Farmers, Ranchers, and Rural Businesses Can Apply For Federal Funding to Invest in Renewable Energy Systems and Energy-Efficiency Improvements

The U.S. Department of Agriculture (USDA) is accepting applications starting on April 1 for $1 billion in federal funding grants to help agricultural producers and rural small businesses invest in renewable energy systems and make energy-efficiency improvements. USDA is making the $1 billion in grants available under the Rural Energy for America Program (REAP), funded by the bi-partisan Inflation Reduction Act.

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GrayRobinson Food Law Team: New Federal Funding to Promote the Expansion of High-Speed Internet in Rural Areas

The U.S. Department of Agriculture (USDA) announced the availability of $20 million to deliver broadband technical assistance resources for rural communities and to support the development and expansion of broadband cooperatives. The funding is available under the new Broadband Technical Assistance Program, which supports conducting feasibility studies, completing network designs, and developing broadband financial assistance applications for rural communities seeking to boost their connectivity.

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GrayRobinson Cannabis Law Team: Delaware Legalizes Recreational Marijuana

Delaware, known as “The First State” because it was the first of the original 13 states to ratify the federal Constitution, has become the 22nd state to legalize the possession and sale of recreational marijuana. Delaware’s new marijuana law will remove all state-level civil and criminal penalties for marijuana possession and create a regulated industry for recreational marijuana sales.

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GrayRobinson Regulated Products Section: New Presidential Executive Order Proposes Changes to Administrative Agencies’ Regulatory Review Process

President Joe Biden issued a directive to modernize regulatory review on the first day of his presidency. Today, the President has issued a new Executive Order, Modernizing Regulatory Review. The Office of Information and Regulatory Affairs (OIRA) has released its proposed revisions to OMB Circular No. A-4: Regulatory Analysis and the preamble to the proposed Circular.

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GrayRobinson Cannabis Law Team: Florida Recreational Marijuana One Step Closer to the November 2024 Ballot

On May 15, 2023, Florida Attorney General Ashley Moody asked the Florida Supreme Court to consider whether a recreational marijuana amendment should be barred from appearing on the ballot in 2024. In her request to the court, the state’s chief legal officer stated her belief that the ballot petition failed to comply with the technical requirements of Section 101.161(1) of the Florida Statutes, which governs the procedures for proposing a public referendum to amend Florida’s constitution.

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DEA Reportedly Set to Issue New Synthetic Cannabinoids, Including New Rules for Delta-8 THC

The wheels of the federal government tend to turn slowly. That said, the Drug Enforcement Administration (DEA) reportedly will soon propose new administrative regulations to clarify that synthetically manufactured cannabinoids like delta-8 tetrahydrocannabinol (THC) are prohibited controlled substances within the scope of the Controlled Substances Act of 1970 (CSA).

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GrayRobinson Food Law Team: FDA Announces a New Approach to Reviewing Chemicals Added to Food

On May 26, 2023, the Food and Drug Administration (FDA) announced that it is “embarking on a more modernized, systematic reassessment of chemicals with a focus on post-market review.” The FDA already conducts post-market review of chemical food additives; however, the FDA’s new approach aims to utilize modern technology to improve this review.

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GrayRobinson Food Law Team: FDA Announces a New Approach to Reviewing Chemicals Added to Food

On May 26, 2023, the Food and Drug Administration (FDA) announced that it is “embarking on a more modernized, systematic reassessment of chemicals with a focus on post-market review.” The FDA already conducts post-market review of chemical food additives; however, the FDA’s new approach aims to utilize modern technology to improve this review.

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GrayRobinson Regulated Products Section Chair Richard Blau: Russia v. Ukraine Spills Over Into the Beer Market

On July 16, 2023, Russian President Vladimir Putin ordered his government to seize control of Baltika Brewing Company, a subsidiary of Denmark's Carlsberg A/S based in Russia. As a result, Baltika will be transferred to Russia's Federal Agency for State Property Management for "temporary management," according to the decree issued by President Putin.

GrayRobinson Food Law Team: As High Summer Approaches, Dairy and Cattle Ranchers Should Focus on Reducing Animal Heat Stress

One of the major consequences of climate change is becoming clear—record-breaking high summer heat. The recent "heat dome" blanketing states across the mid-West and Southeast United States has produced unprecedented, triple-digit temperatures. Heat stress can cause significant financial loss to a cattle ranch due to the deleterious effects on animal welfare and performance. For example, it can take up to five weeks for a breeding bull to recover sperm quality after a mild to moderate heat stress bout. Exposure to heat stress also reduces oocyte quality and embryo viability, negatively impacting cow fertility.

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GrayRobinson Food Law Team: Bi-Partisan Effort Underway to Relax Restrictions on “Prevented Planting” Insurance Due to Unprecedented Drought

Federal legislation has been drafted and introduced in the United States Senate to change the current requirement that farmers plant and harvest a crop at least once in four years to maintain so-called “Prevented Planting” insurance coverage. The "Protecting Farmers from Drought Act” would change the current "1-in-4" requirement imposed by the U.S. Department of Agriculture’s Risk Management Agency (RMA) to "1-in-5" for Prevented Planting insurance in counties and contiguous jurisdictions experiencing three continuous years of extreme drought (D3 level) in any area of the county at any time during the typical planting period.

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GrayRobinson Cannabis Law Team: Major Movement: HHS Recommends DEA Reschedule Marijuana to Schedule III of Controlled Substances Act

Following a review initiated by the White House in October 2022, the U.S. Department of Human Health and Services (HHS) this week recommended that the Drug Enforcement Administration (DEA) reclassify marijuana from Schedule I to Schedule III of the Controlled Substances Act of 1970 (CSA). Schedule I drugs include drugs considered to have a high potential for abuse and no accepted therapeutic value, such as heroin and LSD. In contrast, Schedule III non-narcotic drugs are considered less addictive and harmful; examples include phendimetrazine, ketamine, and anabolic steroids such as Depo®-Testosterone.

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GrayRobinson Food Law Team: New Wage Rates for H-2A Workers Now Effective for 2024

Agricultural employers play a vital role in our nation's economy, and obtaining a reliable workforce is critical to producing the U.S. food supply. The U.S. Department of Labor (DOL) works with state agriculture agencies to fulfill a statutory mandate to protect workers in the U.S. from adverse effects on their wages or working conditions resulting from hiring foreign workers.

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Federal Funding for Agriculture: Opportunity for Floridians to Boost Compost and Reduce Food Waste

The United States Department of Agriculture (USDA) recently announced the availability of up to $9.5 million for Compost and Food Waste Reduction (CFWR) pilot projects for Fiscal Year 2023. These federally funded cooperative agreements support projects that develop and test strategies for planning and implementing municipal compost and food waste reduction plans. They are part of USDA’s broader efforts to support urban agriculture.

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Federal Funding for Agriculture: USDA Farmer Funding Opportunities

Since 1933, the United States Congress has passed a “Farm Bill” about every five years. Throughout the past century, Congress has continuously increased the amount of funding available to farmers and agribusinesses through omnibus legislation. Funding provided through Farm Bill legislation can help producers stay on the farm, prevent producers from becoming ineligible for future assistance, and promote climate-smart agriculture by increasing access to conservation assistance.

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Help Shape Your Future: Respond Now to the 2022 Census of Agriculture

As Congress begins fact-finding and negotiations over the upcoming 2023 Farm Bill, farmers and ranchers still have time to stand up and be counted by responding to the 2022 Census of Agriculture. The U.S. Department of Agriculture (USDA) administered the Ag Census through the National Agricultural Statistics Service (NASS).

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USDA Awards Florida $368 Million in Loan Guarantees for Rural Electrification

For generations, many rural areas have lacked adequate access to electric power. Even when power is available, Americans living in rural areas spend a disproportionally high share of their income on energy bills. Rural households have a median energy burden of 4.4%, compared to the national burden of 3.3%.

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Lower Food Prices Ahead?

In his weekly economics blog post for the New York Times, economist and Nobel Prize laureate @PaulKrugman suggested that inflation in America is receding faster than most people realize...

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USDA Grants are Important Funding Opportunities for Rural Communities

As 2022 comes to a close, current economic challenges have hit rural communities hard. Creative farmers, ranchers, food bank operators, and community service leaders, have come up with creative solutions to help weather these economic challenges. Still, many new programs require a fiscal jump start. Other enterprises focused on expanding opportunities for growers and key members of America’s food distribution chain are underway but require additional funding to build upon their initial success.

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USDA Issues New Aid to Recipients From Florida and Across Rural America

The U.S. Department of Agriculture (USDA) Secretary Tom Vilsack today announced USDA is investing $285 million in critical infrastructure to lower energy costs, expand access to clean energy for people across rural America, and combat climate change. USDA is making an additional $300 million available under the Rural Energy for America Program (REAP), including $250 million through the Inflation Reduction Act, to spur further investment.

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Florida Food Bank Awarded Federal Funds Under USDA Community Food Project Program

Tallahassee, Florida, is one of the communities that recently received funding from the National Institute of Food and Agriculture (NIFA), part of the U.S. Department of Agriculture (USDA). NIFA this week announced a nearly $10 million investment through the Community Food Projects Competitive Grants Program (CFPCGP). Those funds will be invested in 29 Community Foods Projects across America.

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Farmers and Ranchers: It’s That Time Again

The Census of Agriculture, taken only once every five years, looks at land use and ownership, operator characteristics, production practices, income, and expenditures. The U.S. Department of Agriculture (USDA) will mail the 2022 Census of Agriculture to millions of agriculture producers across the 50 states and Puerto Rico this fall.

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Now is the Time to Defend Important Farm Support Programs

Focused on cutting federal spending, recent proposals from the Republican Study Committee, whose membership includes four of every five Republicans in the House of Representatives, would sever public nutrition programs from the upcoming 2023 Farm Bill, eliminate several farm support programs, and significantly reduce federal support for crop insurance.

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America’s Farmers: Time to Start Double Cropping

With the international demand for grains and vegetable oils rising, and expected to continue at extraordinary levels due to Russia’s invasion of agricultural-exporter Ukraine, many American farmers are considering whether to double crop.

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Farmers and Ranchers: It’s That Time Again

The Census of Agriculture, taken only once every five years, looks at land use and ownership, operator characteristics, production practices, income, and expenditures. Farmers and ranchers who did not receive the 2017 Census of Agriculture and did not receive other United States Department of Agriculture (USDA) surveys or censuses have until June 30, 2022 to sign up to receive the 2022 Census of Agriculture.

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Biden Launches "Rural Partners Network" to Reform and Improve Support for Ag-America Part 2

The Biden Administration recently announced an interagency effort to help state, local, tribal, and territorial governments in rural areas implement much needed infrastructure for agricultural communities. Late last year, the federal government made funding available through passage of the $1.2 trillion Bipartisan Infrastructure Law – one of the most important bipartisan efforts that Congress achieved in 2021. To put those funds to work, President Biden directed federal agencies to reform and improve the way they deliver infrastructure improvement services.

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Biden Launches "Rural Playbook" for Expanded Relief to Ag-America

The Biden Administration recently announced an inter-agency effort to help state, local, tribal, and territorial governments in rural areas access billions of dollars to fund much needed infrastructure for agricultural communities. The government funding is made available through the $1.2 trillion Bipartisan Infrastructure Law – one of the most important bipartisan efforts passed by Congress in 2021.

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Dairy Farmers Alert: USDA Extends Deadline for Enrolling in Dairy Margin Coverage and Supplemental DMC Programs

Due to comparatively low enrollment rates thus far, the U.S. Department of Agriculture (USDA) has extended the deadline to enroll in the federal government’s Dairy Margin Coverage (DMC) and Supplemental Dairy Margin Coverage (SDMC) programs for fiscal year 2022. The new deadline to apply for 2022 coverage is March 25, 2022.

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Poultry Farmers Alert: HPAI Avian Flu Confirmed in U.S.

As if Americans don’t have enough medical concerns, poultry farmers now have an additional challenge to face: the discovery of bird flu in the U.S. The Animal and Plant Health Inspection Service (APHIS) of the United States Department of Agriculture (USDA) recently confirmed the detection of a highly pathogenic Eurasian H5 avian influenza (HPAI) in a wild American wigeon duck in Colleton County, South Carolina.

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Starting 2022 Off Right: The Infrastructure Investment and Jobs Act Includes Significant Funding for Bringing Broadband Access to Rural America

The Infrastructure Investment and Jobs Act ("IIJ Act") signed into law by President Joe Biden on November 15, 2021, was hailed by the White House and advocates as a historic investment to improve internet access in America. In the law, Congress for the first time recognizes that "access to affordable, reliable, high-speed broadband is essential to full participation in modern life in the United States."

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USDA Secretary Vilsack Announces Federal Funding to Assist Programs Focusing On Underserved Producers

The American Rescue Plan, passed by Congress and signed into law by President Joe Biden in 2021, provides federal funding to counter the current pandemic and deliver immediate and direct relief to families and workers impacted by the COVID crisis through no fault of their own. Under Section 1006 of the new law, the U.S. Department of Agriculture (USDA) received substantial funding to help underserved farmers, ranchers, and foresters secure the education, tools and support they need to succeed in agriculture.

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USDA Support Payments Now Available for Farmers Affected by the Pandemic

Many farmers are not aware of a key program that can help replace revenue lost due to the COVID-Pandemic. If you lost restaurant accounts or farmers market sales during 2020, or had other pandemic related business losses, the Corona Financial Assistance Program 2 (CFAP 2) may be able to help.

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2020-2025 Dietary Guidelines for Americans: What You Need to Know

The newest edition of the Dietary Guidelines for Americans (Guidelines), published jointly by the United States Department of Agriculture ("UDSA") and the Department of Health and Human Services ("HHS"), was released just before the New Year. Published every five years, the Guidelines are science-based recommendations designed to foster healthy dietary patterns for all Americans.

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USDA’s 2020 Local Food Marketing Practices Survey is Heading to Local and Regional Producers

The National Agricultural Statistics Service (NASS), an agency of the U.S. Department of Agriculture (USDA), will conduct the 2020 Local Food Marketing Practices Survey, beginning this month.

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Adios, Cigarros Cubanos (And Alcohol Too, Mi Amigos and Amigas)!

Politics continues to interfere in the orderly market for alcohol beverages, this time stepping into the barely relaxed market for rum, cigars and similar products from Cuba.

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EPA Directed to Deny Biofuel Waivers to Domestic Oil Refiners

Reuters News Service reported on September 8, 2020, that the Environmental Protection Agency has been directed to deny dozens of oil refiner requests for retroactive waivers from U.S. biofuel laws. EPA implements the biofuels program, Renewable Fuel Standard (RFS), a federal law requiring that domestic oil refiners must blend billions of gallons of biofuels into their fuel, or buy credits from those that do.

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U.S. Fish and Wildlife Service Rejects Habitat Designation for Endangered Rusty Patch Bumble Bee

On August 31, 2020, the Trump Administration announced it would not designate critical habitat for the first bee species in the continental U.S. to be listed as endangered, a move that environmentalists said would worsen its chances for recovery. The U.S. Fish and Wildlife Service said it had determined the rusty patched bumblebee could survive without having specific areas managed for its protection, even though its population has plummeted 90% in the past couple of decades.

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USDA to Convene a Virtual Town Hall on Salmonella

The U.S. Department of Agriculture announced that its Office of Food Safety (OFS) and the department’s Food Safety and Inspection Service (FSIS) will hold a virtual public meeting on Salmonella contamination of food. The USDA’s Agricultural Research Service (ARS), the U.S. Food and Drug Administration (FDA), and the Centers for Disease Control and Prevention (CDC) also will participate in the September 22nd meeting, to which the public and all food industry stakeholders are invited.

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HEROES Act has Important Benefits for American Farmers and Farmworkers

House of Representatives is about to pass the Health and Economic Recovery Omnibus Emergency Solutions (HEROES) Act stimulus package, backed by Speaker Nancy Pelosi. The plan includes a 15 percent increase in Supplemental Nutrition Assistance Program (SNAP) aka "Food Stamps" benefits, raising the minimum payment by $30 per month. It would give the USDA an extra $10 billion to cover the rise in SNAP spending, along with fresh funding for child nutrition programs ($3 billion), the WIC program ($1.1 billion) and food banks ($150 million).

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USDA Adds Commodities Eligible for Coronavirus Food Assistance Program (CFAP)

On July 9, 2020, U.S. Secretary of Agriculture Sonny Perdue announced an initial list of additional commodities that have been added to the Coronavirus Food Assistance Program (CFAP). Producers are now able to submit applications that include these commodities to USDA’s Farm Service Agency (FSA), which will accept applications through August 28, 2020.

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FDA Will Resume Domestic Inspections in Late July

Months after halting most inspections amid the coronavirus disease (COVID-19) pandemic, the US Food and Drug Administration (FDA) is planning to resume on-site domestic inspections beginning the week of July 20, 2020.

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Food Law Guest Column: "COVID-19 Is the Opportunity Plant-Based Alternatives Have Waited For"

GrayRobinson’s food law practice group presents the Modern Restaurant Management article "COVID-19 Is the Opportunity Plant-Based Alternatives Have Waited For," written by guest writer Hannah Blau, Project Manager at The Perfect Bite.

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Washington State Leads the Way to Greater Farm Worker Safety

As a direct result of striking farm workers’ efforts, Washington State has taken progressive steps to strengthen America’s food chain by approving new laws mandating stronger protections for agricultural workers.

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ACT NOW! Federal COVID19 Support for Food Producers

On April 17, 2020, USDA Secretary Sonny Perdue announced the Coronavirus Food Assistance Program (CFAP), which will provide $16 billion in direct support related to the coronavirus pandemic. CFAP will use the funding and authorities provided in the Coronavirus Aid, Relief, and Economic Security Act (CARES), the Families First Coronavirus Response Act (FFCRA), and other USDA existing authorities. The program includes two major elements to achieve these goals.

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COVID-19: CDC Issues Reopening Guidance for Restaurants and Bars

The Centers for Disease Control and Prevention ("CDC") recently released guidelines to help restaurants and bars safely reopen during the COVID-19 pandemic. The one-page decision tree maps out different courses of action and outcomes based on the food service establishment’s ability to meet certain safeguards.

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Is the Seafood Import Monitoring Program (SIMP) Fighting Fraudulent Fish?

Have you ever sat down at a pricey seafood restaurant, perused the menu, and decided to order yourself the lavender jobfish? No, you say? Well, you may never have ordered it, but chances are you’ve eaten it. Data published by advocacy group Oceana in 2013 showed that a frightening 59% of seafood sold by restaurants and grocery stores was mislabeled.

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FDA Relaxes Nutrition Facts and Menu Labeling Requirements for Restaurants and Food Manufacturers During Covid-19 Emergency

The U.S. Food and Drug Administration (FDA) has issued two temporary food labeling guidance documents that attempt to balance industry supply and demand during the novel coronavirus pandemic. As reported every day in the news, kitchens across the country are shuttering often with inventory on hand and retailers cannot stock their shelves fast enough to meet consumer demand as panic-buying abounds.

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USDA Issues Waivers for Supplemental Nutrition Assistance Plan in Response to COVID-19, Including Expansion of the Online SNAP Program for EBT Customers

The United States Department of Agriculture ("USDA") has made several changes to the Supplemental Nutrition Assistance Program ("SNAP") in order to assist users during the COVID-19 pandemic. Many of these changes are temporary waivers, while some of them may become permanent. Individual states have been filing requests for waivers with the USDA since the crisis began, and the federal government is granting those waivers at a record rate.

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Fight COVID-19 by Supporting Farmworkers and Truckers

The recently-floated proposal to cut farmworker wages as a means of helping shore-up the nation’s food supply during the COVID-19 pandemic is both misguided and counterproductive. Now more than ever, federal, state and local governments need to expand support for the farm workers who harvest the nation’s food, as well as the truckers who transport those harvests and keep the country’s food distribution system operating.

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FDACS Clarifies Hemp Industry Permitting Requirements

On February 14, 2020, after receiving many permitting questions relating to various aspects of the Florida hemp industry, the Florida Department of Agriculture and Consumer Services ("FDACS") issued a clarifying chart to summarize the basic requirements. The chart is helpful for a few reasons.

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USDA Issues New Regulation Creating the Domestic Hemp Production Program

On October 31, 2019, the U.S. Department of Agriculture published a new regulation establishing the U.S. Domestic Hemp Production Program. A requirement of the 2018 Farm Bill, this new program creates a comprehensive regulatory framework through which the USDA can approve plans submitted by States and Indian Tribes for the domestic production of hemp. It also establishes a Federal plan for hemp producers in States or territories of Indian tribes that do not have their own USDA-approved plan.

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New York and Michigan Ban Flavored E-Cigarette and Vape Products

This week both Michigan and New York banned the sale and distribution of flavored electronic nicotine delivery systems (ENDS) products which are often referred to as e-cigarettes or vape products. Both bans were championed by the state governors as a way to keep these products out of the hands of minors. Because the bans are a result of the adoption of emergency rules, the bans are effective immediately. However, both states have indicated they will have a limited period of enforcement discretion to allow impacted industry members to come in to compliance with the new requirements. Below is a brief summary of state flavored ENDS product bans.

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What Farmers Need to Know About "Prevented Planting" This Season

Extraordinary catastrophic weather has afflicted several of America’s most important agricultural states. Since March of this year, heavy snow and rain have brought record flooding to the Midwest, stalling farmers' fieldwork and slowing shipments across a wide swath of the Farm Belt From Iowa and Iowa through Kansas and Nebraska to Minnesota and South Dakota. Florida and the Southeastern growing states are still working to recover from the devastation of Hurricane Michael, even as Hurricane Season has resumed for 2019.

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Where Does the Law Stand on Producing Foods and Beverages Containing Cannabidiol (CBD)?

In his April 2, 2019 press release, then-FDA Commissioner Scott Gottlieb, M.D., confirmed the agency’s position that passage of the Agriculture Improvement Act of 2018 (the 2018 Farm Bill) and its removal of "hemp" from Schedule 1 of the Controlled Substances Act did not disturb the FDA’s current authority to regulate products containing cannabis or cannabis-derived compounds under the Federal Food, Drug, and Cosmetic Act (FD&C Act) and section 351 of the Public Health Service Act. In essence, the FDA retains authority to regulate foods, beverages and health products containing cannabis or derivative products such as cannabidiol (CBD).

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FSIS Reforms to Include Removal of Dual Labeling Requirements for Certain Quantities of Meat and Poultry Products

The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) announced on April 16, 2019, that it the agency is proposing to amend labeling regulations to remove duplicative net weight and net content requirements for packages that contain certain quantities of meat or poultry products. The proposed regulation would apply to products in quantities of at least one pound or one pint, but less than four pounds or one gallon.

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Congress Agrees on a 2018 Farm Bill

The 2018 Farm Bill Committee leaders in Congress have released a final bill. If passed and signed into law by President Trump, the bill will better connect beginning and socially disadvantaged producers with the tools and resources they need to start and sustain vibrant food and farm businesses. It would also help both established and beginning farmers to tap growing markets by providing permanent, mandatory funding for local and regional food production and organic research.

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USDA Alert - Last Chance to Answer Agriculture Census

The USDA's National Agricultural Statistics Service will end its data collection for the 2017 Census of Agriculture on July 31, 2018. Anyone who received the Census questionnaire is required by law to respond by that date. The same law that requires response – Federal law, Title 7 USC 2204(g) Public Law 105-113 – also requires NASS to keep all information confidential, to use the data only for statistical purposes, and to only publish data in aggregate form to prevent disclosing the identity of any individual producer or farm operation.

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Salmonella Risks Resurface as Fresh Cut Melon Products Recalled

The U.S. Food and Drug Administration (FDA) has announced a major recall of pre-cut melons produced by Caito Foods from April 17 to June 7, 2018, due to a risk that the fruits contain Salmonella.

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Taking Food Certification to the Next Level: From "Organic" to "Regenerative Organic"

The growing social acceptance of "organic" as an integral component of America’s food supply is undeniable. Organic food sales in the United States increased by 8.4% during the calendar year 2016 to reach $43 billion, marking the first time sales surpassed $40 billion, according to the Organic Trade Association's industry survey, released on May 24, 2017. The 8.4% jump contrasted to an increase of only 0.6% in overall U.S. food market sales. Moreover, organic fruits and vegetables, the largest organic food category, accounted for nearly 40% of all organic food sales, rising 8.4% to $15.6 billion in 2016. Organic fruit and vegetables made up almost 15% of the produce that Americans consumed in 2016. Sales of organic meat and poultry rose more than 17% in 2016, to $991 million in 2016. Organic dips and organic spices, although still smaller categories, recorded double-digit jumps in sales; organic dip sales increased 41% to $57 million, and organic spice sales increased 35% to $193 million.

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SNAP vs. America’s Harvest Boxes: A Battle to Safeguard Food Security in the United States

To ensure an accurate representation of the agriculture industry in this country, the United States Department of Agriculture’s National Agricultural Statistics Service (NASS) has extended the 2017 Census of Agriculture response deadline through spring. This survey is directed to all farmers and ranchers across the United States

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America's Farmers and Ranchers: The 2017 Agriculture Census Needs Your Input

To ensure an accurate representation of the agriculture industry in this country, the United States Department of Agriculture’s National Agricultural Statistics Service (NASS) has extended the 2017 Census of Agriculture response deadline through spring. This survey is directed to all farmers and ranchers across the United States

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Bumble Bee Foods Consents to Relabeling Smoked Salmon Products in Order to Avoid Class Action Lawsuit

On February 1, 2018, Bumble Bee Foods, LLC agreed to repackage its canned salmon filets to end a proposed class action in California federal court. In the case of Miguel Rodriguez et al. v. Bumble Bee Foods LLC, case number 3:17-cv-02447 (U.S. District Court for the Southern District of California), the plaintiff was a consumer accusing Bumble Bee of misrepresenting that its canned salmon was smoked and wild-caught, when in fact the fish was farm-raised and processed using added liquid smoke flavoring. The plaintiff sought class action status on behalf of all similarly-situated consumers of Bumble Bee’s canned Premium Select Medium Red Smoked Salmon Filets in Oil.

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Congress Launches the Precision Agriculture Connectivity Act of 2018

A bi-partisan group of Congressional leaders in both the House of Representatives and the Senate introduced the Precision Agriculture Connectivity Act of 2018 on January 25, 2018. If enacted into law, the new legislation would facilitate the use of Internet and satellite technologies to enhance farming productivity across the United States.

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Multistate Outbreak of E. coli O157:H7 Infections Could Be Linked To Romaine Lettuce

Starting in November of 2017, reports began surfacing about a new outbreak of food-borne illness in parts of the United States and Canada. In the ensuing two months, more than fifty people across North America have become ill from a dangerous strain of E. coli bacteria. Canadian health officials believe the cause may be romaine lettuce infected with a virulent strain of E Coli bacteria.

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Fruits And Vegetables With Higher Potassium Levels May Help Reduce Arterial Sclerosis And Calcification

Scientists publishing a new study in the journal JCI Insight have concluded that high-potassium foods such as avocados and bananas protect the arteries against hardening or calcification. Researchers at the University of Alabama at Birmingham found that increased potassium consumption protects against atherosclerosis, vascular calcification, aortic stiffness, or the hardening of the heart's arteries.

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Initial Congressional "Listening Session" For 2018 Farm Bill Scheduled for Florida

The Agriculture Committee of the U.S. House of Representatives announced the first of several committee activities across the country intended to stimulate conversation and gather input from farmers, ranchers and stakeholders. "The Next Farm Bill, Conversations in the Field," is an effort by the Ag Committee to stimulate conversation and gather input from farmers, ranchers and agriculture stakeholders. The program was announced by House Agriculture Committee Chairman K. Michael Conaway (R-TX) and Ranking Member Collin Peterson (D-MN), and will involve a series of committee listening sessions conducted across America.

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Scientists Publish New Study Analyzing How Bread Aromas And Tastes Interact To Produce Flavor

TAMPA, FL - May 31, 2017 - Psychologists rank the enjoyment of eating and drinking among the key criteria used to measure quality of life. For food scientists, chefs and gourmets, the pleasures of food derive in part from the aromatic odorants, also known as "volatile organic compounds," impacting taste buds in the mouth and olfactory sensors in the nasal canal, where the combination of taste and aroma becomes flavor.

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FDA Will Begin Enforcing Menu Labeling Requirements in Less Than Two Months: Covered Establishments Must be Prepared

After many delays, the U.S. Food and Drug Administration is slated to begin enforcing its menu labeling rule on May 5, 2017. The Food Labeling; Nutrition Labeling of Standard Menu Items in Restaurants and Similar Retail Food Establishments rule, codified at 21 CFR 101.11, applies to retail food establishments with twenty (20) or more locations. These establishments must provide information on their menus including (i) calorie counts for standard menu items, (ii) a succinct statement regarding recommended calorie intake and, (iii) a statement regarding the availability of additional written nutritional information.

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FDA’s Deeming Rule Extends the Agency’s Authority over Tobacco Products

On May 05, 2016, the U.S. Food and Drug Administration (FDA) finalized the long awaited and slightly contentious rule: "Deeming Tobacco Products To Be Subject to the Federal Food, Drug, and Cosmetic Act" (the "Deeming Rule"). The Deeming Rule extends the FDA's authority to regulate tobacco products to include electronic nicotine delivery systems (such as e-cigarettes and vape pens), all cigars, hookah (waterpipe) tobacco, pipe tobacco, and nicotine gels.

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FDA Issues New Federal Regulations for Food Shippers and Transporters

On April 5, 2016, the U.S. Food and Drug Administration (FDA) announced final promulgation and issuance of a new food safety rule under the FDA Food Safety Modernization Act (FSMA) that governs transportation of food. The new rule on Sanitary Transportation of Human and Animal Food, which goes into effect either one or two years following official publication depending on the size of the regulated business, will require those involved in transporting human and animal food by motor or rail vehicle to follow recognized best practices for sanitary transportation, such as properly refrigerating food, adequately cleaning vehicles between loads and properly protecting food during transportation.

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Charting New Directions in Food Recycling and Donations

While California’s recent commitment to a statewide $15/hour minimum wage currently dominates news headlines, the state continues to lead by example in a variety of other areas. One key example of California’s progressive leadership is in the area of recycling and greenhouse gas (GHG) emission goals.

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Trial Court Upholds NYC Regulation Mandating Chain Restaurant Menu Labeling for Excess Salt Content

On February 24, 2016, a New York state trial judge ruled that chain restaurants in New York City must warn customers about menu items containing high levels of sodium. At issue is a municipal regulation adopted by the New York City Board of Health in September of 2015 that applies to chain restaurants operating in the city; the rule defines a "chain" as restaurants with 15 or more locations nationwide. The new rule requires chain restaurants to label menu items containing 2,300 milligrams or more of sodium with a salt shaker symbol and a warning that consuming high levels of salt can increase blood pressure and risk of heart disease and stroke.

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FDA Extends Public Comment Period for New Regulation on Labeling "Gluten-Free" Foods and Beverages

The US Food and Drug Administration (FDA) recently announced that it has extend the period for public comments on a proposed rule to establish requirements for fermented and hydrolyzed foods, or foods that contain fermented or hydrolyzed ingredients, and bear a "gluten-free" claim. FDA is extending the comment period for the proposed rule on gluten-free labeling for fermented or hydrolyzed foods by 60 days.

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FDA Extends Public Comment Period on Proposal to Define "Natural" for Food Labeling Purposes

The FDA has extended the deadline for receiving public comments regarding the need for promulgation of regulations relating to the food and beverage industries’ use of the term "natural" on food labeling. The public comment period will end on May 10, 2016, rather than the end of February, as initially communicated by the agency.

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Congress Delays FDA's Implementation of Final Restaurant Menu and Vending Machine Labeling Requirements for Chains with 20+ Locations

Through the passage of its bi-partisan omnibus tax bill, the Consolidated Appropriations Act of 2016 (the "Act"), Congress has substantially extended the timeline for the U.S. Food and Drug Administration’s enforcement of the agency’s new rules on standard restaurant menu labeling. At this point, there is no date certain as to when compliance will be required. The FDA announced last year that it would give chain restaurants until December 1, 2016, to comply with its final regulation requiring chain restaurants to post calorie counts for the foods they sell.

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White House Establishes Pollinator Health Task Force to Address Colony Collapse Disorder

The White House announced the Obama administration is creating a federal task force to promote the health of honey bees and other pollinators. The task force will look at the expanding, but still largely mysterious, epidemic of Colony Collapse Disorder as well as various issues causing a decline in bee population. The ultimate goal of the task force is to help expand the habitat for bees and other pollinators such as butterflies.

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As U.S. and Global Drought Conditions Worsen, Scientists Look Off-Shore for Water Solutions

California is entering the third year of a drought, and Gov. Jerry Brown is under pressure to declare a drought emergency that could ease pumping restrictions. Lack of water for irrigation is a huge problem for the state’s vital agriculture sector, which in turn will impact all of America’s food supply as well as U.S. exports to global markets.

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New Year's Considerations: Tax Relief for Farmers and Ranchers Hit by Continuing Drought

As a new year begins, it’s the ideal time for farmers and ranchers to take stock of their operations from a taxation point-of-view. For example, in many parts of America 2013 provided a repeat performance of the terrible drought conditions that plagued 2012. Farmers and ranchers who were forced this past year to sell livestock due to drought should take note that the Internal Revenue Service has extended once more the period of time in which to replace the livestock and defer tax on any gains from the forced sales. To qualify, the livestock generally must be replaced within a four-year period. The IRS is authorized to extend this period if the drought continues.

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Latest Case of Infection Suggests Human Contraction of Avian Flu is Expanding

Chinese health officials have confirmed the first case of H7N9 avian influenza contracted by a human near Hong Kong. Although there have been previous incidents of human infection in the Shanghai area of Eastern China, this latest incident reflects a significant geographic migration of several hundred miles southward for the disease.

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FDA Declares Probiotics Produced by DuPont to be Generally Recognized As Safe (GRAS)

PROBIOTICS (from pro and biota, meaning "for life") are health-enhancing bacteria. Probiotics are more formally defined by the Food and Agriculture Organization of the United Nations as: "live microorganisms which, when administered in adequate amount, confer a health benefit on the host." A growing body of scientific evidence suggests that consumption of probiotic bacteria with certain foods or as diet supplements can treat, and even prevent, some illnesses. Northern Europeans typically consume large quantities of these beneficial microorganisms because of their tradition of eating foods fermented with bacteria, such as yogurt. Probiotic-laced beverages are also big business in Japan.

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Elisabeth Hagen Announces Departure as Under Secretary for Food Safety at FSIS

Dr. Elisabeth Hagen, the Under Secretary for Food Safety at the Food Safety and Inspection Service of FSIS, has tendered her resignation from the agency. She will be leaving in mid-December of this year.

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Make Yourself Read This: $5 Billion in Automatic Cuts to America's Food Stamp Program Go Into Effect

Economic stimulus spending dedicated to funding America’s food stamp program, in place since 2009 due to the Great Recession, expired on November 1, 2013. As a result, $5 billion is being cut automatically from the federal government’s 2014 budget for the food stamp program, now known as the Supplemental Nutrition Assistance Program (SNAP).

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Oklahoma State University Food Demand Survey (FooDS) Guages Changing Consumer Demands and Perceptions

Despite an increased willingness to pay for food, many consumers expressed mistrust in the American food system, reported a September Food Demand (FooDS) survey.

The FooDS survey is conducted online monthly by researchers at Oklahoma State University, and measures consumer preferences regarding food quality, safety, and meat demand. Initiated in May of 2013, the purpose of the survey is to track consumer preferences and sentiments on the safety, quality, and price of food consumed at home and away from home. The survey collects and compiles data regarding consumer awareness of food-related issues and events, and produces an index depicting consumer demand for several retail meat products. The survey’s sample size includes 1,000 individuals, and is intended to match the US population in terms of age, gender, education and region of residence.

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Federal Court Denies Meat Industry Request to Stop USDA's New Country of Origin Labeling (COOL) Regulation

The U.S. District Court for the District of Columbia has denied a meat industry coalition’s request for a preliminary injunction to prohibit enforcement of the U.S. Department of Agriculture’s revised mandatory country-of-origin labeling ("COOL") regulation. In a decision issued on September 11, 2013, U.S. District Judge Ketanji Brown Jackson determined that enforcement of the new regulation would not result in the kind of irreparable injury that is required for injunctive relief.

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USDA Announces New "Humane Handling" Requirements for Suppliers of Meat to Federal Nutrition Assistance Program

The USDA recently announced new humane handling and welfare guidelines that must be in place by July 1 2013 for harvesting establishments that supply beef, pork and/or lamb raw materials that are used in finished products supplied to federal nutrition assistance programs. The new expanded requirements for meat-harvesting suppliers of government-administered food programs represent significant additional responsibilities for humane handing and welfare of animals. More importantly, the new regs may be a sign of standards to come for the entire meat industry...

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