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Documents on agriculture
 

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HTMLFDA Issues Draft Compliance Guide on Pet Food Intended to Diagnose, Cure, Mitigate, Treat or Prevent Disease, Including Obesity
Riëtte van Laack; Hyman, Phelps & McNamara, P.C.;
Legal Alert/Article
September 27, 2012, previously published on September 20, 2012
Earlier this month, FDA announced the publication of a draft level 1 Compliance Policy Guide (“CPG”) titled “Labeling and Marketing of Nutritional Products Intended for Use to Diagnose, Cure, Mitigate, Treat or Prevent Disease in Dogs and Cats.”

 

HTMLIn Agricultural Regulation, A "Flawed Rate" is Not a "Filed Rate" For Damage Purposes
Don T. Hibner; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
September 24, 2012, previously published on September 19, 2012
Notwithstanding the general applicability of the Filed Rate Doctrine, the Ninth Circuit recently held that it does not necessarily bar producer class actions for overcharges. Whether a given rating authority has “rejected” a rate under its regulatory jurisdiction, albeit after the fact,...

 

HTMLDown on the Farm Bill: A Drought-Like Legislative Outlook
Bradley A. McKinney; Faegre Baker Daniels;
Legal Alert/Article
September 7, 2012, previously published on September 5, 2012
The congressional Farm Bill debate took place in earnest in late June through mid-July, up until both chambers recessed for the month of August. The full Senate passed its version, the Agriculture Reform, Food, and Jobs Act of 2012 (S. 3240) on Thursday, June 21, 2012 by a vote of 64-35. The House...

 

HTMLAdministrative Regulations on the Inspection and Supervision of Labeling of Imported and Exported Prepackaged Food
John V. Grobowski, James Zhang; Faegre Baker Daniels;
Legal Alert/Article
September 5, 2012, previously published on August 30, 2012
To further the implementation of the PRC Food Safety Law and Administrative Measures on Imported and Exported Food Safety (summarized in our June 2012 update), the State Administration of Quality Supervision, Inspection and Quarantine ("AQSIQ") issued the Administrative Regulations on the...

 

HTMLCourt of Appeals Clarifies Agricultural Exemption To The Use Tax
Nicholas M. Oertel; Foster, Swift, Collins & Smith, P.C.;
Legal Alert/Article
September 5, 2012, previously published on August 2012
The Michigan Use Tax Act has several notable exemptions, one of which is the agricultural exemption. The agricultural use tax exemption covers "[p]roperty sold to a person engaged in a business enterprise and using and consuming the property... in the breeding, raising, or caring for...

 

HTMLUSDA Designates Four Counties In Michigan As Primary Natural Disaster Areas Due To Drought
Liza C. Moore; Foster, Swift, Collins & Smith, P.C.;
Legal Alert/Article
September 5, 2012, previously published on August 2012
On July 25, 2012, the U.S. Department of Agriculture (USDA) announced that four counties in Michigan were designated as primary natural disaster areas due to this summer’s drought: Branch, Cass, Hillsdale, and St. Joseph. The following counties also qualify for natural disaster assistance...

 

HTMLCalifornia Labeling Requirements for Organic Cosmetics Not Preempted
Riëtte van Laack; Hyman, Phelps & McNamara, P.C.;
Legal Alert/Article
August 16, 2012, previously published on August 14, 2012
The Organic Food Products Act of 1990 (“OFPA”) established national standards for the marketing of certain agricultural products marketed as organically produced. It directed USDA to issue regulations specifying the requirements for certification and labeling of organic agricultural...

 

HTMLUSDA Designates 72 Michigan Counties as Primary Natural Disaster Areas
Liza C. Moore; Foster, Swift, Collins & Smith, P.C.;
Legal Alert/Article
August 15, 2012, previously published on July 2012
On July 2, 2012, the USDA announced the designation of 72 counties in Michigan as primary disaster areas due to damages and losses caused by severe weather in January 1 - May 11, 2012. These counties include:

 

Adobe PDFArkansas High Court Finds Pollution Exclusion Not A Bar To Coverage For Nuisance And Trespass Claims
Hunton Williams LLP;
Legal Alert/Article
August 9, 2012, previously published on August 2012
In Scottsdale Insurance Company v. Morrow Valley Land Valley Company, No. 11-905, 2012 WL 1950247 (Ark. May 31, 2012), the Supreme Court of Arkansas held that a pollution exclusion in a commercial general liability insurance policy was ambiguous and, therefore, did not bar a defense for a lawsuit...

 

HTMLMinnesota Court Clarifies Agricultural Exemption under Minnesota Fair Labor Standards Act
David J. Duddleston, V. John Ella; Jackson Lewis LLP;
Legal Alert/Article
July 18, 2012, previously published on July 16, 2012
Unlike the federal Fair Labor Standards Act, an exemption under the Minnesota Fair Labor Standards Act (MFLSA) for agricultural workers does not apply to workers who are paid on an hourly basis, according to the Minnesota Court of Appeals. In re Labor Law Violation of Daley Farm of Lewiston, No....

 


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