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SARL Members and Alumni News

Indiana Trial Court Applies Right-toFarm Act

Indiana Ag Law | Posted on April 19, 2018

The Hendricks County Superior Court ruled in favor of a group of hog farmers and their cooperative when it dismissed a lawsuit against them. The Lawsuit was filed by neighbors who argued that the hog farm was a nuisance, that the farm's location was rhe result of negligent siting and that the farm would release odors which would trespass on neighbor's property.  The plaintiffs argued the farm itself had been negligently sited, so the RTFA should not apply. There was no evidence the plaintiffs’ alleged damage had been caused by any negligent operations, and the negligent siting theory impeded on the county’s right to grant zoning permission to locate a farm within the county. The plaintiffs have 30 days to appeal.

Missouri Attorney General defends states’ sovereign, economic interests

Farm Futures | Posted on April 18, 2018

California imposes its poultry cage rules on states hoping to sell to California consumers. In requesting the U.S. Supreme Court to accept its complaint in the California cage size case, Missouri’s Attorney General states, “Unless this Court acts, California will continue to impose new agricultural regulations on other states in violation of federal law and those States’ sovereign, quasi-sovereign, and economic interests…”. The Attorneys General from Missouri, Alabama, Arkansas, Indiana, Iowa, Louisiana, Nebraska, Nevada, North Dakota, Oklahoma, Texas, Utah, and Wisconsin state they have “…a claim of seriousness and dignity between Sovereign States over which this Court [U.S. Supreme Court] has exclusive jurisdiction.” The complaining states are requesting the Court to hear this case between them and the state of California. The complaining States make it clear California has a history of ignoring federal statutes.

Ohio EPA addressing river nutrients

Farm and Dairy | Posted on April 18, 2018

With the expectation that new water quality rules are coming to Ohio’s large rivers, the Ohio EPA is holding informational meetings to discuss the indicators of polluted rivers, and potential targets for nutrient loading. In March, the Ohio EPA released a draft report of the state’s latest list of impaired water bodies, which included the western basin of the open waters of Lake Erie. The state has battled water quality concerns over the past decade related to harmful algal blooms in the lake, and nutrient overloading in its rivers.

PA preserves 27 farms throughout state

Fox News | Posted on April 17, 2018

Pennsylvania’s Agricultural Land Preservation Board has safeguarded 27 farms throughout the state, State Agriculture Secretary Russell Redding announced. Three of the 27 farms are in Lancaster County while two others reside in Lebanon and York counties.

Pet groomers would be required to be trained and licensed with proposed NJ law

My Central Jersey | Posted on April 17, 2018

Those who use pet groomers expect to pick up a fluffy, clean animal at the end of their visit, not a box with their pet's remains. But that's not what some New Jersey families have experienced.Following news reports that three dogs have died after pet-salon visits in the state in the past five months, State Sen. Kip Bateman (R-Dist. 16)  announced Tuesday he is introducing legislation requiring pet groomers to be trained and licensed.“It is sadly far too common for us to read of dog grooming deaths in the news,” Bateman said. “It’s clear that something needs to be done to improve training and oversight. That’s why I’m introducing ‘Bijou’s Law’ as a smart and sensible approach to protect our pets and save lives. People take their dog to the groomers with the reasonable expectation that their pets will be treated properly and returned to them clean and healthy, and not in a box.” The law comes less than a week after Daryl Kipnis, attorney for Danielle DiNapoli, whose English bulldog, Scruffles, died last year after being groomed at PetSmart in Flemington, announced plans for "Scruffles Law." "Scruffles Law" calls for an animal justice revision to the New Jersey Civil Code that would allow pet owners to sue for damages, including statutory damages of $10,000 in the event of possible gross negligence or recklessness when pets are in the care of others.

Indiana’s AG weighs in to help agriculture in Supreme Court

Farm Futures | Posted on April 16, 2018

Indiana farmers must choose between ignoring Massachusetts’ regulations or complying with them to sell product in that state.Curtis Hill, Attorney General for Indiana, is requesting the United States Supreme Court block the implementation of the Massachusetts’ Prevention of Farm Animal Cruelty Act (Animal Law).The Republican Indiana official on March 16, 2018, filed a Reply Brief in the Supreme Court to support an original Bill of Complaint. He argues “The Supreme Court shall have original and exclusive jurisdiction of all controversies between two or more states.”

Tennessee Rural Hospital Transformation Act of 2018

Tennessee legislature | Posted on April 16, 2018

This bill requires that the department of economic and community development shall establish and manage a grant program to support rural hospitals in assessing viability and identifying new delivery models, strategic partnerships, and operational changes that enable the continuation of needed healthcare services in rural communities (the "rural hospital transformation program"). For purposes of this bill, a rural hospital is a hospital located outside of a major urban or suburban area; provided, that the hospital may be located within a metropolitan statistical area. This bill requires the department to identify contractors to provide consultations to rural hospitals deemed eligible by the state for the rural hospital transformation program ("target hospitals") for the creation of strategic plans to provide recommendations and actionable steps for preserving healthcare services in the target hospital communities' transformation plans. The full text of this bill lists six items to be included in transformation plans. This bill authorizes target hospitals to apply to the department for review and approval to receive consultation from identified contractors for the development of a transition plan.

Missouri bills: If it comes from a lab, it’s not meat

Watt Ag Net | Posted on April 12, 2018

As the sale of cell-cultured foods become closer to a reality, lawmakers in Missouri want to protect its livestock and poultry producers. If you don’t know what cell-cultured foods are, another name to which I have heard them referred is laboratory-grown meat. However, the latter name is exactly what the legislators don’t want to hear or seen used in the Show Me State.Bills in both the state’s Senate and House of Representatives have been proposed that if passed, would prohibit companies from advertising and promoting those products as meat.Rep. Jeff Knight has proposed Missouri HB 2607, while Sen. Sandy Crawford has proposed Missouri SB 977. The bills are identical, and read as follows: “Currently, no person advertising, offering for sale, or selling a carcass shall engage in any misleading or deceptive practice including misrepresenting the cut, grade, brand or trade name, or weight or measure of any product. This act also prohibits misrepresenting a product as meat that is not derived from harvested production livestock or poultry.”

How Ponce's law will help protect Florida pets | Posted on April 12, 2018

Gov. Rick Scott signed a bill into law that will help prevent animal-abuse offenders from owning pets. Ponce’s Law is named after Ponce, a Labrador retriever puppy found beaten to death in Ponce Inlet last year. The puppy’s owner, Travis Archer, is awaiting trial on felony animal cruelty charges. What the animal-cruelty law does do is allow judges to bar offenders from owning a pet for a court-ordered period of time.The law also increases the chances of offenders receiving a sentencing that includes jail time. Ponce’s Law increased the severity ranking of an animal abuse-related crime. For example; before Ponce’s Law, an offender would have scored a Level 3 offense, which carries 16 points. After the law that same offense is a Level 5, with 28 points, meaning if a person is convicted on an animal cruelty charge they are more likely to do jail time.

Oregon governor signs net neutrality bill

AP | Posted on April 12, 2018

Oregon Gov. Kate Brown signed a bill Monday withholding state business from internet providers who throttle traffic, making the state the second to finalize a proposal aimed at thwarting moves by federal regulators to relax net neutrality requirements. The bill stops short of actually putting new requirements on internet service providers in the state, but blocks the state from doing business with providers that offer preferential treatment to some internet content or apps, starting in 2019. The move follows a December vote by the Federal Communications Commission repealing Obama-era rules that prohibited such preferential treatment, referred to generally as throttling, by providers like AT&T, Comcast, and Verizon.