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:
Biosecurity:
Illegal Horsemeat Seized by Border Officials
On February 16, 2017, the U.S. Department of
Homeland Security U.S. Customs and Border Protection (CBP) announced
that undocumented horsemeat has recently been seized by department agents. According to CBP, on January 29, 2017, two travelers
from Mongolia attempted to enter the U.S. with 42 lbs. of horsemeat concealed
inside juice boxes. CBP stated that due
to concerns of foot and mouth disease, “[h]orsemeat is prohibited from entering
the United States if it is not accompanied by an official government horsemeat
certification from the country or government it originates.” The Mongolian
travelers were not criminally charged and were released to continue their
visit. Subsequently, CBP incinerated the
seized horsemeat.
Animal
Welfare: APHIS Animal Welfare Act Compliance Resources
On February 17, 2017, the U.S. Department of
Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) announced
the posting of documents relating to the regulating of federal research
facilities under the Animal Welfare Act.
According to APHIS, the documents are annual reports of research
institutions and inspection reports and “are part of a comprehensive review of
the documents the Agency removed from its website in early February.” The
documents are available for review on the APHIS
website.
Biotechnology:
Chinese Scientist found Guilty of Stealing Engineered Rice
On February 16, 2017, the U.S. Justice Department (DOJ)
announced
that a Chinese scientist has been found guilty of “conspiring to steal samples
of a variety of rice seeds from a Kansas biopharmaceutical research facility.” According
to DOJ, Weiqiang Zhang, a Chinese national residing in Manhattan, Kansas, worked
as a rice breeder for Ventria Bioscience (Ventria). DOJ stated that “in the summer of 2013,
personnel from a crop research institute in China visited Zhang” in Kansas and
that “U.S. Customs and Border Protection officers found seeds belonging to
Ventria in the luggage of Zhang’s visitors as they prepared to leave the United
States for China.” As a result, Zhang “was convicted on one count of conspiracy
to steal trade secrets, one count of conspiracy to commit interstate
transportation of stolen property and one count of interstate transportation of
stolen property.”
Labeling:
Meeting Announced for Use of Term “Healthy”
On February 16, 2017, the U.S. Food and Drug
Administration (FDA) published notice in the Federal Register announcing a “public
meeting entitled “Use of the Term `Healthy' in the Labeling of Human Food
Products” (82
FR 10868). According to FDA, “[t]he
purpose of the public meeting is to give interested persons an opportunity to
discuss the use of the term ‘healthy’ in the labeling of human food.” The
meeting is scheduled to be held on March 9, 2017, from 8:30 a.m. until 5:30
p.m. at the Hilton Washington DC/Rockville Hotel, in Rockville MD.
COOL:
Extension of Comment Period for Venison Requirements
On February 17, 2017, U.S. Department of Agriculture
(USDA) Agricultural Marketing Service (AMS) published notice in the Federal
Register announcing a comment period extension regarding proposed amendments to
the Country of Origin Labeling (COOL) regulations (82
FR 10966). AMS stated that the new
amendments seek to add the “regulation of muscle cuts of venison and ground
venison to mandatory COOL requirements.” Accordingly, the comment period the
proposed change has been extended from March 14, 2017, to April 13, 2017.
National
Organic Program: Extension of Comment Period for Allowed and Prohibited
Substances
On February 17, 2017, U.S. Department of Agriculture
(USDA) Agricultural Marketing Service (AMS) published notice in the Federal
Register announcing a comment period extension for a
proposed rule regarding the National Organic Program (82
FR 10967). According to AMS, “[t]he
proposed rule would remove eleven substances from the National List of Allowed
and Prohibited Substances for use in organic production and handling.” The
comment period for the proposed rule has been extended from March 20, 2017, to April
19, 2017.
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