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The 2014 Farm Bill: The Challenge for Farm Producers

Public Policy, USDA /

The 2014 Farm Bill creates a new environment for American agriculture far more friendly to producers who are experienced and comfortable using USDA’s Federal crop insurance program under the Federal Crop Insurance Corporation (FCIC).  Not only did Congress repeal many of the older crop programs administered by USDA’s Farm Service Agency, including Direct Payments, Countercyclical […]

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After FL Convenience Store Loses Food Stamp Vendor Authorization, USDA’s Food and Nutrition Service Reverses Course in a SNAP

OFW Law News, USDA /

The wheels of justice frequently turn with glacial speed in federal court litigation, especially in cases brought against the United States government.  A recent Middle District of Florida lawsuit brought by OFW Law on behalf of a central Florida convenience store in a SNAP vendor case is a notable exception.  This federal action addressed the

After FL Convenience Store Loses Food Stamp Vendor Authorization, USDA’s Food and Nutrition Service Reverses Course in a SNAP Read More »

Practical Tips From “Dr. Doom and Ms. Gloom”

FDA, OFW Law News, USDA /

Meet “Dr. Doom” and “Ms. Gloom” “Dr. Doom” Mixed in with the attorneys at OFW Law is the former USDA Food Safety Inspection Service’s (FSIS) Administrator, Dr. Barbara Masters.  Dr. Masters is a veterinarian who spent eighteen years with FSIS – the final three years as Acting Administrator and Administrator.  During her rise to the

Practical Tips From “Dr. Doom and Ms. Gloom” Read More »

Interpreting FSIS Directives, Notices and Regulatory Documents (Who’s on First…)

USDA /

When FSIS issues a regulation, they are required to do so by issuing a proposal in the Federal Register and seeking public input.  The regulations are, in effect, the laws that govern the way an establishment can operate.  The regulations for the meat and poultry industry are contained in Title 9 of the Code of

Interpreting FSIS Directives, Notices and Regulatory Documents (Who’s on First…) Read More »

Former Minority Counsel to House Ag Committee, Nathan Fretz, Joins OFW Law

1 Comment / OFW Law News, Public Policy, USDA /

We are pleased to announce that Nathaniel “Nathan” Fretz, Esq., formerly with the House Agriculture Committee staff, will be joining OFW in the practice of law.  Fretz, who will join our Government Relations Practice, also served in the U.S. Department of Agriculture’s Food Safety and Inspection Service. Please click the announcement, below, to enlarge it.

Former Minority Counsel to House Ag Committee, Nathan Fretz, Joins OFW Law Read More »

RMA “Self Certification”: Can Federal Crop Insurance AIPs Rely on It In Defending Against Farmer Claims?

OFW Law News, USDA /

Federal crop insurance provided by USDA’s Federal Crop Insurance Corporation (FCIC) and participating private companies (Approved Insurance Providers or AIPs) is often described as a program based on “self-certification.”  Farmers annually report their own acreage, ownership, yield histories, and other key information, mostly on an honor system.  FCIC and AIPs require support documents, and can

RMA “Self Certification”: Can Federal Crop Insurance AIPs Rely on It In Defending Against Farmer Claims? Read More »

OFW Law Wins Arbitration Decision Against Major Crop Insurance Company – Federal Agency Not Always Entitled to Deference in Interpretation of Its Rules

OFW Law News, USDA /

OFW Law recently prevailed in Arbitration on behalf of a farm producer against a major insurance provider under USDA’s Federal crop insurance program.  The case hinged on whether a foreign individual with an ownership interest several layers removed from the insured held a “substantial beneficial interest” (“SBI”) as defined in USDA Risk Management Agency (RMA)

OFW Law Wins Arbitration Decision Against Major Crop Insurance Company – Federal Agency Not Always Entitled to Deference in Interpretation of Its Rules Read More »

FNS Permanently Eliminates Grain and Protein Maximums; Allows Sugar to Process Frozen Fruit in School Nutrition Programs

USDA /

According to an advance copy of the rule made public earlier today, USDA’s Food and Nutrition Service will be making permanent the elimination of weekly maximums on grains and meat/meat alternates, and the allowance of processing frozen fruit with sugar, within the National School Lunch Program.  The rule will be published in the Federal Register on Friday, January

FNS Permanently Eliminates Grain and Protein Maximums; Allows Sugar to Process Frozen Fruit in School Nutrition Programs Read More »

U.S. Farm Income

Public Policy, USDA /

A Congressional Research Service (CRS) report from earlier in the month revealed that national net farm income—a key indicator of U.S. farm well-being—is forecast at a record $131 billion in 2013, up 15% from last year, and about $13 billion above 2011’s previous record. In addition to record net farm income, farm wealth is also at record levels.

U.S. Farm Income Read More »

Wetland Compliance: USDA’s National Appeals Division Confirms a Rule of Reason and Science

USDA /

Not all “wetlands” are equal.  And while protecting these previous environmental legacies is a high priority for USDA’s Farm Service Agency (FSA), its power to penalize farmers for inadvertent wetland conversions must be tempered by reason and science. The National Appeals Division (NAD) recently underscored this message in a Hearing Officer Determination (FSA chose not

Wetland Compliance: USDA’s National Appeals Division Confirms a Rule of Reason and Science Read More »

A SNAP It’s Not

Public Policy, USDA /

By Marshall L. Matz with Molly O’Connor, as published by Agri-Pulse The food stamp program, currently called SNAP (the Supplemental Nutrition Assistance Program) has exploded in size and may now be the biggest hurdle to a farm bill.  As of August, some 48 million Americans participated in the program at a cost of almost $80 billion a year.

A SNAP It’s Not Read More »

FSIS Rule Expanding Generic Label Approval Should Benefit Industry, but at What Cost?

USDA /

Last week, the Food Safety and Inspection Service (FSIS) published a final rule to significantly expand the categories of meat and poultry labels that may be generically approved without formally submitting them to FSIS for approval, as well as a Labeling Compliance Guidance regarding the final rule.  Currently, labels that are applied to meat and poultry

FSIS Rule Expanding Generic Label Approval Should Benefit Industry, but at What Cost? Read More »

Upcoming Webinar on Mandatory Country of Origin Labeling (CLE Credit Opportunity)

OFW Law News, USDA /

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 »

Building the Relationship

USDA /

In a time when there is an information vacuum, I would encourage all meat and poultry establishment operators to “build the relationship” with their FSIS inspection program personnel (IPP).  While these individuals have a specific job to perform, verification and enforcement of the regulations, we all have the same goal – the shipment of safe

Building the Relationship Read More »

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