How to Decide When to Challenge GIPSA Enforcement Actions Under the Packers and Stockyards Act

Each year, the USDA’s Grain Inspection, Packers and Stockyards Administration (GIPSA) initiates over one-hundred enforcement actions against packers, dealers, market agencies, live poultry dealers and other regulated entities for alleged violations of the Packers and Stockyards (P&S) Act. These actions are taken for alleged unfair and deceptive trade practices, or anticompetitive behavior, such as collusion

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Steps to Prevent Allergen Recalls – A Practice Tip from Ms. Gloom

FDA, USDA / Jolyda O. Swaim

Anyone who is remotely involved in the food arena knows that the number one reason for a recall of meat and poultry regulated under USDA’s Food Safety and Inspection Service (FSIS) or all other types of food regulated under the Food and Drug Administration (FDA) is an undeclared allergen. In fact, a quick review of

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“Time”-ly Tip from Dr. Doom

USDA / OFW Law

There has been a great deal of noise in the media recently about “plants running without inspection” and the significance to both the establishment and to FSIS. It is important to remember that no operations requiring inspection shall be conducted “except under the supervision of a program employee.” FSIS provides that supervision in a variety

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Tune up and Be Ready – A Practice Tip from Dr. Doom

USDA / OFW Law

FSIS has indicated that based on some recent “negative events;” they will be increasing verification activities. Increased verification should not mean increased noncompliance. We should do what we say we are going to do and document that we did it—each and every time. That said, we all know life isn’t always perfect. Therefore, I would

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Federal Crop Insurance Sets Prices for Corn, Wheat, Cotton, and Soybeans

USDA / Kenneth D. Ackerman

This week, USDA’s Federal Crop Insurance Corporation (FCIC) announced its projected prices for all FCIC crop insurance policies with March 15 sales deadlines for the 2014 crop year, including: Corn: $4.62 per bushel; Cotton: $0.78 per pound; Soybeans: $11.36 per bushel; and Wheat: $6.51 Projected prices were also announced for barley, canola, grain sorghum, popcorn,

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GE To The Rescue

Public Policy, USDA / John R. Block

It’s not new news to report that genetically engineered (GE) products are under assault. We are in free trade talks with Europe. The EU public is adamantly opposed to GE food. There are bills in 23 of our state legislatures to label foods that contain GE products. The naysayers have a loud voice. However, you

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Farm Bill Redefines Dairy and Trade Activities

Public Policy, USDA / OFW Law

By Nathan Fretz On February 7, the President signed the Agricultural Act of 2014 (the “Farm Bill”) into law. Over a series of blog posts, we will focus on various provisions within the Farm Bill, with a particular focus on some of the provisions that may not have received the level of media attention as

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The 2014 Farm Bill: The Challenge for Farm Producers

Public Policy, USDA / Kenneth D. Ackerman

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 / Stewart D. Fried

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

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Hidden Gems in the Farm Bill

EPA, FDA, Public Policy, USDA / OFW Law

By Nathan Fretz After three years of work, Congress passed the Agricultural Act of 2014 (the “farm bill”), which the President signed into law on Friday, February 7. Despite a tumultuous and partisan 2012 and summer of 2013, the farm bill conference report was approved by conferees and sailed through the House and Senate with

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

FDA, OFW Law News, USDA / Jolyda O. Swaim

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

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

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

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.

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John Block: U.S. Corn and China’s Bad Faith Collide

Public Policy, USDA / John R. Block

By John R. Block, as published in the Des Moines Register As complex as the world trading system has become, it still fundamentally relies on something as simple as trust — that nations and people will be as good as their word. Most basically, it requires that those who enter into mutually agreed upon contracts will

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

OFW Law News, USDA / Kenneth D. Ackerman

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

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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 / Kenneth D. Ackerman

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)

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Happy New Year? Farm Bill Blues

Public Policy, USDA / Marshall L. Matz

By Marshall L. Matz, as published by Agri-Pulse A few weeks ago Vice President Biden presented the George McGovern Award to Bob Dole for his effort in the fight against global hunger. The ceremony was sponsored by the World Food Program and held in the Senate Caucus Room. It was a wonderful and too rare evening

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OSHA Games the System to Target Small Farmers

Public Policy, USDA / John G. Dillard

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

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OFW Law’s MMXIII in Retrospect

FDA, Health Care, OFW Law News, Public Policy, USDA / Arthur Y. Tsien

As MMXIV starts, it’s time for a retrospective look at MMXIII. What follows is a list of noteworthy events from MMXIII in our food, drug, medical device, and agriculture corner of the universe, focusing on matters that were of particular interest to OFW Law’s attorneys and Senior Policy Advisors and our clients. We start, of

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John Block: Our Water Transportation

Public Policy, USDA / John R. Block

Happy New Year. I threw away my 2013 calendar and hung up the new one. There is a lot to get done in the new year. But, today I want to talk about one specific project. We need to modernize our water transportation system. Our locks and dams on the Upper Mississippi are old and

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

USDA / Roger R. Szemraj

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

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10 Ag-Related Items to Watch in 2014

EPA, Public Policy, USDA / John G. Dillard

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

U.S. Farm Income

Public Policy, USDA / OFW Law

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.

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John Block: What’s In The Farm Bill?

Public Policy, USDA / John R. Block

The obvious issues in the farm bill are nutrition programs, crop insurance, and farm safety net supports. However, there are some important sections in the bill that could be almost as important that don’t get much attention. The first one deals with trade. Trade accounts for 25 percent of U.S. farm receipts. When we plant

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John Block: Free Trade With Europe

Public Policy, USDA / John R. Block

We should get a farm bill in January. It appears that we now have a budget. That helps because now the Ag Department will know how much money the Department has to spend. Let’s keep the pressure on to get it done. The subject that I want to focus on today has not had enough

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

USDA / Kenneth D. Ackerman

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

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John Block: Cabinet Meetings

Public Policy, USDA / John R. Block

We all know that Republicans and Democrats are at each others’ throats and we can’t seem to get anything done. It also appears that President Obama has not demonstrated the kind of leadership to move things along. No one wants to take responsibility. Sometimes, “the left hand doesn’t know what the right hand is doing.”

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John Block: Bounty of Food

Miscellaneous, USDA / John R. Block

I hope you have a happy Thanksgiving this year. The celebration of Thanksgiving dates back to our ancestors who settled this country. They didn’t have any of the comforts that we take for granted today. They were just thankful to have a roof over their head and food to eat. Even today, there are people

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A Safe Thanksgiving

Miscellaneous, USDA / OFW Law

I am always amazed each Thanksgiving that my friends have questions on “cooking turkey.” I am even more amazed that they ask me questions, because I have a solid reputation for not being able to cook anything! That said, perhaps they ask because I do know how to make certain the turkey makes it safely

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A SNAP It’s Not

Public Policy, USDA / Marshall L. Matz

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.

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John Block: Farm Bill Conflict

Public Policy, USDA / John R. Block

We don’t have a budget yet. We don’t have a farm bill. House Ag Committee Chairman Frank Lucas (R-OK) hopes to have a draft bill by week’s end. Debbie Stabenow (D-MI), Senate Ag Committee Chair, acknowledges there are a lot of differences to be worked out, but she has hope. They are both hoping. The

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John Block: Down on the Farm

USDA / John R. Block

I was on the farm earlier in the week and I am now in Kansas City at the National Association of Farm Broadcasters convention. Harvesting our crop at the farm this fall has been so smooth. However, spring planting season was so difficult. It seemed to rain all the time. Most of our crop ground

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

USDA / Brett Schwemer

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

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

OFW Law News, USDA / John G. Dillard

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

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Former Secretary Block Comments on Farm Bill

Public Policy, USDA / OFW Law

Will we get a farm bill or won’t we get a farm bill? No one knows at this point. There are still a number of unanswered questions. The biggest fight is over how much to cut the spending on food stamps. We have 50 million people receiving food stamps now and growing. House Republicans want

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Building the Relationship

USDA / OFW Law

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

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USDA

How to Decide When to Challenge GIPSA Enforcement Actions Under the Packers and Stockyards Act

Steps to Prevent Allergen Recalls – A Practice Tip from Ms. Gloom

“Time”-ly Tip from Dr. Doom

Tune up and Be Ready – A Practice Tip from Dr. Doom

Federal Crop Insurance Sets Prices for Corn, Wheat, Cotton, and Soybeans

GE To The Rescue

Farm Bill Redefines Dairy and Trade Activities

The 2014 Farm Bill: The Challenge for Farm Producers

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

Hidden Gems in the Farm Bill

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

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

John Block: U.S. Corn and China’s Bad Faith Collide

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

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

Happy New Year? Farm Bill Blues

OSHA Games the System to Target Small Farmers

OFW Law’s MMXIII in Retrospect

John Block: Our Water Transportation

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

10 Ag-Related Items to Watch in 2014

U.S. Farm Income

John Block: What’s In The Farm Bill?

John Block: Free Trade With Europe

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

John Block: Cabinet Meetings

John Block: Bounty of Food

A Safe Thanksgiving

A SNAP It’s Not

John Block: Farm Bill Conflict

John Block: Down on the Farm

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

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

Former Secretary Block Comments on Farm Bill

Building the Relationship

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