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|Court of Appeals Holds Owner Can be Held Liable for Negligence Because of Defective Front-End Loader|
Dirk H. Beckwith, Rachel N. Gizicki; Foster, Swift, Collins & Smith, P.C.;
September 1, 2014, previously published on August 21, 2014The Michigan Court of Appeals recently held that a plaintiff who fell from a front-end loader (also known as a pay loader or bucket loader) that was missing part of the ladder used to access the cabin, had a claim of ordinary negligence against the owner.
|Understanding FDA’s Post-FSMA Authority to Access Records|
Carlota Hopinks-Baul; Husch Blackwell LLP;
August 18, 2014, previously published on August 6, 2014As FDA exercises its inspection authority under section 201 of the Food Safety Modernization Act (“FSMA”), it’s important to understand what records inspectors can/can’t ask for and to respond to overreaching with tact.
|Multi-Million Dollar Settlement is a Reminder to Agricultural Industry to Monitor Farm Labor Contractors|
Hillary L. Klein; Husch Blackwell LLP;
August 18, 2014, previously published on August 11, 2014In June, four Hawaii growers agreed to pay $2.4 million to settle claims related to the growers’ use of Thai H2-A visa workers supplied by farm labor contractor Global Horizons. The EEOC, which filed suit on behalf of the Thai workers, alleged that Global Horizons misled impoverished Thai...
|The D.C. Circuit’s en banc opinion in American Meat Institute and the Conflict Minerals Rule|
Daniel J. Thompson; Husch Blackwell LLP;
August 18, 2014, previously published on August 13, 2014On July 29th, in American Meat Institute v. U.S. Department of Agriculture, the U.S. Court of Appeals for the D.C. Circuit, sitting en banc, held that country-of-origin labeling of meat products is not unconstitutionally compelled speech in violation of the First Amendment. This outcome increases...
|Russia Retaliates Against Sanctions by Blocking U.S. Agricultural Imports|
Cortney O'Toole Morgan, Linda K. Tiller; Husch Blackwell LLP;
August 11, 2014, previously published on August 7, 2014On August 6, 2014, President Vladimir Putin signed an “Executive Order On Applying Certain Special Economic Measures to Ensure the Security of the Russian Federation.” The order places restrictions on food and agricultural imports into Russia from countries that have imposed sanctions...
|Creating Conditions for Budget Revenue Increase and Tax Fairness|
Dentons Canada LLP;
July 31, 2014, previously published on July 23, 2014 The draft “Law on Amendments to the Tax Code of Ukraine and Some Other Legislative Acts of Ukraine” was registered by the Verkhovna Rada of Ukraine on 22 July 2014 under number 4309¿.
|USDA Orders Reporting of Porcine Epidemic Diarrhea Virus|
Todd W. Hoppe, Liza C. Moore; Foster, Swift, Collins & Smith, P.C.;
July 25, 2014, previously published on July 18, 2014Over 7 million pigs have died from the Porcine Epidemic Diarrhea Virus (PEDv) since May 2013. The infected pigs come from farms of all sizes in 30 states and four Canadian Provinces. While the virus doesn’t affect humans or the safety of pork products, it is a matter of great concern to pork...
|More Time to Comment on Expansive EPA Clean Water Proposed Rules: Deadline Extended|
Liza C. Moore; Foster, Swift, Collins & Smith, P.C.;
July 25, 2014, previously published on July 18, 2014In April 2014, the Environmental Protection Agency published a proposed rule defining the “waters of the United States,” meaning the waters regulated by the government through the Clean Water Act (CWA). As has been widely reported in the farm media, many people have serious concerns...
|Job Training Reform Bill Clears Congress; President’s Approval Expected This Week|
Charles D. "Chip" Nottingham; Husch Blackwell LLP;
July 22, 2014, previously published on July 16, 2014 Employers in sectors such as manufacturing, energy and agriculture faced with significant shortages of skilled labor, received a major boost from Congress last week. The long-awaited job training program reform bill “Workforce Innovation and Opportunity Act” received bipartisan...
|Clean Air Act Does Not Require EPA to Regulate Emissions From Animal Feeding Operations|
Julian Harrell; Taft Stettinius & Hollister LLP;
July 19, 2014, previously published on July 17, 2014Animal feeding operations (“AFOs”), which include confined animal feeding operations (“CAFOs”), emit a host of chemicals into the air, including ammonia, hydrogen sulfide, particulate matter and volatile organic compounds (“AFO emissions”). Air emissions studies...