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A national law firm specializing in agricultural law and crop genetics. A national law firm specializing in agricultural law and crop genetics. A national law firm specializing in agricultural law and crop genetics. A national law firm specializing in agricultural law and crop genetics.
  • What We Do
  • Who We Are
    • Joel Cape | Attorney
    • Brynn Crab | Operations Administrator
  • Media
  • Blog
  • Contact

49 Ways Not to Spray, Keep On Hempin’, and other legal news to ponder from Cape Law Firm

Home » Blog

Cape Law Firm Blog

by Joel Cape

Independence Day
Uncategorized

Happy Independence Day from Cape Law Firm

Hello and Happy Independence Day weekend! We hope everyone is looking forward to the long holiday weekend and the time to celebrate the events that made the United States of America the greatest and most wonderful country ever! We’re taking a bit of a break ourselves this week, but we didn’t want to leave you without some trivia to ponder as you’re shooting your fireworks! Have fun, and we’ll see you back here soon!

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joelcape July 1, 2022
copyright infringement
Legal News

Delta-8 THC’s Day in the Sun, Supreme Roundup Falls Flat | Other Legal News

​   No Need to Wait for Delta-8 (at least in the 9th) Delta-8 THC, one of the more than one hundred different cannabinoids in the cannabis plant, has been deemed legalized by the US 9th Circuit Court of Appeals. The case, AK Futures LLC v. Boyd Street Distro LLC, arose as a trademark and copyright infringement dispute when AK Futures, an e-cigarette and vaping liquid producer, sued Boyd Street for selling counterfeit versions of AK’s “Cake” brand vaping liquid containing Delta-8 THC. In the lower court, AK obtained a preliminary injunction prohibiting Boyd Street from selling goods bearing the “Cake” logo and displaying copies of the Cake design. ​ In

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joelcape June 24, 2022
USDA Ag Competition
Agriculture

Comments to USDA’s Inquiry on Ag Competition, and Other Legal News

Docket No. AMS-AMS-22-0025 87 Fed. Reg. 15198 Competition and the Intellectual Property System: Seeds and Other Agricultural Inputs Thank you for the opportunity to submit comments to assist the USDA’s Agricultural Marketing Service prepare its report required by Executive Order No. 14036, “Promoting Competition in the American Economy.”   The comments provided herein focus on the seed industry, particularly seed with biotech traits. My interest in this topic stems from clients that are participants in the seed and agricultural input industry.   Issues of competition and consolidation in the seed industry are not universal across the entire sector. As other commentors have noted, firms supplying seed for certain major crops

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joelcape June 17, 2022
Federal Biostimulation
Legal News

Federal Biostimulation, CRP Acres Set Free, and Other Legal News

Congress Aims to Bring Order to the Wild, Wooly World of Biostimulants The Plant Biostimulant Act of 2022 was introduced in Congress this month as an amendment to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). The bipartisan bill sponsored by U.S. Representatives Jimmy Panetta (D-CA) and Jim Baird (R-IN) would establish a federal definition for “plant biostimulants.” The legislation provides this definition: The term ‘plant biostimulant’ means a substance, micro-organism, or mixture thereof, that, when applied to seeds, plants, the rhizosphere, soil, or other growth media, act to support a plant’s natural processes independently of the biostimulant’s nutrient content, including by improving nutrient availability, uptake or use efficiency, tolerance to abiotic

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joelcape June 3, 2022
Plant State Board
Legal News

Arkansas State Plant Board Goes Up in Flames (Again), and Other Legal News

Arkansas State Plant Board Unconstitutional – Again For the second time in a less than a year litigation over the appointment process for members of the Arkansas State Plant Board has been found by a court to violate the State Constitution. Judge Chip Welch of the 16th Division of the Pulaksi County Circuit Court ruled that the 2021 amendments to the appointment process remains unconstitutional. While Judge Welch has yet to issue a written opinion, the arguments focus on the involvement of non-profit trade associations in the appointment process. ​We reported last year about the constitutional challenge to the 104-year-old appointment process in which various non-profit trade associations were permitted to appoint

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joelcape May 27, 2022
USDA Ag Competition Special Edition
Agriculture

USDA Ag Competition Special Edition, and other Legal News

USDA Extends Deadline to June 15, 2022 for Public Comments on Agri-Competition Issues This is a golden opportunity to be heard on very important issues affecting the U.S. Agricultural sector in advance of the upcoming Farm Bill. ​The USDA is asking for public comments regarding market competition challenges in (i) fertilizer, (ii) seed and agricultural inputs, and (iii) food retail and distribution markets. We should also point out that the current Federal Farm Bill is set to expire in September 2023. Thus, policy makers and constituents are already gearing up to shape the federal government’s single largest financial commitment to the U.S. Food and Agriculture sector. Written comments can be posted

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joelcape May 20, 2022
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