Agriculture Updates

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Felicia Reid Explores 2016 California Wage-and-Hour Law Affecting Agricultural Workers in Daily Journal

HK's Felicia Reid authored the Los Angeles/San Francisco Daily Journal “New Laws” supplement article titled, “AB 1066: Overtime for farmworkers.” The piece unpacks the Phase-In Overtime for Agricultural Workers Act of 2016, a...more

What is the Price for Failing to Voluntarily Disclose an FCPA Violation? – A Curious Case Of Successor Liability

On January 6, 2017, the Securities and Enforcement Commission filed an Administrative Action announcing a settlement with two global agribusiness companies. The Order is brief and short on facts. ...more

News from the Vermont State House - Legislative Updates for the 2017 Session

Newly-elected lawmakers in both houses got the news about where they will spend most of their days this session when committee assignments were handed out. Speaker of the House Mitzi Johnson, D-South Hero, gave House members...more

Food and Beverage News and Trends - January

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape. Idaho ag-gag law back in court. In 2015, a federal court struck down...more

Shepherding in a New Era in Section 11(b) Rights

In R v Jones and Schmidt, 2016 ONSC 7388, a November decision of the Ontario Superior Court of Justice, the court found that unreasonable delays in bringing the case to trial were mostly attributable to the prosecution and,...more

Update on Health Canada's modernization makeover: changes to food labelling requirements

Health Canada’s “modernization makeover” continues. The Agency’s comprehensive review of regulations surrounding food and health products has already brought about considerable changes to several labelling requirements in the...more

The Path Forward for Industrial Hemp in Indian Country

On Oct. 24, 2016, Reuters and Forbes reported that the Navajo Nation, whose reservation is the largest by square miles in the United States, was in the final stages of partnering with CannaNative to grow industrial hemp on...more

OFAC Expands Iran-Related Authorizations for Medicine, Medical Devices and Agricultural Commodities

On December 23, 2016, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) issued a Final Rule amending the Iranian Transactions and Sanctions Regulations, 31 C.F.R. Part 560 (ITSR) to expand the...more

Senator Stabenow Introduces Urban Agriculture Act of 2016

This fall, U.S. Senator Debbie Stabenow announced plans to introduce the Urban Agriculture Act of 2016, legislation that would support urban farming initiatives and increase access to healthy food. “Urban agriculture is...more

Trump’s Winery in Virginia Seeks Visas for Foreign Workers

President-elect Trump’s winery in Charlottesville, Virginia recently filed visa applications with the U.S. Department of Labor (DOL). The winery said it will need six workers to prune grape vines six days a week , with a pay...more

New California Labor and Employment Laws for 2017

Continuing a trend from recent years, the California Legislature passed, and Gov. Jerry Brown signed into law, numerous labor and employment bills in 2016. Each becomes effective on Jan. 1, 2017, unless otherwise...more

DeCoster Rehearing Denied—Food and Beverage Company Executives Face Risks of Prosecution as Responsible Corporate Officers

A recent Eighth Circuit decision that two corporate officers must serve jail time for failing to prevent the distribution of contaminated eggs despite the fact that they did not know the eggs were infected reaffirms...more

OEHHA Adopts Revised Temporary Regulations for BPA Warnings in Food & Beverage Packaging

The Office of Environmental Health Hazard Assessment (OEHHA) recently adopted revised regulations providing safe harbor warnings for food and beverage product packaging containing BPA. These new regulations, which take effect...more

“Extra Sweet Pink Flesh Pineapple” – Oh My!

First off, I will admit that I am somewhat of a sucker for fresh pineapple (in fact, it was my “gorging” food of choice during my pregnancies, when I could literally eat a whole pineapple in one sitting – which is...more

International developments on modern slavery

International developments on modern slavery - US Customs has seized four shipments seeking to enter the US this year. This follows developments early in 2016 when President Obama signed the Trade Facilitation and Trade...more

Be Prepared Before Your Borrower Files a Farm Bankruptcy

How prepared are you for a workout or Chapter 12 farm bankruptcy filed by your Borrower? Make it your New Year’s Resolution to know the answer to these questions about your Borrower. Do you conduct regular file reviews?...more

U.S. Government to Release Its National Action Plan on Responsible Business Conduct

On Friday, December 16, the Government of the United States will release its long-awaited National Action Plan on Responsible Business Conduct. ...more

EPA Publishes Revised Pesticide Application General Permit

EPA has promulgated a final rule revising the Pesticide General Permit (the “2016 PGP”). The 2016 PGP is applicable only in four states (Idaho, Massachusetts, New Hampshire, and New Mexico) and at federal facilities, but the...more

South Carolina Court of Appeals, in Montgomery v. Spartanburg County Assessor, Reverses Prior Administrative Law Court Order...

The South Carolina Court of Appeals’ recent opinion in Montgomery v. Spartanburg County Assessor provides an interesting discussion of the definition of “fair market value for agricultural purposes” in connection with South...more

Top 10 Considerations for Iowa Employers Post Election

There has already been a great deal written about the outcome of the 2016 election. Polls, long considered lagging indicators, were not indicators at all. As the dust settles and the recounts conclude, personal, professional...more

U.S. District Court in Florida Decertifies a Class of Haitian Blueberry Pickers Because Class Members Sought Individualized...

Seyfarth Synopsis: After certifying a class of Haitian blueberry pickers who asserted Title VII discrimination claims, Judge James Moody of the U.S. District Court for the Middle District of Florida issued a sua sponte order...more

The New “Swissness” Legislation

Swiss goods and services are valued by consumers who are ready to pay a premium for goods that are Swiss made. The current rules regulating the Swiss brand are often ignored by the market and enforcement is difficult and...more

The Ninth Circuit Kills GMO Pesticide Regulations in Hawaii Counties

On November 18, 2016, the Ninth Circuit issued five rulings rejecting three Hawaii counties’ attempts to regulate pesticides and genetically modified crops, finding that the regulations were preempted by state and federal...more

Food and Beverage Law Update: December 2016

Overtime Rules Enjoined Nationwide - In State of Nev. v. U.S. Dep't of Labor Case No. 4:16-cv-00731-ALM, 2016 WL 6879615 (E.D. Tex. Nov. 22, 2016), a Texas district court enjoined nationwide the Department of Labor's...more

Elkhorn Crossing, LLC: An Equity Cushion is Not Enough

“Don’t Bet The Farm On It” When is a million dollar equity cushion not enough? Despite a purported cushion of at least $1.2 million, the Bankruptcy Court for the District of Nebraska recently held that a proposed Chapter 12...more

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