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:
Agricultural
Labor: DHS Increases Number of H-2B Temporary Nonagricultural Workers for 2019
On May 8, 2019, the U.S. Department of Homeland
Security (DHS) published notice in the Federal Register that the department is
increasing the numerical limit on H-2B nonimmigrant visas by an additional
30,000 visas through the end of Fiscal Year (FY) 2019 (84
FR 20005). Under the Immigration and
Nationality Act, the annual number of H-2B nonimmigrant visas for temporary
nonagricultural workers is capped at 66,000.
Accordingly, 33,000 H-2B visas are allotted to the first half of each
fiscal year (October 1 to March 31) and 33,000 H-2B visas to the second half of
each fiscal year (April 1 to September 30).
Recently, due to high demand, 15,000 additional H-2B visas were awarded
for both FY 2017 and FY 2018. DHS stated
that the additional 30,000 H-2B visas for FY 2019 are necessary to avoid irreparable
harm to businesses that need H-2B workers for financial viability.
Pennsylvania
Legislation: PA Senate Passes “Farming First” Legislation
On May 8, 2019, the Pennsylvania Senate passed five
pieces of legislation, known collectively as the “Farming First” package,
intended to strengthen the Commonwealth’s agricultural sector. First, legislation was passed providing a
personal income tax credit for landowners who lease or sell their land,
buildings and equipment to beginning farmers (SB
478). The legislation now moves to the
House Finance Committee. Second, legislation
was passed to establish the Pennsylvania Dairy Future Commission (SB
585). The purpose of the Commission would be to review and
make recommendations designed to promote and strengthen Pennsylvania’s dairy
industry. The legislation now moves to the House Agriculture and Rural
Affairs Committee. Third, legislation was
passed providing that agritourism activities are to be treated as part of
agriculture authorized on farms preserved under the state’s farmland
preservation program (SB
583). The legislation now moves
to the House Agriculture and Rural Affairs Committee. Fourth, legislation was passed amending the
Vehicle Code to allow milk haulers to travel on highways during a declaration
of disaster emergency (SB
588). The legislation now moves to
the House Agriculture and Rural Affairs Committee. Fifth, legislation was passed exempting certain
barns—and other structures—used as wedding or special event venues from Uniform
Construction Code requirements SB
0453). The legislation now moves to
the House Labor and Industry Committee.
Pennsylvania
Legislation: PA House Committee Passes Agricultural Legislation
On May 7, 2019, the Pennsylvania House Agricultural
and Rural Affairs Committee passed three agricultural bills out of committee. First, legislation was passed to amend the
Retail Food Facility Safety chapter of the Agriculture Code so as to define the
term “mobile retail food facilities” and to consolidate mobile food vendor fees
(HB 671). Next, legislation was passed to amend the Pennsylvania
Construction Code Act to clarify the legal status of wedding barns that meet fire
and safety standards (HB 1037). Finally, legislation was passed to exempt Dog
Law fines, fees, and costs from being transferred to the Judicial Computer
System Augmentation Account (HB 1277). All three pieces of legislation now move to
the full House for consideration.
Food
Labeling: Oklahoma Governor Signs Meat Labeling Law
On April 26, 2019, Oklahoma Governor Kevin Stitt
signed into law legislation that prohibits the deceptive advertising or selling
of mislabeled meat products (SB392). Under the law, the term “meat” is restricted
to “any edible portion of livestock, poultry or captive cervid carcass or part
thereof.” Though the legislation makes no reference to cell-cultured or
plant-based products, if such products cannot meet the laws definition, they
would not be permitted to be advertised or labeled as “meat.”
Rural
Policy: USDA Releases Rural Broadband Report
On April 30, 2019, the U.S. Department of Agriculture
(USDA) announced
the release of a report entitled: A Case
for Rural Broadband: Insights on Rural Broadband Infrastructure and Next
Generation Precision Agriculture Technologies. According to the report, a significant high-speed
internet infrastructure gap exists between urban and rural areas. The report asserted that if the rural
internet infrastructure is brought-up to meet estimated producer demand, the increased
use of precision agriculture would result in a significant growth in overall U.S.
agriculture production.
FSMA: FDA Withdraws Outdated Animal Food Compliance
Policy Guides
On April 30, 2019, the U.S.
Food and Drug Administration (FDA) announced the
withdraw of three outdated Compliance Policy Guides (CPGs) pertaining to the
use of certain animal-derived materials in animal food. According to FDA, CPG Sec. 675.400 – Rendered
Animal Feed Ingredients and CPG Sec. 690.300 – Canned Pet Food were withdrawn because
of the additional regulatory tools available under the FDA Food Safety
Modernization Act. Additionally, CPG
Sec. 690.500 – Uncooked Meat for Animal Food was withdrawn because it merely
restated the adulteration provision of section 402(a)(5) of the FD&C Act. The three CPGs were originally issued in
1979-80.
From
National Ag Law Experts:
“Spring 2019”,
John R. Block, Olsson Frank Weeda Terman Matz PC (May 2, 2019)
“Have
dicamba drift damage here’s what you can do”, Paul Goeringer, Maryland Risk
Management Education Blog (April 30, 2019)
Federal
Actions and Notices:
Animal and Plant Health Inspection Service
Environmental Protection Agency
Farm Credit Administration
Rural Utilities Service
Pennsylvania
Legislation:
HB
1345: Legislation to prohibit the practice of
pet leasing (Referred to House Agriculture and Rural Affairs Committee, May 6,
2019)
HB
1348: Legislation providing agritourism businesses with limited
liability protection (Referred to House Agriculture and Rural Affairs
Committee, May 1, 2019)
Penn
State Research:
“'Right'
cover-crop mix good for both Chesapeake and bottom lines”
– Penn State News
AgLaw HotLinks:
“Beyond
Meat debuts as year's top U.S. IPO”—Feedstuffs
“USDA
Accepting Applications to Help Cover Producers’ Costs for Organic Certification” – USDA Farm Service Agency
“Robotic
weeders are racing to replace glyphosate and dicamba” – The New Food Economy
“Invasive
fish threatens endangered mussels in Pa.” – Farm and Dairy
“Iowa
egg farm sues over damages from bird flu disinfection after 2015's deadly H5N2
outbreak” – Des Moines Register
Stay Informed:
Listen to our weekly Agricultural Law
Podcast
Read our monthly Agricultural
Law Brief newsletter
Follow us on Twitter
at PSU
Ag & Shale Law (@AgShaleLaw) to receive daily AgLaw
HotLinks
Connect with us on Facebook
to view our weekly CASL Ledger detailing Center publications and activities
Visit The Ag & Food
Law Blog for a comprehensive summary of daily judicial,
legislative, and regulatory developments in agriculture and food
No comments:
Post a Comment