General Business Administrative Agency Agriculture

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FDA Seeks Comments on Use of “Natural” in Food Labeling

On Tuesday, November 10, 2015, the United States Food and Drug Administration (FDA) announced that it will accept public information and comment on the term “natural” in the labeling of food products, including foods that are...more

FDA Releases Initial FSMA Final Rules

Today the U.S. Food and Drug Administration released the first two final rules that implement the Food Safety and Modernization Act ("FSMA"). The Preventive Controls for Human Food Rule sets new safety requirements for...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

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

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

FDA Publishes Four Key Supplemental Proposed Rules Under the Food Safety Modernization Act

The Food and Drug Administration (FDA) Food Safety Modernization Act (FSMA) was signed into law on January 4, 2011. This groundbreaking piece of legislation is aimed at improving FDA’s capacity to prevent, detect, and respond...more

FDA Draws Criticism With Proposed FSMA Animal Feed Rule And Breweries

FDA's chief food safety inspector, Michael Taylor, recently stated that the agency has "no intention" of preventing breweries from giving spent beer grains to farmers for cattle feed. The FDA's proposed rule would have...more

New FDA Strategy Document for FSMA, Food Safety Modernization ACT

The USDA has issued a new “strategy” document that outlines the agency’s direction with regard to implementing the Food Safety Modernization Act (“FSMA”). The document is intended to “to guide the next phase of FSMA...more

FDA Proposes New Rules Regarding Growing, Harvesting, Packing And Holding Domestic And Foreign Produce

On January 5, 2013, the U.S. Food and Drug Administration (FDA), as part of a continuing overhaul of the United States’ food safety laws under the Food Safety Modernization Act (FSMA), published proposed rules regarding the...more

BIO and ASTA Announce That GEMAA Is Now Effective

The Biotechnology Industry Organization (BIO) and American Seed Trade Association (ASTA) announced today that the Generic Event Marketability and Access Agreement (GEMAA) has received four signatories, and as a result is now...more

McAfee & Taft AgLINC - Fall 2012

In This Issue: - 1 Farmers and commercial motor vehicle regulations - 4 Aflatoxin and the insured farmer - 5 Do you need a CDL for your recreational vehicle? - 6 McAfee & Taft’s Agricultural Real Estate...more

Why Every Line of the Notice of Security Interest Should Be Completed

For many out-of-staters, the first image that comes to mind when they hear "Illinois" is downtown Chicago. Chicago's one of the world's great cities, but the fact is, much of Illinois is rural. The state's 76,000 farms cover...more

OFAC Publishes New Iranian Transactions and Sanctions Regulations

Recently the U.S. Treasury Department Office of Foreign Assets Control (OFAC) issued new Iranian Transactions and Sanctions Regulations. Notably, the regulations formally address financing provisions for authorized sales to...more

Question of the Week: Under Prop 37, how long do companies have to bring their products into compliance with the new labeling...

As we’ve previously discussed, Prop 37 has two important labeling components: (1) a requirement that foods made with genetic engineering are labeled as genetically engineered, and (2) a restriction on labeling genetically...more

“An Intentionally Tough Law”: Employment Rights Lost by “Responsibly Connected” Individuals When Their PACA-Licensed Companies...

The Perishable Agricultural Commodities Act of 1930 (“PACA”)1 is deservedly renowned for its provisions creating a statutory trust on sold perishable commodities, and the products and revenues thereof. See 7 U.S.C. §499e. The...more

In Agricultural Regulation, A "Flawed Rate" is Not a "Filed Rate" For Damage Purposes

Notwithstanding the general applicability of the Filed Rate Doctrine, the Ninth Circuit recently held that it does not necessarily bar producer class actions for overcharges. Whether a given rating authority has “rejected” a...more

Congress May Act to Preempt State and Local Laws That Differ From Federal or Other State Agriculture Production Rules

With the current Farm Bill set to expire on Sept. 30, the U.S. House of Representatives Agriculture Committee adopted a provision in mid-July for the proposed 2012 Farm Bill. ...more

McAfee & Taft AgLINC - February 2012

INSIDE THIS ISSUE: - 1 Full Circle: A lawyer’s story of returning to the family farm - 4 When livestock stray - 5 What every farmer needs to know about the crop insurance appraisal process - 6 FREQUENTLY ASKED...more

How The Restaurant Industry Might Be Affected By Plans to Grown Meat In A Lab?

A recent article posted on MSNBC’s website by Alan Boyle revealed that a scientist working at a university in the Netherlands is working on a project to grow animal meat in a laboratory using funding provided by a private...more

Recovering Attorney Fees in Crop Insurance Disputes with the Risk Management Agency: The Equal Access to Justice Act in NAD...

Agricultural Law Update - Volume 28, Number 4 - November 2011 Purchasers of federally reinsured crop insurance policies often find themselves at odds with the actions of the Risk Management Agency (the “RMA”), the arm of...more

SB 618 Provides Limited Williamson Act Relief for Solar Developers

Just signed by Governor Brown, SB 618 (Wolk) creates, for the first time, an explicit mechanism for landowners and solar developers to remove non-prime agricultural land from existing Williamson Act contracts in order to use...more

New procedures for foreclosure on agister's liens By Jeff Todd and Andrew Long

Originally published in Oklahoma Quarter Horse Racing Association - July 26, 2011 While the Oklahoma horse industry survived the recent economic decline fairly well, we are aware of many horse boarding and training...more

USDA Gives OK for "Organic" Labeling for Third- Party Certified Textiles; National Organic Program Policy Clarified

On May 20, 2011, the United States Department of Agriculture's National Organic Program ("NOP") issued a Policy Memorandum (PM-11-14) addressing the labeling of textile products containing organic ingredients (such as organic...more

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