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:
Water
Quality: Tyson Poultry Fined for Fish Killing Discharge
On February 27, 2018, the U.S. Department of Justice
(DOJ) announced
that a federal court has determined that Tyson Poultry Inc. (Tyson) must pay
$2.5 million for violations of the Clean Water Act. According to DOJ, Tyson caused the death of
approximately 108,000 fish after illegally discharging the liquid food
supplement Alimet at the company’s slaughter and processing facility in Monett,
Missouri. As a result of this action, Tyson
was ordered to pay a $2 million criminal fine and $500,000 to directly remedy the
harm.
Antitrust:
FTC Opposes Smucker's Plan to Purchase Wesson Cooking Oil Line
On March 5, 2018, the Federal Trade Commission (FTC)
announced
that the agency has filed an administrative complaint opposing J.M. Smucker
Co.’s (Smucker’s) proposed $285 million acquisition of Conagra Brands, Inc.’s
Wesson cooking oil brand. According to
FTC, if the acquisition is consummated, Smucker’s would control 70% market for branded
canola and vegetable oils sold at retail.
FTC alleged that Smucker’s market dominance would result in less
negotiating leverage for retailers and higher prices for consumers. Consequently, FTC requested that a federal
court issue a temporary restraining order and a preliminary injunction preventing
the merger prior to an administrative proceeding.
Labor:
Meat Processor Fined for Violating Immigration and Nationality Act
On March 5, 2018, the U.S. Department of Justice
(DOJ) announced
a settlement agreement with meat processor West Liberty Foods L.L.C., for
violations of the Immigration and Nationality Act (INA). According to DOJ, West Liberty Foods routinely
asked non-U.S. workers hired at its Bolingbrook, Illinois, meat processing
plant to present employment authorization documents that the company did not
require from its U.S. workers. DOJ
stated that under the anti-discrimination provision of the INA, employers may
not subject “employees to more or different documentary demands based on
employees’ citizenship, immigration status, or national origin.” As a result of
announced settlement agreement, West Liberty Foods will: (1) pay a $52,100
fine; (2) provide INA anti-discrimination training for staff; (3) post INA
anti-discrimination notices; and (4) be subject to DOJ monitoring for two
years.
Water
Quality: Perdue Foods Ordered to Pay Penalty for Wastewater Violations
On March 2, 2018, the Delaware Department of Natural
Resources and Environmental Control (DNREC) announced
an agreement with Perdue Foods regarding wastewater violations at the company’s
Georgetown, Delaware, poultry processing facility. According to DNREC, on several occasions in
2015, the Perdue Foods facility exceeded the effluent limits found in their
National Pollutant Discharge Elimination System permit. As a result, Perdue Foods was assessed an
administrative penalty of $77,300 and $7,601 for department fees associated with
the investigation. DNREC stated that to
offset a portion of the penalty, Perdue Foods has elected to convert 39 acres
of farmland to forest. The land conversion
is intended to reduce nitrogen and phosphorus pollutant runoff into the
Broadkill River.
National
Ag Law Experts: Current Resources
- How Does the New Tax Law Act Impact Equipment Trades? – Kristine A. Tidgren, Iowa State University Center for Agricultural Law and Taxation
- The “F” in Schedule F: Filing as Farmer This Tax Season – Kelly Nuckolls, Maryland Risk Management Education Blog
- Definition of "Beer" in terms of ABV or ABW, by State – Amie Alexander & Harrison Pittman, National Agricultural Law Center
Pennsylvania
Case Law:
- S.
Schwartz v. Chester County Agricultural Land Preservation Board and Arborganic
Acres (183
and 226 C.D. 2017) (Court held that the Pennsylvania
Agricultural Area Security Law does not provide a third party right to
institute and prosecute an enforcement action)
Pennsylvania
Actions and Notices:
Department of Agriculture
AgLaw HotLinks:
- Russia Accused of Spreading Anti-GMO Propaganda Online – Ag Web
- Bayer Selling Vegetable Seeds Business to Complete Monsanto Merger – Ag Pro
- Dairy Responds to UK Government’s Agricultural Policy Document – Dairy Reporter
- World food prices rise 1.1 percent in February: U.N. FAO – Reuters
- EU approval of Bayer’s bid for Monsanto reportedly in the offing – Food Navigator
- EPA eased herbicide regulations following Monsanto research, records show – St. Louis Post-Dispatch
- Why the URA is encouraging urban agriculture with its new Farm-a-Lot program – What’s Next For Pittsburgh?
- Do backyard chickens need more regulation? – Morning Ag Clips
- Where's the beef? The cell-cultured variety is still 'meat,' says attorney as cattlemen petition USDA over clean meat labeling – Food Navigator
Stay Informed:
- Listen to our weekly Agricultural Law Podcast
- Read our monthly Agricultural Law Brief newsletter
- Follow us on Twitter at PSU Ag & Shale Law (@AgShaleLaw) to receive daily AgLaw HotLinks
- Connect with us on Facebook to view our weekly CASL Ledger detailing Center publications and activities
- Visit The Ag & Food Law Blog for a comprehensive summary of daily judicial, legislative, and regulatory developments in agriculture and food
No comments:
Post a Comment