Showing posts with label California. Show all posts
Showing posts with label California. Show all posts

Thursday, June 1, 2017

Agricultural Law Weekly Review - June 1, 2017

Written by Deanna Smith and Joseph Mooradian – Research Assistants

The following information is an update of recent local, state, national, and international legal developments relevant to agriculture:

Animal Welfare: Supreme Court Denies Review of California’s Egg Sales Law
On May 30, 2017, the U.S. Supreme Court denied a petition for review of a Ninth Circuit ruling concerning California’s AB 1437, which required eggs sold within the state to conform to California’s animal care standards. Missouri, along with five other states, questioned whether a state may “challenge another State’s commercial regulations on the ground that those regulations violate the Commerce Clause.” The petition came after the Ninth Circuit ruled in California’s favor in November 2016, concluding that the states did not have adequate standing to maintain their claim in court. According to Feedstuffs, the six-state coalition, “estimated a cost of $120 million to remodel laying houses to meet California standards and said the state unfairly imposes burdens on farmers outside its borders.” Denial of the petition means that the California law will stand, although it “does leave the door open for additional challenges,” since the case was decided on the basis of standing, not the content or enforcement of the law.

Antibiotic Use: Maryland Passes Animal Antibiotics Legislation
Maryland recently enacted SB0422 entitled Keep Antibiotics Effective Act of 2017. The new law mandates that antimicrobial drugs for cattle, swine, or poultry may be administered only by a licensed veterinarian and only for the treatment, control, or prevention of a disease or infection, or for surgery or other medical procedures. The legislation became law on May 27, 2017, when Governor Larry Hogan declined to sign or veto the bill. Under the bill, antimicrobial drugs may not be given to cattle, swine, or poultry as part of “a regular pattern” and may not be used “solely for the purpose of promoting weight gain or improving feed efficiency.” Maryland is the second state to regulate antibiotic use on farms through legislation with California being the first to enact legislation imposing stricter regulations than that of the FDA. The act will take effect on October 1, 2017.

National Ag Policy: Perdue Discusses Proposed USDA Budget Cuts
On May 24, 2017, U.S. Secretary of Agriculture Sonny Perdue met with lawmakers at a budget hearing to discuss the proposed USDA budget cuts. According to Food Chemical News, the House Appropriations hearing lasted around two hours, and that subjects discussed included “reductions in staffing levels,” “transferring catfish inspection authority from USDA back over to [the] FDA,” “an 11% proposed cut to the National Organic Program (NOP),” “proposed cuts to USDA food assistance programs,” and whether or not the administration would “toss the ‘Farmer Fair Practices’ GIPSA rules.”

Pesticides: U.S. House Votes to Loosen Restrictions on Pesticides
On May 24, 2017, in a 256-165 vote, the U.S. House passed H.R.953 as a part of the Reducing Regulatory Burdens Act of 2017. The bill loosens restrictions on federal pesticide regulations and amends the Federal Insecticide Fungicide and Rodenticide Act (FIFRA) and the Clean Water Act by prohibiting the EPA or states from requiring permits under the Clean Water Act if the pesticide is already approved under FIFRA.

Biosecurity: Senate Passes Securing our Agriculture and Food Act
On May 24, 2017, the U.S. Senate passed the Securing our Agriculture and Food Act, H.R.1238.The act defends food, agriculture, and livestock against terrorism and similar high-risk events to ensure a safe food supply. The act “amends the Homeland Security Act of 2002 to direct the Assistant Secretary for Health Affairs for the Department of Homeland Security (DHS) to carry out a program to coordinate DHS efforts related to defending the food, agriculture, and veterinary systems of the United States against terrorism and other high-consequence events that pose a high risk to homeland security.”

Animal Welfare: The World Organization on Animal Health Adopts Animal Welfare Strategy
On May 24, 2017, the World Organization on Animal Health (OIE) announced its first global strategy on animal welfare. The strategy was developed and endorsed at the 4th OIE Global Conference on animal welfare that took place last year in Mexico and is comprised of four pillars: “development of international animal welfare standards,” “enhancement of capacity building and training of veterinary services,” “communication with governments, national and international organizations, and the public to raise awareness on animal welfare,” and “progressive implementation of OIE standards on animal welfare and their corresponding policies.”

National Ag Policy: USFRA Publishes Sustainability Report
On May 26, 2017, the U.S. Farmers and Ranchers Alliance published Agriculture in America Sustainability Report 2017. The report includes a summary report on a survey of farmers’ and ranchers’ perceptions on environmental sustainability and agricultural practices, as well as information on key commodities in the industry and their impact on different aspects of the environment.

Raw Milk: CDC Releases Report on Outbreak-Related Diseases from Raw Milk and Cheese
The June 2017 issue of Emerging Infectious Diseases released by the CDC contains a research report titled, “Outbreak-Related Disease Burden Associated with Consumption of Unpasteurized Cow’s Milk and Cheese, United States, 2009-2014.” The report details how “the growing popularity of unpasteurized milk in the United States raises public health concerns” and tracks the correlation between a growing “consumption of unpasteurized dairy products,” and the claim that “a doubling in the consumption of unpasteurized milk or cheese could increase outbreak-related illnesses by 96%.”

Industrial Hemp/Cannabis: Maryland Halts Medical Marijuana Licensing Pending a Hearing this Friday
On May 25, 2017, The Washington Post reported that Baltimore Circuit Judge Barry Williams “granted a temporary restraining order barring the Maryland Medical Cannabis Commission from granting new licenses to grow medical marijuana until a June 2 hearing.” A company in Maryland is suing because the Medical Cannabis Commission “failed to consider minority ownership” in awarding permits. Of the fifteen marijuana-growing companies chosen by the commission throughout Maryland, “none [are] led by African Americans.” At the hearing this Friday, June 2, 2017, Judge Williams will decide whether or not to continue the licensing freeze until the resolution of the lawsuit.

Pennsylvania Legislation
Agricultural and Rural Affairs Committee (Senate)
·         HB 790: Legislation to repeal the Noxious Weed Control Law (Act 74 of 1982) and replace it with the Controlled Plant and Noxious Weed Act (Referred to committee – May 31, 2017)
Agricultural and Rural Affairs Committee (House)
·         HB 1463:  An Act amending the act of December 7, 1982 (P.L.784, No.225), known as the Dog Law (Referred to committee - May 31, 2017)
Environmental Resources and Energy Committee (House)
·         HB 20:  Legislation to enact a water resource fee for major water withdrawals in the Commonwealth (Referred to committee - May 25, 2017)
·         HB 1459:  An Act amending the act of June 22, 1937 (P.L.1987, No.394), known as The Clean Streams Law (Referred to committee - May 25, 2017)

AgLaw HotLinks:
·         "LA's Urban Farmers To Get Tax Break Under Proposed Law" - HollywoodPatch
·         "FDA reportedly mulls nutrition facts panel delay" - Meatingplace
·         "California will wait for FDA on menu labeling" - Politico  
·         "U.S. IS WORLD’S LARGEST BEEF EXPORTER" - Brownfield

Follow us on Twitter at PSU Ag & Shale Law (@AgShaleLaw) to receive AgLaw HotLinks

Connect with us on Facebook! Every week we will post the CASL Ledger which details all our publications and activities from the week.

Stay informed with our monthly Agricultural Law Brief located here.


For a comprehensive summary of daily judicial, legislative, and regulatory developments in agriculture and food, visit The Ag & Food Law Blog.

Thursday, April 27, 2017

Agricultural Law Weekly Review—April 27, 2017

Written by M. Sean High – Staff Attorney and Jacqueline Schweichler - Education Programs Coordinator

The following information is an update of recent local, state, national, and international legal developments relevant to agriculture:

ACRE: PA Attorney General Launches New Online Resource
On April 21, 2017, a new Agriculture, Communities and Rural Environment (ACRE) Act 38 resource page debuted on the Pennsylvania Office of Attorney General’s (OAG) website.  Enacted in 2005, the main purpose of ACRE is to protect Pennsylvania’s “normal agricultural operators from unauthorized local regulation.” Accordingly, under ACRE, OAG is empowered to: (1) review local ordinances to determine conflicts with State law; and (2) to bring legal action against local government units for unauthorized local regulations that prohibit or limit normal agricultural operations.  OAG’s new resource page: (1) provides a link to a brochure describing ACRE; (2) lists resources pertaining to 2017 requests for OAG ordinance review; and (3) provides information detailing how agricultural operators can submit written requests for OAG ordinance reviews.  For more information on ACRE, please visit the Center’s ACRE/Pennsylvania Act 38 library guide.

PA Apple Growers Approve New Apple Program
On April 26, 2017, the Pennsylvania Department of Agriculture released a statement announcing the  approval of the new Pennsylvania Apple Program. The new program replaces the Pennsylvania Apple Marketing Program (PAMP) which will expire next month. Pennsylvania apple growers will be assessed "five cents ($.05) per harvested bushel of apples sold for fresh market use and one cent ($.01) per harvested bushel of apples sold or accepted for processing." The funds will be used for membership obligations, research, consumer education, and administrative activities. 

Senate Confirmation: Sonny Perdue Confirmed as New Secretary of Agriculture
On April 24, 2017, by a vote of 87-11, the U.S. Senate confirmed Sonny Perdue to be the new U.S. Secretary of Agriculture.  Following the confirmation, Senate Committee on Agriculture, Nutrition, and Forestry Chairman Pat Robert (R-Kan.) issued the following statement regarding the former Georgia Governor:
“I’m pleased that the U.S. Senate was able to work in a bipartisan fashion to confirm Governor Perdue,” Roberts said. “I have faith that Governor Perdue will put the needs of farmers and ranchers first, and I know that rural America is thankful to have such a qualified Agriculture Secretary on their side.”

White House Releases Executive Order on Agriculture 
On April 25, 2017, the White House released the Presidential Executive Order on Promoting Agriculture and Rural Prosperity in America. The executive order creates the Interagency Task Force on Agriculture and Rural Prosperity.  The purpose of the task force is to "identify legislative, regulatory, and policy changes to promote in rural America agriculture, economic development, job growth, infrastructure improvements, technological innovation, energy security, and quality of life..." The order requires the members of the Task Force to submit a report to the president within 180 days recommending legislative and policy changes.

Dairy: USDA Requests Comment on Proposed California Federal Milk Marketing Order
On April 21, 2017, the United States Department of Agriculture (USDA) Agricultural Marketing Service (AMS) published notice in the Federal Register of a request for public comment regarding the Proposed California Federal Milk Marketing Order; producer ballots (82 FR 18721).  According to USDA AMS, the “document invites comments on the proposed ballots to be used in conducting a referendum to determine whether the issuance of a Federal Milk Marketing Order (FMMO) regulating the handling of milk in California is favored by producers and cooperative associations.” Comments must be received by June 20, 2017.

COOL: Italy Requires Country of Origin Labeling on Dairy Products
On April 23, 2017, the European Supermarket Magazine (ESM) reported that Italy has made mandatory the labeling of products containing milk and milk derivatives.  According to ESM, “[i]f the milk has been produced, packaged and processed in Italy, the label will state: ‘Origin of Milk: Italy.’" ESM stated that “[i]f the packaging and processing phases taking place in several countries, other than Italy, the label will say: ‘Milk from EU Countries’, ‘Milk Conditioned or Processed in EU Countries’ or ‘Milk Conditioned or Processed in Non-EU Countries’”.

Census Data: USDA to Hold Meeting on Publication of Farm Operator Demographics
On April 20, 2017, The U.S. Department of Agriculture’s National Agricultural Statistics Service (NASS) announced the scheduling of an expert panel meeting “to consider questions surrounding publication of farm operator demographic data obtained through the 2017 Census of Agriculture.” Planned for May 16-17, 2017, the panel meeting will discuss “questions about NASS’s publication of 2017 Census of Agriculture farm operator demographic data including:
  • What demographic data will NASS publish on persons involved in making decisions for the farm or ranch operation?
  • What new tables and data presentations are needed to publish data from the 2017 Census of Agriculture decision-making questions?
  • How does NASS address publications in light of the specific change from single principal operator in previous censuses of agriculture to multiple persons responsible for decisions in the 2017 Census of Agriculture?”
Pennsylvania Legislation:
  • Senate Agriculture and Rural Affairs: SB 632 (Grain Dealer Bonding Act)
  • Senate Environmental Resources and Energy: SB 645 (Increased Penalties - Solid Waste Violations)
  • House Environmental Resources and Energy: HB 1256 (Moving DEP Farm Permitting to SCC)
Pennsylvania Actions and Notices:
AgLaw HotLinks:

Follow us on Twitter at PSU Ag & Shale Law (@AgShaleLaw) to receive AgLaw HotLinks

Connect with us on Facebook! Every week we will post the CASL Ledger which details all our publications and activities from the week.

Stay informed with our monthly Agricultural Law Brief located here.

For a comprehensive summary of daily judicial, legislative, and regulatory developments in agriculture and food, visit The Ag & Food Law Blog.

Thursday, February 16, 2017

Agricultural Law Weekly Review—February 16, 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:

Animal Welfare: California Farm Faces Cruelty Charges
On February 7, 2017, the Los Angeles Times reported that a California egg farm has been charged with 39 counts of animal cruelty.  According to the article, the charges in question are for the alleged violation of the state’s Prevention of Farm Animal Cruelty Act.  Known also as California Proposition 2, the law “prohibits the confinement of farm animals in a manner that does not allow them to turn around freely, lie down, stand up, and fully extend their limbs.” Passed by voters on November 4, 2008, the Prevention of Farm Animal Cruelty Act became effective on January 1, 2015.

Endangered Species List: Delay in Inclusion of Rusty Patch Bumble Bee
On February 10, 2017, the Fish and Wildlife Service published notice in the Federal Register delaying a final rule classifying the rusty patch bumble bee as an endangered species under the Endangered Species Act of 1973 (82 FR 10285).  According to the notice, 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.  As a result, the effective date of the final rule is delayed from February 10, 2017, to March 21, 2017.

Marketing Orders: USDA Recommends California Milk Marketing Order
On February 14, 2017, the United States Department of Agriculture (USDA) Agricultural Marketing Service (AMS) published notice in the Federal Register of a “Recommended Decision propos[ing] the issuance of a Federal Milk Marketing Order (FMMO) regulating the handling of milk in California” (82 FR 10634).  According to AMS, “[t]he proposed FMMO incorporates the entire state of California and would adopt the same dairy product classification and pricing provisions used throughout the current FMMO system.” The comment period for the proposed rule closes April 17, 2017.

GMOs: Extension of Comment Period for Certain Genetically Engineered Organisms
On February 10, 2017, the United States Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) published notice in the Federal Register extending the comment period for the agency’s proposed rule revising regulations regarding the importation, interstate movement, and environmental release of certain genetically engineered organisms (82 FR 10312).  As a result, the comment period has been extended from May 19, 2017 to June 19, 2017.  According to APHIS, the proposed rule is “in response to advances in genetic engineering and understanding of the plant pest and noxious weed risk posed by genetically engineered organisms” and is intended to reduce the “burden for regulated entities whose organisms pose no plant pest or noxious weed risks.”

Plant Pest Regulations: Extension of Comment Period
On February 13, 2017, the United States Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) published notice in the Federal Register extending the comment period regarding regulatory changes to the movement of plant pests (82 FR 10444).  The comment period is extended from March 20, 2017, to April 19, 2017.  According to APHIS, the proposed rule would (1) revise regulations regarding the movement and environmental release of biological control organisms; (2) grant permitting exceptions for certain types of plant pests; and (3) revise regulations regarding the movement of soil.

Disease Control: Notice of Changes to National Poultry Improvement Plan
On February 13, 2017, the United States Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) published notice in the Federal Register regarding the availability of proposed changes to the National Poultry Improvement Plan Program Standards (NPIP) (82 FR 10452).  According to APHIS, NPIP is a voluntary program that “is a cooperative Federal-State-Industry mechanism for controlling certain poultry diseases.” The comment period regarding the proposed changes closes March 15, 2017.

Organic Regulations: Organic Livestock and Poultry Practices Rule Delayed
On February 9, 2017, the United States Department of Agriculture (USDA) Agricultural Marketing Service (AMS) published notice in the Federal Register of a 60 day effective date delay regarding the Organic Livestock and Poultry Practices rule (82 FR 9967).  According to the notice, 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.  As a result, “[t]he effective date of the final rule published on January 19, 2017 (82 FR 7042) is delayed from March 20, 2017, to a new effective date of May 19, 2017.”

AgLaw HotLinks:

Follow us on Twitter at PSU Ag & Shale Law (@AgShaleLaw) to receive AgLaw HotLinks

Connect with us on Facebook! Every week we will post the CASL Ledger which details all our publications and activities from the week.

Stay informed with our monthly Agricultural Law Brief located
here.

Thursday, September 15, 2016

Agricultural Law Weekly Review—September 15, 2016

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:

Labor: California Governor Signs Bill Removing Agricultural Worker Overtime Exemption
On September 12, 2016, California Governor Edmund G. (“Jerry”) Brown signed into law legislation removing California’s agricultural worker overtime exemption (AB 1066).  Prior to the enactment of AB 1066, California agricultural workers only received overtime pay if they worked more than 10 hours a day or 60 hours per week.  Now, however, agricultural workers must receive overtime pay if they work in excess of 8 hours a day or 40 hours per week.  The new law will phase in the new overtime requirements for agricultural worker over the course of 4 years, though agricultural producers with 25 or fewer employees will be given an additional 3 years to phase in the overtime requirements.

Trade: U.S. Brings WTO Action against China for Rice, Wheat, and Corn Support  
On September 13, 2016, the United States Department of Agriculture (USDA) issued a press release stating that “the Obama Administration has launched a new trade enforcement action against the People's Republic of China at the World Trade Organization (WTO) concerning excessive government support provided for Chinese production of rice, wheat, and corn.” According to USDA, China’s excessive government support violates WTO rules, have caused an inflation of prices above market levels, and have denied American rice, wheat, and corn farmers the ability to compete on a level playing field.

Litigation: Court Rules EPA’s Release of CAFO Information Violated FOIA
On September 9, 2016, the United States Court of Appeals for the Eighth Circuit ruled that the Environmental Protection Agency (EPA) violated the Freedom of Information Act (FOIA) when EPA released personal information pertaining to owners of concentrated feeding operations (American Farm Bureau Federation v. U.S. Environmental Protection Agency, Case No. 15-1234).  The court remanded the case back to the district court to consider American Farm Bureau Federation’s request for injunctive relief. 

FSMA: States to Receive $21.8 Million to Farmers Comply with Produce Rule
On September 9, 2016, the United States Food and Drug Administration (FDA) issued a press release announcing that the agency was “awarding…$21.8 million to support 42 states in the implementation of the FDA Food Safety Modernization Act (FSMA) produce safety rule.” According to FDA, the state “[a]pplicants were classified into five tiers of funding eligibility based on the estimated number of farms growing covered produce within their jurisdiction.” FDA stated that the funding is available for five years, subject to the availability of funding from Congress.

Quarantine: PDA Establishes Quarantine for Spotted Lanternfly
On September 10, 2016, the Pennsylvania Department of Agriculture published notice in the Pennsylvania Bulletin of an Addendum to the Order of Quarantine regarding the Spotted Lanternfly (46 Pa.B. 5814).  According to PDA, “[a] quarantine is hereby established with respect to Lyons Borough, Alsace Township, Exeter Township, St. Lawrence Borough, Berks County and Upper Macungie Township, Lehigh County and West Pottsgrove, Montgomery County.” PDA stated that “[t]his is in addition to, and does not replace, any townships and areas already subject to the Spotted Lanternfly Quarantine Order published at 44 Pa.B. 6947 issued Saturday, November 1, 2014, and any previous Addendums to that Quarantine Order.”

Thursday, March 31, 2016

Agricultural Law Weekly Review—March 31, 2016

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: Study Says Agriculture Needs to do more to Reduce Phosphorous in Lake Erie
On March 22, 2016, the University of Michigan announced the release of a computer modeling study which concluded that phosphorus runoff from farms, particularly those in the “heavily agricultural Maumee River watershed,” has led to harmful algae blooms in Lake Erie.  According to the press release, to combat this issue, the study recommended the “require[d] widespread use of strong fertilizer-management practices, significant conversion of cropland to grassland and more targeted conservation efforts.” Disputing the results of the study, the industry group Agricultural Leaders of Michigan stated that the study “relies on data that is more than 15 years old…ignores consistent decreases in phosphorus applications by Michigan agriculture in recent years..[and] assumes that farmers and growers today use the same methods that we used decades ago.” Relatedly, on March 28, 2016, the U.S. Department of Agriculture announced a $41 million initiative to help Ohio, Michigan, and Indiana farmers implement conservation measures so as to reduce runoff in the Western Lake Erie Basin waterways.

Labor: California Reaches Agreement to Raise Minimum Wage
On March 28, 2016, California Governor Edmund G. (Jerry) Brown issued a press release announcing that an agreement had been reached to raise the state’s minimum wage rate to $15 an hour.  According to the press release, “[u]nder the plan, minimum wage will rise to $10.50 per hour on January 1, 2017 for businesses with 26 or more employees, and then rises each year until reaching $15 per hour in 2022.” According to the Governor, employers with 25 or fewer employees will be allowed additional time “to phase in the increases.” Finally, the press release stated that “[o]nce the minimum wage reaches $15 per hour for all businesses, wages could then be increased each year up to 3.5 percent (rounded to the nearest 10 cents) for inflation as measured by the national Consumer Price Index.”

Antibiotics: Advisory Council to Meet and Vote on Antibiotic Use in Food Animals
On March 30-31, 2016, the Presidential Advisory Council on Combating Antibiotic-Resistant Bacteria (PACCARB) was scheduled to hold a public meeting to deliberate and vote on the findings and recommendations of PACCARB’s working groups'.  Slated for deliberation and vote was Draft Report 1: Initial Assessment of the National Action Plan for Combating Antibiotic-Resistance Bacteria, a document which provides recommendations regarding antibiotic use in food animals.  According to Draft Report I, efforts should be made to: 1)”Work toward consensus processes for establishing metrics for the appropriateness of antibiotic use, especially antibiotics used for preventative purposes;” 2) “Work to insure such metrics are interpreted appropriately by all stakeholders when the required data become available;” and 3) “Reconcile concerns about confidentiality of producers and specific farms.”  

Food Safety: British Company Applies to use Gut Bacterium as Food Additive
On March 22, Solution Sciences Ltd. (SSL), a British manufacturer of soft drinks, submitted an application to the United Kingdom’s Food Standards Agency (FSA) for the approved use of bacterium M. arum as a food ingredient in the European Union.  According to FSA, “M. aurum is an environmental mycobacterium that lives harmlessly in the environment and can also be found in the gut of humans and animals as part of the normal gut microflora.” According to SSL’s application, because “we all live far too hygienically and at an increasing distance from our natural ‘green’ environment,” the use of M. aurum as a food additive offers the potential to restore natural “exposure to an important group of pseudocommensals; namely, the mycobacteria.”

Friday, October 16, 2015

California Bill Restricts Antibiotics

Written by Stephen Kenney

On Saturday, October 10, Governor Jerry Brown of California signed legislation that will restrict the use of antibiotics in livestock.  The bill will go in effect on January 1, 2018.  The bill’s goal is to curb the use of antibiotics in livestock so that the antibiotics are not consumed by humans.

The U.S. Centers for Disease Control and Prevention believe that antibiotic resistance is a major problem.  It estimates that 2 million people in this country are infected with drug resistant bacteria each year and that 23,000 die as a direct result.  Governor Brown hearkened to CDC’s findings in his signing statement.  "The science is clear that the overuse of antibiotics in livestock has contributed to the spread of antibiotic resistance and the undermining of life-saving advances in medicine," Governor Brown said.  McDonald’s, Tyson and Foster Farms are among the food retailers that have voluntarily agreed to stop obtaining meat from animals that had received antibiotics

The bill still allows for veterinary use of antibiotics.  The regular use of antibiotics for disease prevention is restricted by the bill and the use of antibiotics to fatten up livestock is prohibited.  The bill also restricts access to antibiotics.  It aims to stop the over-the-counter sale of antibiotics for livestock use as well.  Antibiotics would have to be ordered by a licensed veterinarian to ensure that the drugs will be used for a medical purpose.  California’s Department of Food and Agriculture will be required to monitor antibiotic sales and use.


The California Cattleman’s’ Association has expressed concerns that the legislation will restrict access to antibiotics for ranchers, particularly those in rural regions.  The group ultimately agreed to remain neutral towards the bill after two years of negotiating.  

Wednesday, September 30, 2015

California May Enact Nation's Most Restrictive Laws Regarding Livestock Antibiotic Use

Written by Katharine Richter

On September 11, 2015, the California legislature passed SB No. 27, which proposes strict restrictions on antibiotic use in livestock.  The enrolled bill still needs to be signed by California Governor Jerry Brown (D) to be enacted. 

The bill, if signed by the Governor, would become operative starting January 1, 2018.  The bill would prohibit “medically important antimicrobial drugs” from being administered to livestock “unless ordered by a licensed veterinarian through a prescription or veterinary feed directive pursuant to a veterinarian-client-patient relationship.”  The bill would not allow the administration of antibiotics if the only purpose is “weight gain or improving feed efficiency.”

The bill further requires that the California Department of Food and Agriculture (CDFA) develop antimicrobial guidelines and best management practices.  CDFA will also be in charge of surveillance and gathering information.  Any violators will be “subject to a civil penalty of up to $250 for each day a violation occurs.”  A second and subsequent violations will be increased to a “fine of $500 for each day a violation occurs.”


According to the Consumers Union website, this bill will be the toughest law to date on limiting the use of antibiotics in livestock.  The website states that “approximately 80 percent of all antibiotics sold in the U.S. are fed to mostly healthy animals…to make them grow faster and to prevent disease in crowded and unsanitary industrial farms.”  According to a Food Chemical News article, industry groups “haven’t mounted strong opposition to the bill.”  Industry groups recognize the need to address the future effectiveness of antibiotics but the concern with the proposed legislation is the potential burden on rural farmer’s access to veterinarians.  

Wednesday, September 2, 2015

Chipotle Faces Class Action Lawsuit Over ‘GMO-Free’ Advertising

Written by Katharine Richter

On August 28, 2015, Kaplan Fox & Kilsheimer LLP filed a class action complaint in the United States District Court for the Northern District of California against Chipotle Mexican Grill, Inc. The complaint claims Chipotle violated the “California Consumer Legal Remedies Act, the California False Advertising Law, and the California Unfair Competition Law” due to Chipotles claim of using non-GMO ingredients.  

According to the complaint filed, around April 27, 2015, Chipotle began advertising it was using only GMO free ingredients.  The complaint alleges this “was a strategic marketing campaign to entice new health-minded consumers and retain current ones.”  The complaint mentions the GMO free marketing was prominent, being featured on billboards, social media, and store fronts; chipotle even tweeted they were “’literally dropping’ the letter G, M, and O from their menu, including taking out the ‘O’ in ‘Chicken Burrito’…even though Chipotle knew that its meat products come from animals that consume GMO feed.”     


The complaint alleges that Chipotle’s claims it was GMO free were false, misleading and deceptive.  According to the complaint, Chipotle’s “omissions regarding the GMOs used in certain of the meat and dairy ingredients it uses in its Food Products, have been, and continue to be, material to consumers…and Defendant knows that its misleading representations are material in nature.”  After Chipotle launched the non-GMO advertising, it continued to use meat and dairy products from animals which were fed GMO products and soda containing GMOs.    

Tuesday, June 2, 2015

City of Davis California Proposed Ordinance Would Make Milk or Water Default Option in Children's Meals

  On May 26th, 2015, a proposed city ordinance, Article 17.02 Children’s Meals, was unanimously approved by the Davis City Council in Davis, California.  The ordinance would require restaurants and fast food chains to make the default beverage option for a children’s meal either milk or water.  In an effort to curb the growing epidemic of childhood obesity and related health problems, the proposed ordinance would impose legal sanctions on fast food chains and other restaurants that have their cashiers and waiters market soda with children’s meals.  If the purchaser opts for soda, there will be no extra cost.  The ordinance requires consumers to request the option to have soda with the kid’s meal, as the default will be milk or water.  If a restaurant or fast food chain is discovered to be offering soda as the default, the city will first contact the restaurant but if the behavior continues, the city will issue fines beginning at $100.    

  Restaurants and fast-food chains were informed of the proposed ordinance through mail and invited to the upcoming public meeting.  No restaurant or food chain responded by e-mail or phone to the letter nor attended the meeting.  Opponents to the legislation who did attend the public meeting argued the legislation was intrusive and unnecessary. 

  This novel city ordinance proposal is in alignment with a general trend towards increasing legislation aimed at restaurants and fast food chains to provide customers with information to make health conscious choices.  Recent changes to legislation include requiring chain restaurants and similar establishments with at least 20 locations operating under the same name to list the calories for every item on their menu and make available additional serving size suggestions. 


  The proposed legislation still requires a second council vote and if the ordinance is passed, it will become effective on September 1st, 2015.  

Written by Katharine Richter- Research Assistant

June 2nd, 2015