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:
Antitrust:
U.S. Approves Bayer Monsanto Merger
On April 11, 2018, Fortune reported
that the U.S. Justice Department has approved Bayer AG’s $62.5 billion acquisition
of Monsanto Co. The anticipated merger
will result in a company that controls over one quarter of the world’s seed and
pesticide market. To gain U.S. approval,
Fortune stated that Bayer will sell certain assets to its German competitor
BASF. These assets “include the
company’s soybean and cottonseed businesses as well as its glufosinate
weedkiller, which is a direct competitor to Roundup, a central element of
Monsanto’s business.”
Right
to Farm Laws: Alaska Supreme Court Rules Storage Lagoons not protected Under
Right to Farm Law
On April 6, 2018, the Supreme Court of Alaska held
that a farmer’s septage storage lagoons were not protected by the state’s Right
to Farm Act (RTFA) (Riddle v. Lanser, Supreme Court No. 7235
– April 6, 2018). Under Alaska’s
RTFA, “an agricultural facility or an agricultural operation at an agricultural
facility used for commercial purposes cannot become a nuisance based on changes
in surroundings if it was not a nuisance when it started” (AS 09.45.235(a)). The court held that the RTFA did not apply because the
farmer’s septage lagoons were not used as part of the farmer’s agricultural
operation. Instead, the lagoons were
used to store septage from the farmer’s separate septic pumping and storing
business. The court held that even if the
storage lagoons eventually became part of the agricultural operation, the
lagoons were not used, or intended to be used, “in any farming capacity until
after the lagoons had already become a nuisance.”
Agricultural
Labor: ICE Raids Tennessee Meat-Processing Facility
On April 6, 2018, the Washington Post reported
that Immigration and Customs Enforcement (ICE) officials arrested 97 immigrants
at a meat-processing facility in Tennessee.
According to an ICE spokesperson, all 97 immigrants were arrested under suspicion
of being in the country illegally. The
report stated that federal agents began investigating the meat-processing
facility after bank employees noticed the company making large weekly withdraws
of cash. Accordingly, since 2008, the meat-processing
facility’s total weekly cash withdraws have exceeded $25 million.
Dairy
Policy: Agriculture Department Asks Pennsylvania Milk Marketing Board to Consider
Reforms
On April 5, 2018, the Pennsylvania Department of
Agriculture (PDA) announced
it has requested that the Pennsylvania Milk Marketing Board consider solutions
to challenges currently faced by the Commonwealth’s dairy industry. According to PDA, over the last two years,
Pennsylvania dairy producers have experienced declining milk prices due to “sustained
pressures on domestic and international markets, declining fluid milk
consumption, and growing production levels.” In an effort to help these struggling
producers, PDA stated that a formal petition has been submitted to the Milk
Marketing Board requesting a hearing to consider potential reforms.
Farmland
Preservation: Rhode Island Announces Farmland Purchase Program
On April 4, 2018, the Associated Press reported
that Rhode Island will begin a program designed to help new farmers purchase farmland. According to the report, the state will use
farmland preservation funds to purchase farms at full appraised value; taking
into consideration the land’s value if developed. Following purchase, Rhode Island will then
sell the land to new farmers at a price based on the land’s appraised
agricultural value. Land purchased
through the program must remain in farming.
National
Ag Law Experts:
- Recent Legal Enforcement Actions against Farm Employers of Migrant Workers: A Good Reminder to Follow the MSPA, Sarah Everhart, Maryland Risk Management Education Blog
- Food Labeling Modernization Act of 2018 Likely Reveals Consumer Groups’ Priorities for FDA Nutrition Innovation Strategy – May Spur More Class Action Lawsuits, Bruce A. Silverglade, Ag/FDA Blog – Olsson Frank Weeda Terman Matz PC
- Racing GAMbit, LLC v. State Horse Racing Commission, 415 C.D. 2017, Commonwealth Court 2018 (Court reversed State Horse Racing Commission decision to disqualify horse from 2016 race at Philadelphia PARX)
Pennsylvania
Legislation:
Agriculture and Rural Affairs (S)
- SB 1076 Legislation to expand and increase the Farmers’ Market Development Program (referred to committee April 6, 2018)
Independent Regulatory Review Commission
- Action taken by the Commission (Department of Agriculture # 2-190: Commercial Kennel Canine Health Regulations (deletes 7 Pa. Code § 28a.8(5))
- American Farm Bureau Federation Helps Launch ‘No Taste for Waste’ Campaign – American Farm Bureau Federation
- USDA warns dangerous pests are emerging – Morning Ag Clips
- How do agricultural economists view possible trade war? – Southwest Farm Press
- Perdue says expect improvements to H-2A – Brownfield Ag News
- USDA sets enrollment period for improved dairy safety net tool – Dairy Reporter
- As Vermont's Milk Industry Continues To Free-Fall, Canadian Dairies Are Thriving – NPR
- More food producers exempt from FSMA under Tester-Hagen – Food Safety News
- Appeals court upholds R-CALF beef checkoff injunction – Brownfield Ag News
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