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:
Food Policy: 6 States and D.C. Sue USDA
Over Changes to School Nutrition Programs
On April 3, 2019, attorneys
general from six states and the District of Columbia filed suit in the U.S.
Dist. Court Southern Dist. of New York alleging that the U.S. Department of
Agriculture (USDA) failed to provide the pubic an opportunity for comment
before lowering federal nutritional standards for school breakfast and lunches
(New York v. USDA, Case
1:19-cv-02956). Previously,
on December 12, 2018, USDA published a final rule that provided schools new
options under the National School Lunch Program, School Breakfast Program, and
other federal child nutrition programs (83
FR 63775). The new rule
allowed schools the ability to offer flavored, low-fat milk; required that half
of the weekly grains in the school lunch and breakfast menu be whole
grain-rich; and granted schools more time to reduce sodium levels in school
meals. According to the attorneys
general, USDA failed to give the public notice and an opportunity to comment on
the 2018 changes to the school nutrition regulations, as required by the
Administrative Procedure Act.
Food Policy: USDA, EPA, and FDA Release Plan
to Reduce Food Waste
On April 9, 2019, U.S.
Department of Agriculture (USDA), the U.S. Environmental Protection Agency
(EPA), and the U.S. Food and Drug Administration (FDA) announced
a federal interagency strategy intended to reduce food waste. According to the agencies, more than
one-third of all available food in the U.S. is uneaten due to loss or waste. As
a result, USDA, EPA, and FDA announced a plan entitled: Winning on Reducing Food Waste FY 2019-2020 Federal Interagency
Strategy. Under the plan, the
agencies will work together to reduce food waste through: (1) coordinating interagency
efforts; (2) providing consumer education; (3) providing guidance on food loss
and waste measurement; (4) providing information on food safety, food date labels,
and food donations; (5) engaging with private industry; and (6) encouraging food
waste reduction in USDA, EPA, and FDA facilities.
Agricultural Labor: USDA Announces New
H-2A Visa Checklist Tool
On April 3, 2019, the U.S.
Department of Agriculture (USDA) announced
the availability of a new online resource designed to help agricultural employers
better understand the H-2A visa program.
The new resource, known as the H-2A Visa Checklist Tool, is intended to guide
interested individual through a series of questions and answers and provides information
regarding the H-2A visa program’s timeline, requirements, fees, and forms. According to USDA, the resource allows an
employer to obtain information for their specific H-2A hiring needs and the
ability to print or download a checklist for future reference.
Rural Policy: Lawmakers Request Funds to Expand
Broadband Internet Access to Rural America
On April 8, 2019, U.S. Reps.
Rodney
Davis (R-IL) and Abigail
Spanberger (D-VA) issued a letter to the House Appropriations
Subcommittee on Agriculture, Rural Development leadership requesting funding to
expand rural broadband internet connectivity.
According to the representatives, Congress appropriated $600 million in fiscal
year (FY) 2018 and $550 million in FY2019 for a pilot broadband loan and grant
program which later became known as the ReConnect Rural Broadband Program. The representatives now seek $550 million in
appropriations for the ReConnect Rural Broadband Program for FY2020. Additionally, the representatives requested $350
million in separate funding for the broadband loan and grant program authorized
by Congress under the 2018 Farm Bill.
Rural Policy: USDA to Invest $485M in
Rural Electric Systems
On April 8, 2019, the U.S.
Department of Agriculture (USDA) announced
that it will be providing $485 million in financing to upgrade rural electric
systems. USDA stated that the funding will
provide nearly $7.1 million for smart grid technologies and will assist in the building
or improvement of 2,635 miles of line. According
to USDA, the funding will be provided through the Electric Loan Program and
will be used to benefit rural areas in Georgia, Illinois, Iowa, Michigan,
Minnesota, Mississippi, Missouri, New Mexico, North Carolina, North Dakota,
South Dakota, Texas and Wisconsin.
Farm Bill: Coalition Asks Congress to Fund
Farm Bill’s Urban Agriculture Programs
On April 8, 2019, the National
Association of State Departments of Agriculture (NASDA)—along with a coalition
of national, state, and local organizations—announced
that it had sent a letter to Congress urging funding for urban agriculture. The letter stated that the 2018 Farm Bill
authorized: (1) the creation of the Office of Urban Agriculture and Innovative
Production and (2) an urban agriculture data initiative. Accordingly, NASDA—and its coalition of
organizations—requested that the fiscal year 2020 appropriations bill include $25
million for the Office of Urban Agriculture and Innovative Production and $14
million for the urban agriculture data collection data initiative. In stressing the importance of such funding,
the letter asserted that urban agriculture benefits communities through improved
biodiversity, greater access to nutritious foods, and increased green space.
From
National Ag Law Experts:
“The
Impossible Whopper issues a Whopper-sized Challenge to the Livestock Industry”,
Todd Janzen, Janzen Ag Law Blog – Janzen Ag Law (April 3, 2019)
“Justice
Department Will Argue Against ACA on Appeal”,
Kristine A. Tidgren, The Ag Docket – Iowa State University Center for
Agricultural Law and Taxation (March 28, 2019)
Federal
Actions and Notices:
Food and Drug Administration
Food and Nutrition Service
Food Safety and Inspection Service
Pennsylvania
Department of Agriculture:
Pennsylvania
Legislation:
SB
534: Legislation to allow for the adoption of retired
research animals (Referred to Senate Agriculture and Rural Affairs Committee,
April 8, 2019)
SB
170: Legislation to expand access to the Farmers’ Market
Development Program (Referred to Senate Agriculture and Rural Affairs
Committee, April 5, 2019)
Pennsylvania
Actions and Notices:
Department of Agriculture
Milk Marketing Board
Penn
State Research:
“Spotted
lanternflies found to be flyers, not gliders”
– Penn State News
AgLaw HotLinks:
“The future
of agriculture is computerized”
– MIT News
“The
Role of Guest Workers in U.S. Agriculture” – Choices Magazine
“CattleTrace
pilot project shifts to ‘Phase Two’” – Feedstuffs
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