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|New California State Regulations for Cannabis Manufacturers and "Specialty Cottage" Farmers|
Neal Gidvani, Rachel K. Gillette, Joshua B. Goldstein, Lance Rogers, Phillip Silvestri; Greenspoon Marder;
October 25, 2016, previously published on October 3, 2016On Thursday, Governor Jerry Brown signed into law three bills affecting the state’s medical cannabis laws. The most significant of which will remove criminal penalties for cannabis manufacturers under Health & Safety Code § 11379.6, commonly referred to as the “meth house...
|U.S. Court of Appeals Blocks New OSHA Fertilizer Rules Because of Improper Rulemaking|
Joseph S. Dreesen; Jackson Lewis P.C.;
October 7, 2016, previously published on October 3, 2016The Occupational Safety and Health Administration failed to go through the proper rulemaking process before mandating retailers to implement new stricter storage standards for anhydrous ammonia fertilizer, the U.S. Court of Appeals for the D.C. Circuit has ruled. Agricultural Retailers Association...
|Nebraska Farm Business Contracts, Tax Strategies, Regulatory Changes and More|
Jason M. Bruno, Brian Buescher, Matthew Ottemann, Trev Peterson, Jesse Sitz, Anthony Todero; Sherrets Bruno & Vogt, LLC;
October 4, 2016, previously published by National Business Institute on Summer 2006Article addressing aspects of farm/agricultural law, including farm business contracts, regulatory changes, tax strategies, regulatory changes, tips for lawyers handling cases, and ethical issues for lawyers
|Upcoming Changes to the Use of Antibiotics in Food Animals|
Bose McKinney Evans LLP;
September 26, 2016, previously published on September 20, 2016By January 1, 2017, farmers, veterinarians and feed suppliers must comply with the Federal Drug Administration’s revised Veterinary Feed Directive (VFD) for certain antibiotics. Historically, many feed-grade antibiotics used in or on animal feeds have been available to farmers...
|Supplemental Register Gets Nod from Trademark Trial & Appeal Board|
Sarah Nagae; Nexsen Pruet, LLC;
September 26, 2016, previously published on September 19, 2016On September 8, the Trademark Trial and Appeal Board lent support to the strength of a registration on the Supplemental Register, indicating that it is worthwhile to pursue federal registration, even if that means your mark ends up on this secondary register.
|Who Owns Farm Data?|
Luke C. Holst; McGrath North Mullin & Kratz, PC LLO;
September 12, 2016, previously published on Second Quarter 2016As farmers gear up for planting season, a common question asked is who owns farm data generated by agriculture technology providers (“ATP”)? The answer isn’t as simple as it should seem.
|Industrial Agriculture Linked to Birth Defects|
Waters Kraus LLP;
September 12, 2016, previously published on August 23, 2016When you think about the causes of birth defects and childhood cancer, farming probably doesn’t leap to the top of your mind. But now that America’s traditional family farms have been gobbled up all over the country by industrial agriculture, that’s what’s happening. Factory...
|Father and Son Food Company Executives Sentenced to Prison for Salmonella Outbreak|
Douglas J. Behr, Arthur S. Garrett, Eric P. Gotting, Robert S. Niemann, Manesh K. Rath; Keller and Heckman LLP;
August 17, 2016, previously published on August 2, 2016The United States Court of Appeals for the Eighth Circuit recently upheld the sentences of two corporate executives at an Iowa egg production company who were each sentenced to three months in prison, and fined $100,000 for their role in a 2010 salmonella outbreak that affected as many as 56,000...
|OSHA Issues Rules for Food Safety Whistleblower Cases|
David E. Dubberly; Nexsen Pruet, LLC;
August 5, 2016, previously published on May 9, 2016On April 18, 2016, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) issued final procedural rules for investigating whistleblower cases under the Food Safety Modernization Act (FSMA). The new rules give employees who claim they have been retaliated against...
|United States Senate Reaches Bipartisan Agreement to Establish First Mandatory, Nationwide Labeling Requirements for Bioengineered Foods|
Melvin S. Drozen, Alissa D. Jijon, Leslie T. Krasny, Evangelia C. Pelonis; Keller and Heckman LLP;
July 29, 2016, previously published on June 27, 2016On Thursday, June 23, 2016, United States Senators Debbie Stabenow (D-MI) and Pat Roberts (R-KS) reached a bipartisan agreement which would amend the Agricultural Marketing Act of 1946 to require the Secretary of Agriculture to establish the first mandatory, nationwide labeling standard for...