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:
WOTUS:
Proposed WOTUS Rule Published for Public Comment
On February 14, 2019, the Environmental Protection
Agency (EPA) and the Department of the Army published notice in the Federal
Register of a proposed rule defining the scope of waters federally regulated
under the Clean Water Act (84
FR 4154). With the published notice,
members of the public have until April 15, 2019 to submit comments on the
proposed definition. If enacted, the proposal
would replace the controversial definition previously issued by the agencies on
June 29, 2015. For more information on
the proposed rule, see the EPA’s Waters
of the United States (WOTUS) Rulemaking website.
Pennsylvania
Agricultural Policy: Governor Announces “PA Farm Bill”
On February 15, 2019, Pennsylvania Governor Tom Wolf announced
a proposed “PA Farm Bill” designed to provide investment in Pennsylvania’s
agricultural sector. According to
Governor Wolf, “[t]he PA Farm Bill allocates $24 million in additional funding
to chart a real path for a dynamic and prosperous farming economy in
Pennsylvania. It’s about providing more opportunities to our farmers by
creating more jobs, more income, and more hope.” The PA Farm Bill seeks to
accomplish its goals through: (1) developing new resources for agriculture business
development and succession planning; (2) creating more processing capabilities;
(3) removing regulatory burdens and strengthening the state’s agricultural business
climate; (4) increasing opportunities for Pennsylvania’s agricultural workforce;
(5) protecting agricultural infrastructure; and (6) increasing market opportunities
and making Pennsylvania the nation’s leading organic state.
Pesticides:
Lawsuit Claims Roundup Harmed Home Gardeners Gut Bacteria
On February 13, 2019, Bloomberg reported
that a lawsuit has been filed in a Missouri federal court alleging that the healthy
gut bacteria of home gardeners were harmed as a result of the pesticide Roundup. According to the report, the home gardener plaintiffs
assert that they were deceived by labels on Roundup which assured consumers
that the products were not harmful to humans or pets. The plaintiffs allege, however, that “Roundup’s
active ingredient glyphosate attacks an enzyme also found in the beneficial
intestinal bacteria of humans and some animals.” According to Bloomberg, research
has linked an unhealthy microbiome to both obesity and depression.
Rural
Policy: USDA Issues American Broadband Initiative Milestones Report
On February 13, 2019, Secretary of Agriculture Sonny Perdue
and Secretary of Commerce Wilbur Ross released
the American Broadband Initiative Milestones Report February 2019. The report provides a vision for how the federal
government can increase broadband access; especially in rural America. Accordingly, the report’s recommendations
include: appropriating $600 million for an innovative broadband pilot program; targeting
areas of need and providing incentives for state and local policies; leveraging
federal assets such as towers, buildings, and land to lower the cost of
broadband buildouts; and streamlining federal permitting.
Antibiotics: Report Asserts Worldwide Change
in Antibiotic Use in Animals
On February 14, 2019, the
World Organisation for Animal Health (OIE) announced
a report asserting that global antimicrobial use in animals has declined. The report presents OIE’s findings from its third
annual data collection which analyzed results from 2015 to 2017. According to OIE, since the last time data
was collected, the use of antimicrobials for growth promotion declined from 60
to 45 countries. OIE stated that 155
countries participated in the organization’s data collection efforts.
From
National Ag Law Experts:
“The
National Bioengineered GMO Food Disclosure Standard”, Sarah Everhart, Maryland
Risk Management Education Blog (February 12, 2019)
“Optimism”,
John R Block, Ag/FDA Blog – Olsson Frank Weeda Terman Matz PC (February 14,
2019)
“Future
of Tax Extender Legislation Uncertain”, Kristine A. Tidgren, The Ag Docket
– Iowa State University Center for Agricultural Law and Taxation (February 17,
2019)
Pennsylvania
Department of Agriculture:
Pennsylvania
Legislation:
HB
370: Legislation further providing for purchase of
agricultural conservation easements (Reported out of House Agriculture and
Rural Affairs Committee, first consideration by House February 20, 2019)
HB
404: Legislation designating “Tree of Heaven” a noxious
weed (Reported out of House Agriculture and Rural Affairs Committee, first
consideration by House, February 20, 2019)
HB
441: Legislation to allow wind energy on farmland
preservation (Reported out of House Agriculture and Rural Affairs Committee, first
consideration by House, February 20, 2019)
Pennsylvania
Actions and Notices:
Department of Agriculture
Milk Marketing Board
Penn
State Research:
“Penn
State Berks center supports spotted lanternfly research” – Penn State News
AgLaw HotLinks:
“America
has a farm labor shortage. We need a better guest worker program” – Los Angeles
Times
“'Big
data' could help improve livestock resilience” – Feedstuffs
“Food
finally features in the climate debate. Now what?” – World Economic Forum
“Germany:
Voters abuzz over bee referendum” – Morning AgClips
“New
study: Pesticide levels in children and adults drop dramatically after one week
of eating organic” – Friends of the Earth
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