House Resolution 2742, the “Fighting Inhumane Gambling and High-Risk Trafficking (FIGHT) Act,” would amend the Animal Welfare Act to add a citizen suit provision to enjoin violations of the statute’s prohibitions relating to animal fighting ventures. The bill was introduced by Representative Don Bacon and has been referred to the House Agriculture Committee.
This Week's Spotlights
Legislative Spotlights
Bill Would Authorize Citizen Suits Against Animal Fighting Ventures
Bill Would Require NIH-Funded Experiment Facilities to Offer Dogs, Cats, and Rabbits for Adoption
House Resolution 2878, the “Companion Animal Release from Experiments Act of 2023,” would require research facilities that use dogs, cats, or rabbits for research purposes, and receive funding from the National Institutes of Health (NIH), to offer such animals for adoption after completion of such research. The bill was reintroduced by Representative Tony Cárdenas and has been referred to the House Energy and Commerce Committee.
House Resolution 2878, the “Companion Animal Release from Experiments Act of 2023,” would require research facilities that use dogs, cats, or rabbits for research purposes, and receive funding from the National Institutes of Health (NIH), to offer such animals for adoption after completion of such research. The bill was reintroduced by Representative Tony Cárdenas and has been referred to the House Energy and Commerce Committee.
North Dakota Legislation Aims to Expand Animal Agriculture Operations
North Dakota Governor Doug Burgum signed House Bill 1371, which allows an authorized livestock farm corporation or limited liability company to own or lease farmland or ranchland in North Dakota if the entity has no more than 10 shareholders or members. According to Governor Burgum, the purpose of the bill is to expand animal agriculture operations in the state, including dairy and pork production, feedlots, and “opportunities. . . to get into the poultry business.”
North Dakota Governor Doug Burgum signed House Bill 1371, which allows an authorized livestock farm corporation or limited liability company to own or lease farmland or ranchland in North Dakota if the entity has no more than 10 shareholders or members. According to Governor Burgum, the purpose of the bill is to expand animal agriculture operations in the state, including dairy and pork production, feedlots, and “opportunities. . . to get into the poultry business.”
North Carolina Bill Would Require Public Schools to Offer Plant-Based Meal Options at Every Meal
North Carolina House Bill 653 would require public schools to offer at least one plant-based entrée meal option at all school meals. If enacted, the requirement would become applicable in the 2023-24 school year. The bill has been referred to the Rules, Calendar, and Operations of the House Committee.
North Carolina House Bill 653 would require public schools to offer at least one plant-based entrée meal option at all school meals. If enacted, the requirement would become applicable in the 2023-24 school year. The bill has been referred to the Rules, Calendar, and Operations of the House Committee.
North Carolina Bill Would Phase Out Manure Lagoons and Require Minimum Standards of Confinement for Farmed Animals
North Carolina House Bill 659 would phase out the use of manure lagoons on hog farms by September 1, 2027, would direct the Board of Agriculture to establish “minimum humane standards for cows, poultry, and swine,” and would impose criminal liability on farms that violate minimum humane standards effective January 1, 2024. The bill has been referred to the Rules, Calendar, and Operations of the House Committee.
North Carolina House Bill 659 would phase out the use of manure lagoons on hog farms by September 1, 2027, would direct the Board of Agriculture to establish “minimum humane standards for cows, poultry, and swine,” and would impose criminal liability on farms that violate minimum humane standards effective January 1, 2024. The bill has been referred to the Rules, Calendar, and Operations of the House Committee.
North Carolina Bill Would Establish Permitting Program for Dry Litter Poultry Operations
North Carolina House Bill 722 would create a permitting program for dry litter poultry operations and require studies relating to pollution by dry litter poultry operations. The bill has been referred to the Rules, Calendar, and Operations of the House Committee. On the same day the bill was introduced, the Environmental Justice Clinic at Vermont Law & Graduate School submitted a civil rights complaint against the North Carolina Environmental Management Commission and Department of Environmental Quality to the U.S. Environmental Protection Agency (EPA) alleging that the North Carolina departments have discriminated against Native, Black, and Latino communities in affected areas by failing to adequately regulate the dry litter poultry industry. The complaint was filed on behalf of Friends of the Earth, Lumber River Waterkeeper Jefferson Curie, and environmental organizer Donna Chavis.
North Carolina House Bill 722 would create a permitting program for dry litter poultry operations and require studies relating to pollution by dry litter poultry operations. The bill has been referred to the Rules, Calendar, and Operations of the House Committee. On the same day the bill was introduced, the Environmental Justice Clinic at Vermont Law & Graduate School submitted a civil rights complaint against the North Carolina Environmental Management Commission and Department of Environmental Quality to the U.S. Environmental Protection Agency (EPA) alleging that the North Carolina departments have discriminated against Native, Black, and Latino communities in affected areas by failing to adequately regulate the dry litter poultry industry. The complaint was filed on behalf of Friends of the Earth, Lumber River Waterkeeper Jefferson Curie, and environmental organizer Donna Chavis.
Case Law Spotlights
Federal Judge Halts Logging Project in Grizzly Bear Habitat Near the Montana-Canada Border
A federal judge entered a preliminary injunction in an Endangered Species Act case brought by the Center for Biological Diversity, Alliance for the Wild Rockies, Yaak Valley Forest Council, WildEarth Guardians, and Native Ecosystems Council against the U.S. Forest Service, halting logging and road construction for the large Knotty Pine timber sale project in the Kootenai National Forest. Plaintiffs argue that the project threatens a small, imperiled population of grizzly bears near the Montana-Canada border. The order prohibits the U.S. Forest Service from any ground-disturbing activities until the court issues a final ruling on the merits of the case.
A federal judge entered a preliminary injunction in an Endangered Species Act case brought by the Center for Biological Diversity, Alliance for the Wild Rockies, Yaak Valley Forest Council, WildEarth Guardians, and Native Ecosystems Council against the U.S. Forest Service, halting logging and road construction for the large Knotty Pine timber sale project in the Kootenai National Forest. Plaintiffs argue that the project threatens a small, imperiled population of grizzly bears near the Montana-Canada border. The order prohibits the U.S. Forest Service from any ground-disturbing activities until the court issues a final ruling on the merits of the case.
Indian Tribe Alleges Utah Farm Has Been Diverting Tribal Water for Cattle for Over a Decade
The Ute Indian Tribe filed a lawsuit in the U.S. District Court for the District of Utah against a Utah cattle farm, claiming it diverted water protected under multiple treaties the tribe has with the government and that it used tribal land to grow crops. The tribe alleges that McKee Farms, and its owner Gregory McKee, operate a farm and fertilizer business within the boundaries of the Uintah and Ouray Reservation and have been diverting tribal water for cattle since at least 2012. Plaintiff is seeking declaratory judgment, injunctive relief, and damages.
The Ute Indian Tribe filed a lawsuit in the U.S. District Court for the District of Utah against a Utah cattle farm, claiming it diverted water protected under multiple treaties the tribe has with the government and that it used tribal land to grow crops. The tribe alleges that McKee Farms, and its owner Gregory McKee, operate a farm and fertilizer business within the boundaries of the Uintah and Ouray Reservation and have been diverting tribal water for cattle since at least 2012. Plaintiff is seeking declaratory judgment, injunctive relief, and damages.
U.S. Affiliates of Canada’s Leading Pork Producer File for Chapter 11 Bankruptcy Protection
Three U.S. affiliates of Canada's leading pork producer, HyLife Group Holdings, Ltd., a live hog and pork processing company with facilities in Canada, the U.S., Mexico, China, and Japan, filed for Chapter 11 protection in Delaware on Thursday with more than $100 million in secured debt and seeking $16 million in bankruptcy financing to carry out the sale of a Minnesota pig processing facility. Tritek International Inc., a Delaware corporation, attributed the financial problems to the lingering effects of the COVID-19 pandemic. Tritek affiliates HyLife Foods Windom LLC, a 226,737-square-foot pork processing facility in Windom, Minnesota, and Canwin Farms LLC, a contract grower operation that works with farms in South Dakota to grow pigs, also filed for bankruptcy, with Tritek asking to be the lead debtor.
Three U.S. affiliates of Canada's leading pork producer, HyLife Group Holdings, Ltd., a live hog and pork processing company with facilities in Canada, the U.S., Mexico, China, and Japan, filed for Chapter 11 protection in Delaware on Thursday with more than $100 million in secured debt and seeking $16 million in bankruptcy financing to carry out the sale of a Minnesota pig processing facility. Tritek International Inc., a Delaware corporation, attributed the financial problems to the lingering effects of the COVID-19 pandemic. Tritek affiliates HyLife Foods Windom LLC, a 226,737-square-foot pork processing facility in Windom, Minnesota, and Canwin Farms LLC, a contract grower operation that works with farms in South Dakota to grow pigs, also filed for bankruptcy, with Tritek asking to be the lead debtor.
Agency Spotlights
USDA Announces Funding Programs to Expand Meat and Poultry Processing Options for Indigenous and Underserved Communities
The U.S. Department of Agriculture announced the availability of up to $125 million through two new grant programs, the Indigenous Animals Harvesting and Meat Processing Grant Program and the Local Meat Capacity Grant Program, that will invest in tribal and underserved regional food processors and help meat and poultry farmers expand their businesses.
The U.S. Department of Agriculture announced the availability of up to $125 million through two new grant programs, the Indigenous Animals Harvesting and Meat Processing Grant Program and the Local Meat Capacity Grant Program, that will invest in tribal and underserved regional food processors and help meat and poultry farmers expand their businesses.
California Labor Commissioner Reaches $1.47 Million Settlement to Resolve Wage Theft Claims Against Los Angeles Poultry Processing Companies and Their Owner
The California Labor Commissioner's Office announced it has reached a $1.47 million settlement with multiple Los Angeles-area poultry processors and their owner to resolve claims they underpaid hundreds of workers and failed to compensate for overtime, rest breaks, and waiting time. The deal resolves a hearing officer's decision to uphold wage-theft citations against Tony Bran and his companies: The Exclusive Poultry Inc., J.T. Foods Specialty, and D8 Poultry LLC.
The California Labor Commissioner's Office announced it has reached a $1.47 million settlement with multiple Los Angeles-area poultry processors and their owner to resolve claims they underpaid hundreds of workers and failed to compensate for overtime, rest breaks, and waiting time. The deal resolves a hearing officer's decision to uphold wage-theft citations against Tony Bran and his companies: The Exclusive Poultry Inc., J.T. Foods Specialty, and D8 Poultry LLC.
Proposed DoD Rule Would Require Military Dogs to be Offered for Adoption at the End of their Service
The Department of Defense (DoD) is proposing to amend the Defense Federal Acquisition Regulation Supplement with a regulation requiring military dogs to be offered for adoption at the end of their service. The DoD will accept public comments on the proposed rule through June 26, 2023.
The Department of Defense (DoD) is proposing to amend the Defense Federal Acquisition Regulation Supplement with a regulation requiring military dogs to be offered for adoption at the end of their service. The DoD will accept public comments on the proposed rule through June 26, 2023.
Other Spotlights
Polling Shows a Majority of U.S. Voters Support a Moratorium on CAFOs
Results of a Johns Hopkins Center for a Livable Future poll conducted from March 8-14, 2023, reveal that majority of U.S. voters support a moratorium on concentrated animal feeding operations (CAFOs), and overwhelmingly believe the federal government should support small and mid-sized agricultural operations. With the expiration of the 2018 Farm Bill at the end of 2023 and the current process of crafting a new Farm Bill underway, 80% of polled voters haven’t heard or read anything about the Farm Bill, which is consistent with responses in prior years.
Results of a Johns Hopkins Center for a Livable Future poll conducted from March 8-14, 2023, reveal that majority of U.S. voters support a moratorium on concentrated animal feeding operations (CAFOs), and overwhelmingly believe the federal government should support small and mid-sized agricultural operations. With the expiration of the 2018 Farm Bill at the end of 2023 and the current process of crafting a new Farm Bill underway, 80% of polled voters haven’t heard or read anything about the Farm Bill, which is consistent with responses in prior years.
Citibank Imposes New Requirements for Beef Industry Clients
Citibank published a report on its environmental, social, and governance-related activities which includes a new approach to agribusiness to mitigate deforestation impacts in certain regions and “related reputation risk.” The bank announced new requirements for ranchers, slaughterhouses, and processing facilities in the beef industry, including a commitment to tracking movement along the supply chain “with consideration of international norms and industry best practices.”
Citibank published a report on its environmental, social, and governance-related activities which includes a new approach to agribusiness to mitigate deforestation impacts in certain regions and “related reputation risk.” The bank announced new requirements for ranchers, slaughterhouses, and processing facilities in the beef industry, including a commitment to tracking movement along the supply chain “with consideration of international norms and industry best practices.”
Academic Spotlights
Researchers Demonstrate How Parrots Benefit from Video Chatting with Each Other
Researchers from the University of Glasgow and Massachusetts Institute of Technology report that parrots kept as pets who were taught to video chat with other parrots benefitted from the social interaction, demonstrated by their independent initiation of video chats, and even learned new behaviors from each other. Parrots who initiated the highest number of calls also received the most calls, suggesting a “reciprocal dynamic similar to human socialization,” some even vocalizing “Hi! Come here! Hello!” The use of video chat was explored as a way of improving the welfare of flock animals who are kept as single pets.
Researchers from the University of Glasgow and Massachusetts Institute of Technology report that parrots kept as pets who were taught to video chat with other parrots benefitted from the social interaction, demonstrated by their independent initiation of video chats, and even learned new behaviors from each other. Parrots who initiated the highest number of calls also received the most calls, suggesting a “reciprocal dynamic similar to human socialization,” some even vocalizing “Hi! Come here! Hello!” The use of video chat was explored as a way of improving the welfare of flock animals who are kept as single pets.
International Spotlights
Brazilian Judge Issues Historic Legal Opinion Banning Live Export of Cattle
A Brazilian court has banned live export of cattle from all the country’s ports. Federal judge Djalma Gomes wrote in the ruling that “Animals are not things. They are sentient living beings, that is, individuals who feel hunger, thirst, pain, cold, anguish, and fear.” Brazil’s agriculture minister has defended live export but has not yet confirmed whether the federal government will appeal the decision.
A Brazilian court has banned live export of cattle from all the country’s ports. Federal judge Djalma Gomes wrote in the ruling that “Animals are not things. They are sentient living beings, that is, individuals who feel hunger, thirst, pain, cold, anguish, and fear.” Brazil’s agriculture minister has defended live export but has not yet confirmed whether the federal government will appeal the decision.
Legislative Updates
Pending Federal Actions
Bill Would Allow Interstate Sales of State-Inspected Meat and Poultry
House Resolution 1646 would amend the Federal Meat Inspection Act and the Poultry Products Inspection Act to allow the interstate sale of state-inspected meat and poultry. The bill was introduced by Representative Alex Mooney and has been referred to the House Committee on Agriculture.
House Resolution 1646 would amend the Federal Meat Inspection Act and the Poultry Products Inspection Act to allow the interstate sale of state-inspected meat and poultry. The bill was introduced by Representative Alex Mooney and has been referred to the House Committee on Agriculture.
Bill Would Authorize Citizen Suits Against Animal Fighting Ventures
House Resolution 2742, the “Fighting Inhumane Gambling and High-Risk Trafficking (FIGHT) Act,” would amend the Animal Welfare Act to add a citizen suit provision to enjoin violations of the statute’s prohibitions relating to animal fighting ventures. The bill was introduced by Representative Don Bacon and has been referred to the House Agriculture Committee.
House Resolution 2742, the “Fighting Inhumane Gambling and High-Risk Trafficking (FIGHT) Act,” would amend the Animal Welfare Act to add a citizen suit provision to enjoin violations of the statute’s prohibitions relating to animal fighting ventures. The bill was introduced by Representative Don Bacon and has been referred to the House Agriculture Committee.
Bill Would Prohibit the USDA from Contracting with Companies with Labor Law Violations
Senate Bill 1288, the “Child Labor Exploitation Accountability Act” would prohibit the U.S. Department of Agriculture from contracting with companies that have committed certain labor law violations or have contracted with vendors that have incurred, and failed to rectify, serious worker or labor infractions. The bill was introduced by Senator Cory Booker and has been referred to the Committee on Health, Education, Labor, and Pensions.
Senate Bill 1288, the “Child Labor Exploitation Accountability Act” would prohibit the U.S. Department of Agriculture from contracting with companies that have committed certain labor law violations or have contracted with vendors that have incurred, and failed to rectify, serious worker or labor infractions. The bill was introduced by Senator Cory Booker and has been referred to the Committee on Health, Education, Labor, and Pensions.
Bill Would Allow Intra-State Distribution of Custom-Slaughtered Meat
House Resolution 2814, the “Processing Revival and Intrastate Meat Exemption (PRIME) Act,” would amend the Federal Meat Inspection Act to give individual states freedom to permit intrastate distribution of “custom-slaughtered meat” such as beef, pork, or lamb to consumers, restaurants, hotels, boarding houses, and grocery stores, even if the slaughter does not occur at a USDA-inspected facility. The bill was reintroduced by Representative Thomas Massie and has been referred to the House Agriculture Committee.
House Resolution 2814, the “Processing Revival and Intrastate Meat Exemption (PRIME) Act,” would amend the Federal Meat Inspection Act to give individual states freedom to permit intrastate distribution of “custom-slaughtered meat” such as beef, pork, or lamb to consumers, restaurants, hotels, boarding houses, and grocery stores, even if the slaughter does not occur at a USDA-inspected facility. The bill was reintroduced by Representative Thomas Massie and has been referred to the House Agriculture Committee.
Bill Would Require NIH-Funded Experiment Facilities to Offer Dogs, Cats, and Rabbits for Adoption
House Resolution 2878, the “Companion Animal Release from Experiments Act of 2023,” would require research facilities that use dogs, cats, or rabbits for research purposes, and receive funding from the National Institutes of Health (NIH), to offer such animals for adoption after completion of such research. The bill was reintroduced by Representative Tony Cárdenas and has been referred to the House Energy and Commerce Committee.
House Resolution 2878, the “Companion Animal Release from Experiments Act of 2023,” would require research facilities that use dogs, cats, or rabbits for research purposes, and receive funding from the National Institutes of Health (NIH), to offer such animals for adoption after completion of such research. The bill was reintroduced by Representative Tony Cárdenas and has been referred to the House Energy and Commerce Committee.
Enacted State Actions
North Dakota Legislation Aims to Expand Animal Agriculture Operations
North Dakota Governor Doug Burgum signed House Bill 1371, which allows an authorized livestock farm corporation or limited liability company to own or lease farmland or ranchland in North Dakota if the entity has no more than 10 shareholders or members. According to Governor Burgum, the purpose of the bill is to expand animal agriculture operations in the state, including dairy and pork production, feedlots, and “opportunities. . . to get into the poultry business.”
North Dakota Governor Doug Burgum signed House Bill 1371, which allows an authorized livestock farm corporation or limited liability company to own or lease farmland or ranchland in North Dakota if the entity has no more than 10 shareholders or members. According to Governor Burgum, the purpose of the bill is to expand animal agriculture operations in the state, including dairy and pork production, feedlots, and “opportunities. . . to get into the poultry business.”
Pending State Actions
Maine Bill Would Establish University Extension Education Courses on Meat and Poultry Processing
Maine Legislative Document 1767 would establish extension education at the University of Maine for meat and poultry processing. The bill has been referred to the Committee on Agriculture, Conservation, and Forestry.
Maine Legislative Document 1767 would establish extension education at the University of Maine for meat and poultry processing. The bill has been referred to the Committee on Agriculture, Conservation, and Forestry.
Michigan Bill Would Require Establishment of Certain Standards for Egg-Laying Hens in Primarily Residential Areas
Michigan House Bill 4462 would amend the state’s Right to Farm Act by directing the Commission of Agriculture and Rural Development to establish “generally accepted agricultural and management practices” for “rearing of egg-laying hens in primarily residential areas.” Those standards would need to include that “a) The property used for rearing egg-laying hens must be at least 1/4 acre in size. (b) The number of hens must not exceed 5 hens for every 1/4 acre of property size or a total of 25 hens, whichever is less.” The bill has been referred to the House Committee on Agriculture.
Michigan House Bill 4462 would amend the state’s Right to Farm Act by directing the Commission of Agriculture and Rural Development to establish “generally accepted agricultural and management practices” for “rearing of egg-laying hens in primarily residential areas.” Those standards would need to include that “a) The property used for rearing egg-laying hens must be at least 1/4 acre in size. (b) The number of hens must not exceed 5 hens for every 1/4 acre of property size or a total of 25 hens, whichever is less.” The bill has been referred to the House Committee on Agriculture.
Minnesota Bill Would Repeal New Law and Prohibit Wolf Hunting
Minnesota House File 2144 would repeal a 2022 law, authorizing hunting of wolves, to prohibit open season hunting of wolves even if the species loses federal protections. The bill would impose criminal penalties in addition to existing civil penalties for the unlawful killing of wolves and has been referred to the Committee on Environment and Natural Resources Finance and Policy.
Minnesota House File 2144 would repeal a 2022 law, authorizing hunting of wolves, to prohibit open season hunting of wolves even if the species loses federal protections. The bill would impose criminal penalties in addition to existing civil penalties for the unlawful killing of wolves and has been referred to the Committee on Environment and Natural Resources Finance and Policy.
North Carolina Bill Would Require Public Schools to Offer Plant-Based Meal Options at Every Meal
North Carolina House Bill 653 would require public schools to offer at least one plant-based entrée meal option at all school meals. If enacted, the requirement would become applicable in the 2023-24 school year. The bill has been referred to the Rules, Calendar, and Operations of the House Committee.
North Carolina House Bill 653 would require public schools to offer at least one plant-based entrée meal option at all school meals. If enacted, the requirement would become applicable in the 2023-24 school year. The bill has been referred to the Rules, Calendar, and Operations of the House Committee.
North Carolina Bill Would Ban the Sales and Use of Certain Pesticides that are Harmful to Bees
North Carolina House Bill 625 would prohibit the sales and use of certain pesticides that are harmful to bees. The bill has been referred to the House Agriculture Committee.
North Carolina House Bill 625 would prohibit the sales and use of certain pesticides that are harmful to bees. The bill has been referred to the House Agriculture Committee.
North Carolina Bill Would Phase Out Manure Lagoons and Require Minimum Standards of Confinement for Farmed Animals
North Carolina House Bill 659 would phase out the use of manure lagoons on hog farms by September 1, 2027, would direct the Board of Agriculture to establish “minimum humane standards for cows, poultry, and swine,” and would impose criminal liability on farms that violate minimum humane standards effective January 1, 2024. The bill has been referred to the Rules, Calendar, and Operations of the House Committee.
North Carolina House Bill 659 would phase out the use of manure lagoons on hog farms by September 1, 2027, would direct the Board of Agriculture to establish “minimum humane standards for cows, poultry, and swine,” and would impose criminal liability on farms that violate minimum humane standards effective January 1, 2024. The bill has been referred to the Rules, Calendar, and Operations of the House Committee.
North Carolina Bill Would Establish Permitting Program for Dry Litter Poultry Operations
North Carolina House Bill 722 would create a permitting program for dry litter poultry operations and require studies relating to pollution by dry litter poultry operations. The bill has been referred to the Rules, Calendar, and Operations of the House Committee. On the same day the bill was introduced, the Environmental Justice Clinic at Vermont Law & Graduate School submitted a civil rights complaint against the North Carolina Environmental Management Commission and Department of Environmental Quality to the U.S. Environmental Protection Agency (EPA) alleging that the North Carolina departments have discriminated against Native, Black, and Latino communities in affected areas by failing to adequately regulate the dry litter poultry industry. The complaint was filed on behalf of Friends of the Earth, Lumber River Waterkeeper Jefferson Curie, and environmental organizer Donna Chavis.
North Carolina House Bill 722 would create a permitting program for dry litter poultry operations and require studies relating to pollution by dry litter poultry operations. The bill has been referred to the Rules, Calendar, and Operations of the House Committee. On the same day the bill was introduced, the Environmental Justice Clinic at Vermont Law & Graduate School submitted a civil rights complaint against the North Carolina Environmental Management Commission and Department of Environmental Quality to the U.S. Environmental Protection Agency (EPA) alleging that the North Carolina departments have discriminated against Native, Black, and Latino communities in affected areas by failing to adequately regulate the dry litter poultry industry. The complaint was filed on behalf of Friends of the Earth, Lumber River Waterkeeper Jefferson Curie, and environmental organizer Donna Chavis.
North Carolina Bill Would Allocate Funding to Enhance Meat and Seafood Production
North Carolina House Bill 865 would allocate additional funding for workforce development and capacity enhancement by small livestock or seafood producers and processors in order to increase meat and seafood production in the state. The bill has been referred to the House Agriculture Committee.
North Carolina House Bill 865 would allocate additional funding for workforce development and capacity enhancement by small livestock or seafood producers and processors in order to increase meat and seafood production in the state. The bill has been referred to the House Agriculture Committee.
Case Law Updates
Idaho Custom Slaughter Operation Sues Multiple Defendants for Fraud
Sustainable Meats, LLC, an Idaho-based “organic and custom processing slaughter operation committed to humane animal handling and sustainable practices,” sued Griffon Holdings, LLC and multiple related entities and individuals for breach of contract, fraudulent inducement, fraud, unjust enrichment, and piercing the corporate veil in connection with modular slaughter units for which Plaintiff paid a $337,430 deposit but never received. Plaintiff alleges that defendants defrauded plaintiff when they contracted with it to provide consultation services and modular food processing units for $899,860.48 with $337,430 due upfront, but never actually delivered the units and refused to return the $337,430 deposit. Plaintiff also alleges that defendants’ alleged fraud cost it over $1 million damages for tarnished reputation. The case is pending in the U.S. District Court for the Northern District of Ohio.
Sustainable Meats, LLC, an Idaho-based “organic and custom processing slaughter operation committed to humane animal handling and sustainable practices,” sued Griffon Holdings, LLC and multiple related entities and individuals for breach of contract, fraudulent inducement, fraud, unjust enrichment, and piercing the corporate veil in connection with modular slaughter units for which Plaintiff paid a $337,430 deposit but never received. Plaintiff alleges that defendants defrauded plaintiff when they contracted with it to provide consultation services and modular food processing units for $899,860.48 with $337,430 due upfront, but never actually delivered the units and refused to return the $337,430 deposit. Plaintiff also alleges that defendants’ alleged fraud cost it over $1 million damages for tarnished reputation. The case is pending in the U.S. District Court for the Northern District of Ohio.
NMFS Agrees to Complete New Assessment of the Threat to Endangered Humpback Whales by Drift Gillnets
In response to Endangered Species Act litigation brought by the Center for Biological Diversity in the U.S. District Court for the Northern District of California, the National Marine Fisheries Service agreed to complete a new assessment of the threat of drift gillnets in California to endangered humpback whales. The mile-long hanging nets are left in the ocean overnight to catch large fish like Pacific bluefin tuna, swordfish, and thresher sharks.
In response to Endangered Species Act litigation brought by the Center for Biological Diversity in the U.S. District Court for the Northern District of California, the National Marine Fisheries Service agreed to complete a new assessment of the threat of drift gillnets in California to endangered humpback whales. The mile-long hanging nets are left in the ocean overnight to catch large fish like Pacific bluefin tuna, swordfish, and thresher sharks.
Sixth Circuit Temporarily Stays WOTUS Rule
The U.S. Court of Appeals for the Sixth Circuit stayed implementation of the latest “Waters of the United States” (WOTUS) Clean Water Act rule until May 10, 2023, finding that the U.S. Environmental Protection Agency (EPA) and Army Corps of Engineers have not identified “any particular interest in immediate enforcement of the final rule.” The stay came at the request of the State of Kentucky, the Kentucky Chamber of Commerce, and multiple business groups that are appealing a lower court dismissal of their lawsuits challenging the Biden administration’s WOTUS rule. “Given these circumstances, an administrative stay ‘is necessary to preserve the status quo and provide us with the opportunity to give “reasoned consideration” to the plaintiffs' motions for an injunction pending appeal,” the three-judge panel said.
The U.S. Court of Appeals for the Sixth Circuit stayed implementation of the latest “Waters of the United States” (WOTUS) Clean Water Act rule until May 10, 2023, finding that the U.S. Environmental Protection Agency (EPA) and Army Corps of Engineers have not identified “any particular interest in immediate enforcement of the final rule.” The stay came at the request of the State of Kentucky, the Kentucky Chamber of Commerce, and multiple business groups that are appealing a lower court dismissal of their lawsuits challenging the Biden administration’s WOTUS rule. “Given these circumstances, an administrative stay ‘is necessary to preserve the status quo and provide us with the opportunity to give “reasoned consideration” to the plaintiffs' motions for an injunction pending appeal,” the three-judge panel said.
Former Butterball Poultry Catcher Seeks to Revive Unfair Compensation Lawsuit
A former Butterball poultry catcher filed a motion for reconsideration and for leave to file a third amended complaint after a North Carolina federal judge dismissed his North Carolina Wage and Hour Act claim which alleges that new evidence from former Butterball employees shows that the company failed to pay workers based on their promised rate. Plaintiff alleges that testimony from third-party witnesses supports his assertion that Butterball, LLC did not properly compensate workers for all hours they worked, including overtime.
A former Butterball poultry catcher filed a motion for reconsideration and for leave to file a third amended complaint after a North Carolina federal judge dismissed his North Carolina Wage and Hour Act claim which alleges that new evidence from former Butterball employees shows that the company failed to pay workers based on their promised rate. Plaintiff alleges that testimony from third-party witnesses supports his assertion that Butterball, LLC did not properly compensate workers for all hours they worked, including overtime.
USDA Settles Civil Suit with Halal Producer Over Federal Meat Inspection Act and Poultry Products Inspection Act Violations
The U.S. Department of Justice, on behalf of the U.S. Department of Agriculture, has settled a civil suit filed in the U.S. District Court for the Eastern District of New York against a New York-based Halal meat and poultry producer and its owner over allegations that the Defendants repeatedly offered meats that had not been properly inspected despite several warnings from the U.S. Department of Agriculture’s Food Safety and Inspection Service. The Consent Judgment and Decree permanently enjoins the Defendants from violating the Federal Meat Inspection Act and the Poultry Products Inspection Act. If Defendants violate the Consent Decree, they will be liable for up to $1,000 per pound of misbranded or uninspected items.
The U.S. Department of Justice, on behalf of the U.S. Department of Agriculture, has settled a civil suit filed in the U.S. District Court for the Eastern District of New York against a New York-based Halal meat and poultry producer and its owner over allegations that the Defendants repeatedly offered meats that had not been properly inspected despite several warnings from the U.S. Department of Agriculture’s Food Safety and Inspection Service. The Consent Judgment and Decree permanently enjoins the Defendants from violating the Federal Meat Inspection Act and the Poultry Products Inspection Act. If Defendants violate the Consent Decree, they will be liable for up to $1,000 per pound of misbranded or uninspected items.
Federal Court Grants Partial Summary Judgment in Favor of Tuna Companies in Price-Fixing Case
The U.S. District Court for the Southern District of California granted partial summary judgment to Defendants StarKist Company, Del Monte Corporation, and Dongwon Industries Co., Ltd. in multidistrict litigation over alleged tuna price-fixing. Judge Dana Sabraw agreed with Defendants that Plaintiff tuna buyers, Associated Wholesale Grocers Inc. and Affiliated Foods Midwest Cooperative Inc., haven't come forward with enough evidence supporting their allegation that Defendants were party to an agreement, conspiracy, or combination to restrain trade in the canned tuna market before May 30, 2011.
The U.S. District Court for the Southern District of California granted partial summary judgment to Defendants StarKist Company, Del Monte Corporation, and Dongwon Industries Co., Ltd. in multidistrict litigation over alleged tuna price-fixing. Judge Dana Sabraw agreed with Defendants that Plaintiff tuna buyers, Associated Wholesale Grocers Inc. and Affiliated Foods Midwest Cooperative Inc., haven't come forward with enough evidence supporting their allegation that Defendants were party to an agreement, conspiracy, or combination to restrain trade in the canned tuna market before May 30, 2011.
Federal Judge Halts Logging Project in Grizzly Bear Habitat Near the Montana-Canada Border
A federal judge entered a preliminary injunction in an Endangered Species Act case brought by the Center for Biological Diversity, Alliance for the Wild Rockies, Yaak Valley Forest Council, WildEarth Guardians, and Native Ecosystems Council against the U.S. Forest Service, halting logging and road construction for the large Knotty Pine timber sale project in the Kootenai National Forest. Plaintiffs argue that the project threatens a small, imperiled population of grizzly bears near the Montana-Canada border. The order prohibits the U.S. Forest Service from any ground-disturbing activities until the court issues a final ruling on the merits of the case.
A federal judge entered a preliminary injunction in an Endangered Species Act case brought by the Center for Biological Diversity, Alliance for the Wild Rockies, Yaak Valley Forest Council, WildEarth Guardians, and Native Ecosystems Council against the U.S. Forest Service, halting logging and road construction for the large Knotty Pine timber sale project in the Kootenai National Forest. Plaintiffs argue that the project threatens a small, imperiled population of grizzly bears near the Montana-Canada border. The order prohibits the U.S. Forest Service from any ground-disturbing activities until the court issues a final ruling on the merits of the case.
Federal Court Rules that Insurance Company Must Reimburse Foster Farms for Costs Related to Defense of Turkey Antitrust Cases
The U.S. District Court for the Northern District of California ruled that an insurance company must reimburse Foster Farms, LLC for costs relating to antitrust suits that accused the poultry company of price-fixing in the turkey market. U.S. District Judge William H. Orrick granted summary judgment in favor of Foster Farms in a coverage dispute with its insurer, Everest National Insurance Company, after finding that the policy's “Specific Matter Exclusion,” which precludes coverage for liability related to underlying chicken antitrust suits, does not preclude coverage of turkey-related antitrust suits. The judge also held that Everest has an ongoing obligation to defend the company up to the policy limit.
The U.S. District Court for the Northern District of California ruled that an insurance company must reimburse Foster Farms, LLC for costs relating to antitrust suits that accused the poultry company of price-fixing in the turkey market. U.S. District Judge William H. Orrick granted summary judgment in favor of Foster Farms in a coverage dispute with its insurer, Everest National Insurance Company, after finding that the policy's “Specific Matter Exclusion,” which precludes coverage for liability related to underlying chicken antitrust suits, does not preclude coverage of turkey-related antitrust suits. The judge also held that Everest has an ongoing obligation to defend the company up to the policy limit.
Conservation Group Threatens Forest Service with ESA Suit Over West Virginia Coal Hauling Project
The Center for Biological Diversity served the U.S. Forest Service with a sixty-day notice of intent to sue the agency for alleged failure to protect endangered species like candy darters, Virginia big-eared bats, northern long-eared bats, Indiana bats, and several freshwater mussels from the harmful effects of coal hauling in the Monongahela National Forest in West Virginia.
The Center for Biological Diversity served the U.S. Forest Service with a sixty-day notice of intent to sue the agency for alleged failure to protect endangered species like candy darters, Virginia big-eared bats, northern long-eared bats, Indiana bats, and several freshwater mussels from the harmful effects of coal hauling in the Monongahela National Forest in West Virginia.
Indian Tribe Alleges Utah Farm Has Been Diverting Tribal Water for Cattle for Over a Decade
The Ute Indian Tribe filed a lawsuit in the U.S. District Court for the District of Utah against a Utah cattle farm, claiming it diverted water protected under multiple treaties the tribe has with the government and that it used tribal land to grow crops. The tribe alleges that McKee Farms, and its owner Gregory McKee, operate a farm and fertilizer business within the boundaries of the Uintah and Ouray Reservation and have been diverting tribal water for cattle since at least 2012. Plaintiff is seeking declaratory judgment, injunctive relief, and damages.
The Ute Indian Tribe filed a lawsuit in the U.S. District Court for the District of Utah against a Utah cattle farm, claiming it diverted water protected under multiple treaties the tribe has with the government and that it used tribal land to grow crops. The tribe alleges that McKee Farms, and its owner Gregory McKee, operate a farm and fertilizer business within the boundaries of the Uintah and Ouray Reservation and have been diverting tribal water for cattle since at least 2012. Plaintiff is seeking declaratory judgment, injunctive relief, and damages.
Conservation Group Awarded Over $300,000 in Attorneys’ Fees in CWA Lawsuit Against New Hampshire Fishery
The U.S. District Court for the District of New Hampshire awarded the Conservation Law Foundation $333,176.79 in attorneys’ fees and $23,195.93 in costs in connection with a Clean Water Act lawsuit against the State of New Hampshire alleging that the Powder Mill State Fish Hatchery was discharging pollutants in violation of the facility’s National Pollutant Discharge Elimination System permit. The U.S. Environmental Protection Agency intervened in the underlying lawsuit, filed in 2018, which resulted in a consent decree.
The U.S. District Court for the District of New Hampshire awarded the Conservation Law Foundation $333,176.79 in attorneys’ fees and $23,195.93 in costs in connection with a Clean Water Act lawsuit against the State of New Hampshire alleging that the Powder Mill State Fish Hatchery was discharging pollutants in violation of the facility’s National Pollutant Discharge Elimination System permit. The U.S. Environmental Protection Agency intervened in the underlying lawsuit, filed in 2018, which resulted in a consent decree.
U.S. Affiliates of Canada’s Leading Pork Producer File for Chapter 11 Bankruptcy Protection
Three U.S. affiliates of Canada's leading pork producer, HyLife Group Holdings, Ltd., a live hog and pork processing company with facilities in Canada, the U.S., Mexico, China, and Japan, filed for Chapter 11 protection in Delaware on Thursday with more than $100 million in secured debt and seeking $16 million in bankruptcy financing to carry out the sale of a Minnesota pig processing facility. Tritek International Inc., a Delaware corporation, attributed the financial problems to the lingering effects of the COVID-19 pandemic. Tritek affiliates HyLife Foods Windom LLC, a 226,737-square-foot pork processing facility in Windom, Minnesota, and Canwin Farms LLC, a contract grower operation that works with farms in South Dakota to grow pigs, also filed for bankruptcy, with Tritek asking to be the lead debtor.
Three U.S. affiliates of Canada's leading pork producer, HyLife Group Holdings, Ltd., a live hog and pork processing company with facilities in Canada, the U.S., Mexico, China, and Japan, filed for Chapter 11 protection in Delaware on Thursday with more than $100 million in secured debt and seeking $16 million in bankruptcy financing to carry out the sale of a Minnesota pig processing facility. Tritek International Inc., a Delaware corporation, attributed the financial problems to the lingering effects of the COVID-19 pandemic. Tritek affiliates HyLife Foods Windom LLC, a 226,737-square-foot pork processing facility in Windom, Minnesota, and Canwin Farms LLC, a contract grower operation that works with farms in South Dakota to grow pigs, also filed for bankruptcy, with Tritek asking to be the lead debtor.
Advocates Plan to Sue FWS for Failing to Adequately Protect Manatees
The Center for Biological Diversity, Harvard Animal Law & Policy Clinic, Miami Waterkeeper, and Frank S. González García served the U.S. Fish & Wildlife Service (FWS) with a notice of intent to sue under the citizen suit provision of the Endangered Species Act (ESA) for failing to protect the West Indian manatee. The notice letter follows a November petition for rulemaking urging FWS to relist the species as endangered. FWS downlisted the West Indian manatee to threatened in 2017 but since then the population has significantly declined. FWS failed to make a determination whether the petition presented substantial information indicating that uplisting the manatee may be warranted within 90 days as required by federal law.
The Center for Biological Diversity, Harvard Animal Law & Policy Clinic, Miami Waterkeeper, and Frank S. González García served the U.S. Fish & Wildlife Service (FWS) with a notice of intent to sue under the citizen suit provision of the Endangered Species Act (ESA) for failing to protect the West Indian manatee. The notice letter follows a November petition for rulemaking urging FWS to relist the species as endangered. FWS downlisted the West Indian manatee to threatened in 2017 but since then the population has significantly declined. FWS failed to make a determination whether the petition presented substantial information indicating that uplisting the manatee may be warranted within 90 days as required by federal law.
Agency Updates
FWS Publishes Big Cat Public Safety Act Registration Form that Private Owners Must Submit by June 18th
The U.S. Fish & Wildlife Service reminded big cat owners of their upcoming June 18, 2023, deadline under the Big Cat Public Safety Act (BCPSA) to register big cats or face confiscation of privately-owned animals. The FWS press release includes the newly developed BCPSA registration form.
The U.S. Fish & Wildlife Service reminded big cat owners of their upcoming June 18, 2023, deadline under the Big Cat Public Safety Act (BCPSA) to register big cats or face confiscation of privately-owned animals. The FWS press release includes the newly developed BCPSA registration form.
FWS Authorizes Incidental Take of Sea Otters in the Gulf of Alaska
The U.S. Fish and Wildlife Service announced final incidental take regulations to facilitate authorization of the nonlethal, incidental, and unintentional take by harassment of small numbers of northern sea otters during marine construction and pile driving in the Gulf of Alaska coastal waters. The rule is effective from May 19, 2023, through May 19, 2028.
The U.S. Fish and Wildlife Service announced final incidental take regulations to facilitate authorization of the nonlethal, incidental, and unintentional take by harassment of small numbers of northern sea otters during marine construction and pile driving in the Gulf of Alaska coastal waters. The rule is effective from May 19, 2023, through May 19, 2028.
USDA Announces Funding Programs to Expand Meat and Poultry Processing Options for Indigenous and Underserved Communities
The U.S. Department of Agriculture announced the availability of up to $125 million through two new grant programs, the Indigenous Animals Harvesting and Meat Processing Grant Program and the Local Meat Capacity Grant Program, that will invest in tribal and underserved regional food processors and help meat and poultry farmers expand their businesses.
The U.S. Department of Agriculture announced the availability of up to $125 million through two new grant programs, the Indigenous Animals Harvesting and Meat Processing Grant Program and the Local Meat Capacity Grant Program, that will invest in tribal and underserved regional food processors and help meat and poultry farmers expand their businesses.
FSIS Announces Recall of Beef Burger Products Due to Reported Foreign Matter Contamination
The U.S. Department of Agriculture’s Food Safety and Inspection Service announced that Illinois-based Weinstein Wholesale Meats, Inc. is recalling approximately 2,122 pounds of raw ground beef burger products that may be contaminated with pieces of white neoprene. The products were shipped to an online distributor for nationwide sales. The problem was reported by customers who reported “rubber-like” material in beef patties during preparation.
The U.S. Department of Agriculture’s Food Safety and Inspection Service announced that Illinois-based Weinstein Wholesale Meats, Inc. is recalling approximately 2,122 pounds of raw ground beef burger products that may be contaminated with pieces of white neoprene. The products were shipped to an online distributor for nationwide sales. The problem was reported by customers who reported “rubber-like” material in beef patties during preparation.
FSIS Announces Recall of Halal Sausages that Lack Refrigeration Instructions
The U.S. Department of Agriculture’s Food Safety and Inspection Service announced that Illinois-based Alef Sausage Inc. is recalling approximately 61,574 pounds of ready-to-eat halal meat and poultry sausage products due to misbranding and possible temperature abuse. The products, which were shipped to retail locations in New York, Pennsylvania, and New Jersey, were not labeled with a handling statement indicating that they should be kept refrigerated. The problem was reported by the New York State Department of Agriculture and Markets, which noted that the products were not refrigerated at retail stores and lacked a handling statement indicating that refrigeration is required.
The U.S. Department of Agriculture’s Food Safety and Inspection Service announced that Illinois-based Alef Sausage Inc. is recalling approximately 61,574 pounds of ready-to-eat halal meat and poultry sausage products due to misbranding and possible temperature abuse. The products, which were shipped to retail locations in New York, Pennsylvania, and New Jersey, were not labeled with a handling statement indicating that they should be kept refrigerated. The problem was reported by the New York State Department of Agriculture and Markets, which noted that the products were not refrigerated at retail stores and lacked a handling statement indicating that refrigeration is required.
FSIS Issues Public Health Alert for Ready-to-Eat Meat Soup Products with High Levels of Spoilage Bacteria
The U.S. Department of Agriculture’s Food Safety and Inspection Service issued a public health alert due to concerns that ready-to-eat meat soup products may have been prepared, packed, or held under insanitary conditions. The products were shipped from Ivar’s Soup Company to retail locations nationwide and exported to Mexico. Lab testing found high levels of spoilage bacteria in the products.
The U.S. Department of Agriculture’s Food Safety and Inspection Service issued a public health alert due to concerns that ready-to-eat meat soup products may have been prepared, packed, or held under insanitary conditions. The products were shipped from Ivar’s Soup Company to retail locations nationwide and exported to Mexico. Lab testing found high levels of spoilage bacteria in the products.
FSIS Announces Public Meeting on Federal Meat and Poultry Inspection Programs
The U.S. Department of Agriculture’s Food Safety and Inspection Service announced a virtual meeting of the National Advisory Committee on Meat and Poultry Inspection to advise the Secretary of Agriculture on State and Federal meat and poultry inspection programs, food safety, and other matters that fall within the scope of the Federal Meat Inspection Act and the Poultry Products Inspection Act. The committee will convene virtually on June 21–22, 2023, and will be open to public participation from 10:00 a.m. to 4:00 p.m. Eastern Time on both days.
The U.S. Department of Agriculture’s Food Safety and Inspection Service announced a virtual meeting of the National Advisory Committee on Meat and Poultry Inspection to advise the Secretary of Agriculture on State and Federal meat and poultry inspection programs, food safety, and other matters that fall within the scope of the Federal Meat Inspection Act and the Poultry Products Inspection Act. The committee will convene virtually on June 21–22, 2023, and will be open to public participation from 10:00 a.m. to 4:00 p.m. Eastern Time on both days.
USDA Seeks Public Input on Information Collection Relating to Small Organic Dairy Producers
The U.S. Department of Agriculture’s (USDA) Agricultural Marketing Service’s (AMS) announced its intention to request approval from the Office of Management and Budget for a new information collection related to livestock production practices under the USDA organic regulations. Under the USDA’s Origin of Livestock (OOL) regulations, organic dairy operations may transition nonorganic animals to organic production once. After that, any animals added to an operation must have been organically managed from the last third of gestation. The OOL regulations allow small, certified organic dairy operations to request a variance from the one-time transition limitation. AMS will accept public comments on the proposed information collection through June 26, 2023.
The U.S. Department of Agriculture’s (USDA) Agricultural Marketing Service’s (AMS) announced its intention to request approval from the Office of Management and Budget for a new information collection related to livestock production practices under the USDA organic regulations. Under the USDA’s Origin of Livestock (OOL) regulations, organic dairy operations may transition nonorganic animals to organic production once. After that, any animals added to an operation must have been organically managed from the last third of gestation. The OOL regulations allow small, certified organic dairy operations to request a variance from the one-time transition limitation. AMS will accept public comments on the proposed information collection through June 26, 2023.
California Labor Commissioner Reaches $1.47 Million Settlement to Resolve Wage Theft Claims Against Los Angeles Poultry Processing Companies and Their Owner
The California Labor Commissioner's Office announced it has reached a $1.47 million settlement with multiple Los Angeles-area poultry processors and their owner to resolve claims they underpaid hundreds of workers and failed to compensate for overtime, rest breaks, and waiting time. The deal resolves a hearing officer's decision to uphold wage-theft citations against Tony Bran and his companies: The Exclusive Poultry Inc., J.T. Foods Specialty, and D8 Poultry LLC.
The California Labor Commissioner's Office announced it has reached a $1.47 million settlement with multiple Los Angeles-area poultry processors and their owner to resolve claims they underpaid hundreds of workers and failed to compensate for overtime, rest breaks, and waiting time. The deal resolves a hearing officer's decision to uphold wage-theft citations against Tony Bran and his companies: The Exclusive Poultry Inc., J.T. Foods Specialty, and D8 Poultry LLC.
FWS Announces ESA Listing Status for Two Crayfish Species
The U.S. Fish & Wildlife Service announced its determination of threatened species status under the Endangered Species Act for the Big Creek crayfish and the St. Francis River crayfish, two crayfish species from southern Missouri. The rule also includes designation of 1,043 river miles of critical habitat. The rule is effective May 30, 2023.
The U.S. Fish & Wildlife Service announced its determination of threatened species status under the Endangered Species Act for the Big Creek crayfish and the St. Francis River crayfish, two crayfish species from southern Missouri. The rule also includes designation of 1,043 river miles of critical habitat. The rule is effective May 30, 2023.
Proposed DoD Rule Would Require Military Dogs to be Offered for Adoption at the End of their Service
The Department of Defense (DoD) is proposing to amend the Defense Federal Acquisition Regulation Supplement with a regulation requiring military dogs to be offered for adoption at the end of their service. The DoD will accept public comments on the proposed rule through June 26, 2023.
The Department of Defense (DoD) is proposing to amend the Defense Federal Acquisition Regulation Supplement with a regulation requiring military dogs to be offered for adoption at the end of their service. The DoD will accept public comments on the proposed rule through June 26, 2023.
FSIS Proposes Verification Procedures to Reduce Foodborne Illnesses Associated with Salmonella in Breaded Stuffed Chicken Products
The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) is proposing to declare that not-ready-to-eat (NRTE) breaded stuffed chicken products that contain Salmonella at levels of 1 colony forming unit per gram or higher are adulterated within the meaning of the Poultry Products Inspection Act. FSIS is also proposing to carry out verification procedures to ensure producing establishments more effectively control Salmonella in these products. FSIS will accept public comments on the proposed determination and verification procedures through June 27, 2023.
The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) is proposing to declare that not-ready-to-eat (NRTE) breaded stuffed chicken products that contain Salmonella at levels of 1 colony forming unit per gram or higher are adulterated within the meaning of the Poultry Products Inspection Act. FSIS is also proposing to carry out verification procedures to ensure producing establishments more effectively control Salmonella in these products. FSIS will accept public comments on the proposed determination and verification procedures through June 27, 2023.
Other Updates
Polling Shows a Majority of U.S. Voters Support a Moratorium on CAFOs
Results of a Johns Hopkins Center for a Livable Future poll conducted from March 8-14, 2023, reveal that majority of U.S. voters support a moratorium on concentrated animal feeding operations (CAFOs), and overwhelmingly believe the federal government should support small and mid-sized agricultural operations. With the expiration of the 2018 Farm Bill at the end of 2023 and the current process of crafting a new Farm Bill underway, 80% of polled voters haven’t heard or read anything about the Farm Bill, which is consistent with responses in prior years.
Results of a Johns Hopkins Center for a Livable Future poll conducted from March 8-14, 2023, reveal that majority of U.S. voters support a moratorium on concentrated animal feeding operations (CAFOs), and overwhelmingly believe the federal government should support small and mid-sized agricultural operations. With the expiration of the 2018 Farm Bill at the end of 2023 and the current process of crafting a new Farm Bill underway, 80% of polled voters haven’t heard or read anything about the Farm Bill, which is consistent with responses in prior years.
Citibank Imposes New Requirements for Beef Industry Clients
Citibank published a report on its environmental, social, and governance-related activities which includes a new approach to agribusiness to mitigate deforestation impacts in certain regions and “related reputation risk.” The bank announced new requirements for ranchers, slaughterhouses, and processing facilities in the beef industry, including a commitment to tracking movement along the supply chain “with consideration of international norms and industry best practices.”
Citibank published a report on its environmental, social, and governance-related activities which includes a new approach to agribusiness to mitigate deforestation impacts in certain regions and “related reputation risk.” The bank announced new requirements for ranchers, slaughterhouses, and processing facilities in the beef industry, including a commitment to tracking movement along the supply chain “with consideration of international norms and industry best practices.”
JBS USA Continues to Sever Ties with PSSI Following Child Labor Fines
JBS USA announced it is ending contracts with Packers Sanitation Services, Inc. (PSSI) at every location where child labor violations occurred after PSSI was fined more than $1 million for using child labor to clean kill floors and dangerous equipment in meat processing plants. JBS USA reportedly will employ different third-party providers or bring services in-house.
JBS USA announced it is ending contracts with Packers Sanitation Services, Inc. (PSSI) at every location where child labor violations occurred after PSSI was fined more than $1 million for using child labor to clean kill floors and dangerous equipment in meat processing plants. JBS USA reportedly will employ different third-party providers or bring services in-house.
Municipal Officials from Thirteen States and the District of Columbia Oppose Federal Pesticide Preemptions in the 2023 Farm Bill
Municipal officials from localities in California, Colorado, Connecticut, Washington, DC, Florida, Hawaii, Illinois, Massachusetts, Indiana, Maryland, Maine, Minnesota, North Carolina, and New Jersey wrote to the Senate Committee on Agriculture, Nutrition, and Forestry to oppose Farm Bill provisions prohibiting localities from adopting pesticide laws that are more protective than federal laws. The letter states that the pesticide preemption provision “overturns decades of precedent and Supreme Court rulings and could prevent local governments from tailoring laws to the specific needs of their communities.”
Municipal officials from localities in California, Colorado, Connecticut, Washington, DC, Florida, Hawaii, Illinois, Massachusetts, Indiana, Maryland, Maine, Minnesota, North Carolina, and New Jersey wrote to the Senate Committee on Agriculture, Nutrition, and Forestry to oppose Farm Bill provisions prohibiting localities from adopting pesticide laws that are more protective than federal laws. The letter states that the pesticide preemption provision “overturns decades of precedent and Supreme Court rulings and could prevent local governments from tailoring laws to the specific needs of their communities.”
Academic Updates
Researchers Demonstrate How Parrots Benefit from Video Chatting with Each Other
Researchers from the University of Glasgow and Massachusetts Institute of Technology report that parrots kept as pets who were taught to video chat with other parrots benefitted from the social interaction, demonstrated by their independent initiation of video chats, and even learned new behaviors from each other. Parrots who initiated the highest number of calls also received the most calls, suggesting a “reciprocal dynamic similar to human socialization,” some even vocalizing “Hi! Come here! Hello!” The use of video chat was explored as a way of improving the welfare of flock animals who are kept as single pets.
Researchers from the University of Glasgow and Massachusetts Institute of Technology report that parrots kept as pets who were taught to video chat with other parrots benefitted from the social interaction, demonstrated by their independent initiation of video chats, and even learned new behaviors from each other. Parrots who initiated the highest number of calls also received the most calls, suggesting a “reciprocal dynamic similar to human socialization,” some even vocalizing “Hi! Come here! Hello!” The use of video chat was explored as a way of improving the welfare of flock animals who are kept as single pets.
International Updates
Chilean Bill Would Prohibit the Use of Meat-Related Terminology on Plant-Based Foods
One of Chile’s legislative houses passed a bill to prohibit the use of meat-related terminology for plant-based foods. If enacted, it would prohibit the use of terminology like hamburger, chorizo, sausage, or jerky to describe, promote, or market foods that contain higher proportion of vegetable matter than meat.
One of Chile’s legislative houses passed a bill to prohibit the use of meat-related terminology for plant-based foods. If enacted, it would prohibit the use of terminology like hamburger, chorizo, sausage, or jerky to describe, promote, or market foods that contain higher proportion of vegetable matter than meat.
Brazilian Judge Issues Historic Legal Opinion Banning Live Export of Cattle
A Brazilian court has banned live export of cattle from all the country’s ports. Federal judge Djalma Gomes wrote in the ruling that “Animals are not things. They are sentient living beings, that is, individuals who feel hunger, thirst, pain, cold, anguish, and fear.” Brazil’s agriculture minister has defended live export but has not yet confirmed whether the federal government will appeal the decision.
A Brazilian court has banned live export of cattle from all the country’s ports. Federal judge Djalma Gomes wrote in the ruling that “Animals are not things. They are sentient living beings, that is, individuals who feel hunger, thirst, pain, cold, anguish, and fear.” Brazil’s agriculture minister has defended live export but has not yet confirmed whether the federal government will appeal the decision.