of
Agriculture's Risk Management
Agency issued a press release announcing the
availability of $4.4 million in funding for the Crop Insurance in Targeted
States Program. According to the press
release, “[t]he program backs development of crop insurance education programs
where there is a low level of federal crop insurance participation and
availability.” The press release stated that the “targeted states are Alaska,
Connecticut, Delaware, Hawaii, Maine, Maryland, Massachusetts, Nevada, New
Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Utah, Vermont,
West Virginia and Wyoming.”
