News & Analysis as of

FSMA Comes Down on the Farm: FDA Finalizes Produce Safety Standards

On Friday, November 13, 2015, the U.S. Food and Drug Administration (FDA) released the prepublication version of its final rule regarding Standards for the Growing, Harvesting, Packing, and Holding of Produce for Human...more

Policyholder Insider Quarterly

Some Words Are More Equal Than Others: BancInsure vs. FDIC - In George Orwell's "Animal Farm", the governing principle that "all animals are equal" was revised by the pigs, who had ascended into power, to "all animals...more

NC Legislative Update for October 2015

This Week - The North Carolina General Assembly has finally ADJOURNED! And they did so just after 4:00 in the morning on Wednesday September 30th, 2015. The close of the nine-month long 2015 session was met with a round...more

Sixth Circuit Takes the Bait: Worm Farm Employees Fit Under FLSA Agricultural Exemption for Overtime

Providing legal scholars nationwide a unique opportunity to opine on worm-farming, the Sixth Circuit Court of Appeals held on Friday, October 2, that farm workers involved in the growing of bait worms are exempt overtime...more

Sixth Circuit Grants Summary Judgment as to Class, Based on FLSA Agriculture Exemption

Is the saying “fish or cut bait” dead? If you are ever in need of sleep, pull out your copy of the U.S. Code and traipse through the exemptions contained in section 13 of the FLSA, 29 U.S.C. § 213. We’re all familiar with the...more


TRUE LEASE V. DISGUISED SECURITY INTEREST - The characterization of a transaction as either a true “lease” or a secured transaction is likely to impact the putative lessor’s rights and remedies both with respect to the...more

EEOC Sues Glaser Organic Farms for Discrimination Based on National Origin and Color

Guatemalan, Mexican Kitchen Employees Subjected to Hostile Work Environment and Retaliation, Federal Agency Charges - MIAMI - Stanley Glaser, dba Glaser Organic Farms in Southwest Miami-Dade County, subjected its kitchen...more

EPA Issues New Rule to Protect Farmworkers from Pesticide Risks

Against a backdrop of higher-profile rules, the Environmental Protection Agency (EPA) unveiled a new Worker Protection Standard (WPS) on September 28 that imposes additional requirements on farm owners to protect farmworkers...more

NC Legislative Update for September 2015 #3

This Week - After passing the State’s biennial budget into law last week, the legislature turned its focus towards adjournment. The Senate unveiled an adjournment resolution which would adjourn the session on Tuesday,...more

Did You Grow Corn in the Past Two Years? You’re Part of a Lawsuit

Corn farmers across the county have collectively filed more than 20,000 lawsuits against Syngenta. In 2010, Syngenta released GMO seed before it was approved by some export markets, most notably China. That GMO corn later...more

California Environmental Law & Policy Update - September 2015 #3

Environmental and Policy Focus - United States, China sign landmark climate change declaration at Los Angeles summit: Courthouse News - Sep 15: U.S. and Chinese leaders on Tuesday signed a landmark declaration on climate...more

FDA Releases Two Final Food Safety Rules: What You Need to Know

Progress on Final Rules implementing the Food Safety Modernization Act (FSMA) took a significant step forward last week when FDA released its first two, comprising the final rules on Current Good Manufacturing Practice and...more

Mandatory GMO Labeling Quashed Under House Bill

In late July, the U.S. House of Representatives passed the Safe and Accurate Food Labeling Act. The controversial legislation, as passed by the House, creates a national voluntary standard for the labeling of foods with GMO...more

Ninth Circuit Invalidates EPA Approval of Controversial Pesticide

In a major victory for beekeepers, the U.S. Court of Appeals for the Ninth Circuit has vacated the EPA’s approval of the pesticide sulfoxaflor, concluding that the approval was based on “flawed and limited data” regarding...more

FDA Finalizes First Two Rules Under FSMA

On September 10, 2015, the U.S. Food and Drug Administration (FDA) finalized its long-anticipated preventive control rules for human and animal food under the Food Safety Modernization Act (FSMA). The Current Good...more

Federal Judge Blocks WOTUS Rule, Michigan Files Separate Suit

The Environmental Protection Agency and Army Corps of Engineers’ “Waters of the United States” Rule (WOTUS) that was supposed to go into effect on August 28, 2015, was blocked when North Dakota U.S. District Judge Ralph...more

Food Safety’s Shifting Paradigm

The recent news that Stewart Parnell, convicted former Peanut Corporation of America CEO, is facing a possible life sentence as a consequence of his role in the nine deaths and hundreds of illnesses caused by PCA’s salmonella...more

GST Reform: Implications for the Real Estate Sector

Goods and Services Tax ("GST") commenced in Australia on 1 July 2000. While there have been some amendments since its introduction, the tax has remained largely unchanged for the past 15 years. In recent weeks there...more

FDA Releases Initial FSMA Final Rules

Today the U.S. Food and Drug Administration released the first two final rules that implement the Food Safety and Modernization Act ("FSMA"). The Preventive Controls for Human Food Rule sets new safety requirements for...more

Under the Dome: Inside the Maine State House

Under the Dome: Inside the Maine State House provides a high-level overview of recent activity at the Maine State House. July State Revenue Over Projection - Due to higher than anticipated revenues generated by...more

Farm Service Agency Announces Start Of BCAP Enrollment

On August 19, 2015, the U.S. Department of Agriculture (USDA) Farm Service Agency (FSA) announced the start of enrollment for financial assistance through the Biomass Crop Assistance Program (BCAP) to assist in growing new...more

And on that farm he had a drone: UAS deployment in precision agriculture

Unmanned aircraft systems (“UAS,” or more commonly, “drones”) have become a valuable agricultural decision-making tool on the 21st Century farm. American farmers increasingly look to the skies to improve their crops and...more

Homebuilders Welcome Recent Court Decisions

Arizona homebuilders will welcome with open arms two recent legal rulings of substantial impact to their industry. In the first decision, on July 28, 2015, in Sullivan v. Pulte Home Corp., No. 1 CA-CV 14-0199, the Arizona...more

Strange Bedfellows: Technology Issues in Real Estate Transactions, Part 1

Technology continues to infuse our homes, businesses, and places of employment. For example, the “Internet of Things” – as it is sometimes called – brings a lot of promise to a wide variety of industries and sectors,...more

California is Flooding with Water…Issues, Lawsuits, Rules and Legislation

We Californians are well aware of the impact of the four-year drought. We have read about town wells drying up like in East Porterville; we have seen the incredibly scary low water marks in lakes and reservoirs; we have heard...more

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