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Taste the rainbow… California is in charge …. Again

Fresh off its dictation to the pork industry on production methods, the California EPA has banned red dye no 3. This is based on peer reviewed articles where some of the information says the dye causes behavioral and cognitive issues in kids. Of note, the federal EPA hasn’t made the same stance. The dye is in a large amount of products and as California is one of the largest markets for consumption, food industry members will likely fall in line like the pork industry appears to be doing. They have until 2027 to come to heel.

Of note, this ban was labeled the “Skittles ban” as at one time, the ban included Titanium dioxide, which is part of the north American formulary for Skittles. That substance is still authorized, and Skittles doesn’t use Red 3 (nor does M&Ms btw). So, you are free continue to debate with your friends if the original Skittles have a different taste by color (the company position) or if they just smell different and that is what causes the taste difference (Neuroscientist Don Katz at Brandies University’s position)

Big Meat, Big Data, little paycheck for producers.

The USDOJ has taken aim at Agri Stats, Inc for its aggregating and sharing data with meat industry producers as an anti-trust action under the Sherman Act. The government is concerned the meat industry harmed farmers by having access to this information and flattened prices and output. The Company claims no harm no foul.

Big meat doing big meat things to farm producers is nothing new. Data drives decisions and if all the buyers of your product have all of the data and you have none, its easier to walk up the Bear Sand Dunes along Lake Michigan. If the DOJ actually gets somewhere that will be new. Upton Sinclair was the last effective anti-Trust regulator in the meat industry as far as I am concerned.

Treatment rules expanding.

The EPA has let the world know that it is considering adding pesticide coating treatments to the list of things that have to be inspected by FIFRA (Federal Insecticide, Fungicide and Rodenticide Act. Currently treated seed is exempted by a specific EPA determination. This change in position comes after environmental groups filed suit after first asserting their request in 2017. New York is already wading in on the side of regulation at the state level as they are considering a ban of treated seeds. I do think in this instance if the feds don’t expand the coverage, the I states (Iowa, Indiana, Illinois) have enough seed purchasing power that even California joining the ban at the state level won’t make treated seeds go away anytime soon.

Avast, Seed Pirates!

Corteva sued Inari Ag alleging they used another party to obtain genetic material and plant protected seed. This would be prevented under the PVP (Plant Variety Protection) certificates that Corteva has. Cortevea has indicates that Inari further modified the seed and tried to obtain its own patent.

This action is part of a larger effort by those who invest in seed technology to prevent those who didn’t’ from benefiting from their research and development of the product. It is sometimes referred to as seed piracy as it is a theft of intellectual property, and the image of a pirate immediately shapes the minds eye on who is the bad operator.

Monday, May 27, 2024
  • Patrick B. Dillon
  • Jill Dillon
  • Tori Beyer
Dillon Law PC
Patrick B. Dillon enjoys finding solutions to legal issues and catching problems for clients. Pat practices in the Sumner office regularly represents clients in district, associate district and magistrate courts for agricultural, real estate, criminal and collection issues. He drafts wills and trusts, creates estate plans and helps clients through the probate process.
Dillon Law PC
Jill is a University of Northern Iowa undergraduate (Political Science Cum Laude) and a Drake University Law School graduate. Jill is a firm owner but not currently accepting private pay clients. Jill still has ties to her family farm operation which includes a dairy herd.
Dillon Law PC
Tori is a University of Iowa undergraduate where she double majored in Criminology, Justice, and Law and Ethics and Public Policy and a North Dakota Law School graduate. Tori practices in the Sumner office. Tori's areas of practice include but are not limited to estate planning, wills/probate, criminal defense, and civil litigation.

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