A comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions HERE.

JUDICIAL: Food Law, Hemp

In McAfee v. United States Food & Drug Admin., No. 21-5170, 2022 WL 2080444 (D.C. Cir. June 10, 2022), dairy farmer challenged Food and Drug Administration’s (FDA) denial of his petition to FDA to revoke its rule barring interstate sale of raw butter. Farmer and FDA filed cross motions for summary judgment, and the United States District Court for the District of Columbia granted FDA’s motion and denied farmer’s motion. Farmer appealed. The Court of Appeals held that FDA was not required to engage in rulemaking to repeal regulation banning interstate sale of unpasteurized butter and affirmed the district court’s decision.

In Hemp Indus. Ass’n v. Drug Enf’t Admin., No. 21-5111, 2022 WL 2080447 (D.C. Cir. June 10, 2022), hemp industry association and hemp product producer filed suit against Drug Enforcement Administration (DEA), seeking declaratory and injunctive relief preventing DEA from enforcing Controlled Substances Act (CSA) against two necessary byproducts of hemp-extract production process, namely, intermediate hemp material (IHM) and waste hemp material (WHM), and repeatedly referencing and challenging DEA’s conclusions in interim final rule, providing that hemp derivatives, extracts, and products exceeding 0.3% delta-9 tetrahydrocannabinol (THC) were subject to regulation under CSA, even if derived from below-threshold hemp plant. The United States District Court for the District of Columbia granted DEA’s motion to dismiss for lack of subject matter jurisdiction. Association and producer appealed. The Court of Appeals held that subject matter jurisdiction was lacking over complaint, and association and producer lacked standing to pursue declaratory relief regarding DEA’s interim final rule.

LEGISLATIVE: Includes Kansas, Louisiana, Minnesota

KANSAS

HB 2559 creates a state cotton boll weevil program and requires the program to levy an assessment upon the state’s produced cotton and monitor and mitigate the risk of boll weevils. Info here.

LOUISIANA

SB 293 creates state sales tax rebate for the purchase of certain agricultural fencing materials by commercial farmers. Info here.

LOUISIANA

HB 283 provides that timber harvest season permits are for the operation of a vehicle or combination of vehicles that will be used to transport pulp wood, wood chips, unrefined timber, or woody biomass products in their natural state. Info here.

MINNESOTA

HF 3420 appropriates money for drought relief, establishes cooperative grants for farmers, establishes farm down payment assistance grants, and creates a soil health financial assistance pilot program. Info here.

REGULATORY: AMS, APHIS, FNS, USFS

AGRICULTURAL MARKETING SERVICE

Notice announcing the 2022/2023 rates AMS will charge for voluntary grading, inspection, certification, auditing, and laboratory services for a variety of agricultural commodities including meat and poultry, fruits and vegetables, eggs, dairy products, rice, and cotton and tobacco. Info here.

Notice announcing that AMS is providing an additional 30 days for comments and information from the public regarding competition-related challenges in the U.S. fertilizer market and other obstacles to producers accessing affordable, responsibly manufactured fertilizer. Info here.

ANIMAL AND PLANT HEALTH INSPECTION SERVICE

Proposed rule to revise the regulations that govern domestic quarantines for various plant pests by removing lists of quarantined areas and regulated articles from the regulations in order to maintain these lists on web pages maintained by the Agency. Info here.

FOOD AND NUTRITION SERVICE

Final rule updating the Supplemental Nutrition Assistance Program civil rights assurance template language for the Federal-State Agreement. These updates do not contain any new requirements and would codify protections already required by Federal law and existing policy. Info here.

UNITED STATES FOREST SERVICE

Notice announcing that USFS is revising the Sierra and Sequoia National Forests Land Management Plans. Info here.