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:
Pesticides:
EPA Will Not Approve Labels Asserting that Glyphosate Causes Cancer
stating that the agency “will no longer approve
product labels claiming glyphosate is known to cause cancer.” According to EPA, such claims are false and
as such do “not meet the labeling requirements of the Federal Insecticide,
Fungicide, and Rodenticide Act.” EPA’s statement
is a direct reaction to California’s Proposition
65
which requires an established list of chemicals determined by the state to
“cause cancer, birth defects or other reproductive harm.” If a chemical is on the list, warning labels
must be placed on any item that would pose consumers “significant exposure” to
the chemical. Currently, California
lists glyphosate
on the Proposition 65 list. According to
EPA Administrator Andrew Wheeler, “It is irresponsible to require labels on
products that are inaccurate when EPA knows the product does not pose a cancer
risk. We will not allow California’s flawed program to dictate federal policy.”
Agricultural Finance: Legislation to
Permit More Chapter 12 Bankruptcies Moves to President
On August 13, 2019, legislation was presented to
President Donald Trump to increase the Chapter 12 Bankruptcy operation debt cap
limit from $3,237,000 to $10,000,000 (H.R.
2336 (116)). Under Chapter
12,
qualifying “family farmers” experiencing financial difficulties are provided
with the ability to establish plans to repay parts or all of their debts.
Through increasing the debt cap limit, the proposed legislation, known as the
Family Farmer Relief Act of 2019, would allow more farmers to qualify for
Chapter 12 Bankruptcy. Previously, the
legislation was passed in the U.S. Senate by voice vote on August 1, 2019. Prior to that, the U.S. House of
Representatives passed the legislation by voice vote on July 25, 2019.
Animal
Welfare: Oregon Governor Signs Cage-Free Egg Law
On August 9, 2019, Oregon Governor Kate Brown signed
legislation requiring that by 2024, commercial operations with egg-laying hen flocks
greater than 3,000 must house the flocks in “cage-free housing systems” (SB1019). Under the legislation, the egg-laying hens
must have the ability to roam and have access to “scratch areas, perches, nest
boxes and dust bathing areas.” Additionally,
the legislation states that individuals are not permitted to buy, sell,
transport in intrastate commerce, or receive eggs that are not produced in
compliance with the Oregon’s egg-laying hen housing requirements.
Food
Safety: FDA Seeks Comment on New Animal Drugs
On August 9, 2019, the U.S. Food and Drug Administration
(FDA) published notice in the Federal
Register seeking “comments on transit times to slaughter, milking
frequency, and how end users interpret zero-day withdrawal period or zero-day
milk discard time statements found on new animal drug labeling” (84
FR 39340). According to
FDA, new animal drugs used in food-producing animals are assigned periods of
time between when the drug is last administered and when a slaughtered
animal—or its milk—can safely be consumed by humans. To better understand current industry
practices regarding the assignment of these periods, FDA is seeking public
comment regarding:
- Current transit times to slaughter facilities;
- Current holding times at slaughter facilities prior to slaughter;
- Milking frequency at commercial dairy operations; and
- How “zero-day withdrawal period” or “zero-day milk discard time” animal drug labels are interpreted by end-users.
Pesticides:
Groups File Petition Regarding Chlorpyrifos
On August 7, 2019, the public interest environmental
law organization Earth Justice filed
a petition for review with the U.S. Court of Appeals for the 9th
Circuit regarding the U.S. Environmental Protection Agency’s (EPA) decision to
not ban the pesticide chlorpyrifos.
Previously, on May 29, 2017, EPA issued a Petition Denial Order entitled
“Chlorpyrifos; Order Denying PANNA and NRDC’s Petition to Revoke Tolerances” (82
FR 64).
Subsequently, on July 18, 2019, EPA issued an Objections Denial Order
entitled “Chlorpyrifos; Final Order Denying Objections to March 2017 Petition
Denial Order” 84
FR 35555). Earth
Justice, on behalf of 11 petitioners, seeks a review of both the Petition
Denial Order and the Objections Denial Order by the court.
From
National Ag Law Experts:
“EPA
decides not to ban chlorpyrifos-now what”, Sarah Everhart,
Maryland Risk Management Education Blog (August 13, 2019)
“Who
Should Control the Carbon Farming Marketplace?”,
Todd Janzen, Janzen Ag Law Blog – Janzen Ag Law (August 7, 2019)
Federal
Actions and Notices:
Agricultural Marketing Service
Animal and Plant Health Inspection Service
Environmental Protection Agency
Food and Nutrition Service
Foreign Agricultural Service
Pennsylvania
Legislation:
SR
190:
Resolution directing the Joint State Government Commission to study food waste
in Pennsylvania and report findings to the Senate (Referred to Senate
Agriculture and Rural Affairs Committee, August 7, 2019)
Pennsylvania
Actions and Notices:
Department of Environmental Protection
Environmental Hearing Board
Pennsylvania
Department of Agriculture:
Penn
State Research:
AgLaw HotLinks:
“Farm
Bill funds to support animal disease prevention”
– Morning AgClips
“Report:
Farmers Prevented from Planting Crops on More than 19 Million Acres”
– USDA Farm Service Agency
Stay Informed:
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