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|Are Your “Natural” Food and Supplement Ingredients Really Natural? The National Organic Program Issues Draft Guidance Concerning Definition of Natural vs. Synthetic|
Riëtte van Laack; Hyman, Phelps & McNamara, P.C.;
April 6, 2013, previously published on April 5, 2013Under the Organic Food Production Act (“OFPA”), the National Organic Program (“NOP”) of the USDA is authorized to establish the National List of Allowed and Prohibited Substances (“National List”). This National List contains each synthetic substance that is...
|Second Circuit Orders Arbitration and Reverses District Court’s Decision in Parisi v. Goldman, Sachs & Co., Finding No Substantive Statutory Right to Pursue a Pattern or Practice Claim under Title VII|
Keisha-Ann G. Gray, Steven D. Hurd, Kathleen M. McKenna, Nigel F. Telman; Proskauer Rose LLP;
March 28, 2013, previously published on March 27, 2013On March 21, 2013, the Second Circuit issued its highly-anticipated decision enforcing an arbitration clause and holding that a Title VII plaintiff does not have a substantive right to proceed on a class-wide basis in arbitration or in court. Parisi v. Goldman, Sachs & Co., No. 11-5529-cv (2d...
|Interest Rates: How to Impose Rates Higher than the Statutory Rate|
David Brown; Weltman, Weinberg & Reis Co., L.P.A.;
March 26, 2013, previously published on March 19, 2013As counsel for commercial creditors of all kinds, I often see invoices that read, “1.5% finance charge per month after 30 days.” This translates to a high, but rather common interest rate of 18% per annum. Unfortunately, unless the interest rate was set forth and agreed to in an...
|FDA Public Comment Sessions: Engaging the Industry|
Bradley A. McKinney, Kimberly J. Walker; Faegre Baker Daniels;
March 21, 2013, previously published on March 20, 2013The U.S. Food and Drug Administration (FDA) recently concluded the second of three public meetings being held to solicit public comment on two Proposed Rules released by the agency in early January.
|Prelude to a Mandatory Food Recall - and Suspension of Registration?|
Hyman Phelps McNamara P.C.;
March 11, 2013, previously published on March 5, 2013The Notification of Opportunity to Initiate a Voluntary Recall that FDA recently issued to a pet treat manufacturer gives a good indication of the type of evidence and circumstances that can prompt the agency to exercise its new mandatory recall authority. Before mandating a recall under FDCA...
|Lien and Mean: These Obscure Liens Will Affect Secured Lenders|
Capehart Scatchard P.A.;
March 8, 2013, previously published on February 2013Any good secured lender knows to watch out for existing real estate liens, mechanic’s liens, and even good old-fashioned federal tax liens. However, lurking in the shadows are liens of which you may have never heard or never really understood. Allow this to be a checklist and primer on...
|BIA Issues Final Regulations Governing Residental, Business, and Wind and Solar Resource Leasing on Indian Lands|
Modrall Sperling Roehl Harris Sisk P.A.;
March 8, 2013, previously published on Winter 2013The Revised Rule: On November 27, 2012, the Bureau of Indian Affairs issued the long-awaited and substantially revised regulations addressing non-agricultural surface leasing of Indian land under the Indian Long Term Leasing Act.
|Bankruptcy Court Approves Sale of Stamp Farms Assets to Boersen Farms|
Laura J. Genovich; Foster, Swift, Collins & Smith, P.C.;
February 19, 2013, previously published on February 2013Following an expedited auction process, the United States Bankruptcy Court for the Western District of Michigan entered an order on February 8, 2013, approving the sale of substantially all of the assets of Stamp Farms to Boersen Farms, Inc. As many Michigan farmers are aware, Stamp Farms (and...
|Applications for Michigan AG Exporter of the Year Due March 12, 2013|
Liza C. Moore; Foster, Swift, Collins & Smith, P.C.;
February 19, 2013, previously published on February 2013The Michigan Department of Agriculture and Rural Development (MDARD) is accepting applications until March 12, 2013, with the top exporter receiving recognition at an event to be announced at a later date. To be eligible for the award, a company's products must be over 50 percent grown, processed...
|Farm Service Agency Guaranteed Loans: Simple Steps to Improve Performance|
Bruce Wallace; Nexsen Pruet, LLC;
February 15, 2013, previously published on February 12, 2013Associations that participate in the Farm Service Agency’s Guaranteed Loan Program understand how beneficial it can be. But, you might not recognize that through a few simple steps, you can improve your loan performance under the Program.