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The increased complexities and regulations associated with the world’s oldest industry have led to a greater need for legal counsel throughout the agriculture supply chain. Clark Hill’s attorneys assist with all facets of agriculture to ensure clients remain compliant and maximize the potential of their production.

Agriculture clients have leveraged our counsel for various environmental aspects of concentrated animal feeding operation facilities (CAFO), including permitting, nuisance suits, government enforcement, and a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) suit brought against numerous CAFO permittees.

Dairy, beef, and poultry manufacturing and packaging companies have also sought our counsel on various environmental issues involving feed yards, processing, quick freeze, and transportation.

Energy Use and Production

Effective energy management includes identifying a system that best meets a company’s needs, negotiating agreements between the client and vendor, and using the information gathered to achieve energy efficiency. Clients benefit from our energy team that combines energy management professionals along with the targeted legal counsel of our energy and utility law attorneys.

Environmental Permitting, Compliance, and Litigation

Clients are supported by our attorneys for all matters of environmental issues, from obtaining air, water, wetland, and other permits, to counseling on agricultural water, waste, and byproduct management issues. We regularly defend administrative and regulatory investigations and actions for clients of all sizes, as well as litigate land use and natural resource issues.

Food Safety Modernization Act, USDA, and FDA Compliance

Agriculture clients employ our attorneys for handling FDA regulatory matters, transportation and import/export issues, civil and criminal enforcement, intellectual property, unfair competition, and product liability defense.

Regulatory Counseling

Clients implementing the Food Safety Modernization Act also leverage our attorneys for counsel on rules related to the Act and related regulatory guidance concerning preventive controls, produce safety, foreign supplier verification, third-party auditors, sanitary transport, and mitigation strategies to protect food against intentional adulteration.

Clients also seek our team’s counsel in the following areas:

  • Facility and product licensing
  • Supplier and supply chain compliance
  • Track and trace
  • Policies related to the Perishable Agricultural Commodities Act
  • Labeling
  • Claims substantiation
  • New dietary ingredients
  • Packaging and food contact substances
  • Emerging and emergent product adulteration