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 4^th 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:

·         Several Senators send letter to President with concerns over budget cuts to rural America - Coons

·         "Agriculture Beware: Groundwater Future Belongs to SCOTUS"  - AgWebEditor

·         "LA's Urban Farmers To Get Tax Break Under Proposed Law" - HollywoodPatch

·         "Maryland joins California in battling antibiotic overuse on farms" - Reuters

·         "CDC delves into illness rates for raw milk, cheese in new report" - FoodChemNews

·         "Trump administration sees four ways to help ag ‘punch above its weight’" -FoodNavigator

·         "Colorado panel to study industrial hemp use for animal feed" - MjBizDaily

·         "FDA reportedly mulls nutrition facts panel delay" - Meatingplace

·         "Trump's delay of calorie-posting rule jolts restaurants" - Politico

·         "Lawmakers Discuss Rural Economy, Budget Cuts at Farm Bill Hearing" - AgWebEditor

·         "Organic industry asks legislators for funds to expand domestic production" - FoodNavigatorUS

·         "Trump promised a ‘big beautiful door’ in his border wall." - LAtimes

·         "He plowed his field; now he faces a $2.8 million fine" - USAtoday

·         "California will wait for FDA on menu labeling" - Politico  

·         "U.S. IS WORLD’S LARGEST BEEF EXPORTER" - Brownfield

·         "FDA played by the book in delaying menu labeling, GAO finds" - FoodChemNews

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

Agricultural Law Weekly Review—July 7, 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:

GMO Labeling: Senate Votes to Limit Debate on Labeling Legislation

On July 6, 2016, the United States Senate voted 65-32 for cloture on legislation establishing a “National Bioengineered Food Disclosure Standard” (S.Amdt.4935 to S.764).  By obtaining the 60 votes necessary for cloture, debate on the proposed legislation will be limited to no more than 30 hours.  If enacted, the proposed legislation would create a national labeling standard for foods containing genetically modified organisms (GMO) and preempt state GMO labeling laws.

Antitrust: Court Approves Settlement of Class Action against Egg Producers

On June 30, 2016, the United States District Court for the Eastern District of Pennsylvania approved five separate settlement agreements reached in a consolidated class action suit, brought against five different national egg producers, for allegedly manipulating the supply and domestic price of eggs (In re: Processed  Egg Products Antitrust Litigation, 2016 WL 3584632).  The combined amount of the five separate settlement agreements totaled $8.425 million.

Food Safety: FDA to Extend Comment Period Regarding Raw Manure and Produce

On June 30, 2016, the United States Food and Drug Administration (FDA) published notice in the Federal Register that the agency was “extending the comment period for the notice entitled ‘Risk Assessment of Foodborne Illness Associated With Pathogens From Produce Grown in Fields Amended With Untreated Biological Soil Amendments of Animal Origin; Request for Scientific Data, Information, and Comments’ that appeared in the Federal Register of March 4, 2016” (81 FR 42715).  FDA stated that the extension is “due to maintenance on the Federal eRulemaking portal in early July 2016.” As a result, FDA will now accept submitted comments, either written or electronic, by July 19, 2016.

Pesticides: EPA Extends Comment Period for Ecological Risk Assessments of 3 Herbicides

On July 6, 2016, the United States Environmental Protection Agency (EPA) published notice in the Federal Register extending the “comment period for the draft ecological risk assessments of atrazine, simazine, and propazine…60 days, from August 5, 2016, to October 4, 2016.” (81 FR 44018).  According to EPA, the “comment period is being extended in response to a number of extension requests from various stakeholders citing difficulty commenting during the growing season, and the length, quantity, and complexity of the Risk Assessments.”

Worker Safety: OSHA to Increase Civil Penalties for Violations

On June 30, 2016, the United States Department of Labor (DOL) announced that DOL was adjusting civil penalties for the department’s Occupational Safety and Health Administration (OSHA).  According to DOL, “OSHA's maximum penalties, which were last adjusted in 1990, will increase by 78%...[and] [g]oing forward, the agency will continue to adjust its penalties for inflation each year based on the Consumer Price Index.” DOL stated, “[t]he new penalties will take effect after August 1, 2016…[and] [a]ny citations issued by OSHA after that date will be subject to the new penalties if the related violations occurred after November 2, 2015.”

Farm Inspection: Court Orders Government Access to “Private Membership Association” Facilities and Records

On July 6, 2016, the United States District Court for the Eastern District of Pennsylvania held that the United States Department of Agriculture and its Food Safety and Inspection Service (FSIS) can enforce “an April 4, 2016 FSIS administrative subpoena requiring…access to Miller’s Organic Farm’s facilities and records related to the farm’s meat and poultry products” (United State of America v. Miller’s Organic Farm and, Amos Miller, Civil Action No. 16-cv.2732)  According to the court, prior to the ruling, Miller’s Organic Farm, and its owner Amos Miller, had “refused to comply with the subpoena, on grounds that it infringed their First Amendment right to freedom of association, because Miller’s Organic Farm is a ‘Private Membership Association.’” The court stated that “Defendant Amos Miller,” who represented himself in court, “failed to show cause why Miller’s Organic Farm and he should not produce the summoned information and grant the summoned access.”      

HPAI Update: New HPAI Indemnity Payment Rule becomes Effective

Written by M. Sean High – Staff Attorney

On February 9, 2016, the United States Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) published in the Federal Register an interim rule amending the regulations governing the payment of indemnity claims for highly pathogenic avian influenza (HPAI) (81 FR 6745).  The new regulations became effective upon the interim rule’s February 9, 2016 publication in the Federal Register.

The February 9, 2016 interim rule amends the previous HPAI indemnity regulations in three ways: 1) APHIS is allowed to split indemnity payments between poultry/egg owners and contractors; 2) existing policy is clarified through language providing for indemnity payments for eggs destroyed as a result of HPAI; and 3) poultry/egg owners and contractors of large facilities must each provide statements that prior to the detection of HPAI in their facility, they had in place, and were following, a biosecurity plan.

By way of authority, APHIS administers HPAI indemnity payments under 9 CFR 53.  Prior to the February 9, 2016 interim rule, 9 CFR 53 allowed indemnity payments for the costs of purchase, destruction, and disposal of animals and materials required to be destroyed due to HPAI contamination or exposure, but did not specify that an indemnity payment could be divided between a poultry/egg owner and a contractor.

Relatedly, a similar problem previously existed regarding Low Pathogenic Avian Influenza (LPAI).  In 2002, after an LPAI outbreak in Virginia, 9 CFR 56, which governs APHIS LPAI indemnity payments, was amended to allow indemnity payments to both animal owners and contractors (9 CFR 56.8).

Now, because of the February 9, 2016 interim rule, the formula used in 9 CFR 56.8 for dividing LPAI indemnity payments between animal owners and contractors has been incorporated to apply to HPAI (9 CFR 53.11).  As a result, APHIS may now pay a contractor indemnity for their losses associated with HPAI.  Accordingly, after indemnity is paid to a contractor (based on the 9 CFR 53.11 formula), the poultry/egg owner is then eligible to receive the remaining indemnity balance.

Prior to the February 9, 2016 interim rule, as a matter of policy, APHIS included eggs under the general term “materials” for purposes of indemnity payments.  Seeking to provide clarity on the matter, 9 CFR 53 now specifically makes reference to eggs and provides direction for the appraisal value of eggs destroyed due to HPAI (9 CFR 53.3(e)).

Finally, the February 9, 2016 interim rule now requires that for indemnity payment eligibility, both poultry/egg owners and contractors must provide APHIS with a statement that at the time HPAI was detected in their facility, they had in place, and were following, a biosecurity plan.  As a result, barring an exemption, indemnity claims will be denied without these statements (9 CFR 53.10(g)).

Under 9 CFR 53.10(g), only large poultry operations must comply with the biosecurity requirement.  Accordingly, poultry facilities are exempted from issuing the biosecurity statements if the operation is: 1) a commercial table egg facility with fewer than 75,000 birds; 2) a facility that raises for release upland game birds and has fewer than 25,000 upland game birds annually; 3) a facility that raises for release water fowl and has fewer than 25,000 water fowl birds annually; 4) a broiler facility that raises fewer than 100,000 broilers annually; or 5) a meat turkey facility that raises fewer than 30,000 turkeys annually. 

APHIS has stated that the purpose of the February 9, 2016 interim rule was “to solidify policies surrounding the payment of indemnity and further strengthen biosecurity adherence at poultry operations.” The comment period on the interim rule ends April 11, 2016.  

Agricultural Law Weekly Review: February 5, 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:

Litigation: PA Federal Judges Certifies Class Action against Egg Producers

On February 2, 2016, United States District Judge Gene E.K. Pratter of the United States District Court for the Eastern District of Pennsylvania granted a motion to certify a class action in a case involving an alleged conspiracy by the nation’s leading egg producers to inflate prices by limiting the supply of eggs (Case No. 08-md-2002).  Appointed as class representatives are T.K. Ribbing’s Family Restaurant, LLC; John A. Lisciandro d/b/a Lisciandro’s Restaurant; Eby-Brown Company; and Karetas Foods, Inc.

Labeling: FDA Bans Importation of GE Salmon

On January 29, 2016, the United States Food and Drug Administration (FDA) announced that the department will “not allow the introduction or delivery for introduction into interstate commerce of any food that contains genetically engineered salmon, until FDA publishes final labeling guidelines for informing consumers of such content (Import Alert 99-40).” The alert did not provide a timetable for the completion of the final labeling guidelines.

Biotechnology: New Monsanto Biotech Soybean Now Available

On February 3, 2016, Monsanto announced that the company had received import approval from China for Roundup Ready 2 Xtend soybeans. The Roundup Ready 2 Xtend soybeans are genetically modified to be tolerant to both glyphosate and dicamba herbicides, and as a result China’s import approval, will now be made “available in the United States and Canada in time for the 2016 season.”

International: China Seeks to Modernize Farm Policy

On February 4, 2016, the International Center for Trade and Sustainable Development reported that China appears to be shifting its agricultural industry towards a modern, market-base system.  Specifically, according to the report, there appears to be a movement towards “the reform of the maize purchasing and storage system, [to] reflect market supply and demand in corn prices.” Additionally, the report stated that “[w]hile the timing and specifics of the new approach remain unclear…Beijing was believed to favour making compensation payments to farmers when prices fell short of a target price, instead of purchasing stocks to support prices when these fell below a pre-established floor.”

Research: USDA Awards over $30 Million for Research Projects

On February 3, 2016, the United States Department of Agriculture (USDA) announced that the department had awarded “$30.1 million in competitive grants to fund 80 research projects to improve food safety, reduce antibiotic resistance in food, and increase the resilience of plants in the face of climate change.”  According to USDA Secretary Tom Vilsack, the research funding was necessary because “[i]n the face of diminishing land and water resources and increasingly variable climatic conditions, food production must increase to meet the demands of [a] world population projected to pass 9 billion by 2050.”

Regulatory Update: FDA Approves Genetically Engineered Chicken

Written by M. Sean High – Staff Attorney

On December 8, 2015, the U.S. Food and Drug Administration (FDA) approved a genetically engineered (GE) chicken designed to produce eggs to be used in the manufacturing of a drug intended to treat the human enzyme disease lysosomal acid lipase deficiency (LAL-D).

LAL-D is a rare (and potentially fatal) disease that causes the build-up of fats within the tissue cells of multiple organs including the heart, liver, and spleen.  According to the pharmaceutical manufacturer Alexion Pharmaceuticals Inc. (Alexion), when LAL-D is present in infant patients (known as Wolman disease) there is currently a nearly 90% mortality rate; when LAL-D is present in pediatric and adult patients (known as cholesteryl ester storage disease) “with a clinical biopsy assessment, nearly 50% progress to fibrosis, cirrhosis, or liver transplant within 3 years of symptom onset.” Consequently, Alexion sought FDA approval for Kanuma, the company’s enzyme replacement therapy drug designed to combat LAL-D. 

Under Alexion’s manufacturing of Kanuma, GE chickens are raised so as to “produce a recombinant form of human lysosomal acid lipase (rhLAL) protein in their egg whites.” In turn, the rhLAL egg whites are to be purified and refined into the LAL-D fighting drug Kanuma.

FDA stated that the GE chickens and their eggs do not pose a human health risk because neither will be permitted to enter the food supply.  Importantly, FDA noted that their approval will “not cause a significant impact on the environment, because the chickens are raised in highly secure facilities. 

USDA AMS Launches Investigation Into Egg Board Dealings

Written by Katharine Richter

On October 20, 2015, Senator Mike Lee (R-UT), the chairman of the Senate Judiciary Subcommittee on Antitrust, Competition Policy, and Consumer Rights, “sent a letter to Agriculture Secretary Tom Vilsack…calling for an investigation into the American Egg Board (AEB).”  The allegation levied against the board involves an anti-competitive campaign aimed at eliminating a non-egg mayonnaise from Whole Food’s shelves. The United States Department of Agriculture (USDA) Agriculture Marketing Services (AMS) is currently investigating whether federal laws or administrative regulations have been violated. 

The AEB is part of the USDA AMS “check-off” program, which was created in 1937 and is designed to “promote and provide research and information for a particular agricultural commodity.”  According to Senator Lee’s letter to Vilsack, information obtained under the Freedom of Information Act has led to acquiring 600 pages of correspondence which suggest that the AEB staff and USDA officials may have used their power and resources to target Hampton Creek, a producer of vegan mayonnaise.  The aim was to “reduce marketplace demand” for the product because of concerns of the impact on the egg industry.

According to Senator Lee’s letter, the AEB may have violated a law which states that funds received may not be for political purposes.  Further, the USDA AMS issues guidelines that “forbid any advertising considered disparaging or those that depict other commodities in a negative or unpleasant light via either over or subjective video, photography, or statements.”

According to agri-pulse, the USDA review “involves a substantial amount of material and while AMS expects to complete the review in an expeditious manner, a complete review will take some time.”  

Senate Committee Holds Avian Influenza Hearing

On June 7, 2015, the United States Senate Committee on Agriculture, Nutrition, and Forestry held a hearing on Highly Pathogenic Avian Influenza (HPAI) and its effect on the U.S poultry industry.  The hearing highlighted areas that need to be addressed in order to effectively handle the outbreak and potential future outbreaks.

Dr. John Clifford, Deputy Administrator for USDA’s Animal and Plant Inspection Service (APHIS), testified that if a site is confirmed to have HPAI, the producer must create a flock plan designating the procedures necessary for the producer’s farm to return to normal production.  The flock plan requires signatures from the owners, a state animal health official, and an APHIS official, and is necessary to be eligible for indemnification payments.  A flock plan is required before APHIS can issue an appraisal document valuing the production lost.  When an owner signs off on the appraisal, APHIS can begin depopulating.

Additionally, Dr. Clifford testified that a major issue that needs to be addressed to increase efficiency in depopulation efforts is “the lack of ready sites to receive and process dead birds.”

Egg and poultry producers also testified at the hearing.  Ken Klippen, President of the National Association of Egg Farmers, stated the association had sent in to APHIS an indemnity plan which could help APHIS bring a quick and fair appraisal to the producer.  Brad Milone, Manager and Owner of Moline Farms LLC, experienced firsthand HPAI when he lost 56,000 turkeys and touched upon issues he experienced in the process.  He emphasized the need for increased communication between the government and producers as well as faster depopulation time periods when there is confirmed HPAI.

Written by Katharine Richter - Research Assistant

July 8, 2015

Avian Influenza Struck Egg-Layer Farm Company Hit with Breach of Contract Lawsuit

  On June 26, 2015, Michael Foods Egg Products Co. filed suit against Hawkeye Pride Egg Farms, LLP, in the United States District Court for Southern District of Iowa.  The claim alleges Hawkeye Pride breached a January 2014 contract in which they were to supply eggs to Michael Foods.  Michael Foods is claiming they suffered irreparable harm and are seeking injunctive relief enjoining Hawkeye from breaching the contract and judgment for damages sufficient to compensate plaintiffs for the breach as well as interest and costs.

  The case was brought into federal court and the exact amount of damages requested is unknown.  The contract at issue has been sealed and is unavailable for viewing. 

  Michael Foods is a subsidiary of cereal producers Post Holdings Inc., and supplies liquid and precooked eggs products primarily.  Hawkeye Pride, located in Iowa, is a division of Center Fresh Group which owns egg farms in Iowa.  Center Fresh Group has lost approximately 7 million chickens in Iowa to Avian Influenza, 5.5 million of which were egg-laying hens.

  The death of more than 30 million laying hens in Iowa has contributed to a deficit in egg availability.  In a USDA report released June 22, 2015, Iowa egg production during May 2015 was 1.03 billion eggs, which is the lowest egg production since February 2005.  The average amount of layers for May 2015 was 44.2 million, this is the lowest inventory since May 2004.      

  Those with access can view Docket No. 4:15-cv-187 at PACER. 

Written by Katharine Richter - Research Assistant

July 2, 2015

Senator Argues USDA Funds Needed for Avian Flu Outbreak

  On June 22, 2015, Senator Charles Schumer (D-NY) urged Congress to not cut $500 million in funding from USDA programs.  Schumer argued the funding should be used to help manage the current avian flu outbreak and could be used for vaccination efforts, “biosecurity” measures, as well as research costs to discover more on how the virus is transmitted.

  According to the press release in the Senator’s website, the impact on consumers and retailers is already being felt and only expected to rise.  The press release stated egg prices have increased to record levels.  In New York, the average wholesale price for a dozen eggs ranges from $1.60-$1.66, beating the 2014 record of $1.42.  “Breaker” eggs used by restaurants and other food producers have increased in price by 273%, causing companies to seek alternative ingredients in response to the decreasing supply. 

   According to the USDA website, as of June 17, 2015, 48,091,293 birds have been affected by Avian Influenza.  Of the total birds affected, approximately 80% are egg laying hens, nationwide that accounts for 10% of the egg laying population.

    The Fiscal Year 2016 Agriculture Appropriations Bill was approved by the House Appropriations Subcommittee on June 17.  It was set to be considered by the full committee on June 25 but was postponed.

Written by Katharine Richter - Research Assistant

June 30, 2015

U.S. Food and Drug Administration Releases Draft Guidance for Egg Safety Rule Compliance

On July 23, 2013, the Food and Drug Administration released draft guidance to help egg producers, who provide their laying hens with outdoor access, comply with the Egg Safety Rule. The FDA’s goal is to help producers prevent Salmonella in shell eggs through the implementation of food safety measures. The draft guidance offers measures to control SE at a number of different types of poultry houses and outdoor access areas by preventing wild birds and other animals from entering outdoor access areas and advice for conducting environmental sampling for SE.

All interested parties are invited to comment on the draft guidance.  Previous guidance has been published by the FDA dealing with the Egg Safety rule with the most recent release in August, 2012.

For more information, please see the Center for Food Safety and Applied Nutrition/FDA Constituent Update.

 

Written by Sarah Doyle - Research Assistant

The Agricultural Law Resource and Reference Center

@PSUAgLawCenter

July 29, 2013

Senate Committee Holds Hearing on Egg Production Standards

On July 26, 2012, the Senate Agriculture Committee conducted hearings into proposed legislation mandating that most egg producers comply with national hen housing standards.  Under Senate Bill 3239, over the next 15 to 18 years, egg producers with 3,000 or more hens would be required to eliminate conventional cages and replace them with systems that provide each bird with increased space.  During testimony, proponents of the Bill claimed the need for a consistent, national standard, while opponents of the Bill asserted that the costs of compliance would put many smaller operations out of business.  To view a video recording of the hearing, please click on the link below:

Senate Hearings on s. 3239-the-egg-products-inspection-act-amendments-of-2012

Written by M. Sean High, Research Assistant

Penn State Law, Agricultural Law Center

New FDA Egg Rule Becomes Effective

On July 9, 2012, a new federal rule regulating medium-sized egg producers went into effect.  The rule was formulated by the Food and Drug Administration (FDA) as an effort to reduce the risk of Salmonella Enteritidis in shell eggs.  As a result, egg operations with between 3,000 and 50,000 laying hens must now comply with FDA monitoring, cleaning, testing, and recordkeeping guidelines.  Large-sized egg producers with more than 50,000 laying hens have been required to comply with the FDA rule since 2010.

For more information regarding the new FDA egg rule, please click the link below:

FDA Food News

Written by M. Sean High, Research Assistant

Penn State Law, Agricultural Law Center