Mercy for Animals Releases Undercover Videos Portraying Animal Abuse

On October 29, 2013, undercover videos were released by Mercy for Animals, a part of the Humane Society of the United States, depicting animal abuse on a hog farms. According to Brownfield Ag’s press release, the videos show practices such as using “blunt force trauma” to euthanize piglets. According to a press release by the National Pork Producer’s Council (NPPC), at Pipestone farms, one of the farms depicted in the videos, a veterinarian, who was taken by law enforcement to the farm, determined that there was no inhumane treatment or violations of good production standards. Consequently, no charges were filed against the farm operators. After an internal investigation, Pipestone farms decided to immediately fire the employee involved for not complying with its animal care protocols.

Mercy for Animals has released the videos in a campaign against Wal-Mart.

The First Public Meeting for the 2013 Farm Bill is Scheduled for Today

On October 23, the House and Senate Agriculture Committee announced that the first public meeting for the 2013 Farm Bill conference committee will be held on October 30 at 1:00 p.m. eastern time.  The meeting will be discussing House Resolution 2642.

Click here for a copy of the Press Release.

Click here to watch the live stream of the meeting on the House Agriculture Committee website.

Written by Joseph Negaard - Research Assistant

The Agricultural Law Resource and Reference Center

@PSUAgLawCenter

October 30, 2013

Court Rules Against EPA in Clean Water Act Lawsuit

On October 23, 2013, the United States District Court for the Northern District of West Virginia ruled in favor of plaintiffs American Farm Bureau Federation (AFBF) and Lois Alt, a poultry producer, over the U.S. Environmental Protection Agency (EPA) in a Clean Water Act suit. The EPA claimed that runoff from Ms. Alt’s ventilation-fan in her farmyard was being carried by rainwater to a nearby “navigable water/water of the United States,” giving the EPA jurisdiction to require Ms. Alt to obtain a permit for the runoff. The judge disagreed, however, and enjoined the EPA from requiring Ms. Alt to obtain a Clean Water Act National Pollutant Discharge Elimination System permit. The court stated that the “agricultural storm water discharge exemption” in the Clean Water Act exempts the runoff (dust, feathers, and litter) from the farmyard area outside Ms. Alt’s barn’s exhaust system from EPA jurisdiction. The judge stated that the farmyard area is not the “production area” of Ms. Alt’s concentrated animal feeding operation (CAFO), and therefore Ms. Alt does not need to obtain a permit for the runoff because it is within the exemption.

For more information, please see the court’s opinion on AFBF’s website.

Written by Sarah L. Doyle - Research Assistant

The Agricultural Law Resource and Reference Center

@PSUAgLawCenter

October 28, 2013

Kauai Limits Use of Pesticides on Genetically Modified Crops

Legislators on the Hawaiian island of Kauai approved have approved a bill that would restrict the use of pesticides by companies developing genetically modified crops on the island.  The Kauai County Council voted 6-to-1 to pass the bill on October 16^th after a hearing that lasted a day and a half.

The island has become a popular place for growing new varieties of corn and other genetically modified crops for the production of seeds due to its warm weather allowing for three corn harvests a year.  DuPont Pioneer, Sygenta, Dow, and BASF all grow corn on the island.

The bill would establish no-spray zones around schools, medical facilities, homes, public roads, and waterways.  It would also require seed companies to disclose which pesticides they use.  The original bill would have also limited genetically modified crop planting, but those provisions were eventually removed from the bill after seed companies argued that the original bill would have forced them off the island.  Seed companies also threatened to challenge the original bill in court.

The text of the original bill can be found here.  The New York Times article reporting the bill approval can be found here.

Written by Alyssa Looney – Research Assistant

The Agricultural Law Resource and Reference Center

@PSUAgLawCenter

October 25, 2013

BPI Lawsuit Against ABC News Over “Pink Slime” to Proceed in December

The Beef Products Inc. (BPI) suit against ABC News will proceed with oral arguments on December 17, 2013 in South Dakota state court. The suit resulted from network’s use of the term “pink slime” to describe Lean Finely Textured Beef (LFTB), a beef product made by BPI. BPI brings the claim under South Dakota’s defamation and food disparagement laws, arguing that ABC misled consumers to believe that LFTB is unhealthy and unsafe, resulting in the closure of three of four BPI plants and layoffs of over 700 employees. BPI is seeking 1.2 billion dollars in damages. ABC is arguing that it did not knowingly disparage BPI or LFTB.

In June of 2013, the case was remanded from federal court to state court, where the suit was originally filed in October of 2012.

For more information about the ongoing lawsuit, please see Justia.com.

Written by Sarah L. Doyle - Research Assistant

The Agricultural Law Resource and Reference Center

@PSUAgLawCenter

October 24, 2013

Dairylea Announces Proposal to Merge with Dairy Farmers of America

The Board of Directors at Dairylea Cooperative, Inc., a dairy cooperative with more than 1,200 members across the Northeast, voted to merge with Dairy Farmers of America (DFA) and its more than 8,000 member farms.  The Board presented the proposal to its members at Dairylea’s Annual Meeting on October 16.  Members will be asked to vote on the approval of the proposal at a special meeting in February 2014.

Dairylea’s Board of Directors spent the last three years examining how to best position its members for the future.  This involved organizing the “2020 Group,” a committee formed in 2010 to solicit member input on how to generate more value beyond the traditional cooperative structure.  According to the DFA press release, one of those options involved looking at creating market opportunities with investments in processing.

Dairylea has been a member cooperative of DFA since 2002.  According to the press release, the proposed merger will be beneficial to both parties.  It will provide Dairylea members access to growing national and international milk markets, ongoing patronage dividends, tax benefits, and other opportunities.  It will also provide DFA members with long-standing customer relationships in the Northeast marketplace, enhanced Farm Services, and expanded access to capital to facilitate strategic growth.

Six seats will be added to DFA’s Board of Directors to represent the expanded membership in the Northeast, and DFA’s Northeast Area Council will continue its local governance in a structure similar to that of Dairylea.

Before the February 2014 vote, a series of informational sessions will be held to provide Dairylea members with more information on the merger and the voting process as well as to allow Dairylea members to ask questions.

The DFA press release can be found here.  Please visit the DFA website and Dairylea website for more information on the cooperatives.

Written by Alyssa Looney – Research Assistant

The Agricultural Law Resource and Reference Center

@PSUAgLawCenter

October 23, 2013

The State of Pennsylvania Issues New Rules Governing Chronic Wasting Disease Herd Certification Program

On October 9, the Pennsylvania Department of Agriculture issued an order of General Quarantine for the entire Commonwealth of Pennsylvania.  The order applies to “All persons or businesses that own or maintain[captive]elk, white-tailed deer, moose, mule deer, black-tailed deer, sika deer, red deer or hybrid” within Pennsylvania.  These individuals will have to enroll in either the Herd Certification Program or the Herd Monitoring Program.

Click here to read a copy of the order. 

Written by Joseph Negaard - Research Assistant

The Agricultural Law Resource and Reference Center

@PSUAgLawCenter

October 22, 2013

PA House Proposes Bill for the Mandatory Labeling of Genetically Engineered Foods

On October 17, 2013, the PA House referred a bill proposing mandatory labeling of foods that have been entirely or partially genetically engineered to the committee on Agriculture and Rural Affairs. The label would include the words, “Produced with Genetic Engineering.” If the bill (HB 1770) is reported out of the Ag and Rural Affairs committee, it will be considered by the entire House of Representatives.

For more information on GMO Labeling, please see the Penn State Agricultural Law Center’s Current Issues/GMO Labeling webpage.

For a list of states with genetically modified food labeling initiatives, see the Center for Food Safety website on State Labeling Initiatives. 

Written by Sarah L. Doyle - Research Assistant

The Agricultural Law Resource and Reference Center

@PSUAgLawCenter

October 21, 2013

Washington State Sues Grocery Manufacturers Association Over Campaign Against GMO Labeling

On October 16, the Washington State Attorney General Bob Ferguson filed suit in Thurston County Superior Court alleging that the Grocery Manufacturers Association (GMA) violated the state’s campaign disclosure laws.  The AG alleges that GMA did not disclose its contributors to the more than $7 million it collected and spent in opposition to Initiative 522 which would require the labeling of genetically engineered foods, seeds, and seed products in Washington.

The complaint specifically alleges that GMA violated disclosure laws by “1) soliciting and receiving contributions and making expenditures to oppose Initiative 522 without properly registering and reporting as a political committee, 2) failing to identify a treasurer for the political committee, 3) failing to identify a depository for funds collected by the political committee, and 4) concealing the true source of the contributions received and made by Defendant GMA.”  The state is asking for the court to compel GMA to adhere to state disclosure laws and seeking civil damages.

The Grocery Manufacturers Association is a trade association based in Washington, D.C. representing more than 300 food, beverage, and consumer product manufacturers, distributors, retailers and more.

Initiative 522 is set to be voted upon by the public on November 5.

The complaint can be found here.  The full text of Ballot Initiative Measure No. 522 is available on the Washington State website.  For further information on GMA, please visit their website.

Written by Alyssa Looney – Research Assistant

The Agricultural Law Resource and Reference Center

@PSUAgLawCenter

October 18, 2013

Several FSMA Proposed Rule Comment Periods to Close in November

There are several comment periods set to close in November for proposed rules under the FDA Food Safety Modernization Act:

      ·        Current Good Manufacturing Practice and Hazard Analysis and Risk-Based Preventive Controls for Human Food- November 15, 2013

      ·        Standards for the Growing, Harvesting, Packing and Holding of Produce for Human Consumption- November 15, 2013

      ·        Accreditation of Third-Party Auditors/Certification Bodies to Conduct Food Safety Audits and to Issue Certifications- November 26, 2013

      ·        The Foreign Supplier Verification Programs for Importers of Food for Humans and Animals- November 26, 2013

To submit a comment to the FDA or for more information on the proposed FSMA rules, please see the FSMA webpage.

Written by Sarah L. Doyle - Research Assistant

The Agricultural Law Resource and Reference Center

@PSUAgLawCenter

October 17, 2013

South Korea Halts Some U.S. Beef Imports

South Korea has suspended some beef imports from the United States after traces of the feed additive zilpaterol was found in a shipment of 22 tons of meat from a JBS USA Swift Beef plant.  Zilpaterol is not approved for use in meat in South Korea.

On August 16, Merck halted sales of Zilmax, which contains the active ingredient zilpaterol, after receiving complaints about ill-effects in cattle; however, Merck did not recall the product, so it is possible that it was used after the suspension.  Studies by FDA and other worldwide regulatory agencies have concluded though that when Zilmax is used according to the label directions, the beef from cattle fed Zilmax is safe to eat and poses no safety threat to humans.

According to media reports, JBS issued a statement saying that it is working with the South Korean and United States governments to address the concern and reiterated that this is not a food safety issue.

The suspension involves just one company, JBS Swift.  From January to September, South Korea imported 75,426 metric tons of U.S. beef, 4,697 tons of which came from Swift Beef.  South Korea may continue to buy beef from U.S. plants to cover the loss of imports from that company.

For further information, see the Brownfield Ag News article covering the issue.

Written by Alyssa Looney – Research Assistant

The Agricultural Law Resource and Reference Center

@PSUAgLawCenter

October 16, 2013

The Committee on World Food Security Examines the Link Between Biofuels and Food Security

On October 11, the Committee on World Food Security (CFS) said biofuel development "should not compromise food security" and that the adequate food supply needs to be a priority for companies engaged in biofuel development.  According to the CFS, sometimes "current biofuel production creates competition between biofuel crops and food crops."  However, CFS called on biofuel researchers to improve the efficiency of biofuels and to devise solutions that will benefit all stakeholders, especially women and farmers in less developed countries.

In addition, CFS stressed the need for further investment in smallholder agriculture, recommending that countries consider how agricultural, urban, and rural policies could enable smallholder access to markets, appropriate training, research, technology and farm support services.

Click here to read the CFS press release.  

Written by Joseph Negaard - Research Assistant

The Agricultural Law Resource and Reference Center

@PSUAgLawCenter

October 15, 2013

U.S. House Names Conferees for House-Senate Conference Committee on the Farm Bill

On October 12, 2013, House Republicans and Democrats named the members who will serve on the House-Senate Conference Committee tasked with resolving the differences between House and Senate farm bills. Seventeen Republicans and twelve Democrats will serve as conferees. The House passed a motion to go to conference with the Senate on Friday, October 18.

For a list of Republicans serving as conferees, please visit the House Farm Bill webpage. For a list of Democrats serving as conferees, please visit the House Committee on Agriculture – Democrats webpage.

Written by Sarah L. Doyle - Research Assistant

The Agricultural Law Resource and Reference Center

@PSUAgLawCenter

October 14, 2013

Washington State to Vote on Mandatory Labeling of Genetically Engineered Food

The State of Washington will vote on Ballot Initiative 522 in November. Ballot Initiative 522, also known as the “Mandatory Labeling of Genetically Engineered Food Measure,” would require the labeling of raw agricultural commodities, processed foods, seeds, and seed stocks that are produced through genetic engineering when offered for retail sale.  Currently, Washington law regulates the safety and quality of food produced and sold within the state. State law does not require any specific labeling of foods produced using genetic engineering.

For the potential fiscal impact if the initiative is passed and arguments for and against the labeling of genetically engineered foods, please see the Washington Secretary of State website.

Written by Sarah L. Doyle - Research Assistant

The Agricultural Law Resource and Reference Center

@PSUAgLawCenter

October 10, 2013

Chesapeake Bay Update: Farm Groups Appeal Chesapeake Bay Ruling

On October 8, the American Farm Bureau Federation and the National Corn Growers Association are among the groups who said they have each filed a notice to appeal the September 13^th federal district court decision which upheld the Environmental Protection Agency’s rights to work with the six states in the 64,000 square foot Chesapeake Bay watershed to regulate runoff.

AFBF, the Pennsylvania Farm Bureau, the Fertilizer Institute, the National Chicken Council, the U.S. Poultry & Egg Association, National Pork Producers Council, National Corn Growers Association, National Turkey Federation, and the National Association of Home Builders originally filed suit in January 2011 in federal district court in Harrisburg, Pennsylvania.  The ruling of Judge Sylvia Rambo gave EPA wide discretion to work on a “pollution diet” saying in her decision that “[t]he EPA is within its rights under the Clean Water Act to partner with the six states in the bay watershed to cut the pollution that pours in from sewers and construction developments, and particularly chemical and biological waste from farms.”

The AFBF press release states that AFBF seeks an appeal “to preserve the primary role of states in setting land use policy and determining how to achieve water quality goals.”  According to AFBF, “the Clean Water Act puts states in the drivers’ seat to determine how farmers, builders, homeowners and towns will share the responsibility of achieving clean water.  EPA’s framework puts EPA in control of these decisions.”

For more information on the appeal, see the AFBF press release.  For more information on the district court ruling, see the District Court Opinion and our September 16 blog post.  Visit the Penn State Agricultural Law Center’s Chesapeake Bay Resource Area for further resources.

Written by Alyssa Looney – Research Assistant

The Agricultural Law Resource and Reference Center

@PSUAgLawCenter

October 9, 2013

The Oregon State Legislature Passes a Bill that Prohibits Counties from Regulating Genetically Engineered Crops

S.B. 863 declares that “regulation of agricultural seed, flower seed, nursery seed and vegetable seed and products of agricultural seed, flower seed, nursery seed and vegetable seed be reserved to the state,” preventing local governments from adopting any of their own GE policies. 

Senate Bill 863 has been passed by the senate and the house but is still waiting to be signed into law by Oregon’s Governor. Governor John Kitzhaber has stated that before he signs the bill into law he wants state officials to map locations of GE crops.  In addition, he wants to implement buffer zones between GE crops and organic crops in the state by 2015. 

To view Senate Bill 863 and additional general information about the bill click here.

To track the continuing activity of the bill click here. 

Written by Joseph Negaard - Research Assistant

The Agricultural Law Resource and Reference Center

@PSUAgLawCenter

October 8, 2013

The American Veterinary Medical Association Releases Statement Regarding Government Shutdown

On October 4, 2013, the American Veterinary Medical Association (AVMA) released a statement on the impacts of the government shutdown. The AVMA states that crucial veterinary programs that ensure the welfare of animals and protect the public from disease are short-staffed or halted. These programs include, but are not limited to:

    ·        the Animal and Plant Health Inspection Service’s (APHIS) Center for Veterinary Biologics, which verifies the safety of animal vaccines before releasing them into the marketplace,

    ·        the APHIS office that conducts inspections of animal facilities like zoos and research facilities,

    ·        Food and Drug Administration programs that inspect dairy and seafood products,

    ·        the Centers for Disease Control and Prevention that monitor foodborne illnesses, and

    ·        USDA National Institute of Food and Agriculture funding for research conducted by veterinarians.

The AVMA implores Congress to rise above the partisan bickering “to do what is right for both Americans and our nation’s livestock and pets.”

For more information, please see the AVMA press release.

Animal Rights Groups File Lawsuit in Federal Court Challenging Utah’s So-Called “Ag-Gag” Statute

People for the Ethical Treatment of Animals (PETA) and the Animal Legal Defense Fund (ALDF), journalists, and college professors joined together to file a lawsuit in Utah District Court challenging the validity of the Utah’s “agricultural operation interference” law on First Amendment and Fourteenth Amendment grounds.

The Utah Law, Utah Code Ann. §76-6-112 makes it a Class A misdemeanor for a person to knowingly or intentionally record an image or sound from an agricultural operation by “leaving a recording device on the agricultural operation” without the consent of the owner.  It also makes it a Class B misdemeanor for a person to obtain access to an agricultural operation under false pretenses; apply for employment on an agricultural operation with the intent to record an image or sound when they know that the owner of the operation prohibits the employee from recording an image or sound of the operation and record an image or sound of the agricultural operation while employed at and present on the agricultural operation; or knowingly or intentionally record an image or sound of an agricultural operation while committing a criminal trespass.  The law was passed by the Utah Legislature in 2012.

The July 22, 2013 complaint says that the Utah law prohibits images and speech that are unfavorable toward the agriculture industry while allowing images and speech that show agriculture in a positive light.  It claims that the law criminalizes protected speech.

For more information on the law suit, see the Globe Gazette article and the Ag & Food Law Blog post.

Written by Alyssa Looney – Research Assistant

The Agricultural Law Resource and Reference Center

@PSUAgLawCenter

October 4, 2013

FDA Revokes Approval of Three Arsenic-Based Animal Drugs

On September 30, the Food and Drug Administration withdrew approvals for three of four animal drugs that contain arsenic. The revocation came after the companies that market the products asked the FDA to withdraw their approval. The FDA denied a Citizen Petition to remove the four arsenic-based animal drugs from the market because the issue became moot after the sponsoring companies requested the removal of three of the drugs in question. The FDA is in the process of completing several scientific studies to help the agency better understand the potential concerns related to the safety of arsenic-based drugs. After these studies, the FDA states that it will initiate proceedings to withdraw the approval of the only remaining arsenic-based animal drug on the market, nitarsone, if there are grounds for its removal.

The arsenic-based drugs that were removed are:
 -  Roxarsone
 -  Arsanilic acid
-  Carbarsone

For more information, please see the FDA Citizen Petition Response.

Written by Sarah L. Doyle - Research Assistant

The Agricultural Law Resource and Reference Center

@PSUAgLawCenter

October 3, 2013

Reid Requests Conference with Senate and House on Agriculture Bills

On October 1, Richard Cox reported on The Hill Blog that Senate Majority Leader Harry Reid (D-Nev.) requested a conference committee between representatives from the House and Senate to resolve their differences over the Farm Bill.

Reid named seven Democrats and five Republicans to the conference, all who serve on the Senate Committee on Agriculture, Nutrition, and Forestry.  The conferees are Senators Debbie Stabenow (D-Mich.), Patrick Leahy (D-Vt.), Tom Harkin (D-Iowa). Max Baucus (D-Mont.), Sherrod Brown (D-Ohio), Amy Klobuchar (D-Minn.), Michael Bennet (D-Colo.), Thad Cochran (R-Miss.), Saxby Chambliss (R-Ga.), Pat Roberts (R-Kan.), John Boozman  (R-Ark.), and John Hoeven (R-N.D.).  House conferees have not yet been decided upon; however, under congressional protocol, Frank Lucas, chairman of the House Agriculture Committee, would preside over the negotiations.

The existing Farm Bill expired on Tuesday, as lawmakers had not reached an agreement on a new bill.  The Senate passed a bipartisan farm bill earlier in the year which would reduce spending by $24 billion, mostly through restructuring farm subsidies into a crop insurance program.  The House passed a similar bill; however, it reduced food assistance by nearly $40 billion and separated food assistance programs from the agriculture policy.

Senate Agriculture Committee Chairwoman Stabenow’s statements on the conference can be found on the Agriculture Committee website.  Richard Cox’s original report can be found on The Hill Blog.  For more information on the Farm Bill, see the Farm Bill section of the Senate Agriculture Committee website and the House Agriculture Committee website, as well as our past blog posts from June 7,  June 11, June 20, and July 12.

Written by Alyssa Looney – Research Assistant

The Agricultural Law Resource and Reference Center

@PSUAgLawCenter

October 1, 2013

Animal Liberation Front releases hundreds of mink from a fur farm in Cambria Township

The Animal Liberation Front (ALF) is claiming responsibility for releasing more than 600 mink at a Cambria Township farm on September 24^th.  The farm raised mink are fully domestic animals that can’t survive in the wild and usually die of dehydration or stress within 24 hours.   90-95% of the mink were recovered within a few hours of their release.  The owner of the farm, a 93 year old gentleman, is devastated by what he describes is an act of terrorism.  The group’s actions are part of a larger “bite back” initiative that is outlined in its “Final Nail” publications.

To Read the full article click here.

To see the ALF website claiming responsibility click here.

To see the Final Nail (the AFL’s how to guide on raiding farms) and their by-state directory of fur farms click here

Written by Joseph Negaard - Research Assistant

The Agricultural Law Resource and Reference Center

@PSUAgLawCenter

September 24, 2013