Monthly Archives: October 2021

October 22, 2021 Weekly Round Up

Here are some of the ag law stories that have been in the news recently. *HSUS files lawsuit against Smithfield.  The Humane Society of the United States has filed suit against Smithfield Food alleging the company made false claims regarding animal care standards that mislead consumers.  In particular, the lawsuit takes aim at claims related to gestation crates and group housing of sows.  [Read article here.] *Groups object to EPA rule banning chlorpyrifos.  You may recall from this prior blog post that the EPA passed a rule that… Read More →

Trifecta of “Ag Gag” Opinions

Recently, there have been three appellate court opinions related to “ag gag” statutes in states around the country.  Although they differ in detail, “ag gag” statutes essentially make it illegal to gain access to agricultural operations in order to photograph or record agricultural operations without consent.  They target both unauthorized access such as trespass, but also frequently prohibit providing false information, such as on an employment application, to gain access to the facility. Here is a brief summary of those recent decisions.  For a more detailed explanation of… Read More →

Questions from Tiffany’s Desk: What Statutory Protections Apply if Hunters Are Injured on My Land?

Question:  What statutory protections are available as a defense to a landowner if hunters are injured on my land? Answer:  With opening weekend for deer season right around the corner, this is a great and timely question. There are two main statutes that could apply in this situation:  Texas Recreational Use Statute and Texas Agritourism Act.  As you will see, there are many situations, including hunting, where both statutes may be an available defense if someone is injured. Recreational Use Statute The Texas Recreational Use statute provides that a… Read More →

October 8, 2021 Weekly Round Up

It has been a busy week with agricultural law news coming in from across the country!  Let’s get caught up on some of the biggest stories in the news. *Texas federal court dismisses COVID-19 negligence lawsuit against Tyson. The US District Court for the Eastern District of Texas dismissed a lawsuit employees brought against Tyson Foods claiming Tyson was negligent  in the safety measures put in place at their facilities, which caused the plaintiffs to contract COVID-19.  The court found these claims were preempted by the Poultry Products… Read More →

Texas Farm Animal Liability Act FAQ

As you may recall from several prior posts, the Texas Legislature passed several changes to the Texas Farm Animal Liability Act  (FALA) that went into effect on September 1, 2021.  To read more detail about the Farm Animal Liability Act and these changes, click here. After fielding many questions from folks who just wanted basic information (and less of the legal detail that lawyers like me enjoy so much), I thought a quick frequently asked questions breakdown might be useful. What is the FALA?  The Farm Animal Liability… Read More →