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Agriculture Updates

Read Agriculture Law updates, alerts, news, and legal analysis from leading lawyers and law firms:

Food and Beverage Law Update: February 2018

by Holland & Knight LLP on

Deceptive Trade Practices - Meat Exporter Had No Duty Under FCA to Pay for Beef Inspection - In United States ex rel. Barrick v. Parker-Migliorini Int'l, LLC, 878 F. 3d 1224 (10th Cir. 2017), the court affirmed...more

The Future of GMOs in the UK Post-Brexit

Following the United Kingdom triggering its formal exit from the European Union, negotiations regarding the details of the exit and the following transition period have begun. As one could expect, this negotiation process has...more

Ag-Gag Law Update

by Husch Blackwell LLP on

On January 16, 2018, we updated our blogging on so-called “ag-gag” laws – statutes designed to prevent undercover recording of unlawful practices on farms and processing centers. ...more

Will Brexit remove the "black spot" in the UK-South Africa citrus fruit trade?

by Hogan Lovells on

The EU trade deals with South Africa in respect of agricultural products have contained some barriers to trade. There have been non-tariff barriers to trade in the market of citrus fruits, including oranges, mandarins, lemons...more

Third Circuit Says “Umbrella Damages” Bar Does Not Preclude Antitrust Standing Where Product Is Partly Comprised of Materials Not...

In a case of first impression, the Third Circuit recently held in In re Processed Egg Products Antitrust Litigation, No. 16-3795, 2018 U.S. App. LEXIS 2698 (3d Cir. Jan. 22, 2018), that a direct purchaser of a product,...more

Environmental Protection Agency Streamlines Pesticide Residue Chemistry Data Requirements for Seed Treatment Uses

by Beveridge & Diamond PC on

On January 26, the U.S. Environmental Protection Agency (EPA) announced reduced residue chemistry data requirements for many seed-treatment pesticide uses. The new guidance introduces important changes to EPA policy and...more

The Plant Naming Conundrum … Protecting Your Plant Varieties in the Short and Long Term

Development of a new plant cultivar or varietal often requires substantial research and development. These costs can be recovered, however, if a breeder is able to successfully market, sell and/or license the resulting...more

Australian Government Tries to "Level the Playing Field" for Purchases of Agricultural Land

by Jones Day on

On 1 February 2018, the Treasurer of Australia announced that going forward, foreign persons seeking approval for the acquisition of Australian agricultural land will, in the absence of exceptional circumstances, need to...more

Food & Ag Weekly Round-Up: February 2018 #1

by Husch Blackwell LLP on

The Business Insider discussed McDonald’s focus on chicken. USAgNet discussed a study on the impacts of air pollution on behavior....more

FY 2019 Administration Budget Request

by Holland & Knight LLP on

President Donald Trump on February 12, 2018, submitted his budget request to Congress for Fiscal Year (FY) 2019. The President's full budget calls for approximately $4.4 trillion in total spending. Much of the budget seeks...more

C&H Hog Farms, Inc. (Newton County, Arkansas): Ozark Society, Inc. Intervention in Arkansas Pollution Control and Ecology...

The Ozark Society, Inc. and three individuals filed a January 26th Motion to Intervene and Request for Hearing (“Motion”) in C&H Hog Farms, Inc. (“C&H”) Request for Adjudicatory Hearing and Commission Review...more

South Carolina Surface Water Withdrawal Act: State Supreme Court Addresses Constitutional Challenge

The Supreme Court of South Carolina considered the constitutionality of the registration provisions of its Surface Water Withdrawal Act (“Act”). See Jowers v. South Carolina Dept. of Health and Environmental Control, 2017 WL...more

Selling Your Winery? 7 Issues to Consider Before Putting Your Winery on the Market

Having decided to sell your winery, you have hired a broker or adviser to help you market the property, circulated marketing materials to prospective buyers, and invited those buyers to submit an expression of interest....more

Food & Beverage Litigation Update | February 2018 #2

The U.S. Food and Drug Administration (FDA) is soliciting public comment on whether the agency should continue to collect information about foodborne illnesses in restaurants. The proposal would extend studies of risk...more

Third Circuit Holds Food Manufacturers Have Standing to Seek Damages From Egg Suppliers

Last week, in In re: Processed Egg Products Antitrust Litigation, the U.S. Court of Appeals for the Third Circuit issued a decision holding that purchasers of processed egg products have standing to seek damages from egg...more

New York is Proposing Changes to its Alcohol Licensing Rules

by Hodgson Russ LLP on

As part of the Governor’s Budget Proposal, several changes are proposed for Alcohol Producers and sellers....more

Alberta Innovates, Silvacom Launch BRIMS To Support Alberta’s Bioeconomy

On January 25, 2018, Alberta Innovates announced the launch of the Bio-Resource Information Management System (BRIMS), which was developed in conjunction with Silvacom Ltd. BRIMS is a publicly available data and information...more

USDA Cancels Farm-To-Fleet Biofuel Program

On February 1, 2018, the U.S. Department of Agriculture’s (USDA) Commodity Credit Corporation (CCC) announced in the Federal Register that it has withdrawn support for the Farm-to-Fleet Biofuel Production Incentive (BPI)...more

Section 9003 Biorefinery and Renewable Chemical Loan Program Gains Momentum - USDA Program Proves to Be Viable Commercialization...

by Holland & Knight LLP on

• The U.S. Department of Agriculture's 9003 Biorefinery, Renewable Chemical, and Biobased Product Manufacturing Assistance Program (Section 9003 Program) had an unprecedented year in 2017, issuing numerous conditional...more

C&H Hog Farms, Inc. Permit Denial/Regulation 5 Issues: Arkansas Governor Hutchinson Meets with State Agricultural Leaders

The Arkansas Agricultural Department (“AAD”) issued a February 1st news release noting that Governor Hutchinson and Arkansas Agriculture Secretary Wes Ward met with State Agricultural Leaders to discuss the Regulation 5...more

European Commission Publishes Guidance on Brexit and UK Food Exports

by Hogan Lovells on

On 1 February 2018, the European Commission issued a notice on the impact of Brexit for food products originating from the UK. The Commission confirmed that, in the absence of a transitional agreement, the UK will become a...more

D.C. Circuit Delays Emissions Reporting Requirements For Farmers Until May 1, 2018

by Husch Blackwell LLP on

On February 1, 2018, the U.S. Court of Appeals for the D. C. Circuit issued a stay delaying the implementation of a rule that will require farmers to estimate and report emissions from animal waste. Farmers will now have...more

Food & Beverage Litigation Update | February 2018

Cooke Aquaculture Fined $332,000 For Puget Sound Salmon Pen Collapse - The Washington Department of Ecology has reportedly fined Cooke Aquaculture $332,000 for violations of state water quality laws related to a net pen...more

NBB Announces New Report On Biodiesel Benefits

On January 22, 2018, the National Biodiesel Board (NBB) announced that a new study on lifecycle energy and greenhouse gas (GHG) emission effects of biodiesel updates and reaffirms the benefits of using the renewable fuel. ...more

In Case You Missed It – PACA Trust Rights in Bankruptcy are Just Plain Old Secured Claims

by Bryan Cave on

Happy 2018! We at The Bankruptcy Cave have been itching to write about the Cherry Growers Chapter 11 case – which really is ground-breaking – but the holidays, life, and yes, work for clients too, all just got in the way. ...more

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