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Read Agriculture Law updates, alerts, news, and legal analysis from leading lawyers and law firms:

Are You Exempt? FDA Announces Waivers for Certain Businesses Subject to the Sanitary Transportation Rule

by Dickinson Wright on

The FDA Food Safety Modernization Act (FSMA) rule on Sanitary Transportation of Human and Animal Food is now final and on April 5, 2017, the FDA published three waivers for certain qualifying businesses. The Sanitary...more

FDA Announces Waivers to Sanitary Transportation Rule

by Bryan Cave on

Today, FDA announced that it has issued the first three waivers under the Sanitary Transportation of Human and Animal Food Rule, one of the many rules designed to implement the Food Safety Modernization Act. These waivers are...more

WTO Panel Decision: EU – Poultry Meat (China)

by White & Case LLP on

Decision: A WTO Panel has issued a mixed ruling in a challenge by China to the EU's modification of its tariff schedule for goods. Significance of Decision: This important decision provides new clarity on the...more

Food and Beverage News and Trends - March 2017 #2

by DLA Piper on

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape. FDA holds public meeting on redefining "healthy" claims in food labeling....more

CFIUS Reform Turns to Food Security

by Hogan Lovells on

Congressional efforts to reform the Committee on Foreign Investment in the United States (CFIUS), a U.S. Government interagency committee that conducts national security reviews, continue apace. This week saw the introduction...more

Executive Order Creating Steps for Regulatory Review and Reform Could Target Burdensome Employment Rules

by Littler on

On Friday, President Trump issued an executive order, Enforcing the Regulatory Reform Agenda ("the Order"), which calls for each federal agency to develop a regulatory reform task force to identify burdensome regulations for...more

The Beginning of the National Bioengineered Food Disclosure Standard

by King & Spalding on

In our last issue of the International Food Law Gazette, we reported on the changing legal landscape for the labeling of genetically engineered (GE) foods (more commonly referred to as genetically modified organisms, or GMO)....more

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

by McNair Law Firm, P.A. on

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

US Federal Regulatory Agencies Request Comment on Proposed Private Flood Insurance Rule

by Shearman & Sterling LLP on

The US Federal Reserve Board, the Farm Credit Administration, the FDIC, the National Credit Union Administration and the OCC issued a joint notice of proposed rulemaking to implement provisions of the Biggert-Waters Flood...more

DC Circuit Finds OSHA “Interpretation” Narrowing Retail Exemption Under the Process Safety Management Standard Really a...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In a challenge brought by trade associations for the farm supply and fertilizer industries, the D.C. Circuit vacates OSHA memorandum narrowing the retail exemption from the PSM standard. The U.S....more

U.S. Court of Appeals Blocks New OSHA Fertilizer Rules Because of Improper Rulemaking

by Jackson Lewis P.C. on

The Occupational Safety and Health Administration failed to go through the proper rulemaking process before mandating retailers to implement new stricter storage standards for anhydrous ammonia fertilizer, the U.S. Court of...more

Food and Beverage News and Trends - October 2016

by DLA Piper on

FDA seeks public comment on possible revision of its definition of "healthy" on food labels. The FDA has begun an initiative to revisit its legal definition of "healthy" as used by manufacturers on food labels. In a September...more

Leaving a Tart Taste in One Processor’s Mouth: Court Dismisses Claims of a Plaintiff Subject to the Tart Cherry Order

by Varnum LLP on

Agricultural law can often be complicated, but it is not always this "tart." Burnette Foods, a tart cherry processor in Michigan, has found itself in an ironic position: it is subject to a law that was enacted with...more

Food and Nutrition Service of the USDA Releases New Rule Regarding School Wellness Policies

by Shipman & Goodwin LLP on

The Food and Nutrition Service of the United States Department of Agriculture has released its final rule regarding Local School Wellness Policies under the Healthy, Hunger-Free Kids Act of 2010. All local school wellness...more

Not So Sweet: The Debate Over Evaporated Cane Juice

by Pepper Hamilton LLP on

FDA’s final guidance expresses its view that the phrase “evaporated cane juice” is false and misleading. “Evaporated cane juice” has become a popular ingredient in everything from yogurt to cookies, attracting consumers...more

Supreme Court’s Environmental and Administrative Law Decisions in 2015-2016 Term

This Advisory briefly reports on some of the significant U.S. Supreme Court actions from January through June 2016 related to environmental and administrative law. Please see full Publication below for more information. ...more

President Obama Signs GMO Labeling Bill

Four weeks after Vermont’s controversial legislation regulating the labeling of foods containing genetically modified organisms (GMOs) took effect, President Obama has signed into law bill S. 764, which puts in place the...more

In First Set of Post-Grant Review Decisions, PTAB Strikes Down Patents Based on Alice

by McDermott Will & Emery on

Addressing for the first time the issue of patent validity in the context of an America Invents Act post-grant review, the Patent Trial and Appeal Board (PTAB or Board) invalidated two livestock patents as unpatentable under...more

Protecting Food Industry Whistleblowers: FDA, OSHA team up under FSMA

by Thompson Coburn LLP on

In 2011, when the Food Safety Modernization Act was passed, it sought to revamp food safety in the United States. Since then, the Food and Drug Administration (FDA) has been hard at work passing regulations to implement the...more

Major Federal Food Safety Law Depends on Individual State Enforcement

by Varnum LLP on

In 2011, Congress approved the FDA Food Safety Modernization Act in response to several deadly outbreaks of foodborne illnesses. These outbreaks convinced legislators and food industry groups that the then-existing food...more

Food and Beverage News and Trends - May 2016 #2

by DLA Piper on

Report finds no danger to human health in consumption of GMOs. In a 388-page report released May 17, the National Academies of Sciences, Engineering and Medicine said it has found no evidence of adverse health effects in...more

Wrap-Up of Federal and State Chemical Regulatory Developments, May 2016

by Bergeson & Campbell, P.C. on

TSCA/FIFRA/IRIS/NTP/TRI - Office Of Inspector General Considers Pesticide Imports: In a memorandum dated April 22, 2016, the U.S. Environmental Protection Agency (EPA) Office of Inspector General (OIG) informed EPA that...more

Another Statute With Broad Whistleblower Protections - The FDA's Food Safety Modernization Act (FSMA)

by Barley Snyder on

In April, the U.S. Occupational Safety and Health Administration (OSHA) issued its final rule governing unlawful retaliation against workers who complain about or disclose food safety concerns to their employer or to OSHA....more

California "Organic" Labeling Decision: A Blueprint for More Class Actions of FDA Regulated Products?

by Baker Donelson on

In December 2015, the California Supreme Court issued a ruling in Quesada v. Herb Thyme Farms, Inc., which may affect many companies subject to FDA regulation, but particularly those that advertise and sell products as...more

Biofuel, Corn, And Sorghum Farmers Challenge Lowered RFS Volumes

by Bergeson & Campbell, P.C. on

On January 8, 2016, seven biofuel and agriculture groups requested the U.S. Court of Appeals for the D.C. Circuit to review the Renewable Fuel Standards (RFS) for 2014, 2015, and 2016. The Petition was filed by Biotechnology...more

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