Written by M. Sean High – Staff Attorney
The following information is an update of recent,
local, state, national, and international legal developments relevant to
agriculture:
Litigation:
Court Rejects Contract Grower Claims against Pilgrim’s Pride
On April 22, 2016, the United States District Court,
E.D. Texas, Marshall Division granted summary judgement and dismissed claims
brought by more than 200 poultry growers alleging that Pilgrim’s Pride Corporation
(PPC) violated the Packers and Stockyards Act (PSA) by closing two processing facilities
(Sheila Adams, et al, v. Pilgrim’s Pride
Corp., 2016 WL 1615700). The court
disagreed with the poultry growers’ assertion that PPC’s facility closures had
violated PSA through an attempt to increase prices by keeping as much chicken
off the market as possible.
GMO
Ingredients: Court Permits Chipotle Advertisement Lawsuit to Move Forward
On April 20, 2016, the United States District Court
Southern District of Florida ruled that a class action lawsuit, alleging that Chipotle
Mexican Grill, Inc. (Chipotle) “misrepresented to customers that its food
products contain only non-GMO products,” may proceed (Reilly v. Chipotle Mexican Grill, Inc., Case No.
15-Civ-23425-COOKE-TORRES). Specifically,
the court stated that the plaintiffs are permitted to proceed with their “allegation
that Chipotle’s ‘Non-GMO’ claims ‘mislead consumers into paying a premium price…for
inferior products or undesirable ingredients or for products that contain
ingredients that are not disclosed.”
Equine
Disease: PDA Quarantines Barn after Horse Tests Positive for Equine Infections
Anemia
On April 20, 2016, the Pennsylvania Department of
Agriculture (PDA) issued a press release announcing the quarantine “of an
equine barn in Halifax, Dauphin County, after a horse at the barn tested
positive for Equine Infectious Anemia (EIA) on Monday, April 18.” According to PDA, both the barn and the
horses will be quarantined for at least 60 days. PDA further stated that EIA poses no health
threat to humans and that “[t]he quarantine can be lifted after the remaining
horses are determined not to be infected.”
Contract
Review: USDA to Continue Payments for Pork Trademarks
On April 20, 2016, the U.S. Department of
Agriculture’s (USDA) Agricultural Marketing Service (AMS) announced that the agency “has completed its review of the 2006 asset purchase agreement between
the National Pork Board and the National Pork Producers Council (NPPC) for the
purchase of four trademarks…[which] include the word ‘pork’ in distinctive
lettering set against a pork loin silhouette and ‘The Other White Meat’ in
various forms.” According to USDA, “[a]s
a result [of the review], AMS is approving continuing annual payments of $3
million under the terms of the agreement.”
Department
Structure: PDA Announces Reorganization
On April 23, 2016, the Pennsylvania Department of
Agriculture (PDA) published notice in the Pennsylvania Bulletin that “[t]he
Executive Board approved a reorganization of the Department of Agriculture
effective April 4, 2016” (46 Pa.B. 20165).
Of note, “at the request of the Joint Committee on Documents under 1
Pa. Code § 3.1(a)(9) (relating to contents of Code)” PDA’s reorganization is
published through the use of an organizational chart.
Regulation:
USDA Proposes Amendment to Voluntary Grading of Shell Eggs
On April 20, 2016, the United States Department of
Agriculture Agricultural Marketing Service published notice in the Federal
Register that the agency was “propos[ing] to amend the Regulations Governing
the Voluntary Grading of Shell Eggs to clarify the definition of ‘condition’
and revise the prerequisite requirement for shell eggs eligible for voluntary
USDA grading and certification” (81 FR 23188).
The comment period for the proposed rule closes June 20, 2016.
No comments:
Post a Comment