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:
Menu
Labeling: FDA Extends Compliance Date to 2018
On May 1, 2017, the U.S. Food & Drug
Administration (FDA) announced
that the agency “is extending the compliance date for menu labeling requirements
from May 5, 2017 to May 7, 2018.” According to FDA, the reason for the
extension is to permit “further consideration of what opportunities there may
be to reduce costs and enhance the flexibility of these requirements beyond
those reflected in the interim final rule.” Additionally, FDA stated that beginning
on May 4, 2017, it is inviting comments for sixty (60) days regarding the menu
labeling requirements.
School
Lunch Program: USDA to Allow More Nutritional Requirement “Flexibility”
On May 1, 2017, the U.S. Department of Agriculture
(USDA) announced
that the agency “will provide greater flexibility in nutrition requirements for
school meal programs in order to make food choices both healthful and appealing
to students.” To accomplish this goal, U.S. Secretary of Agriculture Sonny
Perdue “signed a proclamation which begins the process of restoring local
control of guidelines on whole grains, sodium, and milk.” Secretary Perdue
stated that the “announcement is the result of years of feedback from students,
schools, and food service experts about the challenges they are facing in
meeting the final regulations for school meals.” Secretary Perdue further asserted,
“[i]f kids aren't eating the food, and it’s ending up in the trash, they aren't
getting any nutrition – thus undermining the intent of the program.”
National
Organic Program: Compliant Filed Against Organic Dairy for Alleged Violations
On May 2, 2017, the Cornucopia Institute announced
that the organization has filed a formal legal complaint with USDA against
Aurora Dairy and the Colorado Department of Agriculture (CDA) for alleged violations
of federal organic regulations. Cornucopia
stated that “Aurora Dairy is the largest supplier of ‘private label,’ or
store-brand, organic milk in the U.S., supplying such retail giants as Walmart,
Costco, [and] Target…” and that CDA is Aurora Dairy’s organic certifier. Cornucopia asserted that a recent Washington Post investigative story has
revealed photographic evidence that Aurora Dairy’s dairy herd is not being
pastured as required by organic law. As
a result, Cornucopia requested that USDA investigate Aurora Dairy for possible
illegalities.
International
Trade: U.S. Announces Preliminary Countervailing Duty on Canadian Lumber
On April 24, 2017, the U.S. Department of Commerce
(Commerce) announced
that the department has reached a “preliminary determination in the
countervailing duty (CVD) investigation of softwood lumber from Canada.”
Commerce stated that “CVD law provides U.S. businesses and workers with an
internationally accepted mechanism to seek relief from the injurious effects of
unfairly subsidized imports into the United States.” According to Commerce’s
preliminary determination, “exporters of softwood lumber from Canada received
countervailable subsidies of 3.02 percent to 24.12 percent.” According to
Commerce, “[i]n 2016, [U.S.] imports of softwood lumber from Canada were valued
at an estimated $5.66 billion.” The press release stated that “[a]s a result of
today’s determination, Commerce will instruct U.S. Customs and Border
Protection to collect cash deposits based on these preliminary rates.”
International
Trade: President Agrees to Remain in NAFTA
On April 26, 2017, the White House Office of the
Press Secretary announced
that after meeting with President Peña Nieto of Mexico and Prime Minister
Trudeau of Canada, “President Trump agreed not to terminate NAFTA at this time.”
The press release stated that the three “leaders agreed to proceed swiftly,
according to their required internal procedures, to enable the renegotiation of
the NAFTA deal to the benefit of all three countries.” President Trump stated
that “[i]t is an honor to deal with both President Peña Nieto and Prime
Minister Trudeau, and I believe that the end result will make all three
countries stronger and better.”
West
Virginia Governor Signs Medical Cannabis and Industrial Hemp Legislation
Recently, West Virginia Governor Jim Justice signed
into law separate legislation regarding Medical Cannabis and Industrial
Hemp. On April 19, 2017, Governor
Justice signed the Medical Cannabis Act which provides seriously ill patients
access to medical cannabis (Senate
Bill 386). According
to a press
release from Governor Justice, as a result of the
legislation, “West Virginia is now the 29th state to allow the medical use of cannabis.”
On April 25, 2017, Governor Justice signed House
Bill 2453 which amended West Virginia’s Industrial Hemp
Development Act. Accordingly, the new
legislation expands “the list of persons the Commissioner of Agriculture may
license to grow or cultivate industrial hemp.”
GMOs:
Syngenta Trials to Begin in Minnesota
On April 24, 2017, Bloomberg
reported that multiple trials were set to begin in Minnesota
state court regarding lawsuits brought by farmers and grain handlers against
Syngenta AG. According to Bloomberg, the
farmers and grain handlers allege that “Syngenta rushed its Viptera genetically
engineered corn, and then a second insect-resistant GMO seed, to market before
obtaining import approval from China.” As a result, the farmers and grain
handlers assert that “[t]he subsequent rejection of U.S. corn shipments ended
up depressing corn prices for five years as China continued to buy from other
countries…”
Pennsylvania
Legislation:
- HB 187: Allow Wind Energy on Farmland Preservation (Agriculture & Rural Affairs [House], Reported out of committee, April 26, 2017)
- HB 790: Controlled Plant and Noxious Weed Act (Agriculture & Rural Affairs [House], Reported out of committee, April 26, 2017)
- HB 1328: Amending the Recreational Use of Land Liability Law (Referred to Tourism & Recreational Development [House], May 2, 2017)
Pennsylvania
Actions and Notices:
Department of Agriculture
- Application for grants for succession/transition planning under the Agricultural Land Conservation Assistance Grant Program
- Referendum order on proposed amendments to the Pennsylvania Potato Research Program
State Horse Racing Commission
AgLaw HotLinks:
- "USDA Seeks Nominees for Christmas Tree Promotion Board"- USDA_AMS
- "Trump tells farmer roundtable labor issues need to be addressed" - Brownfield
- Colorado country of origin beef bill defeated in committee -FencePostNews
- "America's $1.2 Billion Mexico Milk Trade is Now at Risk" - AgWebEditor
- "FDA asks Ninth Circuit to sink GE salmon order" - FoodChemicalNews
- "Liability Limits on Hog Farm Nuisance Awards Passes Senate" - AgWebEditor
- "68 Congressmen Urge President to Take 'Swift Action' on Canadian Dairy Issue" -MilkBusiness
- "Italy wants to introduce origin labeling on rice" - FoodChemicalNews
- White House to look at immigration reform to help farmers - AgWeb
- Nat'l Organic Standards Board votes in favor of Organic Livestock & Poultry Practices rule – BNPcamp
- "USDA to begin feedlot antimicrobial-use survey" - Drovers
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Every week we will post the CASL Ledger which details all our publications and
activities from the week.
For
a comprehensive summary of daily judicial, legislative, and regulatory
developments in agriculture and food, visit The Ag & Food Law Blog.
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