Written by:
Brook Duer—Staff Attorney
Audry Thompson—Research Assistant
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.
International Trade:
Canada Formally Approves USMCA
On March 13, 2020, The
Canadian House of Commons approved, the Canadian Senate approved, and Canada’s
Governor General gave royal assent to legislation that formally represents Canada’s agreement to the terms of the
United States Mexico Canada Trade Agreement (USMCA). Canada was the final
government to formally approve the USMCA. For more on the USMCA, see the Agricultural
Law Weekly Review of January 23, 2020, titled “International Trade: USMCA
Receives Congressional Approval, Awaits President’s Signature.”
Ag Transportation:
Expanded Emergency Declaration Relaxes Hours of Service Trucking Rules For Food
and Other Cargo until April 12, 2020
On March 18, 2020, the U.S.
Department of Transportation, Federal Motor Carrier Safety Administration, issued an expanded emergency declaration which, in part, exempts from
“hours of service” rules “commercial motor vehicle operations providing direct
assistance in support of emergency relief efforts related to the COVID-19
outbreaks, including transportation to meet immediate needs for: . . . (3) food,
paper products and other groceries for emergency restocking of distribution
centers or stores; (4) immediate precursor raw materials-such as
paper, plastic or alcohol-that are required and to be used for the manufacture
of items in categories . . . (3); . . .” [emphasis added]. EXPANDED EMERGENCY
DECLARATION UNDER 49 CFR § 390.23, No. 2020-002. In its entirety,
the expanded declaration provides eight different categories of transport hours
of service exemptions. Upon cessation of qualified cargo transport or return to
his/her assigned terminal, the driver must be given 10 or 8 hours off-duty depending
upon the next cargo load. The exemption is in effect immediately and ends upon
termination of the emergency declaration or April 12, 2020, whichever first
occurs. According to the Livestock Marketing
Association (LMA),
“LMA
has received official interpretation from the Office of the Secretary of
Transportation that ALL livestock movement fits these exemption
definitions.”
Agricultural
Labor: U.S Embassy and Consulates in Mexico Suspend Visa Services
On March 18, 2020, the U.S. Embassy in Mexico
City and all U.S. consulates in Mexico suspended immediately routine immigrant and
nonimmigrant visa services until further notice. This means that all H-2A program non-immigrant
visa processing for agricultural “guest workers” has been stopped.
From National Ag Law
Authorities & Sources:
Roger A. McEowen, More Selected Caselaw Developments of
Relevance to Ag Producers—IRS Loses Valuation Case, IRAs and the Constitution,
Huge FBAR Penalty Imposed (Mar. 13, 2020).
Penn State Research
& News:
Jeff Mulhollem, Technique used to suppress soil pathogens,
pests in high tunnels can work in Pa.: Cover crops will provide inexpensive
source of carbon, sugar to make process work (Mar. 9, 2020).
Jeff Mulhollem, ‘Sustainable intensification’ of cropping
systems good for farmers, environment (Mar. 12, 2020).
AGENCY PRESS
RELEASES—STATE/FEDERAL
Pennsylvania
Department of Agriculture Press Releases:
Wolf Administration: PA Farmers Can Take
Advantage of $1 Million PA Farm Bill Farm Vitality Grant Program for Organic
Transition (Mar. 11, 2020).
Amid Universities Moving Remote for COVID-19,
Pennsylvania’s Animal Laboratory System Remains Open (Mar. 13, 2020).
PA Farm Show Complex Announces Cancellation of
Events in Proactive Effort Against COVID-19 (Mar. 13, 2020).
Wolf Administration Directs Families to
Emergency Food Assistance During COVID-19 Mitigation (Mar. 17, 2020).
Performance-Tested Bull Sale at Pennsylvania
Livestock Evaluation Center to be Held Online; Other Events Cancelled,
Rescheduled (Mar. 17, 2020).
U.S.
Department of Agriculture Press Releases:
APHIS Authorizes Importation of Fresh Jujube
Fruit from China into the Continental United States (Mar. 11, 2020).
Trump Administration Takes Major Step to
Improve Implementation of the Endangered Species Act (Mar. 12, 2020).
APHIS Seeking Public Comment on Potential
Changes to Select Agent and Toxin Registration List (Mar. 16, 2020).
USDA's Office of Food Safety and Marketing and
Regulatory Programs Statement to Industry (Mar. 16, 2020).
Notice to Stakeholders: USDA Extends Comment
Period on Proposed School and Summer Meal Reforms (Mar. 17, 2020).
STATE
ACTIONS—EXECUTIVE/LEGISLATIVE
Pennsylvania
Executive Agencies—Actions and Notices:
Department of
Agriculture
Department of
Conservation and Natural Resources
50 Pa.B. 1557 “Conservation and Natural Resources Advisory
Council Meeting [Wednesday, March 25, 2020],” Notice (Mar. 14, 2020).
Fish and Boat Commission
50 Pa.B. 1625 “Temporary Change to Fishing Regulations; Delaware
River, West Branch Delaware River and River Estuary,” Notice (Mar. 14,
2020).
50 Pa.B. 1526 “Fishing; General Fishing Regulations [display
requirements for fishing licenses]” Rules and Regulations (Mar. 14,
2020).
Game
Commission
50 Pa.B. 1549 “Preliminary Provisions; Lands and Buildings
[electric bicycles],” Proposed Rulemaking (Mar. 14, 2020).
Milk Marketing Board
Pennsylvania
Legislature
S.B. 1089 “An Act repealing . . . The Frozen Dessert Law,” Referred to
Agriculture and Rural Affairs [Senate] (Mar. 11, 2020).
H.B. 2357 “An Act . . . in game or wildlife protection, providing for
unlawful release of certain balloons,” Referred to Game and Fisheries
[House] (Mar. 13, 2020).
H.B. 2365 “An Act . . . further providing for the offense of cruelty to
animals [Ear Cropping],” Referred to Judiciary [House] (Mar. 13,
2020).
H.B. 2347 “An Act amending . . . permits relating to wildlife, further
providing for definitions,” Referred to Game and Fisheries [House] (Mar.
13, 2020).
H.B. 2348 “An Act . . . providing for Unserved High-Speed Broadband Funding
Program; establishing the Unserved High-Speed Broadband Funding Program
Account; making an appropriation; and making a related repeal,” Referred to
Consumer Affairs [House] (Mar. 13, 2020).
H.B. 2101 “An Act . . . further providing for definitions, for procedure
for licensing as professional engineer, for continuing professional competency
requirements and for exemption from licensure and registration,” Removed
from Table [House] (Mar. 16, 2020).
FEDERAL
ACTIONS—EXECUTIVE/LEGISLATIVE
Federal Executive
Agencies—Actions and Notices:
Agricultural Department
85 FR 14629 “Submission for OMB Review; Comment Request [Reporting Forms
Under Milk Marketing Order Programs],” Notice (Mar. 13, 2020).
85 FR 14875 “Submission for OMB Review; Comment Request [Job Search as a
supplemental Nutrition Assistance Program Employment and TrainingComponent],” Notice
(Mar. 13, 2020).
85 FR 14876 “Submission for OMB Review; Comment Request [Importation of Table
Eggs from Regions Where Newcastle Disease Exists and Exportation of Poultry and
Hatching Eggs],” Notice (Mar. 16, 2020).
Agricultural Marketing
Service
85 FR 14872 “Specified Commodities Imported Into the United States, Exempt
From Import Regulations; Request for Extension of a Currently Approved
Information Collection,” Notice—Comment Period (Mar. 16, 2020).
85 FR 14873 “Information Collection Request: Discharge and Delivery Survey
Summary and Rate Schedule Forms,” Notice—Comment Period (Mar. 16,
2020).
85 FR 14874 “Christmas Tree Promotion, Research, and Information Order;
Request for Extension and Revision of a Currently Approved Information
Collection,” Notice—Comment Period (Mar. 16, 2020).
Agency for International
Development
85 FR 15109 “Board for International Food and Agricultural Development Public
Meeting March 25, 2020, Correction,” Notice (Mar. 17, 2020).
Animal and Plant Health
Inspection Service
85 FR 14453 “Decision To Authorize the Importation of Fresh Jujube From China
Into the Continental United States,” Notice (Mar. 12, 2020).
85 FR 14452 “Notice of Request for Extension of Approval of an Information
Collection; Cooperative Agricultural Pest Survey,” Notice—Comment Period
(Mar. 12, 2020).
85 FR 15078 “Agricultural Bioterrorism Protection Act of 2002; Biennial
Review and Republication of the Select Agent and Toxin List,” Proposed
Rule—Comment Period (Mar. 17, 2020).
Commodity Credit
Corporation
Environmental Protection
Agency
85 FR 14196 “Notice of Availability of Draft NPDES Great Bay Total Nitrogen
General Permit for Wastewater Treatment Facilities in New Hampshire; Reopening
of Comment Period,” Notice—Comment Period (Mar. 11, 2020).
85 FR 15608 “National Emission Standards for Hazardous Air Pollutants:
Solvent Extraction for Vegetable Oil Production Residual Risk and Technology
Review,” Rule (Mar. 18, 2020).
Executive Office of the
President
85 FR 15337 “Declaring a National Emergency Concerning the Novel Coronavirus
Disease (COVID-19) Outbreak,” Presidential Document (Mar. 18,
2020).
Farm Service Agency
85 FR 14629 “Information Collection Request; Power of Attorney [FSA, CCC,
NRCS, FCIC, and RMA programs],” Notice—Comment Period (Mar. 13,
2020).
Federal Emergency
Management Agency
85 FR 14693 “Proposed Flood Hazard Determinations [Iowa, Kansas],” Notice—Comment
Period (Mar. 13, 2020).
85 FR 14692 “Proposed Flood Hazard Determinations [Montana, Virginia],” Notice—Comment
Period (Mar. 13, 2020).
85 FR 14694 “Changes in Flood Hazard Determinations [CO, CT, FL, GA, KY, MA,
MI, NC, OK, PA, SC, TN, TX, UT],” Notice (Mar. 13, 2020).
85 FR 15212 “Changes in Flood Hazard Determinations [AL, CO, DE, FL, LA, MT,
NV, NC, OH, OK, TX, UT],” Notice (Mar. 17, 2020).
85 FR 15215 “Final Flood Hazard Determinations [GA, ID, IA, MA, MI, NC, OH,
RI, TX, UT, VA, WA],” Notice (Mar. 17, 2020).
85 FR 15219 “Changes in Flood Hazard Determinations [AZ, CA, FL, HI, ID, MN,
NJ, TX],” Notice (Mar. 17, 2020).
Fish and Wildlife
Service
85 FR 14238 “Receipt of Incidental Take Permit Application and Proposed Habitat
Conservation Plan for the Alabama Beach Mouse, Baldwin County, AL; Categorical
Exclusion,” Notice—Comment Period (Mar. 11, 2020).
85 FR 14496 “Proposed Site Plans Under a Candidate Conservation Agreement
With Assurances for the Fisher in Oregon; Enhancement of Survival Permit
Applications,” Notice—Comment Period (Mar. 12, 2020).
85 FR 14697 “Endangered and Threatened Species; Receipt of Recovery Permit
Applications,” Notice—Comment Period (Mar. 13, 2020).
Food and Drug
Administration
85 FR 14206 “Scientific Data and Information About Products Containing
Cannabis or Cannabis-Derived Compounds; Reopening of the Comment Period,” Notice—Comment
Request (Mar. 11, 2020).
85 FR 14239 “Endangered and Threatened Wildlife; Incidental Take Permit
Application, Habitat Conservation Plan for the Alabama Beach Mouse, Gulf
Shores, AL; Categorical Exclusion,” Notice—Comment Period (Mar. 11,
2020).
85 FR 14240 “Endangered and Threatened Wildlife and Plants; Initiation of 5-Year
Status Reviews for 129 Species in Oregon, Washington, Idaho, Hawaii, Montana,
California, and Nevada,” Notice (Mar. 11, 2020).
85 FR 14565 “Food Additives Permitted in Feed and Drinking Water of Animals;
Chromium Propionate,” Rule—Comment Period (Mar. 13, 2020).
85 FR 14947 “Drug Products Labeled as Homeopathic; Draft Guidance for Food
and Drug Administration Staff and Industry; Extension of Comment Period,” Notice—Comment
Period (Mar. 16, 2020).
85 FR 15638 “Tobacco Products; Required Warnings for Cigarette Packages and
Advertisements,” Rule (Mar. 18, 2020).
85 FR 15710 “Required Warnings for Cigarette Packages and Advertisements:
Small Entity Compliance Guide; Guidance for Industry; Availability,” Rule
(Mar. 18, 2020).
85 FR 15188 “Food Additive, Color Additive (Including Labeling), Submission
of Information to a Master File in Support of Petitions; and Electronic
Submission Using Food and Drug Administration Form 3503,” Notice—Comment
Period, Information Collection (Mar. 17, 2020).
Food Safety and
Inspection Service
85 FR 14455 “Notice of Request To Renew of an Approved Information
Collection: In-Home Food Safety Behaviors and Consumer Education: Annual
Observational Study,” Notice—Comment Period (Mar. 12, 2020).
Foreign Agricultural
Service
Housing and Urban
Development Department
85 FR 14967 “30-Day Notice of Proposed Information Collection: Floodplain
Management and Protection of Wetlands,” Notice—Comment Period (Mar. 16,
2020).
National Agricultural
Statistics Service
85 FR 14457 “Notice of Intent To Request Revision and Extension of a
Currently Approved Information Collection [Current Agricultural Industrial
Reports],” Notice (Mar. 12, 2020).
Rural Utilities Service
85 FR 14393 “Rural Broadband Loans, Loan/Grant Combinations, and Loan
Guarantees,” Rule—Comment Period (Mar. 12, 2020).
U.S. House Agriculture
Committee Actions:
H.R.6169 “To require the Secretary of the Interior, the Secretary of
Agriculture, and the Assistant Secretary of the Army for Civil Works to
digitize and make publicly available geographic information system mapping data
relating to public access to Federal land and waters for outdoor recreation,
and for other purposes,” Referred to the Subcommittee on Water Resources and
Environment (Mar. 11, 2020).
H.R.6191 “To establish a regulatory system for sustainable offshore
aquaculture in the United States exclusive economic zone, and for other
purposes,” Referred Committee on Natural Resources, and Committee on
Agriculture (Mar. 11, 2020).
H.R.6197 “To reauthorize the Commodity Futures Trading Commission,” Referred
to House Committee on Agriculture (Mar. 11, 2020).
H.R.6200 “To authorize the Secretary of Agriculture to provide certain
food assistance for eligible children during periods when their schools are
closed due to a public health emergency; and for other purposes,” Referred
to Committee on Agriculture and Committee on Education and Labor (Mar. 11,
2020).
H.R.6217 “To authorize the establishment of HOPE Account Pilot Projects,
HOPE Action Plans Pilot Projects, and competitive grants for pilot projects,” Referred
to Committees on Financial Services, Energy and Commerce, Agriculture,
Education and Labor, Ways and Means, and the Judiciary (Mar. 12,
2020).
H.R.6228 “To allow for transfer of ownership of certain Federal parcels in
Nevada, to allow for disposal of Federal lands in Nevada for economic
development, to make technical corrections to existing law, for conservation,
and for other purposes,” Referred to Committees on Natural Resources,
Veterans' Affairs, and Agriculture (Mar. 12, 2020).
H.R.6249 “To temporarily prohibit the Federal financial regulators from
requiring compliance with the CECL Rule by persons impacted by Coronavirus, and
for other purposes,” Referred to Committee on Financial Services and
Committee on Agriculture (Mar. 12, 2020).
H.Res.882 “Recognizing the importance of the blueberry industry to the
United States of America and supporting the designation of July 2020 as
‘National Blueberry Month,’” Referred to the Subcommittee on Biotechnology,
Horticulture, and Research (Mar. 13, 2020).
H.R.5998 “Gold Star Families Parks Pass Act,” Referred to the
Subcommittee on Conservation and Forestry (Mar. 13, 2020).
U.S. Senate Agriculture,
Nutrition, And Forestry Committee Actions:
S.3460 “A bill to amend the Food and Nutrition Act of 2008 to disqualify
certain convicted felons from eligibility in the supplemental nutrition
assistance program,” Read twice and referred to the Committee on
Agriculture, Nutrition, and Forestry (Mar. 12, 2020).
S.3479 “A bill to amend the Federal Crop Insurance Act to encourage the
planting of cover crops following prevented planting, and for other purposes,” Read
twice and referred to the Committee on Agriculture, Nutrition, and Forestry
(Mar. 12, 2020).
Mar. 11–17, 2020 Top
#AgLaw links:
Labor shortages, SNAP cuts, trade deals: How
could coronavirus affect our food supply chain?, Fern’s AG Insider
H‑2A Visas for Agriculture: The Complex
Process for Farmers to Hire Agricultural Guest Workers, CATO Institute
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