ag law 1 final exa,

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.

$25,000

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

1-3

According to the 2012 USDA census of ag, how many farms are there in the US?

2.1 million

How many states currently have ag gag laws in place?

8

What percent of farmland lease landlords are non-operator landowners?

87

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

95%

Which of the following best defines the legal doctrine of preemption?

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 accepted agricultural practices and their role in livestock production?

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

Which of the following best describes The Homestead Act?

A statute that offered people tracts of land in exchange for an agreement to settle and farm the tract.

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 best describes the Privacy & Security Principles for Farm Data (PSPFD) Agreement?

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

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.

The constitution is designed to prevent any one branch of the Federal gov from becoming too powerful. what is this concept called?

Checks and balances/ Separation of powers

According to the USDA 2012 Census of Agriculture, the largest crop produced in the US measure by ag 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

The constitution provides Congress with the power to ______ the law.

Create

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 FDA's key statute and what is the agency's primary mandate under the statute?

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

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

False

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

False

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:

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

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

The Constitution provides the judicial branch(courts) with the power to_______ the law

Interpret

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

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.

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 best defines vertical integration in industrial animal agriculture?

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

Define a Regulated Article?

Organisms that are known or suspected to be plant pests or to pose a plant pest risk.

Which of the following best explains the difference between a Plant-Incorporated Protectant (PIP) and Herbicide-Tolerant (HT) crops.

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 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 ag, the majority of farms in the US are

Small farms and family owned

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 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 two separate court systems that hear legal disputes: state courts and federal courts

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

True

which of the following is not one of the five rules included in FSMA's produce safety rule?

Waiver and liability

Which of the following best defines the national list in the national organic program?

a list of synthetic chemicals that are allowed in organic production and which are subject to review every five years.

Which of the following is not one of the approved methods of slaughter under the HMSA?

bleeding

According to the USDA 2012 Census of ag, the largest type of livestock produced in the US measured by ag sales is

cattle

which of the following is not one of the four core themes of the Food Safety Modernization Act(FSMA)?

consumer responsibility

True or false? A sublease is a situation in which the tenant transfers all of her rights under the lease agreement to another party.

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? The DEA recently agreed to reschedule cannabis as a Schedule II substance.

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 of the following is not a generally recognized affirmative defense to liability?

insufficiently serious injury

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

mandatory

in general, Right to Farm statutes protect farming operations engaged in accepted agricultural practices from __________ lawsuits.

nuisance

Complete this sentence using the technical legal language: According to the USDA, a product will be deemed adulterated if it bears or contains any _______________________________ or _______________________________ substance which may be unfit for human food.

poisonous; deleterious

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

true

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

true

Does Arkansas have an ag gag law?

yes