Practice FINAL Ag Law

A. 2.1 million

According to the 2012 USDA Census of Agriculture, how many farms are there in the US? a. 2.1 million b. 1.5 million c. 3.6 million d. 88 million

D. Small Farms & Family Owned

According to the 2012 USDA Census of Agriculture, the majority of farms in the US are: a. Large Farms & Family Owned b. Large Farms & Non-Family Owned c. Small Farms & Non-Family Owned d. Small Farms & Family Owned

d. 1-3

According to the CDC between ____% of Americans regularly consume raw milk products a. 5-6 b. 6-7 c. 3-5 d. 1-3

A. Corn

According to the USDA 2012 Census of Agriculture, the largest crop produced in the US measured by agricultural sales is: a. Corn b. Soybeans c. Cotton d. Wheat

C. Cattle

According to the USDA 2012 Census of Agriculture, the largest type of livestock produced in the US measured by agricultural sales is: a. Sheep and goats b. Chickens, broilers and layers c. Cattle d. Pigs

c. The legislative branch

Administration agencies derive their authority and jurisdiction from: a. The executive branch b. The constitution c. The legislative branch d. The judicial branch

C. Congress

Administrative agencies derive their authority and jurisdiction from: a. The president b. The judicial branch c. Congress d. The Constitution

B. Grant of Inspection

Complete this sentence: To be assigned an FSIS Inspector or process meat products for distribution in commerce, a facility must apply for and receive a _________. a. Foreign Supplier Verification b. Grant of Inspection c. FSMA d. HACCP plan

d. Organisms that are not known or suspected to be plant pests or to pose a plant pest risk

Define a Regulated Article a. Organisms that are known or suspected to be plant pests or to pose a plant pest risk b. Organisms that have received a prior authorization c. Organisms that are known or suspected to be a plant pest and which are currently being examined in field trials d. Organisms that are not known or suspected to be plant pests or to pose a plant pest risk

a. Yes

Does Arkansas have an ag gag law? a. Yes b. No

d. $25,000

FSMA's Produce Safety Rule does not apply to farms that have an average annual value of produce sold during the previous three-year period of ______ or less a. $20,000 b. $500,000 c. $45,000 d. $25,000

c. 8

How many states currently have ag gag laws in place? a. 16 b. 6 c. 8 d. 18

A. E. coli O157:H7

In response to the Jack in the Box outbreak, the USDA declared that _____ is a per se adulterant in raw non-intact ground beef a. E. coli O157:H7 b. Salmonella c. Listeria d. Norovirus

D. Increased

In the US, our average meat consumption has ____. a. Fluctuated b. Stayed the same c. Decreased d. Increased

B. Checks and Balances/ Separation of Powers

The Constitution is designed to prevent any one branch of the Federal Government from becoming too powerful. What is this concept called? a. Federalism b. Checks and Balances/ Separation of Powers c. Judicial Precedent d. Judicial Review

C. Create

The Constitution provides Congress with the power to ___ the law a. Enforce b. Revoke c. Create d. Interpret

C. Interpret

The Constitution provides the judicial branch (courts) with the power to ___ the law a. Enforce b. Create c. Interpret d. Discontinue

A. Mandatory

The current federal GMO labeling statute, enacted in 2016, imposes a ____ labeling standard for foods containing genetically modified ingredients a. Mandatory b. Intermittent c. Voluntary d. Partial

C. 3

To obtain organic certification, a farmer must show that it has no applied unapproved synthetic chemicals to his or her production land for a period of ___ years a. 1 b. 2 c. 3 d. 4

B. False

True or False? AMS Grading Standards are mandatory on USDA regulated food products a. True b. False

A. 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 a. True b. False

b. 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 a. True b. False

a. True

True or false? A farming operation that would otherwise be protected by Arkansas' Right to Farm statute can be subject to a nuisance lawsuit if it changes in size and/or employs a new technology a. True b. False

a. True

True or false? An employer is vicariously liable for the tortious acts that its employees commit during the course and scope of employment a. True b. False

B. False

True or false? Food product dating is a mandatory labeling statement for all FDA-regulated products. a. True b. False

c. It depends

True or false? If a certified organic producers crop is subject to GMO drift contamination, he or she will lose his or her organic certification a. True b. False c. It depends

a. It depends

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 a. It depends b. False c. True

a. True

True or false? One method city planners use to integrate urban ag activities into a city is setback requirements for certain agricultural activities a. True b. False

B. False

True or false? Recent trends have shown that consumer preferences regarding food products are changing, but these shifts have not had any impact on the food production industry? a. True b. False

b. false

True or false? The coordinated framework was updated routinely after its adoption in 1986 to account for new developments in biotechnology a. True b. false

B. False

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

B. False

True or false? Under FSMA, the FDA does not have authority to detain food imports a. True b. False

a. 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 guests is on the property a. True b. False

C. Food sales averaging less than $500,000 per year during previous three years and farm sales to qualified end-users exceeds sales to all other combined during the previous three years

Under FSMA's Produce Safety Rule, a farm can obtain a Qualified Exemption from the rule's requirements if it meets which of the following two factors a. Food sales averaging less than $100,000 per year during the previous three years and farm sales to qualified end-users exceeds sales to all other combined during the previous three years b. None of the above c. Food sales averaging less than $500,000 per year during previous three years and farm sales to qualified end-users exceeds sales to all other combined during the previous three years d. Food sales averaging less than $500,000 per year during the previous three years and a permit from the USDA certifying exemption

b. PPA; must prevent the introduction of dissemination of plant pests in the United States

Under the Coordinated Framework, what is USDA-APHIS' key statute and what is the agency's primary mandate under the statute? a. FIFRA; Must ensure that the pesticide will not pose unreasonable risks of harm to human health or the environment b. PPA; must prevent the introduction of dissemination of plant pests in the United States c. FIFRA; must prevent the introduction or dissemination of plant pests in the US d. FDCA; Must ensure the safety and proper labeling of all plant-derived food and feed, including those developed through genetic engineering

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

Under the Coordinated Framework, what is the EPA's key statute and what is the agency's primary mandate under the statute? a. FIFRA; must ensure that the pesticide will not pose unreasonable risks of harm to human health or the environment b. PPA; must prevent the introduction or dissemination of plant pests in the US c. FIFRA; must prevent the introduction or dissemination of plant pests in the US d. FDCA; must ensure the safety and proper labeling of all plant-derived food and feed, including those developed through genetic engineering

d. FDCA; must ensure the safety and proper labeling of all plant-derived food and feed, including those developed through genetic engineering

Under the Coordinated Framework, what is the FDA's key statute and what is the agency's primary mandate under the statute? a. PPA; must prevent the introduction or dissemination of plant pests in the US b. FIFRA; Must prevent the introduction or dissemination of plant pests in the US c. FIFRA; must ensure that the pesticides will not pose unreasonable risks or harm to human health or the environment d. FDCA; must ensure the safety and proper labeling of all plant-derived food and feed, including those developed through genetic engineering

D. Retail stores and on-farm sales

What are the 2 legal theories/frameworks, that states generally use to regulate the interstate sale of raw milk products (Hint: not the add-ons, just the basic framework) a. Pasteurized Milk Ordinance and Respondent Superior b. FSMA and United Milk Produce of America Act of 1975 c. Negligence and HACCP d. Retail stores and on-farm sales

d. 40

What percent of US farmland is leased? a. 20 b. 25 c. 45 d. 40

d. 95%

What percent of animals slaughtered in the US are raised and processed in the modern industrial agricultural system? a. 99.5% b. 9.5% c. 5% d. 95%

d. 87

What percent of farmland lease landlords are non-operational landowners? a. 20 b. 13 c. 40 d. 87

b. Tenancy at equity

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? a. Term of years b. Tenancy at equity c. Tenancy at will d. Periodic

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

Which of the following best defines a nuisance according to generally property law principles? a. A tangible and direct interference with the right to use and enjoy one's property b. The unreasonable, unwarranted and/or unlawful use of property, which causes inconvenience or damage to others c. A reasonable but unjustifiable use of property, which causes inconvenience or damage to others d. A subjective believe that a neighbors' use of his or her property is unreasonable and substantial interference with your health, well-being, and property usage

B. 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 best defines a preliminary injunction? a. The first document a party files with that is used to initiate the litigation, identify the parties being sued in the lawsuit, state the factual basis for the plaintiff's claim. b. 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 c. A doctrine derived from the Constitution stating that federal laws will preempt or take precedence over any state laws seeking to regulate the same conduct d. There are 2 separate court systems that can hear legal disputes: state courts and federal courts

b. A set of industry-derived standards reflecting the practices that the industry deems humane and acceptable

Which of the following best defines accepted agricultural practices and their role in livestock production? a. A set of regulations provided by the USDA regarding the methods that can be used during the transport and slaughter of livestock animals b. A set of industry-derived standards reflecting the practices that the industry deems humane and acceptable c. A set of guidelines derived by a third-party auditing company to provide consumers with assurance regarding animal welfare methods d. None of the above

c. 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 best defines the ballot initiative process? a. A system that re-allocates voting rights among laypersons and agricultural producers b. A system by which voters in one state can overturn laws in another state that put an unreasonable burden on interstate commerce c. A system that allows state residents to put laws to a general vote provided they obtain a minimum number of petition signatures d. A legislative effort to obtain voter feedback on a proposed measure

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

Which of the following best defines the legal concept of federalism? a. There are 2 separate court systems that can hear legal disputes; state courts and federal courts b. The doctrine that authorizes Congress to regulate interstate commerce c. A doctrine derived from the Constitution stating that federal laws will preempt or take precedence over any state laws seeking to regulate the same conduct d. The doctrine that prevents one branch from having too much power or acting beyond the scope of its authority

C. A doctrine derived from the Constitution stating that federal laws will take precedence over any state laws seeking to regulate the same conduct

Which of the following best defines the legal doctrine of preemption? a. The doctrine that prevents one branch from having too much power or acting beyond the scope of its authority b. There are 2 separate court systems that can hear legal disputes: state courts and federal courts c. A doctrine derived from the Constitution stating that federal laws will take precedence over any state laws seeking to regulate the same conduct d. The doctrine that authorizes Congress to regulate interstate commerce

c. One company owns or has control over nearly every step of the production process

Which of the following best defines vertical integration in industrial animal agriculture? a. A system by which producers can expand their existing operations to include additional components such as processing or feed productions b. None of the above c. One company owns or has control over nearly every step of the production process d. An expedited method for producing livestock animals in the US

c. A ballot measure setting minimum space requirements for three different species of livestock animals

Which of the following best describes California's Prop 2? a. A newly-enhanced bill prohibiting the in-state sale of certain egg products that were not produced in accordance with state confidential laws b. A law that sets clear, specific, minimum space requirements for commercial egg-laying hens c. A ballot measure setting minimum space requirements for three different species of livestock animals d. A rule issued by the California Department of Agriculture to clarify the maximum space requirements that egg-laying hens must receive

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

Which of the following best describes the 28-hour law? a. Livestock animals intended for interstate sale cannot be transported longer than 28 hours b. Livestock animals transported for 28 hours or more must be given an opportunity to water, eat and rest c. Slaughterhouses must process all livestock animals within 28 hours of arrival if the products are to be sold in interstate commerce d. Livestock animals transported for 28 hours or more must be given an opportunity to water, eat, and rest, subject to some exceptions

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

Which of the following best describes the Coordinated Framework for the Regulation of Biotechnology? a. It reflects the White House's current policies regarding the regulation of biotechnology, including how each agency should apply its existing laws to regulate biotechnology products b. It describes the federal system for evaluating products developed using modern biotechnology c. None of the above d. It describes a set of voluntary guidelines that federal agencies must consider when evaluating biotechnology products

D/ 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 best describes the FDA's approach to the use of the term "natural" in food labeling? a. The FDA defines natural the same way that the USDA defines natural b. The FDA has issued no guidance or official rule on the use of the term natural in food labeling c. The FDA has officially defined natural as foods that do not contain synthetic substances and which have undergone only minimal processing d. 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

b. An industry-derived set of voluntary principles governing the relationship between Agricultural Technology Providers and farmers regarding farm data

Which of the following best describes the Privacy & Security Principles for Farm Data (PSPFD) Agreement? a. An industry-derived set of mandatory contract terms that Agricultural Technology Providers must include in any contract involving farm data b. An industry-derived set of voluntary principles governing the relationship between Agricultural Technology Providers and farmers regarding farm data c. An industry-derived set of proposed principles governing the relationship between Agricultural Technology Providers and farmers regarding farm data d. A recent proposed bill that would enact federal laws governing farm data ownership

a. PIP crops are plants that have had genes inserted causing the plants to produce a pesticide inside its own tissues, whereas HT crops contain new genes that allow the crop to withstand herbicides

Which of the following best explains the difference between a Plant-incorporated Protectant (PIP) and Herbicide-Tolerant (HT) crops a. PIP crops are plants that have had genes inserted causing the plants to produce a pesticide inside its own tissues, whereas HT crops contain new genes that allow the crop to withstand herbicides b. PIP crops contain new genes that allow the crop to withstand herbicides, whereas HT crops are plants that have had genes inserted causing the plants to produce a pesticide inside its own tissues

b. Insufficiently serious injury

Which of the following is not a generally recognized affirmative defense to liability a. Assumption of risk b. Insufficiently serious injury c. Exceeding the scope of invitation or permission d. Contributory negligence

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

Which of the following is not an example of reasonable steps that a non-GMO cultivator can take to protect against GMO drift a. The use of buffer zones to separate organic from GE crops b. Timing planing to stagger flowering of organic and GE crops c. Posting signed to notify neighbors of the location of organic fields d. Obtaining a preliminary injunction to prevent neighboring agricultural operation from engaging in activities that have a high probability of resulting in drift

a. Right to expand

Which of the following is not one of the 6 fundamental property rights a. Right to expand b. Right to transfer c. Right to enjoy d. Right to use

b. Bleeding

Which of the following is not one of the approved methods of slaughter under HMSA? a. gun/rifle b. Bleeding c. Electrocution d. Captive bolt

a. Commercial

Which of the following is not one of the four legal classes of animals according to US law a. Commercial b. Companion/pet c. Farm animals d. Wildlife

A. Payment of a certification fee to the National Organic Program

Which of the following is not one of the requirements that a product must meet to be labeled Certified Organic? a. Payment of a certification fee to the National Organic Program b. Produce and handled without the use of unapproved synthetic chemicals c. Organic production on land where synthetic chemicals have been applied during the previous three years is prohibited d. Compliance with an organic production plan

a. Volume

Which of the following is not recognized exemption from the USDA's requirement that all meat, poultry, and processed eggs products prepared for distribution in commerce for human food undergo inspection? a. Volume b. Personal use c. Custom d. Religious

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

Which of the following is the best legal definition of a nuisance a. A substantial and unreasonable interference with another person's property interest b. A subjective and unreasonable interference with personal property c. An unjustifiable and observable interference with personal property d. None of the above

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

Which of the following statements is correct? a. The USDA regulates meat and poultry, while the FDA regulates shell eggs, dairy and produce b. The USDA regulates meat, shell eggs, and poultry, while the FDA regulates dairy, produce, processed eggs products, and seafood c. The USDA regulates meat, poultry, processed eggs, while the FDA regulates dairy, produce, shell eggs, and seafood d. None of the above

C. Green Claims/Environmental Claims

Which of the following type of label claim are not required to receive pre-approval from the USDA? a. Animal production claims, i.e. grass-fed b. Breed claims c. Green Claims/Environmental Claims d. Raised without antibiotics