Written by:
Brook Duer—Staff Attorney
Audry Thompson—Research Assistant
The Agricultural Law Weekly Review provides an
update of recent agricultural law developments from the local, state, national,
and international levels. Subscribe to the ALWR at pennstateaglaw.com.
National
Agricultural Policy: USDA Inspector General Confirms Investigation of Trade Aid
Package
On
February 11, 2020, USDA Inspector General Phyllis K. Fong confirmed during testimony before the U.S. House of Representatives
Committee on Appropriations’ Subcommittee on Agriculture that her office is
conducting an investigation of the legal authority and administration of the
so-called “Trade Aid Packages” for 2018 and 2019.
The trade aid packages were undertaken by USDA pursuant to Section 5 of
the Commodity Credit Corporation (CCC) Charter Act of 1948, 15 U.S.C. 714 et seq., to compensate
agricultural producers for lost revenue due to Chinese tariff retaliation and
trade disruption over the last two years. Inspector General Fong testified that
her office is initially investigating whether and what legal authority supports
the payment of the aid through approximately $27.4 billion dollars of CCC
authority. According to Fong, a report
on that portion of the investigation is expected “in the next few months.” Thereafter, her office will be completing an
investigation of the administration of, and eligibility criteria under, both
the Market
Facilitation Program (MFP) and Food Purchase and Distribution Program portions of the trade
aid, constituting approximately $27.1 billion of the total from the CCC.
Biofuels: EPA Issues Annual Update
of Renewable Fuel Standards Program Requirements
On February 6, 2020, the United
States Environmental Protection Agency (EPA) published a final rule at 85 FR 7016,
as required by Section 211 of the Clean Air Act and known as the Renewable Fuel
Standard (RFS) program, establishing the following: (a) the percentage of gasoline
and diesel transportation fuel produced or imported in the year 2020 required
to consist of cellulosic biofuel, biomass-based diesel, advanced biofuel, and all
renewable fuels in the aggregate; (b) the 2020 production volume requirements
for cellulosic biofuel, advanced biofuel, total renewable fuels in the
aggregate, and the 2021 production volume requirement for biomass-based diesel;
and (c) the 2020 volumes of gasoline and diesel projected to be exempted from
the renewable volume obligations. The
final rule is effective April 6, 2020.
Industrial Hemp: Farm Credit
Administration Issues Memorandum on Financing Hemp
On February 7, 2020, the Farm Credit
Administration’s Office of Regulatory Policy issued an informational memorandum
to all Board chairs and CEOs of each Farm Credit Bank and Association providing
guidance on deciding whether to finance hemp production and, if so, considerations on collecting, analyzing and
documenting information from a loan applicant.
Much of the memorandum is devoted to reiterating the contents of the
USDA’s Interim Final Rule on Domestic Hemp Production and that all hemp must be
produced pursuant to a compliant and USDA-approved state hemp production
plan. USDA has approved only six state
plans to date. However, it contains two
noteworthy recommendations for analysis by Farm Credit Banks and Associations:
(a) “How the producer will remain current on the loan if the hemp crop exceeds
the applicable THC levels;” and (b) “[C]omplete a break-even repayment analysis
and a worst-case repayment analysis based on a total crop loss due to an
unacceptably high hemp THC level.”
Pesticides: Corteva Announces
Discontinuance of Chlorpyrifos Production by Year’s End
On February 6, 2020, Corteva, Inc.,
one of the leading manufacturers of the pesticide chlorpyrifos, announced
that it will end production and sales of the pesticide by the end of 2020. Hawaii, California and New York have all taken
actions to end Chlorpyrifos use and sales in their respective states, as discussed
in last month’s Agricultural Law Brief. Corteva made the following statement: “Demand
for one of our long-standing products, chlorpyrifos, has declined significantly
over the last two decades, particularly in the U.S. Due to this reduced demand, Corteva has made
the strategic business decision to phase out our production of chlorpyrifos in
2020. We are committed to continuing to support our farmers and invest in
products they need. Our customers will have access to enough chlorpyrifos
supply to cover current demand through the end of the year, while they
transition to other products or other providers. Our customers,
shareholders and employees will benefit by redeploying our resources.”
Agricultural Labor: Use of New I-9 Form
Required On April 30, 2020
On January 31, 2020, the U.S.
Citizenship and Immigration Services, Department of Homeland Security (USCIS)
published a notice at 85 FR 5683
announcing a new version of Form I-9, Employment Eligibility Verification,
identified as Rev. 10/21/2019. The new
form may be used beginning January 31, 2020.
On April 30, 2020, the prior version, identified as Rev. 07/17/2017 N,
will no longer to be valid for compliance with federal law. Employers do not need to complete the new
Form I-9 for current employees who already have a properly completed Form I-9
on file, unless reverification becomes otherwise required by law. Changes to the form and its accompanying
instructions are minimal and the underlying legal requirements have not
changed.
From National Ag Law
Authorities & Sources:
Drew Mitchell, Proposal:
Bills Delegate Responsibility for Alternative Protein Safety and Labeling (Feb. 7, 2020).
Penn State Research
& News:
AGENCY PRESS
RELEASES—STATE/FEDERAL
Pennsylvania
Department of Agriculture Press Releases:
Agriculture
Secretary, Senator Vogel Discuss “Reach Out PA,” Mental Health Issues in
Pennsylvania Agriculture (Feb. 6, 2020).
Wolf
Administration Announces $340,000 Approved for PA Farm Bill Grants to Improve
Animal Health and Safety (Feb. 7, 2020).
U.S.
Department of Agriculture Press Releases:
USDA
Invests $4.4 Million in Rural Broadband Infrastructure in Georgia’s Gilmer
County (Feb. 7, 2020).
STATE ACTIONS—EXECUTIVE/LEGISLATIVE
Pennsylvania
Executive Agencies—Actions and Notices:
Department of
Agriculture
50 Pa.B. 801 “Action of Controlled Plant and Noxious Weed Committee; Addition
of Noxious Weeds to Controlled Plants and Noxious Weed List.” Notice (Feb.
8, 2020).
Department of
Environmental Protection
Applications For
National Pollutant Discharge Elimination System (NPDES) Permits And Water
Quality Management (WQM) Permits” Applications (Feb. 8, 2020).
Pennsylvania
Legislature
H.B. 1100 “An Act amending the act of March 4, 1971 (P.L.6, No.2), known as
the Tax Reform Code of 1971, providing for energy and fertilizer manufacturing
tax credit [‘Energize PA Legislative Package.’]” Signed in House (Feb.
4, 2020).
H.Res. 653 “A Resolution designating the week of March 16 through 22, 2020,
as "Maple Producers Week" in Pennsylvania.” Adopted [House]
(Feb. 4, 2020).
H.B. 1584 “An Act amending Title 30 (Fish) of the Pennsylvania Consolidated
Statutes, in Pennsylvania Fish and Boat Commission, repealing provisions
relating to waterways patrolmen and employees.” Third consideration and
final passage [House] (Feb. 4, 2020).
H.B. 881 “An Act amending the act of June 18, 1982 (P.L.549, No.159),
entitled "An act providing for the administration of certain Commonwealth
farmland within the Department of Agriculture," further providing for
agricultural land conservation assistance grant program [‘Farm Succession
Planning Grants.’]” Removed from table [House] (Feb. 4,
2020).
H.B. 333 “An Act amending the act of March 4, 1971 (P.L.6, No.2), known as
the Tax Reform Code of 1971, in personal income tax, further providing for
classes of income [‘Small Business Tax Package.’]” Laid on the table [House]
(Feb. 4, 2020).
H.B. 105 “An Act amending the act of March 4, 1971 (P.L.6, No.2), known as
the Tax Reform Code of 1971, in personal income tax, further providing for
classes of income [‘Small Business Tax . . . Like-kind Exchanges.’]” Laid on
the table [House] (Feb. 4, 2020).
S. Res 300 “A Resolution designating the week of February 22 through 29,
2020, as "FFA Week" in Pennsylvania.” Adopted [Senate] (Feb.
5, 2020).
S.B. 915 “An Act amending Title 3 (Agriculture) of the Pennsylvania
Consolidated Statutes, repealing provisions relating to fertilizer; providing
for fertilizer; in soil and plant amendment, further providing for disposition
of funds; in seed, further providing for disposition of funds; establishing the
Agronomic Regulatory Account within the General Fund; imposing duties on the
Department of Agriculture; and making conforming amendments.” Re-referred to
Appropriations [Senate] (Feb. 5, 2020).
H.B. 752 “An Act amending Title 34 (Game) of the Pennsylvania Consolidated
Statutes, in property and buildings, further providing for price paid for
acquisitions and improvements.” First consideration [Senate] (Feb. 5,
2020).
S.B. 995 “An Act amending Title 75 (Vehicles) of the Pennsylvania
Consolidated Statutes, in general provisions, further providing for definitions
[‘Increasing the Width of Multipurpose Agricultural Vehicles.’]” First
consideration [Senate] (Feb. 5, 2020).
S.B. 1060 “A Supplement to the act of April 1, 1863 (P.L.213, No.227),
entitled "An act to accept the grant of Public Lands, by the United
States, to the several states, for the endowment of Agricultural
Colleges," making appropriations for carrying the same into effect;
providing for a basis for payments of such appropriations, for a method of
accounting for the funds appropriated and for certain fiscal information
disclosure; and making an appropriation from a restricted account within the
Agricultural College Land Scrip Fund.” Referred to Appropriations [Senate]
(Feb. 6, 2020).
FEDERAL
ACTIONS—EXECUTIVE/LEGISLATIVE
Federal Executive
Agencies—Actions and Notices:
Agency for International
Development
85 FR 7265 “Board for International Food and Agricultural Development;
Notice of Meeting” NoticeI (Feb. 7, 2020).
Agricultural Department
85 FR 7527 “Opportunity for Designation in the Cedar Rapids, Iowa, Area;
Request for Comments on the Official Agency Servicing This Area” Notice—Comment
Period (February 10, 2020).
85 FR 7528 “Submission for OMB Review; Comment Request [Agricultural
Research Service: Evaluation of User Satisfaction with NAL internet
Sites]” Notice (February 10, 2020).
85 FR 7528 “Submission for OMB Review; Comment Request [Animal and Plant
Health Inspection Service: Introduction of Organisms and Products Altered or
Produced Through Genetic Engineering]” Notice (February 10, 2020).
Agricultural Marketing
Service
85 FR 7526 “Plant Variety Protection Board; Open Teleconference Meeting” Notice
(February 10, 2020).
85 FR 7526 “Solicitation of Nominations for Members of the USDA Grain
Inspection Advisory Committee” Notice (February 10, 2020).
85 FR 7669 “Walnuts Grown in California; Hearing on Proposed Amendment of
Marketing Order No.984” Proposed Rule (February 11, 2020).
Animal and Plant Health
Inspection Service
85 FR 7265 “Notice of Request for Extension of Approval of an Information
Collection; Federally Recognized State Managed Phytosanitary Program” Notice—Comment
Period (Feb. 7, 2020).
Commodity Credit
Corporation
85 FR 6419 “Pima Agriculture Cotton Trust Fund and Agriculture Wool Apparel
Manufacturers Trust Fund” Rule (Feb. 5, 2020).
Economic Research
Service
85 FR 7529 “Notice of Intent To Request Revision of the Current Population
Survey Food Security Supplement-A Currently Approved Information Collection” Notice—Comment
Period (February 10, 2020).
Environmental Protection
Agency
85 FR 7016 “Renewable Fuel Standard Program: Standards for 2020 and
Biomass-Based Diesel Volume for 2021 and Other Changes” Rule (Feb. 6,
2020).
85 FR 7303 “Farm, Ranch, and Rural Communities Advisory Committee (FRRCC)
Notice of Charter Renewal” Notice (Feb. 7, 2020).
85 FR 7499 “Receipt of Several Pesticide Petitions Filed for Residues of
Pesticide Chemicals in or on Various Commodities (December 2019)” Proposed
Rule—Comment Period (February 10, 2020).
85 FR 7698 “Banda de Lupinus Albus Doce (BLAD); Proposal To Revoke Exemption
and Establish Pesticide Tolerances” Proposed Rule—Comment Period
(February 11, 2020).
85 FR 7708 “Receipt of a Pesticide Petition Filed for Residues of Pesticide
Chemicals in or on Various Commodities (October 2019)” Proposed Rule—Comment
Period (February 11, 2020).
Farm Credit
Administration
85 FR 6421 “Organization and Functions; Farm Credit Administration Board
Meetings” Rule (Feb. 5, 2020).
Federal Emergency
Management Agency
85 FR 7326 “Proposed Flood Hazard Determinations [Mississippi]” Notice—Comment
Period (Feb. 7, 2020).
85 FR 7324 “Changes in Flood Hazard Determinations [AZ, CA, FL, IL, IN, KS,
NV, NY, TX, WA]” Notice (Feb. 7, 2020).
85 FR 7322 “Changes in Flood Hazard Determinations [CO, CT, FL, LA, NC, OK,
SC, TX]” Notice (Feb. 7, 2020).
Federal Motor Carrier
Safety Administration
85 FR 6088 “Extension of Compliance Date for Entry-Level Driver Training
[February 7, 2022.]” Rule—Comment Period (February 4, 2020).
Fish and Wildlife
Service
85 FR 6968 “Foreign Endangered Species; Receipt of Permit Applications” Notice—Comment
Period (Feb. 6, 2020).
85 FR 6856 “Endangered and Threatened Wildlife and Plants; Designation of
Critical Habitat for Yellow Lance” Proposed Rule—Comment Period (Feb. 6,
2020).
Food and Drug
Administration
85 FR 6549 “Advancing Animal Models for Antibacterial Drug Development;
Public Workshop; Request for Comments” Notice—Comment Period (Feb. 5,
2020).
85 FR 6551 “Agency Information Collection Activities; Proposed Collection;
Comment Request; Food Labeling Regulations” Notice—Comment Period (Feb.
5, 2020).
85 FR 6955 “Prior Notice of Imported Food Under the Public Health Security
and Bioterrorism Preparedness and Response Act of 2002” Notice—Comment
Request (Feb. 6, 2020).
85 FR 7682 “LANXESS Corporation; Filing of Food Additive Petition (Animal
Use)” Proposed Rule (February 11, 2020).
Food and Nutrition
Service
85 FR 7266 “Agency Information Collection Activities: Turnip the Beet! High
Quality Summer Meals Award Program” Notice—Comment Period (Feb. 7,
2020).
85 FR 7716 “Agency Information Collection Activities: Supplemental Nutrition
Assistance Program: 2008 Farm Bill Provisions on Clarification of Split
Issuance; Accrual of Benefits and Definition Changes” Notice—Comment Period
(February 11, 2020).
Food Safety and Inspection
Service
85 FR 7715 “Notice of Request for Renewal of an Approved Information
Collection (Nutrition Labeling of Major Cuts of Single-Ingredient Raw Meat or
Poultry Products and Ground or Chopped Meat and Poultry Products)” Notice—Comment
Period (February 11, 2020).
85 FR 7713 “Notice of Request for Revision of an Approved Information
Collection (Advanced Meat Recovery)” Notice—Comment Period (February 11,
2020).
Office of U.S. Trade
Representative
85 FR 7377 “Reallocation of Unused Fiscal Year 2020 Tariff-Rate Quota Volume
for Raw Cane Sugar” Notice (Feb. 7, 2020).
U.S. House Agriculture
Committee Actions:
H.R.5762 “Transforming Hiring in Rural Industries and Vital Economies Act
of 2020” Referred to the House Committee on Agriculture (Feb. 5,
2020).
H.Con.Res.88 “Supporting the Farmers Bill of Rights” Referred to the House
Committee on Agriculture (Feb. 6, 2020).
S.2107 “Protecting America's Food and Agriculture Act of 2019” Motion
to reconsider laid on the table Agreed to without objection (Feb. 10,
2020).
U.S. Senate Agriculture,
Nutrition, And Forestry Committee Actions:
No new actions Feb.5–11,
2020
Feb.4–11, 2020 Top
Tweets:
“More states abandon federal hemp oversight
before USDA rolls out bare-bones application,” Hemp Industry Daily
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