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:
Avian Influenza: New HPAI Indemnity
Rules become Effective
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 and amend
the previous HPAI indemnity regulations to: 1) allow indemnity payments to be split
between poultry/egg owners and contractors; 2) clarify that eggs are eligible
for indemnity payments; and 3) require that owners and contractors of large
facilities provide statements that prior to the detection of HPAI in their
facility, they had in place, and were following, a biosecurity plan. For more information see previous Penn State Agricultural Law Blog post.
Labeling: House Votes to Make Menu Labeling
Less Stringent
On
February 12, 2016, the United States House of Representatives voted 266 – 144 to
pass the Common Sense Nutrition Disclosure Act of 2015 (H.R. 2017), which would
make less stringent the Food and Drug Administration’s (FDA) menu labeling
requirements for nutrition information displayed by certain food establishments (such as restaurants,
pizza shops, supermarkets, and convenience stores). Significantly, on February 10, 2016, the
Obama administration issued a press release opposing H.R. 2017, stating that if
enacted, the legislation “would reduce consumers' access to nutrition
information…likely create consumer confusion…[and] create unnecessary delays in
the implementation of menu labeling.”
Avian Influenza: Indiana Animal
Health Officials Set Date to Remove HPAI Restrictions
On
February 4, 2016, the Indiana State Board of Animal Health issued a press release announcing the lifting of certain restrictions that had been in place
since a January outbreak of highly pathogenic avian influenza (HPAI) within the
state. According to the press release, provided
that no new HPAI tests are reported, the state “expects to release the 10-km
control area and the additional 10-km surveillance zone on Monday, Feb. 22.”
The quarantines on infected sites, however, will continue “until final
site-cleanup requirements are met.”
Animal Welfare: Judge Blocks Horse Slaughter
and Sale of Horsemeat in New Mexico
On
February 4, 2016, New Mexico District Judge Francis J. Mathew issued a
Stipulated Final Order permanently enjoining Defendants Valley Meat Company,
LLC, Dairyland Packing, Inc., Mountain View Packing, LLC, and Richard De Los
Santos, non-parties Jose Hernandez, Ryoichi Okubo, and D’Allende Meats, LLC, “from
slaughter horses for human consumption, and from manufacturing, selling or
distributing horsemeat products for human consumption in New Mexico.” The case was brought against the Defendants by
New Mexico Attorney General Hector H. Balderas.
Crop Insurance: Kentucky Farmer
Sentenced for Crop Insurance Fraud
On
February 2, 2016, the United States Attorney’s Office for the Western District
of Kentucky issued a press release announcing that Kentucky farmer Tracy E.
Dillard “was sentenced by United States District Judge Greg N. Stivers, to
serve eight months in prison followed by a three year term of supervised
release and ordered to pay restitution in the amount of $711,958.00 for
committing crop insurance fraud.” According
to the press release, Dillard had previously admitted in court to “knowingly
making false statements and reports on insurance claims submitted to Producers
Agriculture Insurance Company, a company insured by the Federal Crop Insurance
Corporation (FCIC).”
GMOs: Kenya Approves Limited
Release of GM Maize Seeds
On
February 9, 2016, Kenya’s National Biosafety Authority “granted a conditional approval only for environmental release for the purpose of conducting National
Performance Trials (NPTs) and collecting compositional analysis data but not
for cultivation, importation or placing on the market of the Bt Maize.” Bt
Maize (MON810) is a Monsanto produced, genetically modified, insect-protected corn
hybrid.
Food Safety: Slaughterhouse Owner
Sentenced for Selling Condemned and Uninspected Cattle
On
February 11, 2016, the United States Attorney’s Office for the Northern
District of California issued a press release announcing that “Jesse ‘Babe’
Amaral, Jr., owner of the now-defunct Petaluma slaughterhouse Rancho Feeding
Corporation, was sentenced today to 12 months and one day of imprisonment for
leading a conspiracy to distribute adulterated, misbranded, and uninspected
meat.” In addition to the aforementioned prison time, United States District
Judge Charles R Breyer also sentenced Amaral “to two years’ supervised release,
one of which will be served in a residential re-entry facility.”
