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:
International Trade: Peru Agrees to
Reduced Restrictions on U.S. Beef
On
March 14, 2016, the United States Department of Agriculture (USDA) issued a press release announcing that Peru has agreed to reduce restrictions on the
importation of U.S. beef and beef products.
According USDA, previously, Peru had only accepted the importation of U.S.
beef and beef products from U.S. “establishments that participated in the USDA
Agricultural Marketing Service (AMS) Export Verification (EV) programs.” Now, however,
Peru will accept for importation “beef and beef products from all federally inspected
U.S. establishments.” According to USDA, the announced agreement reflects a
2013 decision by the World Organization for Animal Health’s (OIE) to upgrade the
U.S.’ bovine spongiform encephalopathy (BSE) risk classification from “controlled
BSE risk” to “negligible BSE risk.” For more information, see previous blog post.
GMO Labeling: Senate Votes against
Ending Debate on GMO Labeling Bill
On
March 16, 2016, the U.S. Senate voted 48-49 against a motion to invoke cloture on
Senate Agriculture Committee Chairman Pat Roberts’ proposed amendment that
would create a “national voluntary bioengineered food labeling standard”
(S.2609). An attempt to end debate and
advance the legislation to a vote, the motion fell short of the 60 votes
required under Senate Rule 22 (“the cloture rule’). Senate Majority Leader Mitch McConnell (R-KY),
a supporter of the proposed amendment, voted against the motion, and as a
result, retains the ability to bring the bill back for a vote in the event a
later agreement is reached.
GMO Labeling: Washington Judge
Rules GMA Knew of Plan to Conceal Funds to Influence Ballot Initiative
On
March 9, 2016, the Superior Court of the State of Washington for Thurston County
held that the Grocery Manufacturers Association (GMA) members knew of a plan by
GMA to conceal funding efforts made to defeat the passage of Washington’s 2013 ballot
Initiative 522; a proposal designed to “require the labeling on all packaged
food products that contained Growth Modified Organisms (GMOs)” State of Washington v. Grocery Manufacturers
Association (Case No. 13-2-02156-8).
The court held that as a matter of law, GMA’s actions violated the public
finance provisions of Washington’s public disclosure law RCW 42.17A, but, in
regards to assessing penalties, a question of fact still remained as to whether
GMA’s violations were intentional.
Clean and Green: Agricultural and
Rural Affairs Committee Votes to Amend Application of Use Values
On
March 15, 2016, the Pennsylvania State Senate Agricultural and Rural Affairs
committee voted unanimously to report House Bill 806 (H.B. 806) out of
committee. The legislation, intended to amend the Pennsylvania Farmland and
Forest Land Assessment Act of 1974 (commonly known as Clean and Green) so as
“to prohibit the application of use values that result in assessments higher
than fair market value,” now moves to the full senate for first consideration.
SCOTUS: Court Rejects Request by
Deere to Stay New Hampshire Equipment Dealer Law
On
March 4, 2016, the United States Supreme Court denied a request by Deere &
Company, et al. (Deere) to recall and stay a lower court ruling pending the
filing of a writ for certiorari (Docket No. 15A910). As a result, Deere must abide by the Supreme
Court of New Hampshire’s ruling upholding the New Hampshire Vehicle Franchise
Act (known as the “dealer bill of rights”) regulating equipment dealer contracts
regarding such matters as termination of dealer agreements, warranty
obligations, and business transfer rights (Deere & Company v. State, 2015
WL 9467010).
Menu Labeling: FDA Delays Menu
Labeling Enforcement
On
March 9, 2016, the U.S. Food and Drug Administration (FDA) issued a statement
announcing that FDA would be delaying enforcement of the Menu Labeling Final
Rule until “one year after it issues final, Level 1 guidance on menu labeling.”
FDA is currently considering comments, and has not set a time for when it will
issue final, Level 1 guidance on menu labeling.
Previously, FDA menu labeling enforcement was scheduled to begin
December 1, 2016.
EU: European Commission Announces
Support for Struggling Farmers
On
March 14, 2016, the European Commission issued a press release announcing a “package
of exceptional measures” designed to support struggling European Union farmers
in the “dairy, pigmeat, and fruit and vegetable sectors.” According to the
Commission, the measures are an acknowledgement “of the current agricultural
crisis” and will be in addition to the €500 million agricultural support
package announced by the Commission in September 2015.
