Thursday, February 9, 2017

Agricultural Law Weekly Review—February 9, 2017

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:

Organic: AMS to Delay Organic Livestock and Poultry Effective Date
On February 8, 2017, the United States Department of Agriculture (USDA) Agricultural Marketing Service (AMS) announced that the effective date of the Organic Livestock and Poultry Practices final rule, published on January 19, 2017, has been delayed from March 20, 2017, to May 19, 2017.  The new requirements cover livestock handling and transport for slaughter, avian living conditions, livestock care and production practices, and mammalian living conditions.  According to AMS, the delay is the result of the January 20, 2017, Memorandum from the Assistant to the President and Chief of Staff, entitled, Regulatory Freeze Pending Review

GIPSA: USDA Announces Comment Extension for Unfair Practices and Undue Preferences Violations
On February 7, 2017, the United States Department of Agriculture (USDA) Grain Inspection, Packers and Stockyards Administration (GIPSA) announced a 30 day extension of the proposed rule—published at 81 FR 92723—“clarify[ing] the conduct or action by packers, swine contractors, or live poultry dealers that GIPSA considers unfair, unjustly discriminatory.  The comment period now closes on March 24, 2017. According to GIPSA, the delay is the result of the January 20, 2017, Memorandum from the Assistant to the President and Chief of Staff, entitled, Regulatory Freeze Pending Review

GIPSA: USDA Announces Extension of Comment Period for Poultry Grower Ranking System  
On February 7, 2017, the United States Department of Agriculture (USDA) Grain Inspection, Packers and Stockyards Administration (GIPSA) announced a 30 day extension of the proposed rule published at 81 FR 92723.  The proposed rule “identifies criteria that the Secretary may consider when determining whether a live poultry dealer's use of a poultry grower ranking system for ranking poultry growers for settlement purposes is unfair, unjustly discriminatory, or deceptive or gives an undue or unreasonable preference, advantage, prejudice, or disadvantage.” The comment period now closes on March 24, 2017.  According to GIPSA, the delay is the result of the January 20, 2017, Memorandum from the Assistant to the President and Chief of Staff, entitled, Regulatory Freeze Pending Review 

Food Safety: FAO Issues Food Chain Crisis Management Document
In February 2017, the Food and Agriculture Organization of the United Nations (FAO) released a publication entitled Averting Risks to the Food Chain.  The purpose of the document is to “prevent animal disease, plant pest outbreaks, and food safety incidents before they occur.” According to FAO, the intended use of the document is to assist “experts, policy makers, national institutions, and development workers” in the pursuit of ending world hunger.

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