News & Analysis as of

Farm Animals

Improvements To Housing Of Farm Animals Must Be Science-Based, Sustainable, And Performed In A Cost-Effective Manner

by Fox Rothschild LLP on

On October 12, 2017 Nestlé USA announced that by 2024 they would “strive to source all of the broiler chickens we use as ingredients for our U.S. food portfolio from sources meeting a higher standard of animal welfare,...more

Animal Feeding Operations Emission Estimation Methods: U.S. Environmental Protection Agency Office of Inspector General Report

The United States Environmental Protection Agency (“EPA”) Office of Inspector General (“OIG”) issued a September 19th report titled: Eleven Years After Agreement, EPA Has Not Developed Reliable Emission Estimation...more

Arkansas Environmental Policy Summit 2017: Little Rock, Arkansas – October 27

The Arkansas Environmental Policy Summit (“Summit”) will be held on October 27th in Little Rock, Arkansas. Summit partners include: •Arkansas Public Policy Panel •Arkansas Environmental Defense Alliance •Audubon...more

Animal Care Standards Discussed at the National Institute for Animal Agriculture’s Annual Meeting

by Fox Rothschild LLP on

I recently reconnected with colleagues at the annual meeting of the National Institute for Animal Agriculture in Columbus, Ohio on April 6, 2017 where a special session was held, titled “Animal Care Standards: How Laws,...more

Client Alert: Federal Court Orders CAFOs to Report Air Emissions

On April 11, 2017, the U.S. Court of Appeals for the D.C. Circuit struck down a U.S. EPA rule exempting concentrated animal feeding operations (“CAFOs”) from requirements under CERCLA that mandate reporting of releases of...more

Animal Industries Advisory Committee Update: Government Response Released

by K&L Gates LLP on

The Animal Industries Advisory Committee (AIAC) was established by the Victorian Government in October 2015 to consider whether the planning framework relating to animal industries is meeting the needs of farmers, councils...more

New Legislation in North Carolina Impacts the Agribusiness Industry

by Nexsen Pruet, PLLC on

In the recently ended session in the General Assembly, Senate Bill 770 was enacted. This bill is entitled “An Act To Provide Further Regulatory Relief To The Agricultural Community.”...more

Biosecurity Best Practices Gaining Awareness on Michigan Farms

by Varnum LLP on

Farm biosecurity, a series of management practices and measures designed to minimize or prevent the entry and spread of pests and diseases onto a farm, is drawing increased attention in recent years. Part of the growing...more

New NC "Ag-Gag" Law Might Conflict with NLRB View of Concerted Activity Rights

North Carolina’s controversial new “Ag-Gag” Law took effect January 1. The bill was passed at the behest of state pork and poultry interests concerned over animal rights activists using employment as a cover to film...more

EPA Seeks Comment on National Enforcement Initiatives

by King & Spalding on

On September 15, 2015, EPA solicited public comment on its upcoming cycle of National Enforcement Initiatives (NEI) for fiscal years (FY) 2017-2019. EPA is proposing to adopt three new enforcement initiatives and is...more

Equine Liability: Am I Responsible if my Horse Injures Someone?

by Hodgson Russ LLP on

It’s your worst nightmare. Your horse just injured someone. It was the final riding lesson of the evening. During the short 30-minute lesson, a student that has been riding with you for six months suffered a serious injury...more

New York Case Highlights Sales Tax Pitfalls for Boarding Operations

by Hodgson Russ LLP on

Commercial horse boarders and breeders enjoy a fairly broad set of sales and use tax exemptions in New York State. Exemptions covering most of the operation’s purchases are designed to parallel the tax breaks given to farming...more

NC General Assembly Overrides Veto of Property Protection Bill

Last week, the North Carolina House and Senate overrode Governor McCrory’s veto of legislation intended to shield employers from video or other data or documents release by employees. H.B. 405, called the “ag-gag” bill by...more

DEQ Announces CAFO Permit Change to Protect Michigan Surface Waters

by Varnum LLP on

On May 4, 2015, Michigan's Department of Environmental Quality (DEQ) announced a change to its Concentrated Animal Feeding Operations (CAFO) discharge permits in an effort to better protect the environment and Michigan's...more

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

by McGuireWoods LLP on

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

California Egg Producer Fails to Crack New Shelled Egg Law

by McGuireWoods LLP on

The Ninth Circuit recently upheld California’s Proposition 2, Cal. Health & Safety Code §§ 25990-25991, agreeing with the U.S. District Court for the Central District of California that the new shelled egg law is...more

Wisconsin Supreme Court Holds Pollution Exclusion Applicable to Cow Manure Claims

In its recent decision in Wilson Mut. Ins. Co. v. Falk, 2014 WI 136, the Wisconsin Supreme Court had occasion had occasion to consider whether cow manure generated at a dairy farm, and which migrates from the insured’s...more

Food and Drug Administration Not Required to Ban Antibiotics Given to Food-Producing Animals

by Varnum LLP on

A federal appeals court recently ruled that the Food and Drug Administration ("FDA") does not have to ban the practice of feeding antibiotics to healthy, food-producing animals. This ruling is controversial because of public...more

Of Characterization and Common Sense: Court Holds That Erroneous Interpretation of Allegations of Complaint Doom Counterclaim to...

In In Re Processed Egg Products Antitrust Litigation, No. 2:08-Md.-02002-GP (E.D. Pa., June 10, 2014), the plaintiffs alleged that they purchased eggs from the defendant egg producing cooperatives, and that the plaintiffs had...more

FDA Draws Criticism With Proposed FSMA Animal Feed Rule And Breweries

by Varnum LLP on

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

Horses The Next Pit Bulls? Connecticut Supreme Court Finds That Horses Are Inclined To Be Mischievous, But They Are Not Presumed...

by Hodgson Russ LLP on

In a matter of first impression, the Connecticut Supreme Court ruled that horses belong to a “species naturally inclined to do mischief or be vicious.” The Court did not go so far, however, as to rule that horses are...more

Kit Or Caboodle? Recent Australian Opposition Decision Highlights The Inconsistency In Construction Of Kit Claims Between...

by FPA Patent Attorneys on

The recent Australian opposition decision of Merial Limited v Zoetis LLC [2013] APO 59 highlights the differences between the Australian and New Zealand patent offices in the construction of “kit” claims in relation to the...more

Wisconsin Appellate Court Holds Manure Not a Pollutant

In its recent decision in Wilson Mutual Ins. Co. v. Falk, 2013 Wisc. App. LEXIS 1031 (Wis. App. Dec. 11, 2013), the Court of Appeals for Wisconsin had occasion to consider whether cow manure generated at a dairy farm...more

Georgia DNR Board Postpones Vote On CAFO Rules Changes

by Burr & Forman on

On November 18, the Board of the Georgia Department of Natural Resources postponed a vote scheduled for December 3 on rules changes that, if approved, could expand the state’s hog industry by raising the threshold for...more

McAfee & Taft AgLINC - Fall 2013: Syndication: A viable option for ownership of breeding stock

by McAfee & Taft on

The syndication of stallions rose in popularity several years ago as a result of available tax benefits and the practical benefit of common ownership of a valuable animal used for breeding. While most of the tax benefits from...more

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