Category Archives Issue 551

The U.S. Food and Drug Administration (FDA) has published a draft environmental impact statement (EIS) for a proposed rule establishing science-based standards for the growing, harvesting, packing and holding of produce for human consumption. The draft EIS reportedly identifies the following rule provisions as potentially significant to the human environment and offers alternatives for consideration: (i) standards directed to agricultural water, (ii) standards directed to biological soil amendments (BSA) of animal origin, (iii) standards directed to domesticated and wild animals, and (iv) general provisions. The agency has also announced a February 10, 2015, public meeting in College Park, Maryland, to discuss the draft EIS. See Federal Register, January 14, 2015.   Issue 551

A bipartisan group of U.S. representatives has proposed legislation that would reduce excise taxes levied on the first two million barrels of beer sold annually by small brewers. Reps. Erik Paulsen (R-Minn.) and Richard Neal (D-Mass.) were joined by Reps. Peter DeFazio (D-Ore.), Earl Blumenauer (D-Ore.), Patrick McHenry (R-N.C.), and Patrick Meehan (R-Penn.) in proposing the “Small Brewer Reinvestment and Expanding Workforce Act” (Small BREW Act) to impose an excise tax rate of $3.50 per barrel on the first 60,000 barrels and $16 per barrel on the next 1,940,000 barrels. If passed, the law would apply only to brewers that produce six million barrels or fewer each year. “Small brewers—long an important part of American culture and history—have enjoyed a tremendous growth in popularity in recent years,” Meehan said in a January 8, 2015, press release. “But while our brewing industry has evolved, our tax code hasn’t evolved with it.…

The National Law Journal (NLJ) recently recognized Shook, Hardy & Bacon Agribusiness & Food Safety Co-Chair Madeleine McDonough among the 50 attorneys selected for its inaugural class of Litigation Trailblazers & Pioneers. “The ‘Litigation Trailblazers & Pioneers’ list recognizes those professionals who have acted as real agents of change in their field, elevating—and in some cases, redefining—the ways in which litigation is pursued, cases are defended or trials are handled,” NLJ publisher Tom Larranaga said. “They have raised the bar in several meaningful ways and are establishing important new standards as the legal landscape continues to evolve.” McDonough has represented more than 65 companies regulated by the Food and Drug Administration over her 25-year career at Shook and told NLJ that whenever possible she helps clients avoid litigation through anticipatory risk management. “I’ve learned that a lot of issues can be resolved before trial,” she said. “If you have to…

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