Jackie Schweichler—Staff Attorney
Audry Thompson—Research
Assistant
The following
information is an update of recent local, state, national, and international
legal developments relevant to agriculture:
Antitrust: USDA
Announces Investigation into Tyson Foods Following Plant Fire
On August 28, 2019, U.S.
Department of Agriculture, Secretary Sonny Perdue announced an investigation into beef pricing margins following a recent
fire at the Tyson Foods beef plant in Holcomb, Kansas. Tyson Foods stated in a press release that the company maintains several Kansas
plants, which created a $2.4 billion impact on the state in 2018. The
investigation will be conducted by the Packers and Stockyards Division (PSD) to
determine whether standards for unfair
practices were violated. PSD will look
for “evidence of price manipulation, collusion, [and] restrictions of
competition.” The National Cattlemen’s
Beef Association also released a statement in support, stating that the investigation will
show transparency and build market confidence.
Industrial Hemp /
Cannabis: DEA Posts Notice of Research-Related Marijuana Registrants
On August 27, 2019, the
Drug Enforcement Administration (DEA) posted notice in the Federal Register of
applications it has received from organizations applying for registration to
produce marijuana, marijuana extract, and tetrahydrocannabinols for medical and
scientific research (84 FR 44920). Under the Controlled Substances Act (CSA), both the
development and distribution of marijuana is prohibited, except by entities
registered under the CSA. If the registrants are approved, they would be
authorized only to cultivate marijuana under their CSA registration. Any conduct outside the realm of their
DEA-approved production activities would be prohibited. Before
determining approval of the registrants, DEA plans to propose new regulations
that will guide the program for scientific and medical marijuana research. According
to DEA Acting Administrator Uttam Dhillon, DEA “believe[s] registering more
growers will result in researchers having access to a wider variety for
study.” DEA predicts that more strains of marijuana available to
researchers “should facilitate research, advance scientific understanding about
the effects of marijuana, and potentially aid in the development of safe and
effective drug products that may be approved for marketing by the Food and Drug
Administration.” DEA has currently received thirty-three applications and is accepting written comments by mail until October 28, 2019.
Municipal Regulation:
Missouri Court Restrains Law that Would Limit Local Regulation of Agricultural
Operations
On August 19, 2019, the
Circuit Court of Cole County, Missouri issued a temporary restraining order
against SB 391 which would invalidate certain county laws or regulations
governing agricultural operations, according to a press release from the plaintiff’s attorney. SB 391 was
signed into law on May 31, 2019, and it was scheduled to become effective on
August 28, 2019. SB 391 specifically prohibits counties from governing
agricultural operations with laws or regulations “more stringent than any
provisions of law, rules, or regulations relating to the Department of Health
and Senior Services, environmental control, the Department of Natural
Resources, air conservation, and water pollution.” Several parties brought this lawsuit on
August 19, 2019, including The Cedar County Commission, Cooper County Public
Health Center, Friends Of Responsible Agriculture, and three Missouri
landowners. According to the plaintiffs, SB 391 prevents local
governments from establishing health regulations relating to air emissions from
concentrated animal feeding operations.
Conversely, the Missouri Cattlemen’s Association has issued a statement that SB 391 provides for regulations based on scientific and
expert oversight. The court will hold a preliminary injunction hearing on
September 16, 2019.
From National Ag Law
Experts:
Paul Goeringer and
Nerice Millet-Williams, A Look at 2019 Land Values Nationally,
Maryland, and Delaware (August 20, 2019)
The National
Agricultural Law Center, The Ag & Food Law Blog, To Cure or Not to Cure: Groups Petition USDA
Labeling Requirements (September 3, 2019)
Federal Actions and
Notices:
Environmental Protection
Agency
Farm Service
Agency/Commodity Credit Corporation
Agricultural Marketing
Service
Rural
Business-Cooperative Service
“Notice of Solicitation of Applications for
the Rural Energy for America Program for Fiscal Year 2020” (August 30, 2019)
National Institute of
Food and Agriculture
“Solicitation of Veterinary Shortage Situation
Nominations for the Veterinary Medicine Loan Repayment Program (VMLRP)” (August 30, 2019)
Pennsylvania Actions and
Notices:
Department of
Environmental Protection
“Applications, Actions and Special Notices,
THE CLEAN STREAMS LAW AND THE FEDERAL CLEAN WATER ACT” (August 31, 2019)
“Proposed State Implementation Plan Revision
for Regional Haze; Best Available Retrofit Technology; Public Hearings” (August 31, 2019)
Fish and Boat Commission
Milk Marketing
Board
Office of Attorney
General
Pennsylvania Department
of Agriculture:
“Agriculture Department Invites Pennsylvania
Students to Help Fight Spotted Lanternfly” (September 3, 2019)
“Wolf Administration Announces Opportunities
for Pennsylvania’s Hemp Industry to Lead” (August 28, 2019)
Penn State Research:
“Research Predicts Stability of Mosquito-Borne
Disease Prevention” – Penn State News
(August 26, 2019)
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