Brook Duer—Staff Attorney
Audry Thompson—Research Assistant
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.
Agricultural Transportation: FMCSA
Extends Trucking Hours of Service Waiver
On April 8, 2020, the U.S.
Department of Transportation’s Federal Motor Carrier Safety Administration
(FMCSA) issued an extension and expansion of its COVID-19
emergency declaration, most notably extending its applicability to May 15,
2020. The declaration was originally issued on March
13, 2020, and previously expanded on March 18, 2020. Of particular importance to agriculture, it provides,
among other things, a waiver of hours of service requirements for the transport
of food, feed, livestock, and “immediate precursor raw materials . . . that are
required to be used for the manufacture” of food.
Food Safety: FDA Shell Egg Labeling Requirements Relaxed
by Guidance Document
On April 3, 2020, the U.S. Food and Drug Administration
(FDA) issued a Guidance for Industry
announcing a temporary enforcement policy, intended to be in effect for the duration
of the COVID-19 public health emergency declared by the U.S. Department of
Health and Human Services (HHS), providing temporary flexibility regarding retail
shell egg labeling. The six-page guidance states that due to increased demand for shell eggs for which
compliant retail packaging is not available, FDA does not plan to object if
eggs are sold in cartons or flats without legally-required labeling provided
certain enumerated point-of-purchase display requirements are met. The guidance is issued pursuant to the March
25, 2020, FDA notice titled “Process
for Making Available Guidance Documents Related to Coronavirus Disease 2019.”
Other such FDA guidance documents are
located on FDA’s website.
Animal Welfare: Kansas Ag
Protection Law Provisions Permanently Enjoined
On April 3, 2020, the U.S.
District Court for the District of Kansas, entered an Order granting
a permanent injunction against enforcement of K.S.A. § 47-1827(b), (c) and (d),
portions of Kansas’ so-called “ag-gag” statute that were previously declared
unconstitutional the court’s prior January 22, 2020, Order which granted summary
judgment against the State of Kansas. Animal Legal Defense
Fund, et al. v. Laura Kelly, et al., No. 18-2657-KHV. For
more information, see Agricultural Law Weekly Review, dated January 30,
2020, titled “Federal Court Strikes
Down Kansas Agricultural Production Law.”
From National Ag Law Authorities
& Sources:
Kristine A. Tidgren, Paycheck
Protection Program Offers Forgivable Loans for Eligible Small Businesses (April
5, 2020).
Penn State Research & News:
Matthew Carroll, Scientists
tap unused energy source to power smart sensor networks (Mar.
31, 2020).
Gail McCormick, Efforts
to control livestock disease should focus on management style, not age (April
6, 2020).
AGENCY PRESS
RELEASES—STATE/FEDERAL
Pennsylvania Department of
Agriculture Press Releases:
Pennsylvania
Waives Spay/Neuter Requirement for Pet Adoptions, Conserves PPE for Human
Healthcare Professionals (April 2, 2020).
Department
of Agriculture Reassures Pennsylvanians: COVID-19 Not Transmissible through
Food, Supply Chain is Secure (April 2, 2020).
U.S. Department of Agriculture
Press Releases:
USDA
Announces Second Application Window for Distance Learning and Telemedicine
Grant Program Funding (April 3, 2020).
STATE
ACTIONS—EXECUTIVE/LEGISLATIVE
Pennsylvania Executive
Agencies—Actions and Notices:
Department of
Agriculture
50 Pa.B. 1933 “Agricultural
Business Development Center Farm Vitality Planning Grant Program; Extension of
Application Deadline,” Notice (April 4, 2020).
Department of Environmental Protection
50 Pa.B. 1960 “Availability
of Food Recovery Infrastructure Grant; Application Deadline Extended,” Notice
(April 4, 2020).
Susquehanna River Basin Commission
50
Pa.B. 1931 “Title 25—Environmental Protection: Review and Approval of
Projects” Rules & Regulations (April 4, 2020).
Pennsylvania Legislature
S.B.
1101 “An Act amending Title 3 (Agriculture) of the Pennsylvania
Consolidated Statutes, providing for pandemic of 2020 guidelines for food
establishments.” Referred to Agriculture and Rural Affairs [Senate]
(April 3, 2020).
H.B.
2372 “An Act providing for insurance coverage for business
interruption.” Referred to Insurance [House] (April 3, 2020).
H.B.
1348 “An Act providing for limited civil liability for agritourism
activity providers, for notice of limited civil liability and for acknowledgment
of limited civil liability.” Removed from table [House] (April 6, 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.” Re-committed to
Appropriations [House] (April 6, 2020).
FEDERAL
ACTIONS—EXECUTIVE/LEGISLATIVE
Federal Executive
Agencies—Actions and Notices:
Agricultural Department
85 FR
18913 “Fiscal Year 2020 Tariff-Rate Quotas Increased for Raw Cane Sugar
and Refined Sugar,” Notice (April 3, 2020).
85 FR
19132 “Submission for OMB Review; Comment Request [Animal and Plant
Health Inspection Service: Interstate Movement of Certain Land Tortoises],” Notice
(April 6, 2020).
85 FR
19422 “Submission for OMB Review; Comment Request [National
Agricultural Statistics Service: Agricultural Resource Management and Chemical
Use Surveys—Substantive Change],” Notice (April 7, 2020).
85 FR
19422 “Notice of Request for Approval of an Information Collection
[Event Appearance Requests for the Secretary or members of his staff],” Notice—Comment
Period (April 7, 2020).
Agricultural Marketing Service
85 FR
19378 “Subpart Nomenclature Change; Technical Amendment [Agricultural
Marketing Act of 1946 and the Egg Products Inspection Act],” Rule (April
7, 2020).
Animal and Plant Health
Inspection Service
85 FR
18471 “National List of Reportable Animal Diseases,” Proposed
Rule—Comment Period (April 2, 2020).
85 FR
19132 “Notice of Request for Revision to and Extension of Approval of
an Information Collection; Importation of Beef and Ovine Meat From Uruguay and
Beef From Argentina and Brazil,” Notice—Comment Period (April 6, 2020).
Environmental Protection Agency
85 FR
18952 “Pesticide Product Registration; Receipt of Applications for New
Uses,” Notice—Comment Period (April 3, 2020).
85 FR
19146 “Pesticide Reregistration Performance Measures and Goals; Annual
Progress Report; Notice of Availability,” Notice—Comment Period (April
6, 2020).
Federal Emergency Management
Agency
85 FR
18581 “Nebraska; Amendment No. 14 to Notice of a Major Disaster
Declaration,” Notice (April 2, 2020).
85 FR
18583 “Missouri; Amendment No. 3 to Notice of a Major Disaster
Declaration,” Notice (April 2, 2020).
85 FR
18583 “Missouri; Amendment No. 6 to Notice of a Major Disaster
Declaration,” Notice (April 2, 2020).
85 FR
18584 “Wisconsin; Amendment No. 2 to Notice of a Major Disaster
Declaration,” Notice (April 2, 2020).
85 FR
18584 “West Virginia; Amendment No. 8 to Notice of a Major Disaster
Declaration,” Notice (April 2, 2020).
85 FR
19009 “Proposed Flood Hazard Determinations [SC, TX, UT, VA],” Notice—Comment
Period (April 3, 2020).
85 FR
19004 “Changes in Flood Hazard Determinations [CO, FL, MA, NC, OK, PA,
RI, TN, TX, UT],” Notice (April 3, 2020).
85 FR
19011 “Changes in Flood Hazard Determinations [CO, CT, FL, NY, NC, OK,
SC, TX, VA],” Notice (April 3, 2020).
Fish and Wildlife Service
85 FR
18532 “Migratory Bird Hunting; Proposed Migratory Bird Hunting
Regulations on Certain Federal Indian Reservations and Ceded Lands for the
2020-21 Season,” Proposed Rule—Comment Period (April 2, 2020).
85 FR
18455 “Migratory Bird Subsistence Harvest in Alaska; Region-Specific
Regulations,” Rule—Comment Period (April 2, 2020).
Food and Drug Administration
85 FR
19114 “Laboratory Accreditation for Analyses of Foods; Extension of
Comment Period,” Proposed Rule—Comment Period (April 6, 2020).
85 FR
19489 “Agency Information Collection Activities; Proposed Collection;
Comment Request; Recordkeeping and Records Access Requirements for Food
Facilities,” Notice—Comment Period (April 7, 2020).
Rural Utilities Service
85 FR
18549 “Announcement of Funding Availability, Loan Application
Procedures, and Deadlines for the Rural Energy Savings Program,” Notice
(April 2, 2020).
Wage and Hour Division
U.S. House Agriculture Committee
Actions:
H.R.6142 “Black
Maternal Health Momnibus Act of 2020.” Referred to the Subcommittee for
Indigenous Peoples of the United States [House] (Mar. 30, 2020).
H.R.6449 “To
provide that during an emergency declared under the National Emergencies Act or
the Robert T. Stafford Disaster Relief and Emergency Assistance Act,
supplemental nutrition assistance program benefits issued under the Food and
Nutrition Act of 2008 may be used to purchase certain durable goods.” Referred
to the House Committee on Agriculture (April 3, 2020).
H.R.6445 “To
modify nutrition programs to address the Coronavirus Disease 2019, and for
other purposes.” Referred to the Subcommittee on Economic Development,
Public Buildings, and Emergency Management (April 6, 2020).
H.R.6459 “To
provide funds to enable counties to make competitive grants to qualified local
units of government to address major community development and public
infrastructure challenges, and for other purposes.” Referred to the House
Committee on Agriculture (April 7, 2020).
H.R.6461 “To
prohibit senior Government officials, including Members of Congress, from
purchasing or selling certain investments, and for other purposes.” Referred
to the Committees on Financial Services, Agriculture, Oversight and
Reform, House Administration, and the Judiciary (April 7, 2020).
U.S. Senate Agriculture,
Nutrition, And Forestry Committee Actions:
No new actions April 2—8, 2020
April 2—8, 2020 Top #AgLaw links:
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