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Attorneys general in 14 states filed papers in federal court today challenging the
constitutionality of the new health care legislation
The focus concerns the mandate requiring an individual to buy health insurance
The states are also worried about the extent to which the statute imposes a financial
burden -- in resources and personnel -- on them
Florida Attorney General Bill McCollum filed papers in the Northern District of Florida
shortly after noon March 23 - attorneys general from South Carolina, Nebraska,
Texas, Utah, Louisiana, Alabama, Michigan, Colorado, Pennsylvania, Washington,
Idaho and South Dakota joined Florida
McCollum said he's confident the case will go before the U.S. Supreme Court and that
the states will prevail
Virginia filed a separate suit in federal court in Richmond because of a state statute
worded specifically to block such a mandate
Some legal experts believe the legislation will initially survive constitutional challenges,
because there is a long line of precedent dating back to the New Deal allowing
Congress to regulate economic activity
Swanson in the spotlight over health care challenge
Following a statement from the DOT and NHTSA asserting that the unintended
acceleration issue potentially involving millions of Toyota vehicles is "not closed,"
McCuneWright, LLP, a law firm in Southern California, has filed a national class
action lawsuit on behalf of all Toyota and Lexus owners that claim to have
experienced this phenomenon. Representing the class will be Los Angeles County
residents Seong Bae Choi (owner of a 2004 Camry) and Chris Chan Park (owner of
a 2008 FJ Cruiser).
Toyota Class Action Suits Filed for Vehicle Owners and Stockholders
(AboutLawsuits.com)
Toyota Recall (Parker Waichman Alonso LLP) Toyota Sudden Unintended
Acceleration
Class-action lawsuits could cost Toyota $3B-plus (Minnesota Public Radio)
Agricultural Policy
Public Policy
Statutory Law
Administrative Law
Case Law
Companies (Industry)
Organization of Behavior in United
States; story of enterprise – economic
activity – in the United States is a story of
how we have established particular
agencies and given them power to
regulate – promote, establish standards,
and assess blame – specific activities
Consumer Finance Protection Industry
(SourceWatch)
Department of Homeland Security
U.S. Agricultural Policy
United State Department of Agriculture
A New Agricultural Policy for the United
Main foci States (www.mnproject.org)
• Commodities – quantity, quality, price Food and Agricultural Policy, Taking
• Export Stock for the New Century (USDA)
• Rural Development Agricultural Policy of the United States
(Wikipedia)
• Environmental Protection
Environmental Protection Agency
New terms in play
Food and Drug Administration
• Organic
Office of the United States Trade
Representative • Sustainability
Import-Export Bank • Genetically modified organisms
Legislative and Government Relations: Materials on U.S. Agriculture Policy (United
States Agricultural Information Network)
Institute for Agriculture and Trade Policy
Agricultural Policy Center (University of Tennessee)
The National Agricultural Law Center (University of Arkansas)
Minnesota Department of Agriculture
University of Minnesota Extension
Minnesota Agricultural Experimental Station
Minnesota Institute for Sustainable Development
Minnesota Statistics (National Agricultural Statistics Service)
Minnesota Farmers Union
Standard Industrial Classification
(Occupational Health and Safety Administration)
Production Spectrum
Surface Cover in the United States
%
Ownership Federal State Private
Arable 98.9
Pasture 32.0 6.8 61.0
Forest 38.7 5.1 56.1
Other 72.8 12.2 15.3
Commodities
Minnesota Land Use
Census of Agriculture
Size of Farms
Changes in Farm Size
Census of Agriculture
US Agricultural maps (USDA)
Farm Demographics (EPA)
Minnesota Statistical Office (NASS)
Minnesota Charts & Maps
Farms by Ownership Class
Farms by Operating Unit
Agricultural Subsidies
Production Spectrum
Tobacco
Tobacco Master Settlement Agreement
(University of Dayton)
Legislation
Farm Bill (Wikipedia)
Farm Bill (House Committee on Agriculture)
2008 Farm Bill (USDA)
Farm Bill Issues (ERS)
Center for Rural Affairs
FarmPolicyFacts.org
US Farm Bills (National Agricultural Law Center)
7 USC Agriculture
• Grain Standards
• Naval Stores
• Importation of Adulterated Seeds
• Insecticides and Environmental Pesticide Control
• Insect Pests Generally
• Golden Nematode
• Plant Pests
• Nursery Stock and Other Plants and Plant Products
• Rubber and Other Critical Agricultural Materials
• When? Why? Who? How?
• Consequences?
Cotton Standards
This chapter shall be known by the short
title of ''United States Cotton Standards
Act.” Mar. 4, 1923, ch. 288, Sec. 1, 42
Stat. 1517. Sec. 56
The Secretary of Agriculture is authorized
to establish from time to time standards
for the classification of cotton by which its
quality or value may be judged or
determined for commercial purposes
which shall be known as the official
cotton standards of the United States
United States Standards for Cotton
7 USC Agriculture 1-27f
This chapter may be cited as the ''Commodity Exchange Act''
Originally called "The Grain Futures Act' Sept. 21, 1922, ch. 369, Sec. 1, 42 Stat. 998
Renamed June 15, 1936, ch. 545, Sec. 1, 49 Stat. 1491
This chapter superseded act Aug. 24, 1921, ch. 86, 42 Stat. 187, known as ''The
Future Trading Act,'' which act was declared unconstitutional, at least in part, in Hill
v. Wallace, Ill. 1922, 42 S. Ct. 453, 259 U.S. 44, 66 L. Ed. 822
Section 3 of that act was found unconstitutional as imposing a penalty in Trusler v.
Crooks, Mo. 1926, 46 S. Ct. 165, 269 U.S. 475, 70 L. Ed. 365
Commodity Futures Trading Commission created in 1974 as an independent agency
with the mandate to regulate commodity futures and option markets in the United
States
7 USC Agriculture
• HONEYBEES. Aug. 31, 1922, ch. 301, Sec. 1, 42 Stat. 833
• COTTON RESEARCH AND PROMOTION
• POTATO RESEARCH AND PROMOTION
• EGG RESEARCH AND CONSUMER INFORMATION
• BEEF RESEARCH AND INFORMATION
• PECAN PROMOTION AND RESEARCH
• MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION
• LIME PROMOTION, RESEARCH, AND CONSUMER INFORMATION
• SOYBEAN PROMOTION, RESEARCH, AND CONSUMER INFORMATION
HASS AVOCADO PROMOTION, RESEARCH, AND INFORMATION
ACT of 2000 (Pub. L. 106-387, Sec. 1(a) (title XII, Sec. 1202), Oct. 28,
2000, 114 Stat. 1549; 7 U.S.C. 7801-7813)
Avocado Promotion
Congressional findings
• Hass avocados are an integral food source in the United States that are a
valuable and healthy part of the human diet and are enjoyed by millions of
persons every year for a multitude of everyday and special occasion
• Hass avocados are a significant tree fruit crop grown by many individual
producers, but virtually all domestically produced Hass avocados for the
commercial market are grown in the State of California.
• Hass avocados move in interstate and foreign commerce, and Hass avocados
that do not move in interstate or foreign channels of commerce but only in
intrastate commerce directly affect interstate commerce in Hass avocados
Avocados continued
• In recent years, large quantities of Hass avocados have been imported into the
United States from other countries
• The maintenance and expansion of markets in existence on October 28, 2000, and
the development of new or improved markets or uses for Hass avocados are
needed to preserve and strengthen the economic viability of the domestic Hass
avocado industry for the benefit of producers and other persons associated with
the producing, marketing, processing, and consuming of Hass avocados
• An effective and coordinated program of promotion, research, industry information,
and consumer information regarding Hass avocados is necessary for the
maintenance, expansion, and development of domestic markets for Hass
avocados
Regulations.gov
<avocado>
Food
21 U.S.C. Food and Drugs
21 CFR
Food
21 USC Sec. 342. Adulterated food. A food shall be deemed
to be adulterated
(a) Poisonous, insanitary, etc., ingredients
Food and Drug Administration (b) Absence, substitution, or addition of constituents
(c) Color additives
HHS (d) Confectionery containing alcohol or nonnutritive substance
USDA Food and Nutrition (e) Oleomargarine containing filthy, putrid, etc., matter
(f) Dietary supplement or ingredient: safety
www.foodsafety.gov (g) Dietary supplement: manufacturing practices
Food Law Org (Michigan State U)
21 USC Sec. 343. Misbranded food
21 USC Sec. 343-1. National uniform nutrition labeling
21 USC Sec. 343-2. Dietary supplement labeling exemptions
Federal Food Drug & Cosmetic Act
21 USC Sec. 342. Adulterated food. A food shall be deemed to be adulterated
(a) Poisonous, insanitary, etc., ingredients
(b) Absence, substitution, or addition of constituents
(c) Color additives
(d) Confectionery containing alcohol or nonnutritive substance
(e) Oleomargarine containing filthy, putrid, etc., matter
(f) Dietary supplement or ingredient: safety
(g) Dietary supplement: manufacturing practices
21 USC Sec. 343. Misbranded food
21 USC Sec. 343-1. National uniform nutrition labeling
21 USC Sec. 343-2. Dietary supplement labeling exemptions
• DRUGS AND DEVICES
• COSMETICS
• POULTRY AND POULTRY PRODUCTS INSPECTION
• MEAT INSPECTION
• EGG PRODUCTS INSPECTION
The United States Department of Agriculture (USDA)
Agricultural Marketing Service (AMS) facilitates the strategic marketing of agricultural
products in domestic and international markets while ensuring fair trading practices
and promoting a competitive and efficient marketplace
Agricultural Research Service (ARS) USDA's principal in-house research agency
Animal and Plant Health Inspection Service (APHIS) protects and promotes agricultural
health by administering the Animal Welfare Act and carrying out wildlife damage
management activities
Center for Nutrition Policy and Promotion (CNPP) works to improve the health and
well-being of Americans by developing and promoting dietary guidance that links
scientific research to the nutrition needs of consumers
Cooperative State Research, Education and Extension Service (CSREES) In
partnership with land-grant universities, and other public and private organizations,
CREES provides the focus to advance a global system of extramural research,
extension, and higher education in the food and agricultural sciences.
Economic Research Service (ERS) USDA's principal social science research agency.
Each year, ERS communicates research results and socioeconomic indicators via
briefings, analyses for policymakers and their staffs, market analysis updates, and
major reports
Farm Service Agency (FSA) aids farmers and ranchers as it works to stabilize income
through its efforts to conserve resources, provide credit and relieve operations from
the effects of disaster
Food and Nutrition Service (FNS) increases food security and reduces hunger in
partnership with cooperating organizations by providing children and low-income
people access to food, a healthy diet, and nutrition education in a manner that
supports American agriculture and inspires public confidence
Food Safety and Inspection Service (FSIS) enhances public health and well-being by
protecting the public from foodborne illness and ensuring that the nation's meat,
poultry and egg products are safe, wholesome, and correctly packaged
Foreign Agricultural Service (FAS) works to improve foreign market access for U.S.
products
Forest Service (FS) sustains the health, diversity and productivity of the Nation's
forests and grasslands to meet the needs of present and future generations
Grain Inspection, Packers and Stockyards Administration (GIPSA) facilitates the
marketing of livestock, poultry, meat, cereals, oilseeds, and related agricultural
products. It also promotes fair and competitive trading practices for the overall
benefit of consumers and American agriculture
National Agricultural Library (NAL) ensures and enhances access to agricultural
information for a better quality of life
National Agricultural Statistics Service (NASS) serves the basic agricultural and rural
data needs of the country by providing objective, important and accurate statistical
information and services to farmers, ranchers, agribusinesses and public officials
Natural Resources Conservation Service (NRCS) provides leadership in a partnership
effort to help people conserve, maintain and improve our natural resources and
environment
Risk Management Agency (RMA) helps ensure that farmers have the financial tools
necessary to manage their agricultural risks. RMA provides coverage through the
Federal Crop Insurance Corporation, which promotes national welfare by improving
the economic stability of agriculture
Rural Development (RD) helps rural areas to develop and grow by offering Federal
assistance that improves quality of life
7 CFR Agriculture
Food and Nutrition Service
Animal and Plant Health Inspection Service
Federal Crop Insurance Corporation
Agricultural Research Service
Natural Resources Conservation Service
Farm Service Agency
Grain Inspection, Packers and Stockyards Administration (Federal Grain Inspection
Service)
Agricultural Marketing Service (Marketing Agreements and Orders; Fruits, Vegetables,
Nuts)
Agricultural Marketing Service Agreements and Orders; (Milk)
Agricultural Marketing Service (Marketing Agreements and Orders; Miscellaneous
Commodities)
Northeast Dairy Compact Commission
Commodity Credit Corporation (CCC)
Foreign Agricultural Service
Rural Telephone Bank
Rural Utilities Service
Rural Housing Service
National Agricultural Statistics Service
Economic Research Service
Case Law
National Center for Agricultural Law
Agriculturelaw.com
American Agricultural Law Association
Agricultural Law (Hieros Gamus)
Agriculture (Cornell University, Legal Information Institute)
Agricultural Marketing Service
Administers programs that facilitate the efficient, fair marketing of U.S. agricultural
products, including food, fiber, and specialty crops
Six commodity programs--Cotton, Dairy, Fruit and Vegetable, Livestock and Seed,
Poultry, and Tobacco
Employ specialists who provide standardization, grading and market news services for
producers and consumers of the commodities
Enforce such Federal Laws as the Perishable Agricultural Commodities Act and the
Federal Seed Act
7 CFR Agricultural Marketing Service (Standards, Inspections, Marketing Practices)
Marketing Agreements and Orders
Help buyers and sellers market their perishable products in the most efficient manner
possible through distribution channels.
USDA Agricultural Marketing Service partner with State agencies for the benefit of
nationwide growers, shippers, brokers, receivers, processors and the foodservice
industry
Producers come together to work at solving marketing problems they cannot solve
individually.
Marketing orders are flexible tools that can be tailored to the needs of local market
conditions for producing and selling
But they are also legal instruments that have the force of law, with USDA ensuring an
appropriate balance between the interests of producers looking for a fair price and
consumers who expect an adequate, quality supply at a reasonable price
Fruit, Vegetable and Specialty Crop Marketing Orders
Cranberries
7 CFR 929--CRANBERRIES GROWN IN STATES OF MASSACHUSETTS, RHODE
ISLAND, CONNECTICUT, NEW JERSEY, WISCONSIN, MICHIGAN,
MINNESOTA, OREGON, WASHINGTON, AND LONG ISLAND IN THE STATE OF
NEW YORK
USDA National Agricultural Statistics Service
The American Cranberry (University of Wisconsin)
Cranberry Marketing Committee
Created to maintain favorable supply and demand equilibrium for the US cranberry
industry
The Agricultural Marketing Agreement Act of 1937, as amended, specifically includes
cranberries as a commodity that may be covered
Chapter IX, Title 7, Code of Federal Regulations, referred to as the Federal Cranberry
Marketing Order, 1962
In 1992, the Marketing Order was amended under Section 929.45 of the Act to allow
the CMC to promote the sale and use of cranberries and cranberry products
Currently, CMC conducts generic promotions in the United States, Japan, Germany,
and Mexico
Cranberries
Growers in US produced nearly 620 million pounds of cranberries in 2003, valued at
$208 million
More than half of the nation’s cranberries are produced in Wisconsin
Fresh cranberries are available from most suppliers from September to December
Frozen cranberries are available year round and are versatile enough for both
consumer recipes and as a food ingredient
Most of the cranberries harvested each year are processed into juice, juice blends, or
juice concentrate
Cranberry sauce jellied and whole
Sweetened dried cranberries an alternative to raisins
The unique taste of cranberry is also available in powder form, which is used as an
ingredient in dry mixes, sauces, meat rubs, beverages and seasoning blends
Northland Cranberries, Inc
• A vertically integrated grower, handler, processor and marketer of cranberries
and cranberry products.
• The company produces and sells Northland brand fresh cranberries and other
cranberry products through retail supermarkets and other distribution channels and
Northland 100% Juice Cranberry Blends, Seneca and Treesweet juice products
• The world’s largest cranberry grower with 17 growing properties in Wisconsin
• Corporate headquarters and administrative offices are in Wisconsin Rapids, WI.
• The only publicly owned cranberry company in the United States
Ocean Spray
Formed in 1930 by three cranberry growers from Massachusetts and New Jersey
An agricultural cooperative owned by more than 800 cranberry growers and 126
grapefruit growers located throughout the United States and Canada.
Headquarters in Lakeville-Middleboro, Massachusetts, it is North America's leading
producer of canned and bottled juices and juice drinks
Cape Cod Cranberry Growers Association
Ag concentration expanding - Star Tribune March 1, 2005
Since 1998 consolidation and concentration has been rising
Four beef packers, including Tyson Foods and Cargill Inc, now control 83.5% of the
beef-packing industry
Concentration continues to rise in almost all major agricultural markets
Food prices will be set by four or five large companies
A study indicates that multinational companies steadily have increased their stronghold
in every major market except ethanol
Firms making decisions about what crops are grown, where they are grown, and how
they are grown - essentially who's going to get what to eat
Such consolidation threatens the independence of U.S. farmers
Agricultural decision-making rests with the integrated global food system not farmers or
consumers
Concentration
4 firms, including Hormel Foods Corp. of Austin, Minn., control 64% of the pork-packing
industry
4 milling companies control 63% of the market, led by the Horizon Milling venture
formed by Cargill and CHS, followed by Archer Daniels Midland
3 firms control 71% of the soybean crushing operations with Cargill ranking third behind
ADM and Bunge
4 companies control 34% of the animal feed plants with Arden Hills-based Land
O'Lakes first, followed by Cargill Animal Nutrition
Cargill is also a leader in turkeys and other areas of the food system
Wal-Mart Stores, Kroger Co., Albertsons Inc., Safeway Inc. and Ahold USA Inc. control
46% of U.S. food retailing in 2004
The top two retailers are now selling about 25% of the food that moves through
supermarkets in this country
In 1997 the top five were selling 27%
Companies
Archer Daniels Midland
Nash Finch
Land O'Lakes
CHS
General Mills - Pillsbury
Safeway
Hormel Foods
Trade Associations
National Pork Producers Council
Minnesota Pork Producers
Cranberry Bogs in Wisconsin
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