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:
National
Organic Program: AMS Delays Organic Livestock and Poultry Practices Final Rule
On November 14, 2017, the U.S. Department of
Agriculture's Agricultural Marketing Service (AMS) published notice delaying the
effective date of the Organic Livestock and Poultry Practices (OLPP) final rule
published in the Federal Register on January 19, 2017 (82
FR 52643). According to AMS, the
OLPP final rule addresses: (1) livestock handling and transport for slaughter;
(2) avian living conditions; (3) livestock care and production practices; and
(4) mammalian living conditions. AMS stated
that while reviewing the OLPP, “significant concerns [arose] regarding
statutory authority for, and costs and benefits of, the OLPP rule.” As a
result, AMS announced that the agency is delaying the effective date of the
OLPP rule until May 14, 2018, in order to allow additional time for comment and review.
Checkoff
Programs: Oklahoma Beef Checkoff Referendum Defeated
On November 9, 2017, News OK reported that a recent Oklahoma
Beef Checkoff referendum had been defeated by a final count of 2,506 no votes to
1,998 yes votes. If passed, the
referendum would have levied a $1 fee for each head of cattle sold. This fee would have been in addition to the $1
national checkoff fee currently placed on each head of cattle sold. Under the national checkoff program, Oklahoma
must share a portion of the money collected with other states that produce cattle
sold in Oklahoma markets. Accordingly, under
the proposed referendum, the additional $1 fee would have been retained
entirely for use by the state of Oklahoma.
International
Trade: WTO Rules against Indonesia Agricultural Import Restrictions
On November 9, 2017, U.S. Trade Representative
Robert Lighthizer announced
a determination by the World Trade Organization (WTO) that Indonesia’s import restrictions
on horticultural products and animals and animal products are in violation of
WTO rules. Under the WTO determination,
Indonesia must bring its measures into conformity with WTO rules. According to Mr. Lighthizer, due to a “complex
web of import licensing requirements”, U.S. farmers and ranchers have been denied
export opportunities to Indonesian at a cost of millions of dollars per year. Mr. Lighthizer asserted that the WTO determination
should result in increased export opportunities for U.S. farmers and ranchers and
increased Indonesian consumer access to “high-quality U.S. agricultural
products.”
International
Trade: U.S. Department of Commerce Determines Argentina and Indonesia Unfairly
Subsidize Biodiesel
On November 9, 2017, U.S. Department of Commerce announced
a final determination regarding biodiesel imported from Argentina and
Indonesia. According to the Commerce
Department, Argentina is unfairly subsidizing its producers of biodiesel at
rates ranging from 71.45 to 72.28%.
Additionally, the Commerce Department stated that Indonesia is unfairly
subsidizing its producers of biodiesel at rates ranging from 34.45 to 64.73%. As a result, the Commerce Department
announced that U.S. Customs and Border Protection will be instructed to collect
cash deposits from importers of biodiesel from Argentina and Indonesia at
amounts based on the final rates.
Pesticides:
EU Arrives at “No Opinion” on Glyphosate Renewal
On November 9, 2017, the EU Observer reported that the European Union (EU)
member states failed to agree on a license extension for the herbicide
glyphosate. According to the report, in
order for a glyphosate license extension, a qualified majority of the ministers
in the standing committee on plant animal food and feed must vote in favor of
the proposal. To achieve a qualified majority,
“55 percent of the EU countries, representing 65 percent of the European
population, have to agree on the proposal.” Accordingly, out of the 28 EU
member states, 14 voted in favor of the proposal, 9 voted against the proposal,
and 5 abstained. Because a qualified
majority was not reached, the committee meeting resulted in a "no opinion.”
The report stated that following the committee’s action, the European
Commission will pursue the license extension with the appeal committee for food
safety. The current EU license for
glyphosate is set to expire on December 15, 2017.
Pennsylvania
Legislation
Agriculture and Rural Affairs (H)
- HB 1917 Legislation regarding the training and oversight of humane society police officers (referred to committee November 13, 2017)
Department of Environmental Protection
- Secretary Perdue Launches Veteran Resources at USDA – U.S. Department of Agriculture
- Manufacturers Say Arkansas Dicamba Ban Puts Farmers at a ‘Disadvantage – Ag Web
- Delay sought for reporting farm air emissions – National Hog Farmer
- USDA chief scientist expresses concerns on WHO animal antibiotic guidelines – Feedstuffs
- 'Golden' potato delivers bounty of vitamins A and E – EurekAlert!
- Large U.S. farm study finds no cancer link to Monsanto weedkiller – Reuters
- Tribe sues DEA, California county for removal of 26-acre hemp crop – Marijuana Business Daily
- Dietary fiber uncertainty a major stumbling block to timely Nutrition Facts implementation industry stakeholders tell FDA – Food Navigator
- Breeding highly productive corn has reduced its ability to adapt – University of Wisconsin-Madison
- ‘Clean Food’ Leads To Food Waste – Ag Web
- Fine tuning GMO labeling laws – Meat + Poultry
- High increases in organic production signals a maturing of market – Food Navigator
- EPA Air Emissions Reporting Looms – Ag Web
- Peak Pig: The fight for the soul of rural America – Environmental Health News
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