Agri Law Final Exam
In the United States, our average meat consumption has __________.
Increased
Which of the following is not a generally recognized affirmative defense to liability?
Insufficiently Serious Injury
The Constitution provides the judicial branch (courts) with the power to ____ the law.
Interpret
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
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.
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.
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 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.
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
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.
Extra Credit: Administrative agencies derive their authority and jurisdiction from:
The legislative branch
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? One method city planners use to integrate urban ag activities into a city is setback requirements for certain agricultural activities.
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 is not a legal requirement for a contract to be valid?
Written Terms
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
The Constitution provides the Executive Branch with the power to ____ the law.
Enforce
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
Which of the following is not one of the four core themes of the Food Safety Modernization Act (FSMA)?
Consumer Responsibility
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.
The Constitution provides Congress with the power to ____ the law.
Create
In 2015, Congress repealed Country of Origin Labeling for which two products? (Circle two).
Beef and Pork
Which of the following is not one of the approved methods of slaughter under the HMSA?
Bleeding
According to the CDC between ___% of Americans regularly consume raw milk products.
1-3
According to the 2012 US Census of Agriculture, what is the average age of a principal operator?
58
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 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 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 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.
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 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.
Which of the following is not one of the agencies involved in administration of the Coordinated Framework?
FDCA
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 a mandatory labeling statement for all FDA-regulated products.
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.
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? The DEA recently agreed to reschedule cannabis as a Schedule II substance.
False
True or false? The federal government recently adopted the Privacy & Security Principles for Farm Data agreement as the governing law regarding farm data.
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
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.
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
