We are approximately nine months into FDA’s animal feed and pet food facility inspections for compliance with the Food Safety Modernization Act (FSMA) Preventive Controls for Animal Food (PC) rule. With PC inspections starting for small businesses this Fall, there are a few lessons we have learned from the inspections that have occurred to date.

Continue Reading Is Your Animal Food Safety Plan up to Snuff?

On several occasions, the latest being March 27, 2019, we blogged about the Iowa “ag gag” law, which made it a criminal offense for persons to use false representations to gain access to farms and ranches for the purpose of exposing animal rights abuses. The District Court in Iowa held that the statute violated

We blogged on March 12, 2018, about the State of Iowa’s appeal of a District Court order finding that its so-called “ag-gag” statute violated the First Amendment.  The statute made it a criminal offense to gain access to farm facilities by false pretenses or to make a knowingly false statement in an employment application.  The purpose is to make it harder for undercover investigations to uncover animal abuse.

Continue Reading Ag-Gag Law Update

We blogged most recently on December 27, 2018, about several states’ challenges in the Supreme Court to animal welfare laws enacted by both California and Massachusetts. The states sought permission to file suit in the Supreme Court under the Court’s original jurisdiction. On January 7, 2019, the Court denied leave to file.

The Solicitor

We had previously blogged, most recently on December 27, 2018, about the constitutional challenge to California’s ban on the sale of foie gras produced by traditional force-feeding of poultry. On January 7, 2019, the Supreme Court denied certiorari in the producers’ challenges and that appears to end the matter.

The 1921 Packers & Stockyards Act (PSA), among other things, prohibits packers, swine contractors and poultry dealers from using any “unfair, unjustly discriminatory, or deceptive practice.” It also prohibits them from giving any “undue or unreasonable preference or advantage” to any person.  For decades, federal courts have held that these provisions only apply to conduct

On December 19, 2017 and June 9, 2018, we blogged about the challenges 13 states had launched against California’s minimum space requirements for egg-laying hens. They also challenged a similar law in Massachusetts.  The petition sought leave to challenge those requirements via an action in the Supreme Court under the Court’s original jurisdiction.

On May

We have blogged on several occasions, most recently on June 7, 2018, about the varied fate of so-called “ag-gag” laws. These laws seek to prevent, in one way or another, undercover investigations of the quality of producers’ facilities, usually involving care of animals or poultry.  On September 15, 2017, we blogged about the Tenth Circuit’s

On May 29, 2018, we blogged about the Supreme Court challenge to California’s ban on traditional foie gras. Our prediction that the Court would seek the advice of the Solicitor General on whether to grant the petition has proven accurate. On June 18, 2018, the Court asked the Solicitor General for his views. That means