The food and agriculture sector includes a wide range of businesses from farm and farm-related industries to food service and food manufacturing. The food and agriculture industry faces many challenges in meeting the growing demand for food around the globe. With the world’s population expected to exceed nine billion by 2050, the industry will need to significantly increase production while taking important steps to protect the environment and conserve precious natural resources such as land and water. Companies operating across the sector face a complex body of laws and regulations at the state, national and international levels. In particular, environmental rules and standards are becoming increasingly stringent, requiring food and agriculture companies to seek the advice and representation of experienced Tennessee based environmental counsel.

The U.S. Food and Drug Administration (FDA) has broad authority to regulate food for human and animal consumption. The FDA’s responsibilities range from food safety and food safety modernization to retail food protection and imports and exports. Under the Federal Food, Drug and Cosmetic Act (FDCA), businesses in the food industry must comply with a host of requirements, including submitting to inspections, complying with labeling and reporting mandates, and meeting good manufacturing practice requirements. Unless specifically exempted, facilities that manufacture, process, pack or hold food must also register with the FDA before beginning these activities. Additionally, the Food Safety Modernization Act (FSMA) aims to ensure the safety of the U.S. food supply and gives the FDA additional oversight authority to work towards preventing problems within the food system.

The attorneys at McClanahan & Winston, P.C. understand the wide range of environmental issues that impact companies operating in the food industry. We work directly with clients to ensure that their operations satisfy regulatory requirements at the state, federal and international levels. When litigation is involved, our lawyers work to protect and defend our clients at every stage of the legal process.

A number of significant environmental issues impact companies in the agriculture industry today, including:

  • Chemical pesticides

  • Air emissions and greenhouse gas generation

  • Water use and water quality

  • Endangered species and habitats

  • Land use

  • Erosion

  • Wetlands encroachment

  • Renewable energy and energy use

  • Waste management

Statutes regulating the industry include the National Environmental Policy Act (NEPA), the Endangered Species Act (ESA), the Clean Water Act (CWA), the Clean Air Act (CAA), the Resource Conservation and Recovery Act (RCRA), the Toxic Substance Control Act (TSCA), Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Farms that use pesticides, for example, must register chemical use under TSCA. Manufacturers of such pesticides must comply with FIFRA. Most farms require permits for industrial wastewater and storm water runoff from the land and animal feeding operations. Manure and wastewater from these operations can contribute pollutants to the environment, ranging from nitrogen, phosphorous and organic matter to sediments, pathogens, hormones and antibiotics.

The Clean Water Act has serious implications for the agriculture industry. Recently, the U.S. Army Corps and the Environmental Protection Agency issued new CWA regulations which redefine “waters of the United States” to include any water that is hydrologically connected to navigable waters, including “ephemeral streams”—low spots in the land that drain and channel water away from farmland after a rain, but are otherwise dry.

Our legal team is experienced in representing individual farm owners and entities all across the agricultural industry. We provide skilled counsel in environmental litigation and enforcement actions, permitting, and compliance matters. Additionally, we regularly advise parties in connection with sophisticated agriculture deals and real estate transactions.