The U.S. Department of Agriculture's (USDA) Food Safety and Inspection Service (FSIS) (collectively, the Agency) on Aug. 7, 2024, issued a proposed rule aimed at reducing Salmonella contamination in raw poultry products...more
In City of New York v Ball, 2024 NY Slip Op 24179 [Sup Ct, Albany County 2024], the Albany County Supreme Court upheld a determination of the Commissioner (“Commissioner”) of the Department of Agriculture and Markets...more
On August 2, 2024, the Association of American Feed Control Officials (“AAFCO”) announced that its Memorandum of Understanding 225-07-7001 (the “MOU”) with the U.S. Food and Drug Administration (“FDA”) outlining the AAFCO...more
The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business....more
Several states have made attempts to provide the animal production industry protection against unlawful interference by enacting so-called Ag-Gag laws. A wave of litigation is challenging these laws as unconstitutional,...more
Dairy is the latest round of kitchen staples to suffer from viral diagnoses. In a first, the H5N1 virus, commonly referred to as the bird flu, is rapidly spreading through US cattle herds. The virus has already been detected...more
On Jan. 1, 2024, California’s Proposition 12 (Prop 12) went into full effect, requiring certain farm owners, operators and distributors of covered farm animals such as egg-laying hens, commercial breeding pigs and veal calves...more
The winding path of Ag Gag legislation in Iowa has become significantly straighter in 2024. First, in January, the U.S. Court of Appeals for the Eighth Circuit reversed lower court rulings that blocked Iowa state laws seeking...more
On September 28, 2023, US EPA announced its final review and approval of the Maumee River Watershed Nutrient Total Maximum Daily Load (Maumee TMDL), which Ohio EPA submitted for approval on June 30, 2023. In issuing its...more
Would FDA testing of feedlots for bacteria promote safer vegetables? Would it decrease the availability of and increase price of meat? You might ask, what do feedlots have to do with vegetables? Concentrated Animal Feeding...more
The U.S. Environmental Protection Agency (EPA) recently published a letter in response to a petition filed by several environmental groups requesting that EPA revise Clean Water Act (CWA) regulations for concentrated animal...more
The Supreme Court issued 58 opinions in the October 2022 Term. Rulings in several cases will affect the practice of regulatory and administrative law either directly or indirectly, as is recounted below. Before the Court...more
The USDA Food Safety and Inspection Service (FSIS) recently announced a multi-step effort to strengthen oversight of animal-raising claims. Animal-raising claims are voluntary marketing claims about meat and poultry...more
New York’s Legislature is considering two bills concerning horse slaughter. This legislation is of interest to anyone practicing equine law. Equine law is an area of law governing horse transactions and horse-related torts,...more
A state court has issued an order staying enforcement of California’s Proposition 12 for noncompliant pork in the supply chain as of July 1, 2023, permitting it to be sold through in California until December 31, 2023....more
On June 14, 2023, the U.S. Department of Agriculture (“USDA”) announced that it was implementing a multi-step effort to strengthen the substantiation of animal-raising claims. Animal-raising claims are voluntary marketing...more
In a major decision with widespread impact, the United States Supreme Court upheld California Proposition 12. ...more
The dormant Commerce Clause is one of the oldest constitutional doctrines, dating to the early 1800s. The Commerce Clause of the Constitution gives Congress the authority to regulate interstate commerce, and the dormant...more
The Supreme Court issued a decision on May 11, 2023, upholding California’s Proposition 12 against a challenge under the U.S. Constitution’s Dormant Commerce Clause. Proposition 12 is a ballot initiative passed by the state’s...more
On August 18, 2022, a multistate coalition of AGs, led by Illinois AG Kwame Raoul and Michigan AG Dana Nessel, filed an amicus brief in the United States Supreme Court case National Pork Producers Council v. Ross, arguing...more
The United States District Court for the District of Massachusetts has entered a stay in a lawsuit challenging Massachusetts’s Question 3 as it applies to whole pork meat, in light of a pending a Supreme Court case regarding...more