According to a press report, the U.S. Department of Justice (DOJ) plans to oppose the request for $90.8 million in attorney’s fees filed by counsel for African-American farmers who sued the U.S. Department of Agriculture for discrimination in the administration of farm loan programs. Additional information about the fee petition appears in Issue 405 of this Update. While DOJ lawyers have not yet filed a formal opposition to the fee petition, in other court papers they have apparently indicated that “the government does not agree with every point made by plaintiffs in support of final approval of this settlement agreement.” The fee request represents 7.4 percent of the proposed $1.25 billion settlement. Ten individuals reportedly filed an objection to the settlement earlier in August, contending that settling the matter before discovery would be detrimental to plaintiffs who would lose their bargaining leverage with the federal government. See The BLT: The…
Category Archives Department of Agriculture
The U.S. Department of Agriculture (USDA) has rejected New York City Mayor Michael Bloomberg’s (I) plan to prohibit residents from using food stamps to buy sugar-sweetened beverages and soda. In October 2010, Bloomberg and state officials had proposed a two-year experiment that would exclude the drinks from USDA’s Supplemental Nutrition Assistance Program (SNAP) in an effort to reduce obesity. In an August 19, 2011, letter to a state official, SNAP’s associate administrator Jessica Shahin wrote that the waiver was denied because of concerns that the “scale and scope” of the plan were “too large and complex” to implement and evaluate. Asserting that it would be too difficult to assess the ban’s effectiveness, Shahin instead suggested that USDA collaborate with the city on “anti-obesity intervention targeting consumption and associated behaviors while encouraging healthy choices.” Expressing disappointment with the decision, Bloomberg said, “We think our innovative pilot would have done more to…
The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) has issued a proposed rule that would establish regulations to improve the traceability of livestock moving interstate when disease has been identified. According to APHIS, the proposal aims to provide a new “adoptable approach that will help us find animals associated with a disease quickly, focus our efforts on those animals, and minimize harm to producers.” Defining animal disease traceability as “knowing where diseased and at-risk animals are, where they’ve been, and when,” the plan would require livestock moving interstate, unless exempted, to be (i) officially identified by approved forms for each species, such as metal eartags for cattle, and (ii) accompanied by an interstate certificate of veterinary inspection or other documentation, such as owner-shipper statements or brand certificates. Alternative forms of identification, such as brands or tattoos, would be permitted if agreed to by receiving states or…
The U.S. Department of Agriculture’s National Organic Program (NOP) has issued a final rule renewing exemptions for 12 substances on the National List of Allowed and Prohibited Substances, which governs the use of synthetic and nonsynthetic ingredients in organic production and handling. After reviewing public input, the National Organic Standards Board recommended renewals for the following substances set to expire in September 2011: (i) ferric phosphate and hydrogen chloride (synthetic substances used in organic farming); (ii) egg white lysozyme, L-Malic acid and microorganisms (nonsynthetic, nonorganic substances used as ingredients and in processed organic products); and (iii) activated charcoal, cyclohexylamine, diethylaminoethanol, octadecylamine, peracetic acid/peroxyacetic acid, sodium acid pyrophosphate, and tetrasodium pyrophosphate (synthetic, nonorganic substances used as ingredients and in processed organic produces). The final rule becomes effective September 12, 2011.
The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) has issued a public health alert “due to concerns about illnesses caused by Salmonella Heidelberg that may be associated with the use and consumption of ground turkey.” According to FSIS, an epidemiological investigation led by the Centers for Disease Control and Prevention (CDC) and state health departments has linked an estimated 77 illnesses in 26 states to a Springdale, Arkansas, plant operated by Cargill Meat Solutions Corp., which voluntarily recalled 36 million pounds of ground turkey produced between February 20 and August 2. “The outbreak strain of Salmonella Heidelberg is resistant to several commonly prescribed antibiotics; this antibiotic resistance may increase the risk of hospitalization or possible treatment failure in infected individuals,” stated an August 4, 2011, CDC investigation update. “Consumers should check their homes for recalled ground turkey products and not eat them; restaurant and food service operators…
The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) has issued a proposed rule that would require raw meat and poultry products that contain injected marinades or solutions to be named in a way that clearly distinguishes them from 100 percent meat or poultry products. According to FSIS, consumers are likely unaware that“enhanced products” may contain increased levels of sodium because current labels are unclear as to whether a solution has been added. For example, under current rules, 100 percent chicken breasts and products containing 60 percent chicken and 40 percent solution may both be called and labeled “chicken breast.” The latter product must indicate that a solution has been added, but manufacturers have been doing so in typefaces and fonts that can be difficult to read. To avoid misbranding, FSIS proposes that the labels feature (i) as the product’s “name” an accurate description of the product with the percent…
The U.S. Department of Agriculture’s (USDA’s) recent decision to exempt genetically engineered (GE) Kentucky bluegrass from federal approval has reportedly stirred debate over how the agency regulates biotech crops, with some critics calling the outcome “a blatant end-run around regulatory oversight.” According to a July 1, 2011, press release, USDA’s Animal and Plant Health Inspection Service (APHIS) dismissed a petition from the Center for Food Safety and International Center for Technology Assessment claiming that GE bluegrass developed by Scotts Miracle-Gro for golf courses should be regulated as a “noxious weed” under the Plant Protection Act. After conducting its assessment, APHIS apparently declined to regulate “Kentucky bluegrass, GE or traditional,” as a federal noxious weed because it does not contain plant pest components. As a July 7 New York Times article further explained, GE crops “are regulated under rules pertaining to plant pests” that “are really meant for pathogens and parasites,…
The U.S. Department of Agriculture’s (USDA’s) Food Safety and Inspection Service (FSIS) has announced an expansion of the Salmonella Initiative Program (SIP) to help industry reduce foodborne pathogens in raw meat and poultry products. The agency has extended the comment period to September 12, 2011. According to FSIS, the voluntary, incentive-based program allows “participating establishments to operate under certain regulatory waivers to try new procedures, equipment or processing techniques to better control Salmonella.” As a condition for participation, establishments selected for SIP must regularly collect product samples to test for Salmonella, campylobacter and generic E. coli, and then share the data with the agency. FSIS has set new deadlines for establishments currently operating with regulatory waivers to apply for SIP and has allowed a “limited number of establishments to operate with modified line speed” which will be evaluated by a National Institute for Occupational Safety and Health study. See USDA…
The United States and Mexico have signed a memorandum of understanding (MOU) that resolves a long-haul, cross-border trucking dispute involving “retaliatory tariffs” on more than $2 billion in U.S. exports, including food and agricultural products. According to the U.S. Department of Transportation (DOT), the July 6, 2011, agreement will “lift tariffs and put safety first.” Under the agreement, Mexico will immediately suspend half of the retaliatory tariffs imposed in March 2009, with the remaining 50 percent to be removed within five days of the first Mexican trucking company receiving U.S. operating authority. In return, Mexican long-haul truck drivers will be allowed to ship goods into the United States after complying with, among other things, the Federal Motor Vehicle Safety Standards and electronic vehicle monitoring designed to track “hours-of-service compliance” to ensure that drivers make cross-border shipments and not “domestic cargo between points within the United States.” According to U.S. Agriculture…
A federal court in California has denied Safeway, Inc.’s motion to dismiss or stay proceedings alleging that it has an obligation to use information in its loyalty card customer database to provide email notice about produce recalls ordered by the Food and Drug Administration (FDA) or U.S. Department of Agriculture. Hensley-Maclean v. Safeway, Inc., No. 11-1230 (N.D. Cal., order entered June 13, 2011). Additional details about the case, which was first filed in state court, appear in Issue 380 of this Update. The grocery company argued that the “primary jurisdiction doctrine” or “equitable abstention” required the court to dismiss or stay the litigation “until and unless regulatory agencies have had the opportunity to consider and adopt appropriate rules governing the obligations a grocery store has with respect to providing its customers notice of such recalls.” According to Safeway, the Food Safety Modernization Act requires FDA to develop notice guidelines by…
