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Antimicrobial Sales and Distribution Information FDA Proposes To Be Collected by Animal Species

On May 19, 2015, FDA published in the Federal Register proposed a rule to collect antimicrobial sales and distribution data by major food animal species (cattle, swine, chickens, and turkeys). The purpose of the rule is to...more

Drones: FAA Announces Pathfinder Program to Explore BVLOS and Urban Drone Operations

The FAA’s regulatory actions on unmanned aircraft systems (“UAS”) are accelerating, making it more important than ever for those in the industry—and those looking to use this technology in their own sectors—to keep their eyes...more

FDA Proposes New Expansive Animal Drug Antimicrobial Reporting Regulations

On May 20, 2015, the Food and Drug Administration (“FDA”) proposed new regulations implementing the annual reporting requirements that were originally enacted by Congress in section 105 of the Animal Drug User Fee Amendments...more

Canada and Mexico to Seek Retaliatory Measures Following WTO’s Final Ruling Against U.S. Meat Labeling Law

On May 18, the World Trade Organization’s (“WTO”) Appellate Body upheld a ruling that U.S. country-of-origin labeling (“COOL”) requirements for meat continue to discriminate against imported livestock from Canada and Mexico...more

USDA to Verify Non-GMO Claims

There is now a U.S. Department of Agriculture label for non-GMO claims. In a recent memo, Secretary of Agriculture Tom Vilsack announced that the USDA would verify non-GMO claims through the Agricultural Marketing Service’s...more

USDA Establishing Non-GMO Labeling Program

In a memo to U.S. Department of Agriculture (USDA) employees, Secretary Tom Vilsack revealed that the Agricultural Marketing Service (AMS) is developing a non-GMO certification program. According to the Secretary, the program...more

CFTC Proposes Relief from Trade Option Reporting and Recordkeeping Requirements for Commercial End Users

On April 30, 2015, the Commodity Futures Trading Commission (“CFTC”) approved for publication in the Federal Register proposed amendments to the trade option exemption (the “Proposal”) that would reduce reporting and...more

FAA Proposes Framework of Regulations For Small-Scale Commercial Drones

On Feb. 15 the Federal Aviation Administration released its long-awaited proposed framework for regulating small-scale commercial drones, which weigh less than 55 pounds.1 In its proposal, the FAA made explicitly clear that...more

Transgenic Salmon: A Primer on FDA Food Safety Regulations

When Meriwether Lewis tasted his first roasted morsel of a fresh Chinook salmon at a Shoshone camp along the Lemhi River (in modern day Idaho), he ate it with “very good relish.” It convinced him that “we were on the waters...more

SEC Halts Fraudulent Farm Loan Investment Program

The Commission initiated an action centered on the misuse of offering proceeds tied to farm loans. The defendants include an investment adviser, a financial planner and an attorney. SEC v. Veros Partners, Inc., Civil Action...more

FAA Streamlines Section 333 Exemption Process for Commercial UAS Operations - Summary Grant Process Increases Approved...

In response to pressure from Congress and the high demand for exemptions to use unmanned aerial systems (UAS) for commercial purposes, the Federal Aviation Administration (FAA) has streamlined its processes for granting...more

Can One Bad Apple Spoil the Bunch?

According to their recent press release, Intrexon Corp (NYSE:XON) recently purchased a Canadian specialty food producer, namely Okanagan Specialty Fruits Inc., the inventor of the “Arctic®” apple. ...more

SEC Files Two Offering Fraud Actions Tied To A Horse Farm

The Commission filed two settled offering fraud actions centered in part around an entity engaged in the purchase and sale of thoroughbred horses called Raintree Racing. A second involved an offering of interests in a real...more

USDA National Organic Program Instruction on Use of Brand or Company Names Containing the Word Organic

On August 14, 2014, the National Organic Program (NOP) of the United States Department of Agriculture (USDA) issued its “instruction” to the accredited certifying agents (Certifiers) that certify operations to the USDA...more

From Dusk to Dawn: Battle Looming Over USDA Changes to Sunset Provision of Organic Rules

The USDA is facing a lawsuit in federal court stemming from its decision to unilaterally alter the process for exempting synthetic and non-organic substances used in producing organic food. Until September 2013, substances...more

Federal Government’s Mandatory Grain Shipment Rules Not Extended

The grain shipment rules (Rules) enacted by the Canadian government—the most recent iteration of which expired on March 28, 2015—have not been renewed. ...more

California Governor Orders 25% Cut in Water Use—What It Means for Businesses

California is experiencing a drought of epic proportions. To meet this challenge, on April 1, 2015, California Governor Jerry Brown issued Executive Order B-29-15 to usher in an aggressive statewide plan for reducing water...more

What the Drought Emergency Declaration Means for Your Business

By Executive Order B-29-15, signed on April 1, 2015, Governor Brown declared a state of drought emergency “to exist throughout the State of California ….” Among other things, the recitals state: WHEREAS a distinct...more

California Water Suppliers Facing Historic Mandatory Restrictions on Water Usage

Governor’s Goal: 25 Percent Statewide Water Savings - For the first time in California’s history, urban water suppliers will soon be required to comply with new mandatory restrictions aimed at achieving a statewide 25...more

Governor Brown Orders California’s First Mandatory Water Restrictions

On Wednesday April 1, 2015, in the wake of the state’s four-year drought and a winter that brought record-low snowfalls, Governor Brown issued an executive order mandating statewide water use restrictions for the first time...more

The Plant Variety Protection Act—An Increasingly Important Form of Intellectual Property Protection for Plants

As part of their treaty obligations in establishing International Union for the Protection of New Varieties of Plants (UPOV), member countries have enacted laws that provide ‘‘Plant Breeders’ Rights’’ for protecting the...more

EU Passes Controversial Directive Concerning GMOs

On March 2, 2015, European Union (EU) Ministers approved a Directive previously approved by the European Parliament with regard to genetically modified organisms (GMO). ...more

Food Safety & Nutrition

The regulatory and legislative outlook for Food Safety and Nutrition is, compared to other more contentious and politicized issues, fairly robust for the next two years. At the federal agencies, there will be continued...more

NASDA Supports National Uniform Labeling Policy for Genetically Modified Foods

The National Association of State Departments of Agriculture (NASDA) passed a resolution to support a national uniform labeling policy for genetically modified foods (GMO). The purpose of this resolution is to have a uniform...more

EFSA Scientific Network of Risk Assessment of Nanotechnologies in Food and Feed Publishes 2014 Annual Report

On February 16, 2015, the European Food Safety Authority (EFSA) published the 2014 annual report of the EFSA Scientific Network of Risk Assessment of Nanotechnologies in Food and Feed, which is intended to inform the public...more

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