Agriculture General Business

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Client Alert: New Changes to North Carolina Alcoholic Beverage Laws Have Big Impact on Local Businesses

On June 19, 2015, House Bill 909 (now Session Law 2015-98) was signed into law by Governor Pat McCrory, making considerable changes to North Carolina Alcoholic Beverage Control (“ABC”) laws. The most notable changes concern...more

AMF Publishes Reporting Obligations and Position Limits for Derivatives on Agricultural Commodities to Commence July 1

On June 15, the Autorité des Marches Financiers (AMF) published a statement that the reporting obligations position limits for agricultural commodity derivatives proposed in the Separation and Regulation of Banking Activities...more

Equine Insurance - Do I Need It?: Understanding the Benefits of Equine Liability Coverage for Your Equine Business Operation

It is no secret that horse ownership can be a risky business. Anyone that operates an equine-related business is aware of the significant cost, planning, and efforts required to provide a safe, successful, and enjoyable...more

Insights Newsletter - Spring 2015

In This Issue: - The Importance of Accredited Investors for Small Business Capital Formation - “All Appropriate Inquiries”: Update on the Environmental Due Diligence Standard - A Hunt for Justice Erodes...more

MDARD Workgroup Recommends Legislation to Support Urban Livestock Operations

Property owners who want to start or expand commercial livestock operations are required to go through a site verification process designed to ensure compliance with Michigan’s Generally Accepted Agricultural Management...more

Guide To Doing Business in Australia: Personal Property Securities Law (Updated)

PERSONAL PROPERTY SECURITIES LAW - Personal property securities law in Australia was recently overhauled with the introduction of the Personal Property Securities Act 2009 (Cth) (PPSA). The PPSA applies across all...more

Kraft Moves to Dismiss Novel CFTC Manipulation Claim

The CFTC accused Kraft Food Groups, Inc. and former parent Mondelez Global LLC with manipulation pursuant to Section 6(c)(1) of the Commodities Exchange Act and Regulation 180.1 promulgated thereunder. Regulation 180.1 makes...more

Canada Retaliates Against U.S. Country of Origin Labelling Requirements

Since 2008, the Canadian government has challenged country of origin labelling (COOL) requirements imposed by the United States Department of Agriculture (USDA). On May 18, 2015, the World Trade Organization (WTO) Appellate...more

Bailment: Retaining Funds Received From a Bankrupt Bailee Is Not a Slam Dunk

In re Mississippi Valley Livestock, Inc., 745 F.3d 299 (7th Cir. 2014) – A debtor sold cattle for the account of a cattle producer and then remitted the proceeds to the producer. A chapter 7 trustee sought to recover...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

Avoiding a Rocky Road: Lessons For Manufacturers From Blue Bell Creameries’ Listeria Investigation

Ice cream maker Blue Bell Creameries has found itself in a sticky situation that underscores the importance of a having a comprehensive and robust compliance program, even for companies who do not manufacture consumer...more

ICA's sector enquiry on the dairy industry

On 5 May 2015, the Italian Competition Authority ("ICA") decided to launch a sector inquiry into the dairy sector. As recently reported by the President of the ICA in its annual hearing at the Senate on 13 May 2015,...more

Bridging the Week - May 2015 #3

CFTC Chairman Discloses Second Phase of Regulatory Review Before Senate Committee; Commissioner Giancarlo Questions Position Limits Proposal Before Energy Risk Summit - Timothy Massad, Chairman of the Commodity Futures...more

EU Customs Practice Group - April 2015

In This Issue: - EU CUSTOMS POLICY: ..Union Customs Code Developments ..Data mining to detect customs violations - TARIFFS: ..Increased GSP+ vulnerability threshold ..Increased additional...more

Locke Lord QuickStudy: “Certified Organic” — A Shield For Defendants Or A Sword For Plaintiffs?

Manufacturers and retailers of organic food products should take note that the United States District Court for the Southern District of New York has held that federal law governing the certification of organic and natural...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

USDA Raises Hurdles to Bankruptcy Sales of PACA-Regulated Produce Businesses

One of the main advantages of purchasing a business out of bankruptcy is that the process can be quick, orderly and predictable. Yet, recently, the United States Department of Agriculture (“USDA”) has challenged the ability...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

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

American Quarter Horse Association Rule Against Registration of Cloned Horses Found Not To Violate Sherman Act

A Matsushita “Quick Look” Analysis Demonstrates that While Plausible, No Evidence Supports An Actionable Conspiracy or Monopoly. Abraham & Veneklasen Joint Venture et al. v. Am. Quarter Horse Ass’n, 776 F.3d 321 (5th Cir....more

Bridging the Week - March 2015 #5

SEC Proposes FINRA Oversee Certain High-Frequency Trading Firms; FINRA and FIA Issue Best Practice Guidance - The Securities and Exchange Commission proposed changes to an existing rule that, if adopted, would require...more

New Canadian Law Strengthens Plant Breeders’ Rights

In Canada, plant breeders’ rights are a form of intellectual property under the Plant Breeders’ Rights Act of 1990. The intent of the 1990 act was to encourage plant breeding in Canada by strengthening the protections for new...more

Mississippi Supreme Court Limits Broker Liability Where Insured’s Conduct Is Uninsurable

When an insurance claim is denied, policyholders sometimes look to their broker as a potential source of recovery. Generally speaking, a broker owes its client the duty to procure the scope of coverage requested. When a...more

Feedlot Health Management Services Ltd v The Queen, 2015 TCC 32 - The Tax Court Considers Fundamental SR&ED Principles

Bennett Jones LLP represented Feedlot Health Management Services Ltd. (FHMS) in the recent Tax Court of Canada proceeding, Feedlot Health Management Services Ltd v The Queen (2015 TCC 32). The case concerned certain...more

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