Wisconsin Assembly Bill 555 would provide that “[n]o person may sell or offer for sale a food product that contains cultured animal cells or cultured animal tissue derived from cultured animal cells unless the food product is labeled as containing lab-grown animal cells.” The bill defines “animal” in this context as “a mammal, bird, reptile, amphibian, or mollusk.” Violators could be subject to monetary penalties and imprisonment. The bill has been referred to the Committee on Agriculture.
Issue 213
This Week's Spotlights
Legislative Spotlights
Wisconsin Bill Would Criminalize the Sale of Cultivated Meat Products Not Labeled as Containing “Lab-Grown Animal Cells”
Case Law Spotlights
District Court Dismisses Nine of Ten Claims in Pork Producers’ Challenge to Massachusetts’s Question 3 and Grants Leave to File Amicus Brief to Thirteen States
The U.S. District Court for the District of Massachusetts granted Massachusetts’s motion to dismiss as to nine out of ten claims in a case brought by Triumph Foods, LLC and five other pork producer groups challenging Massachusetts’s Question 3, a law that prohibits the in-state sale of pork and certain other animal products not compliant with the state’s animal confinement standards. The court denied Massachusetts’s motion to dismiss as to plaintiffs’ commerce clause claim, and a bench trial is scheduled to last seven days, beginning on December 4, 2023. The court also granted leave to file an amicus curiae brief to Iowa, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Oklahoma, South Carolina, South Dakota, Utah, and Wyoming. The proposed amicus brief filed by the 13 states supports the plaintiff pork producers’ position and argues that the law “invites States to upend national markets based on ‘flavor of the day’ policy preferences.”
The U.S. District Court for the District of Massachusetts granted Massachusetts’s motion to dismiss as to nine out of ten claims in a case brought by Triumph Foods, LLC and five other pork producer groups challenging Massachusetts’s Question 3, a law that prohibits the in-state sale of pork and certain other animal products not compliant with the state’s animal confinement standards. The court denied Massachusetts’s motion to dismiss as to plaintiffs’ commerce clause claim, and a bench trial is scheduled to last seven days, beginning on December 4, 2023. The court also granted leave to file an amicus curiae brief to Iowa, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Oklahoma, South Carolina, South Dakota, Utah, and Wyoming. The proposed amicus brief filed by the 13 states supports the plaintiff pork producers’ position and argues that the law “invites States to upend national markets based on ‘flavor of the day’ policy preferences.”
Jury Rules in Favor of Sanderson Farms in Broiler Chicken Antitrust Litigation
After a six-week trial in the U.S. District Court for the Northern District of Illinois in an antitrust case brought by thousands of chicken buyers, a jury unanimously found that Sanderson Farms did not conspire to raise broiler chicken prices. Plaintiffs had alleged that poultry producers like Sanderson, the third-largest poultry processor in the United States, had engaged in a conspiracy to drive up prices since 2008 by sharing data and limiting supply. Other defendants, including Tyson Foods and Pilgrim’s Pride, have settled the claims, bringing plaintiffs’ total recovery to over $284 million.
After a six-week trial in the U.S. District Court for the Northern District of Illinois in an antitrust case brought by thousands of chicken buyers, a jury unanimously found that Sanderson Farms did not conspire to raise broiler chicken prices. Plaintiffs had alleged that poultry producers like Sanderson, the third-largest poultry processor in the United States, had engaged in a conspiracy to drive up prices since 2008 by sharing data and limiting supply. Other defendants, including Tyson Foods and Pilgrim’s Pride, have settled the claims, bringing plaintiffs’ total recovery to over $284 million.
Fifth Circuit Stays Injunction Blocking Protections for Endangered Rice’s Whales in Gulf of Mexico Oil and Gas Lease
The U.S. Court of Appeals for the Fifth Circuit stayed a preliminary injunction blocking protections for endangered Rice’s whales that had been added to a Gulf of Mexico oil and gas lease offered for sale. Enforcement of the preliminary injunction is now stayed pending an appeal brought by the federal government and conservation group intervenors. Oral arguments have been scheduled for Nov. 13, 2023.
The U.S. Court of Appeals for the Fifth Circuit stayed a preliminary injunction blocking protections for endangered Rice’s whales that had been added to a Gulf of Mexico oil and gas lease offered for sale. Enforcement of the preliminary injunction is now stayed pending an appeal brought by the federal government and conservation group intervenors. Oral arguments have been scheduled for Nov. 13, 2023.
Agency Spotlights
FWS and AZA Announce Wildlife Confiscations Network Pilot Program to Streamline Placement of Animals Confiscated from Wildlife Trafficking
The U.S. Fish and Wildlife Service (FWS) announced a pilot program with the Association of Zoos and Aquariums (AZA) to streamline care and rehoming for animals that are confiscated from the illegal animal trade in southern California, with the goal of scaling the program throughout the United States. Under the pilot program, dubbed the Wildlife Confiscations Network, law enforcement officers will be able to call a coordinator who will make placement referrals from a list of “fully vetted and permitted professional animal care facilities in the region.”
The U.S. Fish and Wildlife Service (FWS) announced a pilot program with the Association of Zoos and Aquariums (AZA) to streamline care and rehoming for animals that are confiscated from the illegal animal trade in southern California, with the goal of scaling the program throughout the United States. Under the pilot program, dubbed the Wildlife Confiscations Network, law enforcement officers will be able to call a coordinator who will make placement referrals from a list of “fully vetted and permitted professional animal care facilities in the region.”
Legislative Updates
Pending Federal Actions
Bill Would Provide Safety Net Programs for Organic Dairy Producers
S. 3097, the “Organic Dairy Assistance, Investment, and Reporting Yields (O DAIRY) Act of 2023” would promote and support organic dairy producers. It would require the U.S. Department of Agriculture to propose “new organic dairy safety net programs to ensure that such programs provide adequate support for organic dairy farms” and to support information collection relating to cost-of-production for organic dairy. The bill was introduced by Senators Peter Welch, Bernie Sanders, Tammy Baldwin, and Kirsten Gillibrand and has been referred to the Senate Committee on Agriculture, Nutrition, and Forestry.
S. 3097, the “Organic Dairy Assistance, Investment, and Reporting Yields (O DAIRY) Act of 2023” would promote and support organic dairy producers. It would require the U.S. Department of Agriculture to propose “new organic dairy safety net programs to ensure that such programs provide adequate support for organic dairy farms” and to support information collection relating to cost-of-production for organic dairy. The bill was introduced by Senators Peter Welch, Bernie Sanders, Tammy Baldwin, and Kirsten Gillibrand and has been referred to the Senate Committee on Agriculture, Nutrition, and Forestry.
Pending State Actions
Wisconsin Bill Would Criminalize the Sale of Cultivated Meat Products Not Labeled as Containing “Lab-Grown Animal Cells”
Wisconsin Assembly Bill 555 would provide that “[n]o person may sell or offer for sale a food product that contains cultured animal cells or cultured animal tissue derived from cultured animal cells unless the food product is labeled as containing lab-grown animal cells.” The bill defines “animal” in this context as “a mammal, bird, reptile, amphibian, or mollusk.” Violators could be subject to monetary penalties and imprisonment. The bill has been referred to the Committee on Agriculture.
Wisconsin Assembly Bill 555 would provide that “[n]o person may sell or offer for sale a food product that contains cultured animal cells or cultured animal tissue derived from cultured animal cells unless the food product is labeled as containing lab-grown animal cells.” The bill defines “animal” in this context as “a mammal, bird, reptile, amphibian, or mollusk.” Violators could be subject to monetary penalties and imprisonment. The bill has been referred to the Committee on Agriculture.
Case Law Updates
Federal Court Updates
District Court Dismisses Nine of Ten Claims in Pork Producers’ Challenge to Massachusetts’s Question 3 and Grants Leave to File Amicus Brief to Thirteen States
The U.S. District Court for the District of Massachusetts granted Massachusetts’s motion to dismiss as to nine out of ten claims in a case brought by Triumph Foods, LLC and five other pork producer groups challenging Massachusetts’s Question 3, a law that prohibits the in-state sale of pork and certain other animal products not compliant with the state’s animal confinement standards. The court denied Massachusetts’s motion to dismiss as to plaintiffs’ commerce clause claim, and a bench trial is scheduled to last seven days, beginning on December 4, 2023. The court also granted leave to file an amicus curiae brief to Iowa, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Oklahoma, South Carolina, South Dakota, Utah, and Wyoming. The proposed amicus brief filed by the 13 states supports the plaintiff pork producers’ position and argues that the law “invites States to upend national markets based on ‘flavor of the day’ policy preferences.”
The U.S. District Court for the District of Massachusetts granted Massachusetts’s motion to dismiss as to nine out of ten claims in a case brought by Triumph Foods, LLC and five other pork producer groups challenging Massachusetts’s Question 3, a law that prohibits the in-state sale of pork and certain other animal products not compliant with the state’s animal confinement standards. The court denied Massachusetts’s motion to dismiss as to plaintiffs’ commerce clause claim, and a bench trial is scheduled to last seven days, beginning on December 4, 2023. The court also granted leave to file an amicus curiae brief to Iowa, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Oklahoma, South Carolina, South Dakota, Utah, and Wyoming. The proposed amicus brief filed by the 13 states supports the plaintiff pork producers’ position and argues that the law “invites States to upend national markets based on ‘flavor of the day’ policy preferences.”
Advocacy Group Alleges NMFS Is Violating the ESA, MMPA, and NEPA by Failing to Protect Marine Mammals from Trawl Fisheries
The Center for Biological Diversity (CBD) submitted a 60-day notice of intent to sue the National Marine Fisheries Service (NMFS) under the Endangered Species Act (ESA)’s citizen suit provision. CBD alleges NMFS is violating the ESA, Marine Mammal Protection Act (MMPA), and National Environmental Policy Act by failing to protect federally listed marine mammals from being killed by the Bering Sea and Aleutian Islands groundfish trawl fisheries. CBD alleges that the trawl fisheries regularly kill and injure killer whales and other marine species protected under the MMPA, including species also protected under the ESA such as humpback whales, fin whales, bearded seals, ringed seals, and Steller sea lions.
The Center for Biological Diversity (CBD) submitted a 60-day notice of intent to sue the National Marine Fisheries Service (NMFS) under the Endangered Species Act (ESA)’s citizen suit provision. CBD alleges NMFS is violating the ESA, Marine Mammal Protection Act (MMPA), and National Environmental Policy Act by failing to protect federally listed marine mammals from being killed by the Bering Sea and Aleutian Islands groundfish trawl fisheries. CBD alleges that the trawl fisheries regularly kill and injure killer whales and other marine species protected under the MMPA, including species also protected under the ESA such as humpback whales, fin whales, bearded seals, ringed seals, and Steller sea lions.
Jury Rules in Favor of Sanderson Farms in Broiler Chicken Antitrust Litigation
After a six-week trial in the U.S. District Court for the Northern District of Illinois in an antitrust case brought by thousands of chicken buyers, a jury unanimously found that Sanderson Farms did not conspire to raise broiler chicken prices. Plaintiffs had alleged that poultry producers like Sanderson, the third-largest poultry processor in the United States, had engaged in a conspiracy to drive up prices since 2008 by sharing data and limiting supply. Other defendants, including Tyson Foods and Pilgrim’s Pride, have settled the claims, bringing plaintiffs’ total recovery to over $284 million.
After a six-week trial in the U.S. District Court for the Northern District of Illinois in an antitrust case brought by thousands of chicken buyers, a jury unanimously found that Sanderson Farms did not conspire to raise broiler chicken prices. Plaintiffs had alleged that poultry producers like Sanderson, the third-largest poultry processor in the United States, had engaged in a conspiracy to drive up prices since 2008 by sharing data and limiting supply. Other defendants, including Tyson Foods and Pilgrim’s Pride, have settled the claims, bringing plaintiffs’ total recovery to over $284 million.
Fifth Circuit Stays Injunction Blocking Protections for Endangered Rice’s Whales in Gulf of Mexico Oil and Gas Lease
The U.S. Court of Appeals for the Fifth Circuit stayed a preliminary injunction blocking protections for endangered Rice’s whales that had been added to a Gulf of Mexico oil and gas lease offered for sale. Enforcement of the preliminary injunction is now stayed pending an appeal brought by the federal government and conservation group intervenors. Oral arguments have been scheduled for Nov. 13, 2023.
The U.S. Court of Appeals for the Fifth Circuit stayed a preliminary injunction blocking protections for endangered Rice’s whales that had been added to a Gulf of Mexico oil and gas lease offered for sale. Enforcement of the preliminary injunction is now stayed pending an appeal brought by the federal government and conservation group intervenors. Oral arguments have been scheduled for Nov. 13, 2023.
State Court Updates
Los Angeles County Superior Court Upholds Interim Protections for Southern California Steelhead
The Los Angeles County Superior Court entered a ruling rejecting a petition from the United Water Conservation District (UWCD) that challenged an approval to list Southern California steelhead as a candidate species under the California Endangered Species Act. UWCD also challenged the scope of a temporary exception authorizing takings of the steelhead species during its candidacy period. The court’s order allows interim legal protections for the imperiled fish to stay in place pending a decision by the California Fish and Game Commission to move the species from candidate to listed status.
The Los Angeles County Superior Court entered a ruling rejecting a petition from the United Water Conservation District (UWCD) that challenged an approval to list Southern California steelhead as a candidate species under the California Endangered Species Act. UWCD also challenged the scope of a temporary exception authorizing takings of the steelhead species during its candidacy period. The court’s order allows interim legal protections for the imperiled fish to stay in place pending a decision by the California Fish and Game Commission to move the species from candidate to listed status.
Agency Updates
USDA Terminates AWA License for Montana Animal Exhibitor with History of Legal Violations
The U.S. Department of Agriculture (USDA) terminated the Animal Welfare Act (AWA) license for Troy Hyde, dba Animals of Montana (AOM), after the State of Montana revoked the wild animal exhibitor’s menagerie permit. USDA found that the Montana Department of Fish, Wildlife, and Parks had determined that AOM committed 22 violations of Montana’s rules and regulations related to animal welfare, care, and transportation. In 2005, Troy Hyde was convicted of violating the Endangered Species Act and the Lacey Act and, in 2009, a previous AWA license issued to AOM was terminated, with a two-year license disqualification period imposed.
The U.S. Department of Agriculture (USDA) terminated the Animal Welfare Act (AWA) license for Troy Hyde, dba Animals of Montana (AOM), after the State of Montana revoked the wild animal exhibitor’s menagerie permit. USDA found that the Montana Department of Fish, Wildlife, and Parks had determined that AOM committed 22 violations of Montana’s rules and regulations related to animal welfare, care, and transportation. In 2005, Troy Hyde was convicted of violating the Endangered Species Act and the Lacey Act and, in 2009, a previous AWA license issued to AOM was terminated, with a two-year license disqualification period imposed.
Arkansas AG Orders Divestment of Land and Imposes Maximum Civil Penalty on “Prohibited Foreign-Party-Controlled” Agriculture Business Affiliates
The Arkansas Attorney General (AG) informed Northrup King Seed Co. and its parent company, Syngenta Seeds, LLC, that their ownership of a parcel of land in Craighead County, Arkansas is prohibited and that they must divest the land by August 1, 2025. Syngenta Seeds, LLC is owned by Chinese state-owned China National Chemical Corporation, which the AG asserts makes the Arkansas property owned by “an agent, trustee, or other fiduciary for a prohibited foreign-party-controlled business.” The AG’s office is also imposing the maximum allowable civil penalty—$280,000, 25% of the property’s fair market value of $1,120,000—on the companies for their failure to file a required report.
The Arkansas Attorney General (AG) informed Northrup King Seed Co. and its parent company, Syngenta Seeds, LLC, that their ownership of a parcel of land in Craighead County, Arkansas is prohibited and that they must divest the land by August 1, 2025. Syngenta Seeds, LLC is owned by Chinese state-owned China National Chemical Corporation, which the AG asserts makes the Arkansas property owned by “an agent, trustee, or other fiduciary for a prohibited foreign-party-controlled business.” The AG’s office is also imposing the maximum allowable civil penalty—$280,000, 25% of the property’s fair market value of $1,120,000—on the companies for their failure to file a required report.
USDA Announces Recall of Colombian Pork Chicharrones
The U.S. Department of Agriculture’s Food Safety and Inspection Service announced that New Hampshire-based East Coast Food Distributors, Inc. is recalling approximately 7,767 pounds of pork chicharrones products that were imported from Colombia, which is ineligible to export meat to the U.S. The products were shipped to restaurants and retail sales locations in Massachusetts, New Hampshire, and Rhode Island.
The U.S. Department of Agriculture’s Food Safety and Inspection Service announced that New Hampshire-based East Coast Food Distributors, Inc. is recalling approximately 7,767 pounds of pork chicharrones products that were imported from Colombia, which is ineligible to export meat to the U.S. The products were shipped to restaurants and retail sales locations in Massachusetts, New Hampshire, and Rhode Island.
USDA Announces Recall of Pork Chicharrones that Were Ineligible for Import from Honduras
The U.S. Department of Agriculture’s Food Safety and Inspection Service announced that North Carolina-based Capitology, LLC is recalling approximately 4,679 pounds of pork chicharrones products that were imported from Honduras, which is ineligible to export pork products to the U.S. The products were shipped to retailers in Arkansas, Louisiana, North Carolina, South Carolina, and Texas.
The U.S. Department of Agriculture’s Food Safety and Inspection Service announced that North Carolina-based Capitology, LLC is recalling approximately 4,679 pounds of pork chicharrones products that were imported from Honduras, which is ineligible to export pork products to the U.S. The products were shipped to retailers in Arkansas, Louisiana, North Carolina, South Carolina, and Texas.
USDA Added Nepal to List of Regions Affected by African Swine Fever in 2022
The U.S. Department of Agriculture announced that it added the Federal Democratic Republic of Nepal to the Animal and Plant Health Inspection Service list of regions considered to be affected with African swine fever (ASF) on May 23, 2022.
The U.S. Department of Agriculture announced that it added the Federal Democratic Republic of Nepal to the Animal and Plant Health Inspection Service list of regions considered to be affected with African swine fever (ASF) on May 23, 2022.
FWS and AZA Announce Wildlife Confiscations Network Pilot Program to Streamline Placement of Animals Confiscated from Wildlife Trafficking
The U.S. Fish and Wildlife Service (FWS) announced a pilot program with the Association of Zoos and Aquariums (AZA) to streamline care and rehoming for animals that are confiscated from the illegal animal trade in southern California, with the goal of scaling the program throughout the United States. Under the pilot program, dubbed the Wildlife Confiscations Network, law enforcement officers will be able to call a coordinator who will make placement referrals from a list of “fully vetted and permitted professional animal care facilities in the region.”
The U.S. Fish and Wildlife Service (FWS) announced a pilot program with the Association of Zoos and Aquariums (AZA) to streamline care and rehoming for animals that are confiscated from the illegal animal trade in southern California, with the goal of scaling the program throughout the United States. Under the pilot program, dubbed the Wildlife Confiscations Network, law enforcement officers will be able to call a coordinator who will make placement referrals from a list of “fully vetted and permitted professional animal care facilities in the region.”