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:
Food Labeling: FDA Encourages 'Best If
Used By' Date Labels
On May 23, 2019, the U.S.
Food and Drug Administration (FDA) issued
a letter encouraging the food industry to reduce food waste through the use
of “Best If Used By” product labels. FDA
stated that food manufacturers voluntarily use several phrases, such as “Best
If Used By,” “Use By,” and “Sell By”, to indicate the date by which a product
should be consumed for optimal quality.
According to FDA, such phrases are only used to note product quality and
not product safety. FDA asserted,
however, that confusion over the different date labels has resulted in
approximately 20% of consumer food waste.
Based on consumer research, FDA is encouraging the standardized use of
the phrase “Best If Used By” to emphasize to consumers that after the marked
date, the product may not be at optimal quality but that it is still safe to consume.
Crop Insurance: USDA Announces Crop
Insurance Benefits for Military Veterans
On May 22, 2019, the U.S.
Department of Agriculture (USDA) announced
new federal crop insurance coverage benefits available to eligible military
veterans with farms or ranches. According
to USDA, to be eligible, a veteran must not have been dishonorably discharged and
must “have actively operated and managed a farm or ranch with an insurable
interest in any crop or livestock for five crop years or less or have been
discharged from active duty during the most recent five crop years.” Created under
the 2018 Farm Bill, the new crop insurance benefits for veterans provide:
- An exemption from administrative fees for catastrophic and additional coverage policies;
- An additional 10% premium subsidy for additional coverage policies with premium subsidies;
- The ability to use another person’s production history for specific acreage transferred to a veteran who previously was involved in the crop production on that acreage; and
- An increase in yield adjustment from 60 to 80% of the applicable transitional yield.
International Trade: USDA Announces
Support for Farmers Affected by Trade Dispute
On May 23, 2019, the U.S.
Department of Agriculture (USDA) announced
several actions to help U.S. farmers negatively affected by the U.S.’s ongoing
trade dispute with China. According to
USDA, U.S. farmers have suffered financially due to Chinese tariffs and market
distortions which have limited U.S. agricultural exports to China. To help those U.S. farmers negatively
affected, USDA announced $16 billion in assistance programs. First, under the Market Facilitation Program,
USDA’s Farm Service Agency will provide $14.5 billion in direct payments to qualifying
producers. Next, under the Food Purchase
and Distribution Program, USDA’s Agricultural Marketing Service will purchase $1.4
billion of surplus commodities affected by trade retaliation. Finally, under the Agricultural Trade
Promotion Program, USDA’s Foreign Agriculture Service will issue $100 million
to assist in developing new export markets.
Antibiotic Use: APHIS Releases Data on Beef
and Swine Antimicrobial Use
On May 23, 2019, the U.S.
Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) announced
the results from research examining the use of antimicrobials at beef feedlots
and large swine operations in 2016. According to the data
collected, 87.5% of the beef feedlots gave cattle antimicrobials in feed,
water, or by injection. Additionally, 95.5%
of the swine operations gave market pigs antimicrobials in feed, water, or by
injection. According to APHIS, the main
reason antimicrobials were used at both feedlots and swine operations was to prevent,
control, or treat disease. APHIS did note
that the results did not account for the U.S. Food and Drug Administration’s January
2017 rule change preventing antimicrobials used for human health from being
utilized to promote growth in food-producing animals.
Checkoff Programs: USDA Announces National
Pork Board Appointments
On May 28, 2019, The U.S.
Department of Agriculture announced
the appointment of five new members to the National Pork Board. The appointed members are: Russell A. Nugent
III, Lowell, Ark.; Gene Noem, Ames, Iowa; Bill Luckey, Columbus, Neb.; Alicia
Pedemonti, Hopkinton, N.H.; and Michael P. Skahill, Williamsburg, Va. The National Pork Board consists of 15 members
appointed for three-year terms by the U.S. Secretary of Agriculture. Board members are responsible for the
collection, distribution and program accountability of the Pork Checkoff. Under the current Pork Checkoff program U.S.
pork producers and importers pay $0.40 per $100 of value when pigs are sold in
the U.S. and when pigs, pork, or pork products are imported into the U.S.
From
National Ag Law Experts:
“USDA
Announces 2019 Market Facilitation Program”,
Kristine A. Tidgren, The Ag Docket – Iowa State University Center for
Agricultural Law and Taxation (May 24, 2019)
“Crop
Insurance Arbitration: Navigating the Landmines”,
Kenneth D. Ackerman, Elliot Belilos, AG/FDA Blog, Olsson Frank Weeda Terman Matz
PC (May 15, 2019)
Federal
Actions and Notices:
Animal and Plant Health Inspection Service
Pennsylvania
Legislation:
SB
665: Legislation requiring that all dogs or cats adopted
from an animal shelter be spayed/neutered by a veterinarian prior to release
from the shelter (Referred to Senate Agriculture and Rural Affairs Committee,
May 24, 2019)
HB
1504: Legislation providing for compensation
and for applications for dog licenses, fees and penalties (Referred to House
Agriculture and Rural Affairs Committee, May 23, 2019)
Pennsylvania
Actions and Notices:
Department of Agriculture
Independent Regulatory Review Commission
“Notice of
filing of final rulemakings” (Department of
Agriculture Milk Sanitation)
State Conservation Commission
Pennsylvania
Department of Agriculture:
Penn
State Research:
AgLaw HotLinks:
“Robots
take the wheel as autonomous farm machines hit the field” – St. Louis Post-Dispatch
“CDC
Warns Backyard Farmers Not To 'Kiss Or Snuggle' Chickens Amid Salmonella
Outbreak” – WWJ News
Radio
“Congress
looks to pause future ag consolidation” – Feedstuffs
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