State Insurance Commissioner to Investigate Commercial Insurance Issue
Responding to the Association, State Insurance Commissioner Ricardo Lara has issued an information request from all commercial insurance carriers operating in California on the availability and cost of commercial insurance for business operating in California. This follows meetings in Sacramento and in our office on the issue with Commissioner Lara, where the Association reported on the overwhelming lack of commercial insurance following the devastating wildfires in the state, and the cost of insurance that is available. The Commissioner has given insurance companies 60 days to respond to the request with a deadline of June 14th, 2021. While this is no guarantee our issue is going to be resolved this year, at least the Commissioner is following through on his promise to investigate the issue and put serious pressure on the insurance industry to not penalize those of us who have nothing to do with the wildfires. Stay tuned for more details as the investigation continues.
WAPA Annual Meeting Update
As the numbers continue to improve, the WAPA Annual Meeting moves closer to being confirmed. This past week the California Department of Public Health announced the opening of indoor events, including conferences under certain conditions. The state will also require proof of vaccination or a negative COVID test in order to attend an indoor event. At this moment, Monterey County is in the red category, but expects to move to orange in the next week or two. It already meets one of the criteria for the yellow category, so we are looking really, really good! We will make a formal announcement by the 15th, but wanted to give our members an update based on the State’s announcement this past week. So, get your vaccine and we’ll see you in Monterey!
Be sure to register as soon as possible at www.wapa-events.com!
New Prop. 65 Decision: CA Cannot Force Businesses to Put Cancer Warnings for Acrylamide on Food and Beverage Products
On March 29, 2021, the federal Circuit Court for the Eastern District delivered a significant victory to the California business community in the Proposition 65 case, California Chamber of Commerce v. Becerra. District Court Judge Kimberly Mueller ruled that the State and private litigants cannot force businesses to label food and beverage products with cancer warnings for acrylamide. Facing opposition from the Attorney General and Council for Education and Research on Toxics, the California Chamber of Commerce successfully argued that compelling businesses to label their products with a warning label would violate their First Amendment speech privileges.
The opinion found the State failed to show that the warning consists of “purely factual and uncontroversial information” and would not impose an undue burden on businesses. The assertion that food products can expose consumers to acrylamide was found to be misleading, leading to the belief that acrylamide is an additive or ingredient of a product. Judge Mueller also determined that consumers are unlikely to discern the basis for the warning, which in this case is due to the presumption of toxicologists that chemicals causing cancer in animals also cause cancer in humans without evidence to the contrary. The court observed that a warning which advises what is “known” to California assumes the reader understands the complex legal framework behind Proposition 65. Instead, consumers who read the warning will probably believe that eating the food increases their personal risk of cancer. Because the science is unsettled on this issue, the court found the warning misleads readers by inappropriately elevating one side of the scientific debate over others.
Judge Mueller granted plaintiff’s request for a preliminary injunction enjoining new lawsuits seeking to enforce the warning as applied to acrylamide in food and beverage products and found a likelihood that the Chamber would be successful on the merits of this case.
This decision relied in part on a recent Prop 65 case from the same court, National Association of Wheat Growers et al. v. Zeise et al., holding that California cannot place cancer warning on products containing glyphosate. That case is currently being briefed in the 9th Circuit Court of Appeals.
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2021 WAPA Annual Meeting
Well, we are off and running! It looks like folks are ready for the 2021 WAPA Annual Meeting, which will be held on June 16-18th in Monterey, California. Registrations for attendees, exhibitors and sponsors are starting to roll in for this year’s event, which is welcomed following the hiatus due to the COVID pandemic. If you haven’t already, please be sure to visit our Annual Meeting website at www.wapa-events.com. We have a very informative agenda with keynote speaker Dan Walters leading the way. Stay tuned as more details on the agenda come out in the next two weeks!
WAPA Annual Meeting Tentatively Scheduled
The Western Agricultural Processors Association (WAPA) is announcing the 2021 WAPA Annual Meeting to be held June 16th – 18th at the Monterey Marriott Hotel and Monterey Convention Center in Monterey, California. While we cannot officially say the meeting will be allowed to happen, we are moving forward as if it will. Registration packets will be going out this week and our online Annual Meeting portal will be up and operating this week. While we will be accepting registrations for attendees, exhibitors and sponsors, we will be not accepting payment at this time. We are tentatively looking at an April 15th “go/no go” date, and if we are allowed to move forward we will invoice at that time. Association staff has met with hotel and convention center staff to discuss safety protocols that will be in place should the meeting occur, such as mask requirements and social distancing. Details on those requirements will follow as we get closer. For now, keep your fingers crossed, stay safe and get vaccinated when you can!