Farm Animals

News & Analysis as of

EPA Seeks Comment on National Enforcement Initiatives

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?

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

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

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

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

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

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

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...

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...

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

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

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

Proposed Sale Of Smithfield To Chinese Company Has Some Critics Squealing, While Others Say It Will Bring Home The Bacon

Smithfield Foods, Inc. announced that it had entered into a definitive merger agreement with Chinese holding company Shuanghui International Holdings Limited on May 29, 2013. Based in Virginia, Smithfield is the world's...more

Arizona’s Bankruptcy Exemptions Go Up! And Why You Should Care

Today was a pretty exciting day…if you are a bankruptcy attorney in Arizona. In fact, if you are needing to file bankruptcy and you live in the great state of Arizona you should be excited as well. Or at a minimum slightly...more

Internal Emails Reveal FDA's Concerns With Voluntary Animal Antibiotic Policies

An internal FDA memo circulated last month shows the agency is mulling timeframes for animal drug sponsors to comply with new voluntary policies intended to reduce the subtherapeutic use of antibiotics in food animals, but...more

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