Ag Law FInal

According to the CDC between ___% of Americans regularly consume raw milk products.

1-3

How many cabinet level departments are in the executive branch?

15

According to the 2012 USDA Census of Agriculture, how many farms are there in the US?

2.1 million

To obtain organic certification, a farmer must show that it has not applied unapproved synthetic chemicals to his or her production land for a period of ___ years.

3

What percent of US farmland is leased?

40

According to the 2012 US Census of Agriculture, what is the average age of a principal operator?

58

How many states currently have ag gag laws in place?

8

What percent of animals slaughtered in the US are raised and processed in the modern industrial agriculture system?

95 %

What is common law?

A collection of judicial decisions, customs, and general principles that began centuries ago in England and which continues to develop today.

What is the appeals process?

A higher court can sometimes review a lower court's decision and reverse the outcome. The US Supreme Court is the highest court in the land.

What is an executive order?

A non-legislative directive by the president that has the force of law

Which of the following is the best legal definition of a nuisance?

A substantial and unreasonable interference with another person's property interest.

Which of the following best defines the ballot initiative process?

A system that allows state residents to put laws to a general vote provided they obtain a minimum number of petition signatures.

Which of the following statements about wills and trusts is accurate?

A trust is an agreement that allows a party to have control of your assets and to manage them for the benefit of named beneficiaries, whereas a will is a document that describes your wishes regarding dispersal of your property upon death.

Which of the following is not one of the guiding principles that agencies must observe when interpreting and enforcing the Coordinated Framework?

Agencies must take into account public acceptance and social license when considering novel biotechnology products.

What is the authority of administrative agencies?

Although the Department heads report to the President, federal agencies are creatures of Congress. Through statutes, Congress gives agencies their authority and defines the scope or limits of that authority.

Which of the following best defines a preliminary injunction?

An order that a party can obtain in the beginning of a lawsuit that prohibits a party to the lawsuit from doing something in order to preserve the status quo.

Which of the following is not one of the official reasons Monsanto gives to support its decision to sue farmers who save its seeds.

Asserting intellectual property rights against farmers regardless of their scale and resources sends a clear message to other producers that seed licenses should be taken seriously and respected.

According to the USDA 2012 Census of Agriculture, the largest type of livestock produced in the United States measured by agricultural sales is:

Cattle

The Constitution is designed to prevent any one branch of the Federal Government from becoming too powerful. What is this concept called?

Checks and Balances / Separation of Powers

Which of the following is not one of the four legal classes of animals according to US law?

Commercial

Administrative agencies derive their authority and jurisdiction from:

Congress

What is the legislative branch?

Congress

According to the USDA 2012 Census of Agriculture, the largest crop produced in the United States measured by agricultural sales is:

Corn

Which of the following best defines the legal concept of judicial precedent?

Courts have to follow the reasoning and decisions of courts with greater authority.

What is judicial precedent?

Courts have to follow the reasoning and decisions of courts with greater authority. Also called "Stare Decisis."

In response to the Jack in the Box outbreak, the USDA declared that ________________ is a per se adulterant in raw non-intact ground beef.

E. coli O157:H7

The Constitution provides the Executive Branch with the power to ____ the law.

Enforce

Which of the following is not one of the agencies involved in administration of the Coordinated Framework?

FDCA

Under the Coordinated Framework, what is the EPA's key statute and what is the agency's primary mandate under the statute?

FIFRA; Must ensure that the pesticide will not pose unreasonable risks of harm to human health or the environment.

True or False: In response to a salmonella outbreak linked to Foster Farms poultry products in 2013, the USDA declared salmonella a per se adulterant.

False

True or false? AMS Grading standards are mandatory on USDA regulated food products.

False

True or false? Food Product Dating is used to warn consumers about whether a particular food is safe to eat.

False

True or false? Since the RFS was enacted, Congress has kept up with the statutory mandated increases in the levels of renewable fuel sources that must be blended into our fuel system.

False

True or false? The Coordinated Framework was updated routinely after its adoption in 1986 to account for new developments in biotechnology.

False

True or false? USDA FSIS Inspectors use a "sight, touch, and smell" test when inspecting meat products intended for retail sale in the United States.

False

True or false? Under Arkansas equitable distribution approach to divorce, the parties are limited to receiving a 50/50 split of marital assets regardless of other factors and unique circumstances in the marriage.

False

True or false? When it comes to establishing that an eminent domain taking is for a public use, courts have interpreted the definition of a "public use" narrowly to include only those projects that would have a direct public purpose, i.e., a government facility.

False

Which was the first state to use the ballot initiative process to enact a farm animal welfare law involving confinement?

Florida

Complete this sentence: To be assigned an FSIS inspector and process meat products for distribution in commerce, a facility must apply for and receive a ___________________.

Grant of Inspection

Which of the following type of label claims are not required to receive pre-approval from the USDA?

Green Claims/Environmental Claims

In the United States, our average meat consumption has __________.

Increased

True or false? If a spouse owns a business prior to marriage, he or she is allowed to keep the business upon divorce regardless of whether his or her spouse made financial contributions to the business or provided support for the business during the marriage.

It depends

Which of the following best describes the Coordinated Framework for the Regulation of Biotechnology?

It describes the Federal system for evaluating products developed using modern biotechnology.

True or false? According to the statute of frauds, an agreement must be in writing when:

It is not capable of being performed in under one year or it involves a contract for the sale of goods more than $500.

Which of the following best defines Good Samaritan laws?

Laws that provide immunity from civil liability to individuals who donate unused food to any nonprofit organization.

What are the three branches of government?

Legislative, Executive, Judicial

Which of the following best describes the 28-hour law?

Livestock animals transported for 28 hours or more must be given an opportunity to water, eat, and rest, subject to some exceptions.

What is the authority of congress?

Make the law (override the pres veto, impeach the pres, declare war, and borrow money)

The current federal GMO labeling statute, enacted in 2016, imposes a ___________ labeling standard for foods containing genetically modified ingredients.

Mandatory

The FDA regulates human food animals that have been genetically engineered as:

New Animal Drugs

How does US law allocate the burden of drift prevention between GMO cultivators and non-GMO cultivators?

Non-GMO cultivators bear the burden and costs of identifying and preventing GMO contamination.

Which of the following is not one of the four states that have banned the use of battery cages, gestation crates, and veal crates through a state ballot initiative?

North Carolina

Which of the following is not an example of reasonable steps that a non-GMO cultivator can take to protect against GMO drift.

Obtaining a preliminary injunction to prevent neighboring agricultural operations from engaging in activities that have a high probability of resulting in drift.

Which of the following is not one of the requirements that a product must meet to be labeled Certified Organic?

Payment of a certification fee to the National Organic Program.

The FDA will consider a food to be misbranded if its labeling is false or misleading. When determining whether a product's labeling is misleading, what two factors will the FDA consider?

Representations and omissions of material facts

Which of the following best defines FSMA's Foreign Supplier Verification program?

Requires food importers to make physical inspections of foreign food facilities and to personally certify that the foreign food facility produces food as safely as domestic food producers.

What are the 2 legal theories/frameworks, that states generally use to regulate the intrastate sale of raw milk products: (Hint: not the add-ons, just the basic frameworks.)

Retail sales and on-farm sales

Which of the following is not one of the 6 fundamental property rights:

Right to Expand

According to the 2012 USDA Census of Agriculture, the majority of farms in the US are:

Small Farms & Family Owned

When it comes to the length of a lease, there are 4 main types of tenancies. Which of the following is not one of them?

Tenancy at equity

Which of the following best describes the FDA's approach to the use of the term "natural" in food labeling?

The FDA has not defined the term natural, but does not object to its use if the food does not contain added color, artificial flavors, or synthetic substances.

Which of the following statements is correct?

The USDA regulates meat, poultry, processed eggs, while the FDA regulates dairy, produce, shell eggs, and seafood.

Which of the following is not one of the three principle assumptions incorporated in the Coordinated Framework?

The approval of products produced using biotechnology should be subject to rigorous agency examination.

Administrative agencies derive their authority and jurisdiction from:

The legislative branch

Which of the following best defines a nuisance according to general property law principles?

The unreasonable, unwarranted and/or unlawful use of property, which causes inconvenience or damage to others.

Which of the following best defines the legal concept of federalism?

There are 2 separate court systems that can hear legal disputes: state courts and federal courts.

True or False? Although most state anti-cruelty statutes exclude or exempt farm animals from their protections, states often prosecute livestock owners for acts of gross negligence.

True

True or false? According to the 2012 USDA Census of Agriculture, the majority of farmland that is leased in the US is owned by non-operator landowners.

True

True or false? Animal agriculture is a very consolidated industry where only a handful of companies control the overwhelming majority of production.

True

True or false? FSMA requires food testing to be performed at an accredited laboratory.

True

True or false? When it comes to the duty of care that a property owner owes to guests, the level of care and safety they must provide depends on the reason that the guest is on the property.

True

What is the highest court in the judicial branch?

U.S. Supreme Court

Does Arkansas have an ag gag law?

Yes

What is the unofficial fourth branch of the government?

administrative agencies

What system is congress and what are the two sub-branches?

bicameral: house of representatives (435) and senate (100)

Why are there three branches of government?

checks and balances

What is the judicial branch?

court system

The Constitution provides Congress with the power to ____ the law.

create

What is the authority of the judicial branch?

interpret the laws

What is the executive branch?

president

What is federalism?

there are 2 different court systems that can hear legal disputes: state and federal

What is the authority of the president?

to uphold and enforce the law