News & Analysis as of

Food Supply

Federal Court Strikes Down EPA Farm Exemption Reporting Rule

by Barley Snyder on

Farms formerly exempt from certain federal, environmental reporting regulations now will have to go through the reporting process after a federal court decision earlier this month erased the Environmental Protection Agency...more

High Time for the Supreme Court to Review Ascertainability in Class Actions

by Pepper Hamilton LLP on

The U.S. Court of Appeals for the Ninth Circuit recently upheld certification of a class of retail purchasers of Wesson-brand cooking oil in a false advertising case, despite the fact that almost all class members will never...more

Update On Efforts To Protect The U.S. Food Supply From Agroterrorism

by Fox Rothschild LLP on

The recent horrific attacks in Syria reminded me of the concerns following 9/11 about potential attacks on livestock and poultry. Those concerns rose to the highest echelon in our government and others, exemplified by the...more

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

Food Fight: Two Sides to Every Chicken Filler Story

by Lewitt Hackman on

The Canadian Broadcasting Corporation (CBC) recently aired a segment reporting that real chicken content in Subway sandwiches amounted to a lot less than what the average consumer would expect. The network commissioned DNA...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

Brexit: What's on the Menu for UK's Food Operators?

by Hogan Lovells on

With so much focus on sectors such as financial services, it is easy to forget that the impact of Brexit on the UK's food industry could also be significant. From trading and supply chain implications, potential issues in...more

Food for Thought: A Review of 2016 Litigation

by Carlton Fields on

Food for Thought is a review of significant court decisions affecting the food, beverage, dietary supplements and personal care products industry. Although many cases in this edition focus on class certification, others...more

Food contact goods and the FSVP: Deciphering the FDA’s stance

by Thompson Coburn LLP on

The last 18 months have seen a flurry of regulatory activity as the FDA has finalized and begun enforcing a number of new regulations based on the Food Safety Modernization Act (FSMA). Among these regulatory schemes is the...more

Third Circuit Affirms Rescission of $25 Million Contaminated Products Policy

by Carlton Fields on

In H.J. Heinz Co. v. Starr Surplus Lines Ins. Co., No. 16-1447 (3d Cir. Jan. 11, 2017), the Third Circuit affirmed a District Court’s order allowing insurer Starr Surplus Lines Insurance Company (“Starr”) to rescind a $25...more

Final Rule Affecting Organic Livestock and Poultry Producers Put on Hold

by Barley Snyder on

As Barley Snyder follows the evolution of the Organic Livestock and Poultry Practices Final Rule, the Agricultural Marketing Service of the USDA recently announced the effective date of the rule has been delayed to May 19 --...more

Managing a Dairy in Crisis: A Lender’s Guide

by Varnum LLP on

Managing a failing dairy is always a challenge for agricultural lenders. The complexity of large dairies, the nature of the collateral (live animals and perishable feeds), and the tight margins that exist when milk prices...more

Clearing up Standards to Earn Government’s “Organic” Seal

by Barley Snyder on

Federal officials believe a new rule will increase consumer confidence in the government’s “organic” seal and allow for more uniform enforcement of standards concerning organic products. The Organic Livestock and Poultry...more

The Obama Administration Eases Sanctions Against Sudan

by Hogan Lovells on

On January 13, 2017, the White House, the U.S. Department of Treasury ’s Office of Foreign Assets Control (OFAC) , and the U.S. Department of Commerce ’s Bureau of Industry and Security (BIS) announced a host of policy...more

Boletín Mensual de Comercio Internacional: Diciembre - Información con Énfasis en la Regulación Comercial y el Arbitraje...

by Holland & Knight LLP on

Durante el mes de diciembre destacan los siguientes temas: Prácticas Desleales, Competencia Económica, Acceso, Comercio, Aduanero, Propiedad Intelectual, Inversión, Solución de Diferencias, Arbitraje....more

Senator Stabenow Introduces Urban Agriculture Act of 2016

by Varnum LLP on

This fall, U.S. Senator Debbie Stabenow announced plans to introduce the Urban Agriculture Act of 2016, legislation that would support urban farming initiatives and increase access to healthy food. “Urban agriculture is...more

Food for Thought: Ninth Circuit Rejects GMO and Pesticide Bans in Three Hawaii Counties Because State and Federal Laws Preempt the...

by Carlton Fields on

Alika Atay et al v. County of Maui, et al, No. 15-16466 (9th Cir., Nov. 18, 2016) - Hawai’i Papaya Indus. Assn., et al v. County of Hawaii, No. 14-17538 (9th Circ., Nov. 18, 2016) - Robert Ito Farm, Inc., et al. v. County...more

$18 Million Fine Levied for Campaign Finance Violation in Washington State

by Perkins Coie on

On November 3, 2016, a Thurston County Superior Court judge levied an $18 million penalty against a trade association for violations of Washington campaign finance laws. This is believed to be the largest campaign finance...more

When “Organic” is Not “Organic,” Even When the USDA Says It Is

by Barley Snyder on

Producers of agricultural products go to great lengths to achieve the U.S. Department of Agriculture’s “organic” label. Under the USDA’s National Organic Program (NOP), organic certification is a complex time-consuming...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

Safe Food Labeling Act — Less Label Clarity and Less Safety?

While Americans have been bombarded with news of Pokemon sightings, legislation concerning our food safety passed through the House, with barely a whisper from the mainstream media. The House of Representatives submitted...more

In Case You Missed It: Launch Links - May 2016 #5

by WilmerHale on

Some interesting links we found across the web this week: - To start a real economic recovery, look to startups - A strong op-ed in The Hill this week reminded us that startups are job creators whose interests are...more

Does this bug you? When your food crawls...

by FPA Patent Attorneys on

In many countries, the consumption of insects is widely accepted. However in the Western world, edible insects are not a popular feature on many people’s menus or shopping lists – yet. Cricket-chip cookies, Bee-LT...more

Africa Update - February 2016 #2

Leading the News - Burundi - On February 5th, newly elected African Union (AU) Assembly Chairman and President of Chad Idriss Deby appointed a high-level delegation of five African heads of state to negotiate with...more

New Final USDA Rule to Reduce Salmonella and Campylobacter in Poultry

by Barley Snyder on

On February 4, 2016, the U.S. Department of Agriculture (USDA) Food Safety and Inspection Service (FSIS) announced the issuance of its final rule designed to reduce Salmonella and Campylobacter in raw chicken breasts, legs...more

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