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:
Industrial Hemp/Cannabis: USDA Provides
for Importation of Hemp Seeds
On April 18, 2019, the U.S.
Department of Agriculture (USDA) announced
a process for the legal importation of hemp seeds into the U.S. According to USDA, hemp seeds may be imported
into the U.S. from Canada if accompanied by either: 1) a phytosanitary
certification from Canada’s national plant protection organization verifying
the origin of the seed and confirming that no plant pests have been detected;
or 2) a Federal Seed Analysis Certificate for hemp seeds grown in Canada. For all countries other than Canada, hemp
seeds may be imported into the U.S. if accompanied by a phytosanitary
certificate from the exporting country’s national plant protection organization
verifying the origin of the seed and confirming that no plant pests have been
detected.
Food Labeling: Montana Governor Signs Real
Meat Act
On April 18, 2019, Montana
Governor Steve Bullock signed legislation defining cell-cultured edible
products, defining hamburger and ground beef, and clarifying when meat is mislabeled.
(HB
327). Dubbed the “Real Meat Act”,
the legislation defines a cell-cultured edible product as a “concept of meat”
that is produced from a cell culture and not from a whole slaughtered animal. Additionally, hamburger and beef are defined
as being derived from the edible flesh of livestock or a livestock product and
does not include cell-cultured edible products.
Finally, any cell-cultured edible product labeled as meat is mislabeled if
it does not meet the definition of meat.
Food Policy: New York SNAP Participants Permitted
to Buy Groceries Online
On April 18, 2019, the U.S.
Department of Agriculture (USDA) announced
the launch of a two-year pilot project that will enable certain Supplemental
Nutrition Assistance Program (SNAP) participants in New York State the ability to
select and pay for groceries online. According
to USDA, initially, ShopRite and Amazon will provide online service to participants
in the New York City area and Walmart will provide online service to participants
in upstate New York. Eventually, other online
retailers will be added to the pilot project.
USDA anticipates that the SNAP online pilot project will be expanded into
other areas of New York State as well as Alabama, Iowa, Maryland, Nebraska, New
Jersey, Oregon and Washington.
International Trade: Panel Finds China’s
Administration of Grain Tariff-Rate Quotas Violates WTO Commitments
On April 18, 2019, the
Office of the U.S. Trade Representative (USTR) announced
that a World Trade Organization (WTO) dispute settlement panel ruled that China
had administered its tariff-rate quotas (TRQs) for wheat, corn, and rice
inconsistently with its WTO commitments.
The WTO panel found that by not properly administering its TRQs, China unfairly
denied U.S. farmers access to China’s grain markets. According to the U.S. Department of Agriculture,
if China had properly administered its TRQs, in 2015 alone, it would have
imported as much as $3.5 billion worth of corn, wheat and rice.
Dairy Policy: USDA Announces $1.5 Million
in Grants for Dairy Business Innovation Initiatives
On April 16, 2019, the U.S. Department
of Agriculture (USDA) announced
the availability of $1.5 million in competitive grant funding for the Dairy
Business Innovation (DBI) Initiatives. Authorized
under the 2018 Farm Bill, the DBI Initiatives are intended to support dairy
producers by assisting in the development of value-added dairy products, farm
diversification, and regional milk production.
According to USDA, the DBI Initiative grants may be used for business activities
including, but not limited to, dairy promotion, dairy research, and the development
of niche products such as specialty cheeses.
Interested individuals must submit applications electronically through www.grants.gov by 11:59 p.m. Eastern Time on
June 17, 2019.
Transportation: PA Milk Hauling Legislation
Reported Out of Committee
On April 17, 2019, the
Pennsylvania House Agriculture and Rural Affairs Committee advanced legislation
clarifying that milk haulers can travel on Pennsylvania highways during a
declaration of disaster emergency (HB
915). According to sponsoring Representative
Martin T. Causer, during inclement weather, travel restrictions may be placed on
commercial vehicles in the interest of public safety. These restrictions, however, do not consider
the perishable nature of milk and that cow milking schedules cannot be
adjusted. Under the proposed legislation,
during a declaration of disaster emergency, a licensed milk hauler would be
permitted to travel to a dairy farm to pick up milk and to transport milk to or
from a milk plant.
From
National Ag Law Experts:
“A
new Lake Erie battle: Lucas County sues U.S. EPA over western basin water
quality”, Peggy Kirk Hall, Ag Law Blog –
Agricultural Law & Taxation – Ohio State University Extension (April 22,
2019)
“TX
Supreme Court Addresses Duty of Executive Rights Holder”,
Tiffany Dowell Lashmet, Texas Agriculture Law Blog – Texas A&M AgriLife
Extension (April 22, 2019)
Federal
Actions and Notices:
Federal Motor Carrier Safety Administration
Food and Drug Administration
Food Safety and Inspection Service
Pennsylvania
Legislation:
HB
1223: Legislation to create Keystone
Opportunity Dairy Zones (Referred to House Agriculture and Rural Affairs
Committee, April 17, 2019)
HB
1224: Legislation providing for Milk Marketing
Board and Department of Revenue coordination on milk premiums (Referred to
House Agriculture and Rural Affairs Committee, April 17, 2019)
HB
1241: Legislation providing that certain fees
would not be considered a “charge” under Recreational Use of Land and Water Act
(Referred to House Tourism and Recreational Development Committee, April 17,
2019)
HB
1277: Legislation exempting fines, fees and
costs under the Dog Law from being transferred to the Judicial Computer System
Augmentation Account (Referred to House Agriculture and Rural Affairs
Committee, April 17, 2019)
HR
222: Resolution asking the U.S. FDA to enforce the
standard of identity for milk (Referred to House Agriculture and Rural Affairs
Committee, April 17, 2019)
Pennsylvania
Actions and Notices:
Department of Environmental
Protection
State Conservation
Commission
Pennsylvania
Department of Agriculture:
Penn
State Research:
AgLaw HotLinks:
“U.S.
cover crop acreage surged 50% in 5 years” – Morning AgClips
“How
Maryland Farmers are Bettering the Bay” – Successful Farming
“Big
Data Has Transformed Agriculture—In Some Places, Anyway” – Scientific American
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