There is frequent tension between the spirit of the law versus the letter of the law. Obeying the “spirit of the law” means following the intent of those who drafted it. Following the “letter of the law” means following the law as written – verbatim. Oftentimes, there is daylight between the two. Using vagaries to beat the system is one
OSHA Games the System to Target Small Farmers Read More »
By John G. Dillard, as published on his AgWeb.com Blog – Ag in the Courtroom With 2013 nearly in the books and the holiday season nearly behind us, its time to prepare for the challenges that face us in the coming year. While I am no expert on forecasting long-range weather patterns, commodity market fluctuations, or predicting the
10 Ag-Related Items to Watch in 2014 Read More »
Missouri’s Attorney General, Chris Koster, used the Missouri Farm Bureau’s annual meeting to announce that he intends to sue the State of California to overturn a law that will limit most commercially-produced eggs from entering the state. Such a lawsuit was only a matter of time as many of the country’s egg producers are forced to either
Missouri AG Plans to Sue California Over Egg Import Restrictions Read More »
The National Agricultural Law Center is hosting a webinar on USDA’s Country of Origin Labeling rule for meat sold in retail establishments. The webinar, “COOL or Not-So-COOL: An Overview and Discussion of Country of Origin Labeling,” will take place on November 14, 2013, at 1 PM (EST). The webinar will feature a friendly point-counterpoint discussion
Upcoming Webinar on Mandatory Country of Origin Labeling (CLE Credit Opportunity) Read More »
FDA published its proposed animal food rule, Current Good Manufacturing Practice and Hazard Analysis and Risk-Based Preventive Controls for Food for Animals, in the Federal Register yesterday. The proposed rule, which FDA promulgated pursuant to section 103 of the Food Safety Modernization Act (FSMA), will require entities in the livestock feed and pet food industry
FDA Released its Proposed Animal Food Rule: What’s in it? Read More »
On Monday, a group of trade associations representing the spectrum of America’s beef and pork production system issued an urgent plea to USDA Secretary Tom Vilsack and the Office of the U.S. Trade Representative Ambassador Froman. The coalition wants USDA’s Agricultural Marketing Service (AMS) to hold off on enforcing new country of origin labeling requirements until the
Livestock & Meat Groups Want COOL Relief Pending WTO Review Read More »
Opponents of USDA’s new mandatory Country-of-Origin-Labeling (mCOOL) rule received a setback this morning. A federal judge denied the mCOOL opponents request for a preliminary injunction, which would have halted implementation of the new labeling rule pending ultimate resolution of whether the new mCOOL rule was lawful. Opponents of the mCOOL rule argued that the new mCOOL
Judge Denies Attempt to Stop New COOL Rule Read More »
The United States has irked its neighbors with a meat labeling mandate that may have the effect of discriminating against Canadian and Mexican livestock. The Canadian and Mexican governments believe that USDA’s new mandatory Country-of-Origin-Labeling (mCOOL) Rule is a thinly-veiled technical trade barrier that will be devastating to their respective livestock sectors, which are dependent
Canada, Mexico Think U.S. Labeling Requirements are un-COOL Read More »
Ignorance of the law excuses no man. Not that all men know the law, but because ‘tis an excuse every man will plead, and no man can tell how to refute him. That sentiment, expressed by John Selden, a 16th Century English judge, still holds true today. However, with all due respect to our country’s
EPA Steps Up Criminal Enforcement Efforts Against Livestock Farmers Read More »
The discovery and isolation of a naturally-occurring gene is not eligible for patent protection. Such was the holding issued by the U.S. Supreme Court in a unanimous opinion in Association for Molecular Pathology v. Myriad Genetics, Inc. While the Court’s decision has drawn both praise and ire from different pockets of the biotech community, the
Supreme Court Draws the Line on Genes and Patentability Read More »
In an important ruling that will almost certainly be appealed, the U.S. District Court for the District of Columbia recently held that several animal rights activists groups are jointly and severally liable for the attorney’s fees Feld Entertainment, the producer of Ringling Bros. & Barnum & Bailey Circus (“Ringling”), spent defending an Endangered Species Act
Animal Activist Groups Saddled With Attorney’s Fees for “Groundless” Lawsuit Read More »
There have been new developments in the Alt v. EPA case (AgFDABlog first reported on this case in October). EPA bit off more than it could chew when it went after Lois Alt – a West Virginia chicken farmer who is not afraid of a fight. Now, facing a lawsuit from Alt and opposition from
Chicken Farmer, American Farm Bureau Don’t Want to Let EPA Off the Hook Read More »
FSIS test and hold is the mandatory federal requirement that food establishments and importers of record retain control of any product sampled by the Food Safety and Inspection Service and prevent that product from entering commerce until FSIS confirms negative laboratory results. When FSIS places your product under test and hold, the decisions your establishment
What Happens When FSIS Places Your Product Under Test and Hold Read More »
It’s safe to say there is no love lost between the Humane Society of the United States (HSUS) and the National Pork Producers Council (NPPC). HSUS is the so-called animal rights organization devoted to ending modern animal agriculture. The NPPC is the voice of America’s hog farmers on policy and advocacy issues. Needless to say,
