The United States Agricultural & Food Law and Policy Blog

Welcome to the U.S. Agricultural & Food Law and Policy Blog

noreply@blogger.com (jmirusdesigns) — Sun, 06 Jan 2019 16:11:00 +0000

A comprehensive news, research, and information resource for the nation’s agricultural community.

Provided as a partnership of the National Agricultural Law Center, the nation’s leading source of agricultural and food law research and information, and the American Agricultural Law Association, the only national professional organization focusing on the legal needs of the agricultural community.

Upcoming Forestry Workshops

noreply@blogger.com (Ag and Food Law Blog) — Mon, 13 Feb 2012 23:28:00 +0000

The National Agricultural Law Center, along with the University of Arkansas Cooperative Extension Service and the LSU AgCenter are hosting a series of three workshops dealing with legal, marketing, and business issues that affect forest landowners. Topics discussed at the conference will include wildlife management, insurance, leasing contracts, landowner liability, and agritourism.

The first workshop is February 24th in Hope, Arkansas at the Southwest Research & Extension Center. The second workshop will be March 16th in Shreveport, Louisiana. The third and final Workshop will occur on April 13th in Monticello, AR.

Workshop presenters will include:

• Dr. Tamara Walkingstick, Arkansas Forest Resources Center Associate Center Director;
• Dr. Becky McPeake, Associate Professor and Extension Specialist, Arkansas Cooperative Extension Service;
• Dora Ann Hatch, State-wide Coordinator for Agritourism, LSU AgCenter;
• Rusty Rumley, Staff Attorney, National Agricultural Law Center; and
• Elizabeth Rumley, Staff Attorney, National Agricultural Law Center.

The workshops will be held from 9am – 4pm, with registration beginning at 8:30am. A registration fee of $20 per person/ $30 per couple will cover lunch and will not be due until the morning of the workshop. For more information on any aspect of the conference or to pre-register, contact Rusty Rumley at (479) 575-2636, or via email at rrumley@uark.edu.

The workshops are conducted pursuant to a grant titled, “Managing Legal Risk for Alternative Uses of Forestland”, awarded through the Southern Risk Management Education Center.

Department of Labor To Re-Propose Child Farmworker Rules

noreply@blogger.com (Ag and Food Law Blog) — Sat, 04 Feb 2012 17:49:00 +0000

Agri-Pulse reports that Department of Labor will “re-propose the parental exception” of the Notice of Proposed Rulemaking. For full Agri-Pulse story, click here. According to the article, “[m]embers of Congress, farm owners, and other agricultural representatives” have raised concerns about the proposed rules for children working on farms owned by their parents.

Child safety while handling farm equipment is the main argument from supporters of the proposal. However, the article reports concerns raised by a representative of National Future Farmers of America that “[t]he proposed rules would severely limit or eliminate opportunities to participate in the experiential learning aspects of our program.” Currently, students in vocational training are exempt from labor standards, but the proposed rules would limit children less than 16 years of age.

The article also reported that “While I am pleased by the DOL’s announcement . . . that it was going to resubmit the parental exemption portion of the NPRM, other provisions of this rule will make it difficult, if not impossible, for youths interested in agriculture to access comprehensive on-farm education and employment opportunities,” said Subcommittee on Agriculture, Energy and Trade Chairman Scott Tipton (R-Colo.). “Farming is a profession learned by doing and there is no substitute for actual on-farm or ranch experience.”

According to the Agri-Pulse article, [r]epresentatives from the Labor Department argue that the rules are a long overdue attempt to modernize rules last updated in the 1970’s. When the new regulations were first proposed last fall, Labor Secretary Hilda Solis described children working in agriculture as “some of the most vulnerable workers in America.”

For more information about federal and state laws, regulations, and policy about agricultural labor, please visit the National Agricultural Law Center Agricultural Labor Reading Room. Also, please visit the National Agricultural Law Center online, free-of-charge database of agricultural and food Congressional Research Service Reports, specifically including the Farm Labor reports.

FDA: Illegal Fungicide in Orange Juice Samples

noreply@blogger.com (Ag and Food Law Blog) — Fri, 03 Feb 2012 23:29:00 +0000

The Associated Press announced that the FDA has confirmed the presence of an illegal fungicide in domestic orange juice samples, but that the juice remains safe to drink. “The FDA said that nine of 14 samples taken from large holding tanks of juice in Florida tested positive at up to 36 parts per billion. The Environmental Protection Agency has said studies show no risks of consuming the chemical at up to 80 parts per billion and true levels of danger are probably thousands of times higher.”

The use of carbendazim is illegal in the U.S., but “the juice tested was mixed with product from Brazil, where the fungicide carbendazim is used” to combat mold on orange trees. “Though the EPA says the juice is safe, the FDA is still detaining any orange juice imports that contain the chemical at more than 10 parts per billion, which is the lowest detectable level. The agency has detained almost a quarter of 86 orange juice shipments at the border since the first of the year, hoping to phase the carbendazim out of the U.S. supply.”

“The government started testing for the chemical after Atlanta-based Coca-Cola, which owns juice brands Minute Maid and Simply Orange, reported finding the chemical in its own juice and in competing juices late last year. Most orange juice products made by Coke and other companies contain a blend of juice from different sources, including Brazil, which is the world's
largest orange producer.”

Gates Foundation Calls for More Ag Research Funding

noreply@blogger.com (Ag and Food Law Blog) — Fri, 03 Feb 2012 22:56:00 +0000

Western Farm Press reports that, in the annual priorities outlined by the Bill and Melinda Gates Foundation, Gates expressed interest in the lack of funding for agricultural research and innovation. The Foundation was concerned with projected increase in world population and the lack of prioritization that is being given to research.

The Foundation will be contributing $2 billion to agricultural research. Of particular interest to Gates is research on Ug99, a stem rust that devastates wheat crops and is a threat to the most populous parts of the world. Of the $3 billion a year spent on researching the seven most important crops (one of which is wheat), “$1.5 billion comes from countries’ public funds, $1.2 billion from private companies and $300 million from international research organization CGIAR.”

The decrease in funding for agricultural research “is a particular worry for the wheat industry, which is disproportionally dependent on public-sector research dollars that have decreased in recent years because of squeezed state and federal budgets.”

GIPSA Releases Final Rule

noreply@blogger.com (Ag and Food Law Blog) — Thu, 08 Dec 2011 20:46:00 +0000

Today, the Grain Inspection Packers and Stockyards Administration (GIPSA) released the final version of the rules they first proposed last summer. The proposed rule is available here, while the final rule is available here. A discussion about the provisions that were left out of the final rule is available here.

For the provisions that were left out, USDA-GIPSA originally planned

to seek additional public comment on several other revised provisions from the June 22, 2010 proposed rule including changes to the tournament system of payment for poultry growers, requirements to collect and post sample contracts and to address the issue of need for producers to show harm to competition prior to asserting a violation of the Packer and Stockyards Act. However, the FY2012 Agriculture Appropriations bill passed by Congress included language prohibiting the Department from moving forward on these important provisions.

GIPSA Press Release

The final rule will become effective 60 days after its publication in the Federal Register (it is scheduled to be published on 12/9/11).

During the comment period last year, the National Agricultural Law Center presented a series of workshops for producers that discussed the proposed rules. To access the handouts and powerpoint from those workshops, please click here

Recall Expanded - Frozen Oysters Imported from Korea

noreply@blogger.com (Ag and Food Law Blog) — Sat, 26 Nov 2011 03:17:00 +0000

According to a FDA press release, "FDA is expanding its warning to include additional frozen oyster products from Korea. These products have been linked to norovirus cases in Washington state. In a November 4, 2011 release FDA notified the public of the recall of one lot, C-110223, packed by Central Fisheries Co. Ltd."

For more information, click here.

Posted 11/25/2011

GIPSA Settle Cases Resulting in $17,160 in Civil Penalties

noreply@blogger.com (Ag and Food Law Blog) — Sat, 26 Nov 2011 02:56:00 +0000

Last week, the U.S. Department of Agriculture's Grain Inspection, Packers and Stockyards Administration (GIPSA) announced settlements resulting in $17,160 in civil penalties.

AMVC Management Services, LLC, Audubon, Iowa - agreed to pay a penalty of $4,000 after GIPSA found that in their swine production contracts they did not disclose the grower's right to cancel the contract, including the method and dealing for cancellation, and contain an "Addition Capital Investments Disclosure Statement."

Oak Lake Cattle Co., Inc., I.E. Bryd, President, Okeechobee, Fla. - agreed to pay a penalty of $825 after GIPSA found that they failed to timely pay, when due, for livestock purchases.

Barney M. Gibson, Statesville, N.C. - agreed to pay a penalty of $2,585 after GIPSA found that he failed to timely pay, when due, for livestock purchases.

Shannon Davis, Winnsboro Livestock Commission, Inc., dba Winnsboro Livestock & Dairy Auction, Winnsboro, Texas - agreed to pay a penalty of $2,000 after GIPSA found that they operated as a market agency selling livestock on commission with shortages in the market's Custodial Account for Shippers Proceeds on two occasions in April of 2010.

Randall Reynolds, dba Geneva-Berne Salebarn, Geneva, Ind. - agreed to pay a penalty of $2,500 after GIPSA found that he charged a per head fee and changed the price per pound when buying cattle on a carcass basis.

Holden Farms, Inc., New Ulm, Minn. - agreed to pay a penalty of $2,500 after GIPSA found that they failed to comply with contractual requirements.

Randy R. Wientjes, dba Brookport Cattle Co., Metropolis, Ill. - agreed to pay a penalty of $2,000 after GIPSA found that he failed to pay, when due, for livestock purchases on 14 occasions and failed to maintain all sales invoices and adequate records to trace livestock from purchase to sale.

Decker's Livestock, Inc., Milford, Ill. - agreed to pay a penalty of $750 after GIPSA found that they used unfair and captive tariff practices.

For more information, click here.

Posted 11/25/2010

U.S. and China Conclude 22nd Session of the Joint Commission on Commerce and Trade

noreply@blogger.com (Ag and Food Law Blog) — Tue, 22 Nov 2011 15:04:00 +0000

Yesterday marked the conclusion of the 22nd session of the U.S. - China Joint Commission on Commerce and Trade (JCCT) in Chengdu, China. U.S. Secretary of Commerce John Bryson and United States Trade Representative Ron Kirk co-chaired the JCCT along with Chinese Vice Premier Wang Qishan. U.S. Secretary of Agriculture Tom Vilsack also participated in the discussions.

Ambassador Kirk stated that, "The JCCT gives us a mechanism to address the toughest issues in out trade relationship, and we must judge it by out ability to make concrete progress. We have reached agreement on a number of important outcomes, though we had hoped to accomplish even more. In our discussions with our Chinese counterparts, we spoke frankly about the need to redouble our efforts going forward."

For more information, click here.

Posted 11/22/2011

New Study Shows Reform of Current U.S. Sugar Policy Would Help Consumers

noreply@blogger.com (Ag and Food Law Blog) — Mon, 21 Nov 2011 13:28:00 +0000

A news release last week from the Coalition for Sugar Reform stated that, "Reforming federal sugar subsidies can save American consumers up to $3.5 billion and generate 20,000 new jobs each year, a new study by Iowa State University researchers has found."

"The study shows that in the absence of current sugar policies, food industry jobs would increase as production ad exports of sugar-containing products grow, and as imports of such products from other countries decline."

"This study clearly shows the impact of the high costs of the current sugar policy, but also tells us about the potential for consumers, small businesses and workers to benefit from a better policy," said Larry Graham, President of the National Confectioners Association and Chairman of the Coalition for Sugar Reform. "The report should caution Congress against any last-minute attempts to extend the current sugar program without the opportunity to debate changes."

For more information, click here.

Posted 11/21/2011

National Cotton Council Welcomes Farm Bill Proposal

noreply@blogger.com (Ag and Food Law Blog) — Mon, 21 Nov 2011 13:22:00 +0000

A news release from the National Cotton Council last week stated that, "The National Cotton Council commends the House and Senate Agriculture Committees for their diligent efforts in crafting a farm policy recommendation that is being delivered to the Joint Select Committee on Deficit Reduction. Although full details are not yet available, the current proposal includes a new crop insurance program for upland cotton. The program, know as the Stacked Income Protection Plan (STAX), is based on NCC recommendations."

NCC Chairman Charles Parker stated that, "The Agriculture Committees have crafted a responsible set of farm programs that meets the target for deficit reduction and maintains vital safety nets for production agriculture."

For more information, click here.

Posted 11/21/2011

Rep. Tipton discussed how the Senate's failure to pass H.R. 872 is unleashing regulatory blitz

noreply@blogger.com (Ag and Food Law Blog) — Mon, 21 Nov 2011 05:15:00 +0000

Last week, during The Ag Minute, Rep. Scott Tipton discussed how the Senate's failure to pass H.R. 872 is unleashing a new regulatory blitz on farmers, ranchers, and small businesses. H.R. 872, is the Reducing Regulatory Burdens Act.

Rep. Tipton stated that, "As a member of both the House Agriculture and Small Business Committees, I frequently hear concerns from many family farmers and ranchers who are facing a mountain of onerous new federal regulations. All told, this administration has forced businesses to pay almost $273 million in compliance costs for new regulations."

"Our nation's farmers are expected to continue increasing food production to feed a growing population, but unnecessary regulations that place increased burdens on American agriculture can make production more costly and challenging."

For more information, click here.

Posted 11/20/2011

USDA Announces Improvements to Risk Assessment and Rulemaking Process

noreply@blogger.com (Ag and Food Law Blog) — Mon, 21 Nov 2011 03:31:00 +0000

The USDA announced in a press release that, "The U.S. Department of Agriculture's (USDA) Animal and Plant Health Inspection Service (APHIS) today announced plans to dramatically streamline and improve several programmatic processes, including the Agency's processes for conducting risk assessments and rulemaking. Last week, Agriculture Secretary Tom Vilsack highlighted improvements to a host of USDA programs and processes, including to the risk assessments and rulemaking process, being made to help farmers, ranchers and businesses continue to drive America's productive agricultural economy."

"APHIS reviewed its risk assessment and rulemaking processes in response to trading partners' requests to ship new plants, animals and products to the United States. APHIS found that by streamlining the drafting and risk assessments, improving project management and tracking, and assigning deadlines to specific steps in the process, the agency can expect to see dramatic improvements, including time-saving of more than 70 percent."

For more information, click here.
Posted 11/20/2011

Secretary Vilsack Announces Funding to Improve Access to Health Care in Rural Areas

noreply@blogger.com (Ag and Food Law Blog) — Mon, 21 Nov 2011 03:23:00 +0000

Last week, Secretary Tom Vilsack announced funding to establish telemedicine and other health care projects to address unmet health care needs in the Delta region.

Vilsack stated in a press release that, "Today's funding can help improve the health of rural residents who live in the south central portion of the country. These projects can provide care to patients currently receiving no care at all and hopefully reduce the incidence of stroke, mental illness, and other health disorders in rural regions."

For more information, click here.

Posted 11/20/2011

Smucker's peanut butter recalled

noreply@blogger.com (Ag and Food Law Blog) — Fri, 18 Nov 2011 04:29:00 +0000

The J.M. Smucker Company announced today that it is voluntarily recalling certain 16-ounce jars of peanut butter over concerns about salmonella contamination.

According to a company press release, "No illnesses related to this issue have been reported and the product is being recalled out of an abundance of caution for consumer safety."

The company is specifically recalling 16-ounce jars of "Smucker's Natural Peanut Butter Chunky," sold between November 8 and 17.

For more information, click here.

Posted 11/17/2011

USDA Seeks Comments on Revisions to Marketing Order for Tart Cherries

noreply@blogger.com (Ag and Food Law Blog) — Fri, 18 Nov 2011 04:04:00 +0000

The U.S. Department of Agriculture is accepting comments on a proposed rule to amend the federal marketing order regulating tart cherries grown in Michigan, New York, Pennsylvania, Oregon, Utah, Washington and Wisconsin. The decision was published in the November 9, 2001, Federal Register.

The proposed rule would revise the:

Term "handle" within the order, so that the acquisition of grower diversion certificates is not considered handling.

Marketing policy provisions of the order so that grower-diverted cherries are not counted as production in the volume control formula.

Grower diversion privilege provisions of the order so that grower diverted cherries are not treated as actual harvested cherries.

For more information, click here.
Posted 11/17/2011

USDA Announces Funding to Convert Biomass to Energy

noreply@blogger.com (Ag and Food Law Blog) — Fri, 18 Nov 2011 03:57:00 +0000

Today, Deputy Agriculture Undersecretary for Rural Development Doug O'Brien announced that USDA is funding a series of projects to convert biomass to energy through USDA's Rural Energy for America Program (REAP).

O'Brien stated that, "The Obama Administration is assisting cooperatives, small businesses, farmers and ranchers, as they work to reduce their energy costs. When energy costs are reduced, American rural businesses become more competitive, allowing them to expand and create jobs."

For more information, click here.

Posted 11/17/2011

California upholds recall of raw milk products

noreply@blogger.com (Ag and Food Law Blog) — Thu, 17 Nov 2011 04:19:00 +0000

California state officials upheld a recall and quarantine of raw milk products from a California dairy after three children were sent to hospitals with E.coli poisoning in the nation's latest outbreak related to the unpasteurized product.

The dairy sells 2,400 gallons of raw milk a day in California and does not ship any milk products to other states.

The ruling came at a hearing by the California Department of Food and Agriculture after the owner of Organic Pastures Dairy Co. appealed for the recall to be lifted.

For more information, click here.

Posted 11/16/2011

Vilsack Announces Investments in International Market Development to Help Sustain Demand for American Agriculture

noreply@blogger.com (Ag and Food Law Blog) — Thu, 17 Nov 2011 04:10:00 +0000

Today, Agriculture Secretary Vilsack announced that the U.S. Department of Agriculture (USDA) is investing in approximately 70 U.S. agricultural organizations to help expand commercial export markets for their goods.

Vilsack stated that, "Under the Obama Administration, USDA has continued to expand markets for American goods abroad, worked aggressively to break down barriers to trade, and assisted U.S. businesses with the resources needed to reach consumers around the world. The funding announced today will ensure that U.S. agriculture remains a bright spot in America's economy and a driving force behind export growth, job creation, and our nation's competitiveness."

For more information, click here.

Posted 11/16/2011

Chairman Baucus comments on Japan's announcement to begin consultations

noreply@blogger.com (Ag and Food Law Blog) — Wed, 16 Nov 2011 17:56:00 +0000

Monday, a news release from the Senate Finance Committee stated that, "Senate Finance Committee Chairman Max Baucus (D-Mont.) commented following Japan's announcement that it wishes to begin consultations to participate in the Trans-Pacific Partnership negotiations.

Chairman Baucus stated that, "Today's announcement by Japan that it wishes to begin consultations on participating in the Trans-Pacific Partnership negotiations represents the first step in a process that we hope will achieve a new level of openness in Japan and the resolution of long-standing trade concerns, particularly in the area of agriculture goods like beef. U.S. ranchers and farmers produce world-class beef and agricultural products that are 100 percent safe, so Japan needs to eliminate the unscientific and unjustified barriers to our exports."

For more information, click here.

Posted 11/16/2011

Klobuchar Sponsors Legislation Supporting Beginning Farmers and Ranchers

noreply@blogger.com (Ag and Food Law Blog) — Wed, 16 Nov 2011 17:33:00 +0000

This week, U.S. Senator Amy Klobuchar (D-MN) sponsored legislation to extend, improve and strengthen programs at the U.S. Department of Agriculture (USDA) that have proven successful in helping beginning farmers and ranchers continue, start and build family farming and ranching operations. The Beginning Farmers and Ranchers Act, introduced by Senator Tom Harkin (D-IA), would help beginning farmers and ranchers obtain education and training, necessary financial resources and credit, assistance for practicing sound conservation in their operations, and adequate income insurance and risk management.

For more information, click here.

Posted 11/16/2011

Commodity Groups Call for Balanced and Equitable Farm Bill

noreply@blogger.com (Ag and Food Law Blog) — Wed, 16 Nov 2011 17:25:00 +0000

A new release posted at the National Cotton Council Online stated that, "Commodity groups representing cotton, rice, peanuts and grain sorghum are urging the development of a farm bill that maintains equity among all of U.S. agriculture."

NCC Chairman Charles Parker stated that, "The leadership of these commodity organizations is pleased with efforts by the Agriculture Committees to craft a responsible set of farm programs that maintains balance and ensures that deficit reduction is equitably shared across commodities and regions. All of us in agriculture need to work together to achieve the best possible policy. Policy must be crafted to recognize differences in costs of production and avoid the disproportionate impacts of a one-size-fits-all policy."

For more information, click here.

Posted 11/16/2011

USDA reports "locally grown" food a $4.8 billion business

noreply@blogger.com (Ag and Food Law Blog) — Wed, 16 Nov 2011 05:11:00 +0000

A new U.S. Department of Agriculture report says sales of "local foods," whether sold direct to consumers at farmers markets or through intermediaries such as grocers or restaurants, amounted to $4.8 billion in 2008. That's a number several times greater than earlier estimates, and the department predicts locally grown foods will generate $7 billion in sales this year.

For more information, click here.

Posted 11/15/2011

Vilsack Announces Funding to Expand and Improve Broadband Services in Rural Areas

noreply@blogger.com (Ag and Food Law Blog) — Wed, 16 Nov 2011 04:53:00 +0000

Yesterday, Agriculture Secretary Tom Vilsack announced funding for telephone utilities to build, expand and improve broadband in their rural service territories across 15 states.

Vilsack stated that, "Today's funding will provide residents of these rural communities with high speed internet connections to improve healthcare and educational opportunities and connect to global markets. In addition to providing much needed services to rural businesses and residents, these investments will increase jobs, not just in the near term, but through expanded opportunities in rural areas."

For more information, click here.

Posted 11/15/2011

USDA reminds producers of disaster program deadlines

noreply@blogger.com (Ag and Food Law Blog) — Sat, 12 Nov 2011 03:56:00 +0000

USDA reminds eligible ranchers and livestock producers who had livestock losses or grazing losses during the 2011 crop year that the deadline for applying for benefits under the Livestock Forage Disaster Program (LFP) and the Emergency Assistance for Livestock, Honeybees and Farm-Raised Fish Program (ELAP) is Jan. 30, 2012.

LFP provides payments to eligible livestock producers who have suffered livestock grazing losses due to qualifying drought or fire that occurred before Oct. 1, 2011. The National Drought Monitor index of drought level severity qualifies a county for producer eligibility. Fire losses apply only to federally managed rangeland. Eligible livestock under LFP included beef cattle, alpacas, buffalo, beefalo, dairy cattle, elk, emus, equine, goats, llamas, poultry, reindeer, sheep and swine.

ELAP provides emergency assistance to eligible producers of livestock, honeybees and farm-raised fish who have losses due to disease, adverse weather or other conditions, including losses due to blizzards and wildfires that occurred before Oct. 1, 2011. ELAP assistance is for losses not covered under other disaster assistance programs established by the 2008 Farm Bill.

For more information, click here.

Posted 11/11/2011