Written by M. Sean High – Staff Attorney
The following information is an update of recent
local, state, national, and international legal developments relevant to
agriculture:
Right
to Farm: North Carolina Legislature Overrides Governor’s Veto
On May 11, 2017, the Raleigh News & Observer reported
that the North Carolina state Senate overrode Governor Roy Cooper’s recent veto
of legislation
limiting monetary damages in certain nuisance lawsuits against agricultural and
forestry operations. According to the
report, the lawmakers voted 30 to 18 to override the veto which satisfied North
Carolina’s three-fifths override requirement.
The Senate vote followed the May 10, 2017, state House vote (74 to 40) which
also overrode the Governor’s veto.
According to the report, the legislation “was prompted by 26 federal
lawsuits filed against the state’s largest pork producer, Murphy-Brown, a
subsidiary of Smithfield Foods.”
International
Trade: China to Allow U.S. Beef Imports
On May 11, 2017, the U.S. Department of Commerce announced
that “President of the United States Donald Trump and President of the People’s
Republic of China Xi Jinping agreed…to advance U.S. - China economic
cooperation with a 100-day action plan under the framework of the U.S. - China
Comprehensive Economic Dialogue.” According to the announcement: “Following one
more round of technical consultations between the United States and China,
China is to allow imports of U.S. beef on conditions consistent with
international food safety and animal health standards and consistent with the
1999 Agricultural Cooperation Agreement, beginning as soon as possible but no
later than July 16, 2017.”
National
Organic Program: Imported Soybeans Improperly Designated as Organic
On May12, 2017, the Washington Post reported
that in December of 2016, a shipment of 36 million pounds of soybeans was
imported into the U.S. and improperly designated as “USDA Organic.” The report
stated that sometime prior to its arrival in the U.S. the soybeans were
fumigated with a pesticide. According to
the report, “[a]bout 21 million pounds of the soybeans have already been
distributed to customers.”
International
Trade: Lighthizer Confirmed as U.S. Trade Representative
On May 11, 2017, Reuters reported
that the U.S. Senate had confirmed Robert Lighthizer as U.S. Trade
Representative. According to the report,
Lighthizer won support from both Republicans and Democrats and was confirmed by
a vote of 82 to 17. Reuters stated that the
Trump administration has been waiting “for Lighthizer to be in place before
triggering the formal process to begin renegotiating NAFTA.
Food
Safety: FDA Announces New FSMA Resources
Recently, the Food & Drug Administration (FDA) announced
the availability of two new resources regarding the FDA Food Safety
Modernization Act (FSMA). On May 10,
2017, FDA released a document entitled Guidance for Industry: Compliance
with Providing an Acceptable Unique Facility Identifier for the Foreign
Supplier Verification Programs Regulation. According
to FDA, this resource provides information regarding “how you may comply with
FDA’s requirement to identify yourself as the importer of a food at entry into
the United States under the Foreign Supplier Verification Programs (FSVP).” Relatedly,
on May 11, 2017, FDA announced
an update to “FDA.gov
to include updated fact sheets, and new guidance as a resource for importers subject to the FSVP rule.”
Pesticides: EPA Delays Implementation of Pesticide
Applicators Rule
On May 11, 2017,
the U.S. Environmental Protection Agency (EPA) announced “a
12-month extension for implementation of the revised final Certification and
Training of Pesticide Applicators (C&T) rule.” As a result, the new
effective date for the rule is May 22, 2018.
According to EPA, “[t]he extended timeline will enable EPA to work with
states and provide adequate compliance and training resources.”
Avian Influenza: GAO Report Calls for Avian Influenza
Evaluation Plan
On May 11, 2017,
the U.S. Government Accountability Office (GAO) issued a report calling for the
U.S. Department of Agriculture (USDA) to develop a plan for evaluating efforts to
control outbreaks of avian influenza. According to GAO, “On the basis of GAO's
analysis of federal efforts to respond to outbreaks and of stakeholders' views,
GAO identified ongoing challenges and associated issues that federal agencies
face in mitigating the potential harmful effects of avian influenza.” GAO stated that while USDA “has taken actions
to address lessons learned from its responses to the outbreaks” a plan is
needed “to evaluate the effectiveness [of] its efforts.”
International Trade: USDA Creates Undersecretary for
Trade and Foreign Agricultural Affairs
On May 11, 2017, “U.S.
Secretary of Agriculture Sonny Perdue… announced the
creation of an undersecretary for trade and foreign agricultural affairs in the
U.S. Department of Agriculture (USDA).” According to Secretary Perdue, the new
undersecretary will work “side by side with our U.S. Trade Representative and
Secretary of Commerce Wilbur Ross…[and] will ensure that American producers are
well equipped to sell their products and feed the world.”
WOTUS: EPA Announces New WOTUS Rulemaking Website
On May 15, 2017,
the Environmental Protection Agency (EPA) announced a
new website “to provide the public with information about EPA’s review of the definition
of ‘Waters of the U.S.’ (WOTUS) as set out in the 2015 ‘Clean Water Rule.’” EPA
Administrator Scott Pruitt stated that “[t]he president has directed us to
review this regulation to address the concerns from farmers and local
communities that it creates unnecessary burdens and inhibits economic growth.” According to Administrator Pruitt, “[t]his
website aims to provide the public with information about our actions to meet
the president’s directive.”
Pennsylvania
Legislation
Senate Agricultural and Rural Affairs
House Agricultural and Rural Affairs
House Tourism and Recreational Development
·
Voting meeting on HB 544
(Amending the State's Recreational use of Land Liability Law and any other
business that may come before the committee - June 6, 2017)
AgLaw HotLinks:
·
Government Accountability Office asks for plan from
USDA to prevent avian influenza - Meatingplace
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