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:
The following information is an update of recent local, state, national, and international legal developments relevant to agriculture:
Soda
Tax: Sweetened Beverage Sales Decrease in Philadelphia City while Increasing in
its Suburbs
On August 22, 2017, the Food
Navigator reported that “[w]hile sales of sweetened beverages dropped by
more than half within Philadelphia’s city limits following the imposition of a
soda tax, they also substantially increased just outside city limits.” The tax,
which imposes on Philadelphia beverage dealers a 1.5% per fluid ounce tax on
any sugar-sweetened beverage supplied, acquired, delivered, or transported into
the City for retail sale, became effective on January 1, 2017. The report stated that sales of carbonated soft
drinks within the City limits fell by 55% while simultaneously, similar sales
just outside the City border increased by 38%.
According to the report, Philadelphia officials had originally projected
that the tax would raise $46.2 million during fiscal year 2017 (which ended
June 2017). Instead, the report asserted
that the actual amount generated from the tax was $25.6 million.
WOTUS:
EPA Extends Comment Period for Definition of “Waters of the United States”
On August 22, 2017, the U.S. Environmental
Protection Agency (EPA) and the U.S. Department of the Army published notice in
the Federal Register of an extension of “the comment period for the proposed
rule ‘Definition of Waters of the United States—Recodification of Pre-existing
Rules” (82
FR 39712). According to the notice, “[t]he agencies are extending the
comment period for 30 days in response to stakeholder requests for an
extension, from August 28, 2017 to September 27, 2017.”
Animal
Welfare: USDA Unveils Public Search Tool for Animal Welfare Compliance Records
On August 18, 2017, the U.S. Department of
Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) announced
the availability “of the refined public search tool that provides access to
Animal Welfare Act compliance records.” According to APHIS, the new search tool
is intended to provide the public with “information on APHIS’ performance of
its statutory duties under the Animal Welfare Act, in accordance with privacy
laws.” The announced availability marks the return of the public search tool component
of the Animal Care Information System which had been “taken off-line for review
on February 3, 2017.”
International
Trade: South Korea Lifts Ban on U.S. Poultry
On August 17, 2017, the U.S. Department of
Agriculture (USDA) announced
“that the government of South Korea has lifted its ban on imports of U.S. poultry
and poultry products, including fresh eggs.” According to USDA, earlier this
year South Korea had temporarily reopened its market “for U.S. eggs and egg
products, but imports were again restricted after the [highly pathogenic avian
influenza] HPAI detection in Tennessee.” USDA stated that “[i]n 2014, the last
full year without any HPAI-related trade restrictions in place, South Korea
purchased $122 million in U.S. poultry products, including eggs, [which had previously
made] it the United States’ tenth-largest market.”
International
Trade: Japan Raises Tariffs on Frozen U.S. Beef
On August 14, 2017, the USDA Foreign Agricultural
Service Global Agricultural Information Network (GAIN) reported
that “the Japanese Ministry of Finance (MOF) raised the duty for U.S. frozen
beef from 38.5 percent to 50 percent under Japan’s special safeguard (SSG) for
frozen beef.” The increase, which was triggered under Japan’s Temporary Customs
Tariff Measures Act, applies to all countries that do not have an Economic
Partnership Agreement (EPA) with Japan.
Accordingly, the increased duty on will remain in effect until the end
of Japan’s fiscal year on March 31, 2018.
International
Trade: Access for U.S. Rice Exports to Columbia Expanded
On August 17, 2017, the “U.S. Department of
Agriculture Secretary Sonny Perdue and the U.S. Trade Representative Robert
Lighthizer… announced
[that] an agreement [has been] reached with the government of Colombia to allow
for expanded market access for U.S. exports of paddy rice.” The announcement
stated that “[a] previous agreement in 2012 between both countries enabled
exports of U.S. paddy rice to Colombia, but under strict and costly requirements
related to phytosanitary concerns.” Under the new agreement, these requirements
have been lifted. The new agreement also
“expands access beyond the single port of Barranquilla, which was the only port
previously open to U.S. exporters.”
Pennsylvania
Legislation
Agriculture and Rural Affairs Committee (House)
- HB 1714: Disclosure of Certain Information Regarding Dogs Offered for Sale at Pet Shops (Referred to committee August 16, 2017)
- HB 1463: Public hearing on legislation which will increase dog license fees and authorize a State-wide online license registry (Room 205 Ryan Office, September 27, 2017)
- HB 1727: Legislation Providing for County Humane Officers (Referred to committee August 18, 2017)
- HB 1732: An Act amending the act of December 7, 1982 (P.L.784, No.225), known as the Dog Law, in dangerous dogs, further providing for court proceedings, certificate of registration and disposition (Referred to committee August 18, 2017)
Pennsylvania
Actions and Notices
Department of Environmental Protection: Agricultural
Advisory Board meeting cancellation
AgLaw HotLinks:
- Opening round of NAFTA recognizes ag’s wins – Feed Stuffs
- Budget Limitations Biggest Obstacle for Timely Farm Bill – Brownfield
- Canada to Protect Dairy During NAFTA Negotiations – Milk Business
- Cattlemen Head to RC Over Country of Origin Labeling, Animal ID, and Check-Off – Food Safety News
- Monsanto strikes back on glyphosate – Politico
- Pruitt Urges Ranchers to Submit WOTUS Comments – Ag Web
- GAO report reveals wild horse population still problematic – Feed Stuffs
- US announces deal to export pork to Argentina – CNBC
- On August Recess, Lawmakers Listen and Comment on Farm Bill – Farm Policy News
- E.P.A. Promised ‘a New Day’ for the Agriculture Industry, Documents Reveal – The New York Times
- Heavily used pesticide linked to breathing problems in farmworkers' children – EurekAlert
- Twenty-nine states make it illegal for counties and cities to pass seed laws – Fern’s Ag Insider
- U.S. farmers confused by Monsanto weed killer's complex instructions – Reuters
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