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. Located in Fayetteville, Arkansas the National Agricultural Law Center serves the nation's agricultural community and is a unit of the University of Arkansas System Division of Agriculture.

U.S. Supreme Court Holds Farmer's Effort to Replicate Roundup Ready Soybeans is Patent Infrigement

noreply@blogger.com (Ag and Food Law Blog) — Mon, 13 May 2013 16:07:00 +0000

On Monday, May 13, the United States Supreme Court issued its ruling in Bowman v. Monsanto Co., et al., decision that will reverberate throughout the continued debate over the role of genetically modified organisms in agriculture. The Court ruled unanimously in favor of Monsanto Company, holding that patent exhaustion does not permit Indiana farmer Vernon Bowman and other farmers to reproduce patented seeds through planting and harvesting without the patent holder’s permission. A copy of the ten page slip opinion is available here.

According to a USA Today article covering this story, "[t]he court ruled unanimously that an Indiana farmer violated Monsanto's patent on genetically modified soybeans when he culled some from a grain elevator and used them to replant his own crop in future years."

In its decision, Justice Elena Kegan wrote that:

. . . [I]f simple copying were a protected use, a patent would plummet in value after the first sale of the first item containing the invention. The undiluted patent monopoly, it might be said, would extend not for 20 years (as the Patent Act promises), but for only one transaction. And that would result in less incentive for innovation than Congress wanted. Hence our repeated insistence that exhaustion applies only to the particular item sold, and not to reproductions.

While the decision will have far-reaching implications, Justice Kegan indicated that the decision was limited and not intended to address every situation that involves a self-replicating product. Along these lines, the decision concludes with the following:

Our holding today is limited—addressing the situation before us, rather than every one involving a self-replicating product. We recognize that such inventions are becoming ever more prevalent, complex, and diverse. In another case, the article’s self-replication might occur outside the purchaser’s control. Or it might be a necessary but incidental step in using the item for another purpose. . . . .We need not address here whether or how the doctrine of patent exhaustion would apply in such circumstances. In the case at hand, Bowman planted Monsanto’s patented soybeans solely to make and market replicas of them, thus depriving the company of the reward patent law provides for the sale of each article. Patent exhaustion provides no haven for that conduct. We accordingly affirm the judgment of the Court of Appeals for the Federal Circuit.

Senate Ag Committee to Mark-Up 2013 Farm Bill on May 14

noreply@blogger.com (Ag and Food Law Blog) — Tue, 07 May 2013 16:21:00 +0000

Senator Debbie Stabenow, Chairwoman of the U.S. Senate Committee on Agriculture, Nutrition and Forestry, will convene a meeting of the full Committee for purposes of considering and marking up the 2013 Farm Bill on Tuesday, May 14 at 10 a.m. in the Committee’s hearing room, 328-A of the Russell Senate Office Building.

Due to limited space, all press wishing to attend are required to RSVP, and seats will be reserved in order of response. Additionally, an overflow room will be provided to accommodate those unable to sit in the Committee hearing room. The markup will also be streamed live on the Senate Agriculture Committee website.

To RSVP to attend the mark-up, email ben_becker@ag.senate.gov. The text of the Committee Print of the 2013 Farm Bill is expected to be available to access and download later this week on the Senate Agriculture Committee’s website.

Three States Pass New "Agritourism" Liability Protection Laws

noreply@blogger.com (Ag and Food Law Blog) — Wed, 01 May 2013 19:49:00 +0000

As the legislative sessions for many states are wrapping up, three states have recently passed agritourism statutes designed to reduce help reduce some of the legal liability surrounding so-called “inherent risks” of agritourism operations. Oklahoma, Idaho and Florida have each passed laws that will come in to effect in the coming months. The Florida and Ohio laws are set to become law on July 1, 2013. The Oklahoma law is set to be effective on November 1. Inherent risks are typically defined to include natural conditions of the land, water, wild and domestic animals, farm buildings, equipment, and other risks associated with farming, ranching or forestry. Both statutes are written to cover negligent acts by other participants on the farm.

One interesting difference between the three new agritourism laws is found in their exceptions to the liability protection. The Florida statute states that gross negligence on the part of the agritourism operators will disallow any protection under the new law. However, the Idaho and Oklahoma statutes will disallow protection if the operator or their employees commit any negligent act or omission.

Many states have enacted similar legislation, and there are a number of legal issues associated with agritourism. For a recently updated list of states' agritourism laws, visit the National Agricultural Law Center's State Compilation of Agritourism Statutes. In addition, more legal research and information pertaining to Agritourism is available on the National Agricultural Law Center Agritourism Reading Room.

For questions regarding the legal issues in agritourism, please contact Staff Attorney Rusty Rumley at rrumley@uark.edu.

National Agricultural Law Center Partners with American Agri-Women to Host Ag & Food Law Webinar

noreply@blogger.com (Ag and Food Law Blog) — Fri, 26 Apr 2013 18:29:00 +0000

On Monday, May 6, 2013 at 10 a.m. Mountain/11 Central the National Agricultural Law Center is hosting a webinar in partnership with American Agri-Women, the national coalition of farm, ranch, and agribusiness women's organizations.  There is no charge for the webinar. To sign on to the webinar, click https://connect.extension.iastate.edu/aglaw at or before the webinar start time.

This event is part of the ongoing effort between the National Agricultural Law Center and American Agri-Women to mutually engage in long-term collaboration in providing legal research, information, and outreach activities important to women who own and operate farms, ranches, forests, and agribusinesses as well as their allies throughout the United States. While the primary audience will be women farmers, ranchers, and agribusinesses, the webinar is open to the public.

The goal of the webinar is to discuss the National Agricultural Law Center, its research and information mission, and its resources that are available to the nation's agricultural community. There will also be ample opportunity for question and answers. In addition, the webinar will provide a platform for identifying future research and information activities targeted to women-owned and operated farms, ranches, forests, and agribusinesses.

American Agri-Women officially began November 14, 1974, founded by four state women’s agriculture groups which had formed: Women for the Survival of Agriculture in Michigan; Wisconsin Women for Agriculture; Oregon Women for Agriculture; and the Washington Women for the Survival of Agriculture. Kansas Agri-Women (then United Farm Wives of Kansas) and Illinois Agri-Women (then Illinois Women for Agriculture) joined soon thereafter.

Today, American Agri-Women has 50 state and commodity affiliate organizations as well as individual members throughout the country, representing tens of thousands of women involved in agriculture. Throughout the organization's history, its members have been actively involved and making a difference in legislative and regulatory matters at the local, state, and national levels. American Agri-Women has also been instrumental in student and consumer education about agriculture, having initiated the Agriculture in the Classroom program at the national level and are integrally involved in national and state programs still today. For more information about American Agri-Women, click here.

Now celebrating its 25th Anniversary, the National Agricultural Law Center at the University of Arkansas serves as the nation's leading source of agricultural and food law research and information.   The Center is the only institution of its kind in the nation, serving the nation's vast agricultural community of farmers, extension professionals, agribusinesses, academics, attorneys, state and federal policymakers, and others. Located in Fayetteville, the Center is a unit of the University of Arkansas System Division of Agriculture.

For anyone with questions or seeking additional information, please feel free to contact either Harrison Pittman, Director, National Agricultural Law Center at hmpittm@uark.edu or Karen Yost, President, American Agri-Women at president@americanagriwomen.org.

noreply@blogger.com (Ag and Food Law Blog) — Thu, 04 Apr 2013 19:43:00 +0000

Reuters reports that the Environmental Protection Agency has named thirty-one experts to review an upcoming report on “fracking,” the term used to describe the extraction of natural gas and oil. For a link to the Reuters news story, click here.

For additional background and information on this issue, visit the National Agricultural Law Center website here.

In 2010, Congress requested a study from the EPA on the natural gas and oil extraction method commonly known as fracking. Hydraulic fracking extracts natural gas and oil by sending large volumes of water mixed with chemicals and sand underground to crack rock and free the resources.

According to the Reuters article, critics of fracking are concerned that drilling near schools and homes may pollute water and air. However, others are concerned the study could lead to more regulations and raise operating costs.

In August 2012, the EPA’s scientific advisory board sought public nominations for fracking specialists. The board screened one hundred and forty-four candidates for conflicts of interest and curtailed the list to thirty-one experts. The Reuters article further reported that the panel consists of twenty-one academicians, five company or consulting firm employees and two government employees. The expertise of the panelists includes oil and gas engineering, well drilling, hydrology, geology, groundwater chemistry, toxicology, civil engineering, and waste and drinking water treatment.

According to the article, “EPA Acting Adminstrator Bob Perciasepe said the selection of a range of impartial experts shows the agency, whose foes have accused it of being opaque in its practices, is being open in the report’s procedure.” The article further quotes Perciasepe:

"We have worked to ensure that the study process be open and transparent throughout, and the SAB (scientific advisory board) panel is another example of our approach of openness and scientific rigor."

The panel is scheduled to meet May 7-8, 2013 and will provide feedback regarding the 2012 progress report on the study. The study is expected to be delivered in 2014.

A complete list of the panelists can be found at: http://link.reuters.com/zaq86t

IMPORTANT ANNOUNCEMENT: USDA Extends Deadline for USDA Hispanic and Women Farmers and Ranchers Claims Process to May 1

noreply@blogger.com (Ag and Food Law Blog) — Mon, 25 Mar 2013 16:17:00 +0000

The USDA has extended the filing deadline for the USDA Hispanic and Women Farmers and Ranchers Claims Process to May 1, 2013. In the USDA press release, Agriculture Secretary Tom Vilsack stated:

Hispanic and women farmers who believe they have faced discriminatory practices in the past from the USDA have additional time to file a claim in order to have a chance to receive a cash payment or loan forgiveness. . . . USDA urges potential claimants to contact the Claims Administrator for information and to file their claim packages on or before May 1, 2013.

For more information about the Claims Process, please visit the Claims Administrator website at www.farmerclaims.gov.

Arkansas Rice Farmers' Lawsuit Against Poultry Companies Over Arsenic Dismissed With Prejudice

noreply@blogger.com (Ag and Food Law Blog) — Tue, 05 Mar 2013 22:29:00 +0000

Judge Brian S. Miller, U.S. District Court for the Eastern District of Arkansas, has dismissed with prejudice a lawsuit brought by several rice farmers against several poultry companies, specifically including Tyson Foods, Inc., Simmons Food, Inc., George's Inc., and Peterson Farms, Inc. A Northwest Arkansas Business Journal article regarding the decision is available here. According to the article, the lawsuit alleged, inter alia, that the defendants "'knew or should have known excessive arsenic in chicken litter used as fertilizer on many rice farms in Arkansas would contaminate the entire U.S. rice crop and inflitrate the general U.S. rice supply.'"

The article adds the following:

"We appreciate the court's decision to dismiss this case," Tyson Foods director of public relations Gary Mickelson said in an emailed statement. "As we said last year, this lawsuit is an example of frivolous litigation designed to extract money from companies that have done nothing wrong. None of our chickens are given feed additives containing arsenic."

Monsanto to Appeal Brazilian Ruling on Roundup Ready Patent Ruling

noreply@blogger.com (Ag and Food Law Blog) — Fri, 01 Mar 2013 14:21:00 +0000

Monsanto, Co. has announced its plans to file an appeal of a recent ruling over a patent correction covering its Ready Roundup soybean product, RR1. The ruling was made by a judge of the Brazilian Superior Court of Justice.

In a press release issued in late February, the company announced its consent to relinquish two years of fees for Roundup Ready soybeans for Brazilian farmers “who forgo legal claims in a patent dispute.” According to a Farm Futures article, Todd Rands, Monsanto Legal Director for Latin America, state that “We plan to file an immediate appeal with the Superior Court of Justice and look forward ultimately to presenting our case to the Supreme Court of Brazil at a later date.”

In addition, a Bloomberg article reported that Monsanto’s appeal was denied by the court to extend a patent for RR1, the company’s genetically modified soybean, that expired in 2010. The Bloomberg article also reported that Monsanto would suspend RR1 royalties until the case is resolved.

Merco Press reported, “Monsanto has previously obtained patent protection in Brazil for its first-generation Roundup Ready soybean products.” “In accordance with Brazilian law, Monsanto has sought to correct the term of its patent rights in Brazil to conform to the 2014 patent term granted in the United States."

Farm Futures stated that Monsanto will continue into the next step of the appeals process “to secure its intellectual property rights and ensure its business is not disrupted in the country.”

The Monsanto press release stated the company “remains committed to ongoing dialogue with farmers and their representative groups in order to pave the way for innovation in agriculture, as this is one of the critical paths towards delivering value to Brazil's farmers and its economy and meeting the demands of our growing planet.”

March 6 Webinar on State and Federal Water Law Issues, CLE Credit Available

noreply@blogger.com (Ag and Food Law Blog) — Thu, 28 Feb 2013 15:50:00 +0000

On March 6, from 12-1 p.m. (Central), the Arkansas Bar Association will host a webinar covering state and federal law water issues. The focus of the presentation will be on issues relevant to Arkansas.

In every region of the state, issues involving water law are becoming increasingly important, including but not limited to Fayetteville Shale Development, acquifer issues in eastern Arkansas, and application of federal statutes such as the Clean Water Act. This webinar will provide the basics as well as some in-depth review of key aspects of important state and federal law water issues with which attorneys will want to be acquainted.

To register for the webinar, visit the Arkansas Bar Association website or click here to directly access the registration page.

Topics covered will include an overview of the ongoing Arkansas State Water Plan, critical groundwater area designation, the riparian doctrine in Arkansas and the shift towards a "regulated riparianism" in Arkansas, and related issues.

Presenters will be:

William G. Wright, Jr., Member, Mitchell, Williams, Selig, Gates & Woodyard;
Grant Ballard, Banks Law Firm, PLLC; and
Harrison Pittman, Director, National Agricultural Law Center, University of Arkansas System Division of Agriculture.

Chairwoman Stabenow to Convene Oversight Hearing on Commodity Futures Trading Commission

noreply@blogger.com (Ag and Food Law Blog) — Fri, 15 Feb 2013 22:28:00 +0000

Senator Debbie Stabenow, (D-Mich.), Chairwoman of the U.S. Senate Committee on Agriculture, Nutrition, and Forestry, will convene a Committee hearing, "Oversight of the Commodity Futures Trading Commission", on Wednesday, February 27 at 2:30 p.m. EST. The Committee meeting will be held in Room 328 of the Russell Senate Office Building. The witness list includes Gary Gensler, Chairman of the Commodity Futures Trading Commission.

A live webcast of the meeting will be available at http://ag.senate.gov. Contact person regarding the hearing is Ben Becker, (202) 224-5466/ben_becker@ag.senate.gov.

Chairwoman Stabenow Issues Statement Regarding Sequestration and Elimination of Direct Payment Subsidies

noreply@blogger.com (Ag and Food Law Blog) — Thu, 14 Feb 2013 21:05:00 +0000

Senator Debbie Stabenow, Chairwoman of the U.S. Senate Committee on Agriculture, Nutrition and Forestry, issued the following statement today regarding the announcement by Senate Democratic leadership that agriculture’s direct payment subsidies will be eliminated as part of a larger sequestration package intended to avoid across-the-board spending cuts. The elimination of direct payment subsidies saves $27.5 billion and constitutes the entire non-defense discretionary cuts in the bill.

“The choice facing Congress is to allow drastically irresponsible cuts to hit every part of our budget and cost 750,000 jobs, or to make smart, targeted cuts. Billions in direct payment subsidies are paid out even in good times and for crops farmers aren’t even growing. That’s why an overwhelming bipartisan majority in the Senate voted to eliminate direct payments last year while strengthening support for farmers when they have a loss. Congress needs to come together and cut government waste, rather than cutting job creation, education, and other top priorities.

The released statement adds that, “[o]nce again, it is the Agriculture Committee that is stepping forward with responsible solutions to reduce the deficit.”

Senate Ag Subcommittee Members Named By Chairwoman Stabenow and Ranking Member Cochran

noreply@blogger.com (Ag and Food Law Blog) — Thu, 14 Feb 2013 15:27:00 +0000

The final subcommittee assignments for the Senate Committee on Agriculture, Nutrition, and Forestry have been announced by Chairwoman Stabenow and Ranking Member Cochran.

The subcommittee assignments are as follows:

Subcommittee on Commodities, Markets, Trade and Risk Management

*Democrats*	*Republicans*
Donnelly (Chair)	Chambliss (Ranking Member)
Baucus	Roberts
Heitkamp	Boozman
Harkin	Hoeven
Brown	Johanns
Gillibrand	Cochran (ex officio)
Stabenow (ex officio)

Subcommittee on Jobs, Rural Economic Growth and Energy Innovation

*Democrats*	*Republicans*
Heitkamp (Chair)	Johanns (Ranking Member)
Brown	Hoeven
Klobuchar	Grassley
Bennet	Thune
Donnelly	Boozman
Cowan	Cochran (ex officio)
Stabenow (ex officio)

Subcommittee on Nutrition, Specialty Crops, Food and Agricultural Research

*Democrats*	*Republicans*
Cowan (Chair)	Hoeven (Ranking Member)
Leahy	McConnell
Harkin	Chambliss
Brown	Grassley
Gillibrand	Thune
Bennet	Cochran (ex officio)
Stabenow (ex officio)

Subcommittee on Conservation, Forestry and Natural Resources

*Democrats*	*Republicans*
Bennet (Chair)	Boozman (Ranking Member)
Harkin	McConnell
Klobuchar	Chambliss
Leahy	Thune
Baucus	Roberts
Heitkamp	Cochran (ex officio)
Stabenow (ex officio)

Subcommittee on Livestock, Dairy, Poultry, Marketing and Agriculture Security

*Democrats*	*Republicans*
Gillibrand (Chair)	Roberts (Ranking Member)
Leahy	McConnell
Baucus	Boozman
Klobuchar	Johanns
Donnelly	Grassley
Cowan	Cochran (ex officio)
Stabenow (ex officio)

noreply@blogger.com (Ag and Food Law Blog) — Wed, 13 Feb 2013 22:16:00 +0000

On February 8, U.S. Senators Roger Wicker and Thad Cochran issued a letter stating that catfish producers in Mississippi and other states are being damaged by the U.S. Department of Commerce not putting enough effort into stemming a surplus of imported fish products.

According to Senator Cochran’s website, “Cochran and Wicker have signed a letter to acting Commerce Secretary Rebecca Blank urging her to enforce an antidumping order against frozen fillets from Vietnam.” A copy of the letter is available here.

According to the Mississippi Agricultural and Forestry Experiment Station, “Catfish is the leading aquaculture industry in the United States.” “Commercial catfish production generates over 46 percent of the value of aquaculture production in the United States.”

In 2002, Catfish Farmers of America brought an anti-dumping petition to the U.S. International Trade Commission. The ITC held a unanimous vote to send it on to the U.S. Department of Commerce for further study.

Delta Farm Press reports, “When catfish prices began to dip a few years ago, farmers began looking to improperly labeled Vietnamese imports as the root cause.” Virginia Foot, president of the U.S.-Vietnam Trade Council, says, “I think it's a legitimate question about whether the market was just saturated or if the Vietnamese fish really did make that big of an impact.”

Cochran says the downfall of the American Catfish Industry correlates to Commerce Department efforts that have granted U.S. markets “to be flooded with imported alternatives.”

Wicker says, “The catfish industry is an important part of Mississippi’s economy, and the Commerce Department should use all available tools to prevent unfair imports.” “American producers deserve to compete on a level playing field.”

Senator Cochran’s website also states, “The letter to Blank points out that Vietnamese imports have tripled since 2008 and now account for more than 75 percent of the U.S. market.”

According to United States Department of Agriculture, since 2007, U.S catfish processors have suffered more than a 35 percent drop in pounds of frozen fillets sold. USDA statistics also reveal that since an antidumping tariff was filed, U.S catfish producers’ market share has gone from 80 percent to 20 percent.

In addition to Senators Cochran and Wicker, the letter was also signed by Senators Jeff Sessions (Ala.), Richard Shelby (Ala.), Mark Pryor (Ark.), John Boozman (Ark.), Mary Landrieu (La.) and Mark Vitter (La.).

Concerns Arise Over Whether Sequestration Will Cause USDA To Furlough Meat Inspectors

noreply@blogger.com (Ag and Food Law Blog) — Wed, 13 Feb 2013 16:55:00 +0000

In a February 8 article, Reuters reported on the Obama Administration warning that sequestration cuts currently scheduled for March 1 "may result in furloughing every U.S. meat and poultry inspector for two weeks, causing the meat industry to shut down." The results of such a shutdown could be very significant, especially in light of the fact that meatpackers and processors cannot ship beef, pork, lamb, and poultry meat products without being containing the USDA inspection seal.

According the to the Reuters article:

"There is not much we can do when Congress says to every line item by a certain percent," Vilsack said. He said employee pay accounted for the bulk of spending at the meat safety agency."

In addition, the article highlights a White House statement that "USDA's Food Safety and Inspection Service may have to furlough all employees for approximately two weeks".

American Meat Institute (AMI) President J. Patrick Boyle responded to these statements, asserting that the USDA has a legal obligation to continue meat inspection even in the event of sequestration. In his letter to USDA Secretary Vilsack, Boyle stated:

The American Meat Institute is aware of comments made by you and the United States Department of Agriculture (Department) regarding the impact that sequestration, should it go into effect, could have on the federally inspected meat and poultry industry. We agree with the assessment that furloughing inspectors would have a profound, indeed devastating, effect on meat and poultry companies, their employees, and consumers, not to mention the producers who raise the cattle, hogs, lamb, and poultry processed in those facilities.

AMI respectfully disagrees with the Department's assertion that, in the event of sequestration, the furloughs referenced are necessary and legal. The Federal Meat Inspection Act and the Poultry Products Inspection Act (the Acts) impose many obligations on the inspected industry, which we strive to meet. Those Acts, also however, impose an obligation on the Department -- to provide inspection services.

The National Chicken Council and a coalition of 37 other organizations have also expressed similar concerns. A copy of the letter sent by NCC and the 37 organizations is available here.

Chairwoman Stabenow to Convene Hearing on Weather Disasters, Effects on Agriculture, Economy

noreply@blogger.com (Ag and Food Law Blog) — Tue, 12 Feb 2013 15:42:00 +0000

Senator Debbie Stabenow (D-Mich.), Chairwoman of the U.S. Senate Committee on Agriculture, Nutrition, and Forestry, will convene a Committee hearing on Thursday, February 14 at 9:30 (EST). The hearing will be held in Room 328 of the Russell Senate Office Building. However, a live webcast of the hearing can be viewed on the Committee's website at http://ag.senate.gov.

The hearing, "Drought, Fire and Freeze: The Economics of Disasters for America's Agricultural Producers", will feature testimony from Dr. Joe Glauber, Chief Economist at USDA and Dr. Roger Pulwarty, Director of the National Integrated Drought Information System at the National Oceanic and Atmospheric Administration.

Additional witnesses include:

Dr. Leon LaSalle, a rancher from Havre, Montana;
Ms. Anngie Steinbarger, a farmer from Edinburgh, Indiana;
Mr. Jeff Send, a cherry farmer from Leelanau, Michigan; and
Mr. Ben Ben Steffen, farmer, Steffen Ag., Inc., from Humboldt, Nebraska.

For additional information regarding the February 14 hearing, contact Ben Becker at (202) 224-5466 or ben_becker@ag.senate.gov.

Study Examines Consumer Demand For Organic Cotton Apparel

noreply@blogger.com (Ag and Food Law Blog) — Tue, 12 Feb 2013 14:54:00 +0000

A Washington State University research pilot study examined whether or not consumers are willing to pay extra for organic cotton apparel.

Western Farm Press reported, “As consumers become increasingly conscious of how their purchases influence labor practices and use natural resources, some make product choices that show concern for people and the planet.”

This was one of the first pilots to “use a type of experimental auction methodology to evoke the true price a person will pay for a product.”

Joan Ellis, associate professor of Apparel, Merchandising, Design and Textiles at WSU, says, “If the consumer is not willing to pay, then everything upstream - the growing, processing, distribution and selling - has no ramifications.”

By sampling two large university classes, the pilot revealed, “Students who believe organics are of a higher quality were willing to pay more for both organic and conventional cotton t-shirts.”

Eliis says, “The pilot study’s traction definitely shows an interest in consumer behavior and marketing implications for organic apparel.”

O. A. Cleveland, Jr., Mississippi State University Extension economics professor emeritus, says, “The same conditions that took the cotton market to its highs in late January remain in place.”

Delta Farm Press also reports, “U.S. organic cotton growers enjoy healthy demand for their products, largely due to the positive, long-term relationship with buyers.”

According to a 2010-2011 report conducted by the Organic Trade Association (OTA), the U.S. organic cotton market will continue to grow if “encouraged by consumer demand, price premiums, and regulatory shifts that will ease marketing restrictions for organic cotton products."

For more information regarding the National Organic Program, visit the National Agricultural Law Center National Organic Program Reading Room here.

USDA Releases January Inventory Numbers for Cattle

noreply@blogger.com (Ag and Food Law Blog) — Sun, 10 Feb 2013 20:31:00 +0000

Recently, the United States Department of Agriculture released the January inventory numbers for cattle.

According to the report, “All the cattle and calves in the United States, as of January 1, totaled 89.3 million head.” This is the lowest January 1 cattle and calve inventory since 1952.

Northern Ag Network reports that this is “2 percent below the 90.8 Million on January 1 last year.” According to Bloomberg.com, inventory fell to the lowest in 60 years “after a drought in the South scorched pastures, prompting ranchers to shrink herds.”

Chad Henderson, a market analyst at Prime Agricultural Consultants, Inc., stated in a phone interview, “We had one of the biggest droughts in Texas this past year.” “Guys have been ripping up pasture and planting crops. It’ll take years for this thing to build back up,” said Henderson.

The USDA also reported that the total number of calves born in 2011 fell 1.1 percent. Ron Plain, live economist at the University of Missouri at Columbia, said “Fewer calves being born means ultimately fewer cattle will be slaughtered.”

“That means the tight beef supply is going to get tighter as we go through 2013 and 2014,” said Plain.

In a January 25 report, the USDA claimed that “consumers may pay as much as 5 percent more for beef this year, the biggest increase in all the food groups except for seafood."

Drovers Cattle Network reported that a consistent raise in beef prices could ultimately jeopardize domestic and international demand for U.S. beef, ending up with a “lost market share to other proteins or other beef exporters.”

Attorneys Sought for USDA Hispanic and Women Farmers and Ranchers Claims Process

noreply@blogger.com (Ag and Food Law Blog) — Tue, 22 Jan 2013 22:10:00 +0000

Farmers Legal Action Group, Inc. (FLAG) and the National Agricultural Law Center (NALC) are assisting in the development of a legal assistance network of attorneys to assist claimants in the completion of the official Claims Form for the USDA Hispanic and Women Farmers and Ranchers Claims Process. The Legal Assistance Network listing will be widely available, including being listed on the National Agricultural Law Center website here so that claimants and others can easily access the information and make contact.

For background information on the USDA HWFRCP, please see the information below and/or visit the official Claims Process website at www.farmerclaims.gov. For an attorney to be listed in the Legal Assistance Network, he or she must provide via email to nataglaw@uark.edu three items of information:

(1) a statement from the attorney that he or she has viewed the attorney training video, which is available upon request made to nataglaw@uark.edu;

(2) a statement indicating the state(s) in which the attorney is licensed to practice along with the corresponding bar number(s) for those states; and

(3) appropriate contact information. Once this information is received, the attorney's name, contact information, and state(s) in which he or she is licensed to practice will be included on the legal assistance network list published on the National Agricultural Law Center website.

Once listed in the network an attorney can be removed at any time upon request.

If you are an attorney interested in being listed in the Legal Assistance Network, please send an email to nataglaw@uark.edu that indicates the state(s) in which you are licensed to practice along with the corresponding bar number(s) for those states, along with a request for a copy of the training video.

Senator Harry Reid Re-Introduces Senate Farm Bill

noreply@blogger.com (Ag and Food Law Blog) — Tue, 22 Jan 2013 19:35:00 +0000

On the first day of the 113th Congress, Senate Majority Leader Harry Reid (D-Nevada) reintroduced the version of the Farm Bill the Senate passed on June 21, 2012, S. 3240. Full text of S.3240 available here. For an Agri-Pulse news item on this important development, click here. Senator Debbie Stabenow (D-Michigan), Chairwoman of the Senate Committee on Agriculture, Nutrition, and Forestry has indicated that she will convene a Committee mark up as soon as possible, the product of which could then be substituted for Senator Reid's placeholder bill.

According to the Agri-Pulse article:

“I applaud Sen. Reid’s leadership and commitment to getting a five-year farm bill done to provide certainty to the 16 million Americans working in agriculture,” Stabenow said. “Last year we were able to pass a farm bill with overwhelming bipartisan support, saving more than $23 billion in taxpayer money and reforming farm bill programs to be more cost-effective and market-oriented. Unfortunately, the House didn’t bring the farm bill to the floor.”

An email press release from the Senate Agriculture Committee ("Chairwoman Stabenow Applauds Majority Leader Reid for Making Farm Bill a Top Priority: Reid Introduces Senate-Passed Farm Bill on First Day of New Congress, Reinforces Commitment to Agriculture Jobs and Deficit Reduction"), states that "Chairwoman Stabenow has said she is committed to convening a Committee mark up as soon as possible, to produce an updated version of the Farm Bill, which could then be substituted for Majority Leader Reid's placeholder bill."

Chairman Lucas Affirms Direct Payments Will Remain in Place Under 2008 Farm Bill Extension

noreply@blogger.com (Ag and Food Law Blog) — Thu, 17 Jan 2013 22:53:00 +0000

USA Rice Daily reports that House Agriculture Committee Chairman Frank Lucas, Republican of Oklahoma, has affirmed in a written statement that direct payments would remain for the 2013 crop year under the recent extension of the 2008 Farm Bill. According to the release, available here:

House Agriculture Committee Chairman Frank Lucas (R-OK) yesterday assured farmers in a statement that "the existing safety net was extended a year to provide the certainty producers need for the 2013 crop year. This is the law of the land." Informa Economics reported the statement, which also called for an end to "the guessing game about farm policy for the 2013 crop year, especially with respect to direct payments."

In addition, the Chairman's statement indicates that "I fully expect sign-up for the 2013 crop year -- including direct payments -- to begin as soon as possible. . . ." The statement is available here.

For an excellent resource relevant to the current extension of the 2008 Farm Bill, see Expiration and Possible Extension of the 2008 Farm Bill (Cong. Res. Serv. November 1, 2012). Although the article was written prior to enactment of the American Taxpayer Relief Act of 2012, it remains very instructive in assessing the parameters of the current Farm Bill extension.

February 21: Food Labeling Webinar

noreply@blogger.com (Ag and Food Law Blog) — Thu, 17 Jan 2013 21:26:00 +0000

On Thursday, February 21 from 12 p.m. to 1:30 EST, Steptoe & Johnson LLP is sponsoring a complimentary webinar titled Food Labeling: What You Can Say, What You Must Say, and How to Defend It. Panelists will include:

Jason Levin, Partner, Los Angeles

Ralph Simmons, and Partner, Washington

Dr. Mitch Cheeseman, Managing Director, Washington.

Continuing Legal Education credit for the webinar is pending in Arizona, California, Illinois, New York, and Virginia. For additional information, including registration information, click here.

Topics for discussion will include:

US requirements for labeling and health-related claims for food;
Themes from recent food labeling and advertising litigation and how to identify the next trend;
Defending economic injury claims in consumer class actions; and
The risks of labeling and advertising content: everything you say (and don’t say) can be used against you in court.

Applicants Sought for Center for Agriculture and Food Systems Fellowship

noreply@blogger.com (Ag and Food Law Blog) — Thu, 17 Jan 2013 20:31:00 +0000

The Center for Agriculture andFood Systems (CAFS) at the Vermont Law School is inviting eligible candidates to apply for a two-year Fellow position from August 2013 through July 2015. The fellowship combines the opportunity to obtain an LLM degree in Environmental Law from one of the leading environmental law programs in the nation with the opportunity to work in the cutting edge field of Agriculture and Food Law with experienced environmental, agriculture, and food law practitioners and students in a setting focused on promoting sustainable agriculture and food systems. The fellowship includes a full tuition waiver, provides a $30,000 stipend, and diverse, marketable experience in teaching, curriculum development, advocacy work.

Center for Agriculture and Food Systems

The Center for Agriculture and Food Systems has a dual mission:

(1) To train the next generation of sustainable food and agriculture law and policy advocates and practitioners in support of robust local and regional food systems; and

(2) To develop legal tools, disseminate information, and advocate for sustainable agriculture and food systems.

For more information about the Center for Agriculture and Food Systems, please click here:

LL.M in Environmental Law

The LLM in Environmental Law degree is designed for a select group of post-JD candidates seeking to specialize in the practice of environmental law, or pursue careers in teaching, research, or public policy. Candidates include recent law school graduates and practicing lawyers who wish to develop an environmental law specialty. The cornerstone of the LLM program is the Graduate Seminar. A minimum of 30 academic credits are required to complete the program. For the CAFS Fellow,this 30 credit program is spread over two years. Vermont Law School's environmental law curriculum includes more than 50 courses in environmental law, policy, science, and ethics. For more information about the LLM program, please click here.

Description of the CAFS Fellow Position

In addition to pursuing the LLM degree, the CAFS Fellow will work part-time (at least 20 hours per week) on CAFS projects. The Fellow will work closely with the CAFS Director on both aspects of the Center’s mission. The Fellow will work with and mentor students. The Fellow will also work with clients (farmers, government, and non-profits) to develop legal tools and trainings such as legislative proposals, legal and policy analysis, template agreements, and famer and producer workshops. The Fellow's responsibilities will include,but are not limited to:

• Working with and supervising student clinicians to provide legal assistance to help farmers, producers, and NGOs, including developingtemplate legal instruments for food production, distribution, and marketing; legislative and regulatory analysis and reform proposals; developing and conducting training and workshops on legal issues impacting farmers andfood producers;

• Engaging in outreach to the food and agriculture community, including representing CAFS at food and agriculture events;

• Assisting the Director in identifying grant opportunities and drafting grants to accomplish projects of the Center; and

• Assisting in the development of innovative legal and policy ideas for promoting sustainable agriculture regional and local food systems.

The Fellow may also develop and teach a sustainable agriculture law course.

Summary of CAFS Fellow Qualifications

• JD from an ABA accredited law school

• Minimum of two years of relevant legal experience, including experience practicing agricultural or environmental law is preferred

• Strong legal research and writing, interpersonal, and communications skills

• Demonstrated commitment to sustainable agriculture and local/regional food systems, including work in food and agriculture settings is preferred

• Admission to the LLM in Environmental Law program at Vermont Law School (application for LLM admission can occur concurrently with application for CAFS Fellow)

• Admission to Vermont Bar (can be obtained within first year of CAFS Fellow position)

How to Apply

Applicants interested in the CAFS LLM Fellowship mustsubmit the LLM application to the Vermont Law School admissions office by March 1. In addition to the materials required for the LLM applications, applicants must submit a brief statement (not longer than one single-spaced page) explaining the applicant's interest in the fellowship. Decisions on the CAFS LLM Fellowship will be made by May 1.

For questions about the Center for Agriculture and Food Systems LLM Fellowship, please contact Laurie Ristino, Director of the Center at lristino@vermontlaw.edu.

For general admissions questions, please contact the admissions office at admiss@vermontlaw.edu.

Crop Insurance Payment Payouts Hit All-Time Record, Could Hit $20 Billion

noreply@blogger.com (Ag and Food Law Blog) — Wed, 16 Jan 2013 22:55:00 +0000

Reuters reports that federal crop insurance payments to U.S. producers for 2012 have hit a new record. According to the article, payments for 2012 total $11.6 billion and could grow even higher. The high amount in crop insurance payments are due in large measure to the drought conditions that existed throughout much of the U.S., including in the crop insurance-heavy Midwestern states. Regardless of the final tally, the $11.6 billion surpasses the previous payment record of $10.8 billion established in 2011. According to the article:

Crop insurers have paid a record $11.6 billion to U.S. growers in compensation for losses due largely to widespread drought in 2012, the first money-losing year for the industry in a decade, the government said on Tuesday.

In addition, the article indicates that "some analysts expect indemnities to reach $20 billion this year, nearly double the old record of $10.84 billion that was paid last year for the 2011 crop."

While crop insurance has been available and widely used for decades, it has emerged as a key risk management tool for many producers and many policymakers believe it should play a larger role in managing risk in the future. Federal crop insurance featured prominently in the farm bill debate and proposals throughout 2012 and will continue to be a focus in ongoing farm bill debate in both chambers of Congress.

For more information regarding federal crop insurance, visit the National Agricultural Law Center Crop Insurance Reading Room, here, as well as the Center's collection of Congressional Research Service Reports here. In addition, Center Research Consultant Grant Ballard has published articles on federal crop insurance, including Crop Insurance Arbitration: What is Arbitration, When is it Required, and How Does it Work?; The Federal Crop Insurance Program: Administration, Structure, and Operation; and Filing a Crop Insurance Claim: An Overview for Producers.

Attorneys Sought Nationwide To Assist Claimants in USDA Hispanic and Women Farmers and Ranchers Claims Process

noreply@blogger.com (Ag and Food Law Blog) — Tue, 15 Jan 2013 22:04:00 +0000

Farmers Legal Action Group, Inc. (FLAG) and the National Agricultural Law Center (NALC) are assisting in the development of a legal assistance network of attorneys to assist claimants in the completion of the official Claims Form for the USDA Hispanic and Women Farmers and Ranchers Claims Process. The Legal Assistance Network listing will be widely available, including being listed on the National Agricultural Law Center website here so that claimants and others can easily access the information and make contact. For background information on the USDA HWFRCP, please see the information below and/or visit the official Claims Process website at www.farmerclaims.gov.

Please note, however, that a claimant is not required to be assisted by an attorney in order to complete and submit the official USDA HWFRCP Claim Form. In addition, the attorney need not be listed in the legal assistance network in order to assist a claimant.

For an attorney to be listed in the Legal Assistance Network, he or she must provide via email to nataglaw@uark.edut three items of information:

(1) a statement from the attorney that he or she has viewed the attorney training video, which is available upon request made to nataglaw@uark.edu;

(2) a statement indicating the state(s) in which the attorney is licensed to practice along with the corresponding bar number(s) for those states; and

Once listed in the network an attorney can be removed at any time upon request.

The Farmers Legal Action Group, Inc. and the National Agricultural Law Center will also be available to respond to your questions regarding the Claims Form and the USDA Loan and Loan Servicing Programs that may arise while you are providing assistance to potential claimants. You may contact contact either with your questions by email at HWFRCP@flaginc.org or nataglaw@uark.edu, or by phone to Lynn Hayes at (651) 223-5400 or Harrison Pittman at (479) 575-7640.

USDA HWFRCP Background Information:

The United States Government has established a Claims Process to make available up to $1.33 billion or more to farmers who alleged discrimination by the U.S. Department of Agriculture (USDA) based on being female, or based on being Hispanic, in making or servicing farm loans during certain periods between 1981 and 2000. Claimants who qualify and who submit a timely claim could receive an award of up to $50,000 or up to $250,000 in cash, depending on the evidence submitted. USDA will also provide a total of up to $160 million in debt relief to successful Claimants who currently owe USDA money for eligible farm loans. In addition, successful Claimants may also receive an additional amount, equal to 25% of the combined cash award plus the principal amount of debt relief, to help pay federal taxes that may be owed.