Welcome to the U.S. Agricultural & Food Law and Policy Blog

A comprehensive news, research, and information resource for the nation’s agricultural community.

Provided as a partnership of the National Agricultural Law Center, the nation’s leading source of agricultural and food law research and information, and the American Agricultural Law Association, the only national professional organization focusing on the legal needs of the agricultural community.

GIPSA Releases Final Rule

Today, the Grain Inspection Packers and Stockyards Administration (GIPSA) released the final version of the rules they first proposed last summer. The proposed rule is available here, while the final rule is available here. A discussion about the provisions that were left out of the final rule is available here.

For the provisions that were left out, USDA-GIPSA originally planned

to seek additional public comment on several other revised provisions from the June 22, 2010 proposed rule including changes to the tournament system of payment for poultry growers, requirements to collect and post sample contracts and to address the issue of need for producers to show harm to competition prior to asserting a violation of the Packer and Stockyards Act. However, the FY2012 Agriculture Appropriations bill passed by Congress included language prohibiting the Department from moving forward on these important provisions.

GIPSA Press Release

The final rule will become effective 60 days after its publication in the Federal Register (it is scheduled to be published on 12/9/11).

During the comment period last year, the National Agricultural Law Center presented a series of workshops for producers that discussed the proposed rules. To access the handouts and powerpoint from those workshops, please click here

Recall Expanded - Frozen Oysters Imported from Korea

According to a FDA press release, "FDA is expanding its warning to include additional frozen oyster products from Korea. These products have been linked to norovirus cases in Washington state. In a November 4, 2011 release FDA notified the public of the recall of one lot, C-110223, packed by Central Fisheries Co. Ltd."

For more information, click here.

Posted 11/25/2011

GIPSA Settle Cases Resulting in $17,160 in Civil Penalties

Last week, the U.S. Department of Agriculture's Grain Inspection, Packers and Stockyards Administration (GIPSA) announced settlements resulting in $17,160 in civil penalties.

1. AMVC Management Services, LLC, Audubon, Iowa - agreed to pay a penalty of $4,000 after GIPSA found that in their swine production contracts they did not disclose the grower's right to cancel the contract, including the method and dealing for cancellation, and contain an "Addition Capital Investments Disclosure Statement."
   
   


2. Oak Lake Cattle Co., Inc., I.E. Bryd, President, Okeechobee, Fla. - agreed to pay a penalty of $825 after GIPSA found that they failed to timely pay, when due, for livestock purchases.




3. Barney M. Gibson, Statesville, N.C. - agreed to pay a penalty of $2,585 after GIPSA found that he failed to timely pay, when due, for livestock purchases.
   
   


4. Shannon Davis, Winnsboro Livestock Commission, Inc., dba Winnsboro Livestock & Dairy Auction, Winnsboro, Texas - agreed to pay a penalty of $2,000 after GIPSA found that they operated as a market agency selling livestock on commission with shortages in the market's Custodial Account for Shippers Proceeds on two occasions in April of 2010.



5. Randall Reynolds, dba Geneva-Berne Salebarn, Geneva, Ind. - agreed to pay a penalty of $2,500 after GIPSA found that he charged a per head fee and changed the price per pound when buying cattle on a carcass basis.
   
   


6. Holden Farms, Inc., New Ulm, Minn. - agreed to pay a penalty of $2,500 after GIPSA found that they failed to comply with contractual requirements.




7. Randy R. Wientjes, dba Brookport Cattle Co., Metropolis, Ill. - agreed to pay a penalty of $2,000 after GIPSA found that he failed to pay, when due, for livestock purchases on 14 occasions and failed to maintain all sales invoices and adequate records to trace livestock from purchase to sale.




8. Decker's Livestock, Inc., Milford, Ill. - agreed to pay a penalty of $750 after GIPSA found that they used unfair and captive tariff practices.

For more information, click here.

Posted 11/25/2010

U.S. and China Conclude 22nd Session of the Joint Commission on Commerce and Trade

Yesterday marked the conclusion of the 22nd session of the U.S. - China Joint Commission on Commerce and Trade (JCCT) in Chengdu, China. U.S. Secretary of Commerce John Bryson and United States Trade Representative Ron Kirk co-chaired the JCCT along with Chinese Vice Premier Wang Qishan. U.S. Secretary of Agriculture Tom Vilsack also participated in the discussions.

Ambassador Kirk stated that, "The JCCT gives us a mechanism to address the toughest issues in out trade relationship, and we must judge it by out ability to make concrete progress. We have reached agreement on a number of important outcomes, though we had hoped to accomplish even more. In our discussions with our Chinese counterparts, we spoke frankly about the need to redouble our efforts going forward."

For more information, click here.

Posted 11/22/2011

New Study Shows Reform of Current U.S. Sugar Policy Would Help Consumers

A news release last week from the Coalition for Sugar Reform stated that, "Reforming federal sugar subsidies can save American consumers up to $3.5 billion and generate 20,000 new jobs each year, a new study by Iowa State University researchers has found."

"The study shows that in the absence of current sugar policies, food industry jobs would increase as production ad exports of sugar-containing products grow, and as imports of such products from other countries decline."

"This study clearly shows the impact of the high costs of the current sugar policy, but also tells us about the potential for consumers, small businesses and workers to benefit from a better policy," said Larry Graham, President of the National Confectioners Association and Chairman of the Coalition for Sugar Reform. "The report should caution Congress against any last-minute attempts to extend the current sugar program without the opportunity to debate changes."

For more information, click here.

Posted 11/21/2011

National Cotton Council Welcomes Farm Bill Proposal

A news release from the National Cotton Council last week stated that, "The National Cotton Council commends the House and Senate Agriculture Committees for their diligent efforts in crafting a farm policy recommendation that is being delivered to the Joint Select Committee on Deficit Reduction. Although full details are not yet available, the current proposal includes a new crop insurance program for upland cotton. The program, know as the Stacked Income Protection Plan (STAX), is based on NCC recommendations."

NCC Chairman Charles Parker stated that, "The Agriculture Committees have crafted a responsible set of farm programs that meets the target for deficit reduction and maintains vital safety nets for production agriculture."

For more information, click here.

Posted 11/21/2011