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Fifth Circuit Rules for PACA Claimants, and Weakens PACA, All in One Curious Ruling

February 15, 2017

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The Perishable Agricultural Commodities Act regulates transactions in fresh and frozen fruits and vegetables. It does this in part by creating a general trust for the benefit of produce sellers.  In this post written for Bryan Cave’s Bankruptcy and Restructuring Blog, Atlanta Associate Leah Fiorenza McNeill tackles some of the bankruptcy implications of the PACA trust presented by the recent Fifth Circuit opinion in Kingdom Fresh Produce, Inc. v. Stokes Law Office (In re Delta Produce), which found that “the trust structure of PACA mandates that produce sellers be paid in full even prior to the costs of counsel which collected every single dollar needed to pay those very produce sellers’ claims.”  Leah concludes:

Kingdom Fresh can be viewed as a victory for produce sellers and other beneficiaries of PACA – once again, such creditors are declared to be first among all other creditors.  But its slavish devotion to

The European Commission Takes Back the Reins on Novel Food

With the continuing influx of foreign foods, algae, insects, microorganisms and foods with new molecular structures in our diets, the European Union has decided to put in place a harmonized procedure to vet – or not – these “novel foods” before they are placed on the market. This procedure is set out in the recent EU-wide Regulation which will enter into force beginning 2018. “Novel food” is defined as any food product which was not generally consumed in the European Union before 1997 (the date of the first European legislation on this subject) or innovative food developed using new technologies.

Bryan Cave lawyers Kathie Claret and Raphael Roditi prepared this article on the new regulation, which will be of interest to food manufacturers and importers in the EU.

What do FDA’s Preventive Controls Rules Actually Mean?

St. Louis Partner Brandon Neuschafer authored an article Nov. 10 in Refrigerated & Frozen Foods magazine concerning the FDA’s Preventive Controls Rules. Released on Sept. 10, the rules aim to shift the focus of U.S. food safety away from incident response and toward prevention. “FDA expects that many large facilities are already doing a vast majority of what is now being required,” Neuschafer wrote. “Those facilities may still need to develop additional documentation or tweak procedures. Interesting and complicated issues swirl around companies who are not themselves food facilities, but are technology and equipment providers to such facilities.” Click here to read his full article.

The 9th Circuit will address food labeling class actions

February 4, 2015

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The 9th Circuit will address food labeling class actions

February 4, 2015

Authored by: James Smith

Attached is an article from BNA regarding an amicus brief that Bryan Cave prepared for the Washington Legal Foundation, as well as an amicus brief from the U.S. Chamber of Commerce, in Jones v. ConAgra.  Jones should be an important decision from the Ninth Circuit regarding the implied ascertainability standard in consumer class actions and the standard for evaluating the adequacy of regression analyses proposed as tools to quantify class-wide injury in class actions generally.  A copy of our entire brief is here.

New FDA Menu Labeling Regulations to Be Released

August 15, 2014

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New FDA Menu Labeling Regulations to Be Released

August 15, 2014

Authored by: Sara Ahmed

You may recall that Digest covered the proposed FDA menu labeling regulations back in January 2014.

Although the regulations were supposed to roll out earlier this year, the FDA extended the comment period to continue to solicit industry feedback.

Now, as the proposed regulations are in its final stages of review, convenience stores and other small businesses are banding together to oppose their inclusion in the proposed menu labeling regulations.

Earlier this month, the Chairman of the National Association of Convenience Stores, Brad Call, complained that “[t]he FDA got the size and style all wrong for thousands of small businesses when it tried to fit them with the same heavy-duty menu-labeling regulations as big fast-food chains…When it comes to small businesses that just want to offer the convenience of a few prepared food items, let’s hope Congress discovers the common sense to design a solution that really fits.”

The regulations

Russia Sanctions Row Turns Into a Food Fight

In response to increasing pressure from individual and sectoral sanctions imposed by the United States, EU, Canada, Norway, and Australia, Russian Prime Minister Dmitry Medvedev announced today that Russia will impose a total ban on imports into Russia of beef, pork, poultry, fish, preserved meats, sausages, fruit, vegetables, nuts, cheese, milk and dairy products from those countries.  The ban is to last for one year and is effective immediately.  While Mr. Medvedev suggested that the ban could be reconsidered within the one year time frame if the situation were to de-escalate, he also suggested that broader retaliatory measures could be taken if Western sanctions continue.  

News reports indicate that the ban could have significant effects on EU producers, for whom Russia is the second largest market.  EU pork had already been banned by Russia at the outset of EU sanctions, inflicting particular pain on Polish pork producers, who rely heavily

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