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Documents on agriculture
 

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HTMLSustainable Growth and Agricultural Preservation Act of 2012 a/k/a The Septic Bill
Linowes Blocher LLP;
Legal Alert/Article
February 13, 2012, previously published on February 1, 2012
There is a new septic bill in town and it is known as Senate Bill 236 (SB 236) titled "Sustainable Growth and Agricultural Preservation Act of 2012."

 

HTMLSupreme Court Rules Federal Meat Inspection Act Preempts California's Ban on Slaughter of Non-Ambulatory Animals
Riëtte van Laack; Hyman, Phelps & McNamara, P.C.;
Legal Alert/Article
January 30, 2012, previously published on January 26, 2012
On Monday, January 23, 2012, the U.S. Supreme Court ruled that a California state law prohibiting the slaughter, processing, and sale of any non-ambulatory animals is preempted by the Federal Meat Inspection Act (“FMIA”).

 

HTMLSupreme Court Decides National Meat Assn. v. Harris
Bruce Jones, Lance W. Lange; Faegre Baker Daniels;
Legal Alert/Article
January 24, 2012, previously published on January 23, 2012
On January 23, 2012, the Supreme Court decided National Meat Association v. Harris, No. 10-224, holding that the preemption provision of the Federal Meat Inspection Act (FMIA) expressly preempts a California law barring the purchase, sale, or processing of, or the sale of meat from,...

 

HTMLCongressional Representatives Press FDA For Action on Third-Party Audits
Ricardo Carvajal; Hyman, Phelps & McNamara, P.C.;
Legal Alert/Article
January 23, 2012, previously published on January 22, 2012
In tandem with the release of a House Energy and Commerce Committee staff report on last year’s outbreak of Listeria monocytogenes in cantaloupe, members of that committee sent Commissioner Hamburg a letter calling for reforms in the conduct and oversight of third-party audits.

 

HTMLThe Iowa Supreme Court Decides A Lender’s Security Interest Is Inferior To Later Perfected Feed Supplier Liens
Ronald L. Comes, James J. Niemeier; McGrath North Mullin & Kratz, PC LLO;
Legal Alert/Article
January 17, 2012, previously published on January 2012
In 2010 we reported on an unfavorable decision for secured lenders to livestock producers in Iowa issued by the Iowa District Court for Sioux County, Doon Elevator Company v. American State Bank, Case No. LACV022572 (the “Doon Decision”). The Doon Decision allowed an elevator that...

 

HTMLQualified Agricultural Property Exemption
Daniel P. Perk; Miller Johnson;
Legal Alert/Article
January 6, 2012, previously published on January 4, 2012
Real property that is either classified as agricultural or used primarily for agricultural purposes may receive a qualified agricultural property exemption. It's exempt from certain local school operating taxes, typically up to 18 mills. In effect, property with a qualified agricultural property...

 

HTMLAllegations of Conspiracy to Limit Crop Production: Ripe for Analysis Under Capper-Volstead
Don T. Hibner; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
December 29, 2011, previously published on December 28, 2011
On December 2, 2011, the district court denied a motion to dismiss antitrust conspiracy claims against potato grower cooperatives in several states. In re Fresh and Process Potatoes Antitrust Litigation, United States District Court for the District of Idaho, Case No. 4:10-MD-2186-BLW. The...

 

HTMLGIPSA Final Rule Emerges with Limited Provisions
Jacob D. Bylund, John D. Shively, Kimberly J. Walker; Faegre & Benson LLP;
Legal Alert/Article
December 22, 2011, previously published on December 19, 2011
When last seen at the end of 2010, GIPSA's the controversial rules the Grain Inspection Packers and Stockyards Administration ("GIPSA") proposed rules to implement significant changes in livestock markets had disappeared into the U.S. Department of Agriculture. GIPSA The Grain Inspection...

 

HTMLProposed New CAP Regulations
Bertie Hoskyns-Abrahall, Ruth Morris, Matthew Woods; Withers Bergman LLP/Withers LLP;
Legal Alert/Article
October 14, 2011, previously published on October 14, 2011
Recent articles in the press have commented on leaked drafts of the new single farm payment regulations. The proposed regulations were published officially by the European Commission this week and unsurprisingly are not that different from the leaked documents.

 

HTMLClass Action Lawsuit Alleges Bear Naked Foods Not "Natural"
Cassandra A. Soltis; Hyman, Phelps & McNamara, P.C.;
Legal Alert/Article
September 30, 2011, previously published on September 28, 2011
There is yet another lawsuit to add to the growing list of class actions against companies marketing foods bearing “natural” claims. On September 21, 2011, a class action complaint was filed in California against Bear Naked, Inc. (“Bear Naked” or “the Company”),...

 


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