USDA

Oh, SNAP! Might Congress Finally Level the SNAP Retailer Playing Field?

Few Americans are aware that a federal agency, USDA’s Food and Nutrition Service (FNS), makes decisions that often result in the permanent disqualification of grocers, supermarkets, and convenience stores from SNAP, formerly know as the federal food stamp program, based on information and records never provided to stores or their attorneys.  It is mind-boggling for

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The Emerging Legal Impacts of Generative AI on Patents and Trademarks: A Symposium with the USPTO and U.S. Copyright Office

As generative artificial intelligence (AI) systems become increasingly powerful and widespread, the United States Patent and Trademark Office (USPTO) is beginning to evaluate the legal implications for intellectual property rights and protection. On March 27th, the USPTO and the U.S. Copyright Office jointly held a public symposium to explore the emerging challenges AI presents across

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Shipping Grains for Sale in Foreign Commerce: What Exporters Need to Know

While many requirements pertaining to exported goods are imposed by the importing country, in the case of exporting grains, the U.S. Department of Agriculture (USDA) Agricultural Marketing Service’s (AMS) Federal Grain Inspection Service (FGIS) maintains requirements of its own. Specifically, certain exporters of qualifying grains must register with FGIS prior to shipping grains overseas. Entities

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Association Events Targeted for Scams

Since the beginning of 2024, our Trade Association professionals have seen an increase in scammers targeting persons who may be attending or have registered to attend trade association events such as meetings, shows, and conferences. These scammers email potential attendees and offer to sell, for a hefty cost, the attendee list and their contact information.

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Small Businesses Face Reporting Obligations Under The U.S. Corporate Transparency Act

Beginning January 1, 2024, the U.S. Corporate Transparency Act (CTA) will expect a wide range of small companies to begin filing reports identifying “beneficial owners.” These “Beneficial Ownership Information” reports (BOI Reports) include name, birthday, address, and a unique identifying number and issuing jurisdiction from an acceptable identification document. All companies with fewer than 20

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November Food and Agriculture Regulatory Recap

OFW’s Food & Agriculture team regularly monitors announcements and policy issuances from FDA, USDA, and other agencies to keep our clients apprised of regulatory developments that may impact their business. Here are a few of the developments from November that should be highlighted. If you have any questions or would like more information, please do

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Arkansas Becomes the First State to Enforce Foreign-Ownership Land Restrictions

On October 17, 2023, Arkansas became the first state to enforce a state law banning certain foreign entities from owning agricultural land (doing so under Act 636, which blocks “prohibited foreign-party-controlled business” from owning public or private land directly or through affiliation). Arkansas Attorney General, Tim Griffin ordered Syngenta Seeds LLC. to sell 160 acres

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How will FDA and USDA operate during a Government Shutdown?

Will we wake up to a federal government shutdown on October 1st? Many of the ingredients required for a shutdown are present. There may be a breakthrough that will allow Congress to coalesce around an approach to appropriations. However, Congress may not get on track to pass all of the appropriations packages by the end

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NALC Announcement of John Dillard's Meat and Poultry Labeling Webinar

Dillard to Provide Webinar on USDA Meat and Poultry Labeling Requirements

OFW Law’s USDA Practice Head, John Dillard, will be providing a free webinar on USDA Food Safety Inspection Service (FSIS) regulatory requirements for labeling meat and poultry products on July 12th (Wednesday) at Noon Eastern. The webinar is hosted by the National Agricultural Law Center and is open to the public — CLICK HERE TO REGISTER. John’s

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Hemp Now Included in Agricultural Technical Advisory Committee (ATAC)

The United States Department of Agriculture (USDA) will include ‘Hemp’ in the title of one of the six Agricultural Technical Advisory Committees (ATACs) – noting a significant evolution in both agriculture and cannabis policy. Specifically, ‘Hemp’ has now earned a place within the ATAC titled ‘Tobacco, Cotton, Peanuts, and Hemp.’ The ATACs were established under

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Oh, SNAP! New York Federal Judge Holds Food and Nutrition Act’s Thirty-Day Judicial Review Deadline is Jurisdictional

  In a decision of importance to SNAP retailers, a U.S. District Court judge has held that the thirty-day deadline for seeking judicial review of Final Agency Decisions issued by USDA’s Food & Nutrition Service (FNS) is jurisdictional.  In an opinion issued on June 6, 2023 in Mohammed v. USDA, Case No 22-cv-4721, Judge Mary

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SCOTUS Upholds Prop 12 – What This Means for the Pork Industry

On May 11, 2023, the Supreme Court of the United States (SCOTUS) upheld, in a 5-4 decision, a California law restricting the sale of pork in California. In National Pork Producers Council v. Ross, SCOTUS was tasked with answering the question: “Does a California law that prohibits the sale of pork from animals confined in

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Oh, SNAP! USDA Still Not Addressing Discrimination at FNS Against Minority & Immigrant Retailers

On February 28, 2023, USDA’s Equity Commission issued its 2023 Interim Report containing recommendations to advance equity at USDA. The Interim Report’s cover letter states, “Our commitment to equity is about creating an agricultural economy, a rural economy, and an American economy that create opportunity for all.” Given the Equity Commission’s focus on rural and

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Oh, SNAP! Eighth Circuit Court of Appeals Holds Transaction-Specific Evidence Is Not Required

In a decision of profound importance for SNAP retailers, the United States Court of Appeals for the Eighth Circuit in Euclid Market Inc. v. United States Through United States Department of Agriculture, 2023 WL 2028707 (C.A.8 (Mo.), 2023), issued an opinion vacating a judgment for the United States in a case concerning the permanent disqualification

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Oh, SNAP! FNS’s Restaurant Rule Forces SNAP Retailers to Sell Sin Goods

USDA’s Food & Nutrition Service (FNS) authorized more than 250,000 SNAP retailers across the country. For many years, SNAP retailers sold substantial amounts of SNAP-eligible food items that were sold cold to SNAP beneficiaries and heated post-sale. While FNS confirmed that this practice did not violate its SNAP regulations, the agency contended that it “circumvented

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John Dillard of OFW Law

Dillard Receives Purdue University Apex Award

OFW Law Principal John Dillard has received the 2022 Purdue University Department of Agricultural Economics Apex Award. The Apex Award is given to individuals associated with Purdue’s Agricultural Economics Department who have made outstanding accomplishments in their fields. The Apex Award is the highest honor bestowed by Purdue’s Agricultural Economics Department. In connection with the

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OFW Law’s Ackerman Discusses AFIDA in Agri-Pulse

OFW Law’s Ken Ackerman was featured in an Agri-Pulse article discussing the Agricultural Foreign Investment Disclosure Act (AFIDA). In the article, “While Foreign Purchases of US Land Surge, USDA’s Reporting Penalties Plunge,” Mr. Ackerman discussed his experience in representing clients on AFIDA matters. AFIDA is a law administered by USDA’s Farm Service Agency (FSA). Under

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