Agricultural Law Weekly Review—August 31, 2017

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:

Animal Welfare: USDA Seeks Comment on Animal Welfare Licensing Requirements

On August 24, 2017, the USDA Animal and Plant Health Inspection Service (APHIS) published notice in the Federal Register soliciting public comment regarding potential revisions to the licensing requirements under the Animal Welfare Act (82 FR 40077).  According to APHIS, public comment is being sought in order “to help [APHIS] consider ways to reduce regulatory burden and more efficiently ensure the sustained compliance of licensees with the Act.” Accordingly, APHIS “will consider all comments [received] on or before October 23, 2017.”

COOL: Italy to Require Country of Origin Labels on Pasta and Rice

On August 25, 2017, Food Navigator reported that Italy has passed measures requiring that rice and pasta sold in the country must contain a country of origin label (COOL). According to the article, “[t]he COOL requirements echo standards implemented by Italy last year that mean manufacturers have to indicate the origin of raw materials used to produce dairy products, including milk, cheese, butter and yogurt.” Food Navigator stated that “food makers have 180 days to adapt their packaging to the new standards and ‘dispose’ of labels and packaging already produced.”

Food Safety: USDA Seeks Nominations for National Advisory Committee on Microbiological Criteria for Foods

On August 28, 2017, USDA published notice in the Federal Register soliciting nominations to fill 17 vacancies on the National Advisory Committee on Microbiological Criteria for Foods (NACMCF) (82 FR 40744).  According to the notice, previously, on December 7, 2016, USDA had sought nominations for 15 vacancies on NACMCF with a January 6, 2017 closing date.  As a result of USDA’s latest notice, the nomination period is reopened with a scheduled close date of September 27, 2017.  Regarding the increased number of committee vacancies, USDA stated that “[s]ince the original announcement was made two additional members have left the committee.”

Menu Labeling: FDA Announces Menu Labeling Guidance

On August 25, 2017, the FDA announced that the agency will be providing “additional, practical guidance on the menu labeling requirements by the end of this year.” The FDA stated that the “additional guidance will address concerns that were raised about challenges establishments faced in understanding how to meet their obligations under the new regulations.” According to the FDA, “[t]hese new policy steps should allow covered establishments to implement the requirements by next year’s compliance date.”

FSMA: FDA Releases Preventive Controls for Human Food Rule Guidance

On August 30, 2017, “the FDA announced the availability of guidance for food facilities that explains how to establish and implement a heat treatment, such as baking or cooking, to prevent contamination by disease-causing bacteria.” According to the FDA, the guidance is “entitled “Draft Guidance for Industry: Hazard Analysis and Risk-Based Preventive Controls for Human Food,” [and is] designed to help food facilities comply with the preventive controls for human food rule, mandated by the FDA Food Safety Modernization Act.” The FDA stated that the “guidance is intended to help food facilities comply with specific requirements of the rule, such as developing a written food safety plan, establishing preventive controls, and taking corrective actions.”

FSMA: FDA Announces FSMA Third-Party Certification User Fee Rate for FY 2018

On August 29, 2017, the FDA published notice in the Federal Register announcing the Food Safety and Modernization Act (FSMA) third-party certification program user fee rate for fiscal year 2018 (82 FR 41035).  According to the FDA, under FSMA, the program covers the “accreditation of third-party certification bodies conducting food safety audits and issuing food and facility certifications to eligible foreign entities (including registered foreign food facilities) that meet our applicable requirements.” The FDA stated that the announced third-party certification program user fee rate will become “effective on October 1, 2017, and will remain in effect through September 30, 2018.”

FSMA: FDA Releases FSMA Intentional Adulteration Rule Guidance

On August 24, 2017, the FDA announced “the availability of an SECG [Small Entity Compliance Guide] to help small businesses comply with the Final Rule on Mitigation Strategies to Protect Food Against Intentional Adulteration (or Intentional Adulteration Rule), mandated by FSMA [Food Safety Modernization Act].  According to the FDA, “[t]he SECG was prepared in accordance with the Small Business Regulatory Enforcement and Fairness Act…[and] provides nonbinding recommendations on such topics as developing a food defense plan and records management.” The FDA stated that the “compliance date for small businesses under the Intentional Adulteration Rule is July 27, 2020.  According to the FDA, “[v]ery small businesses are exempt from the rule, except for a documentation requirement described in the SECG, which has a compliance date of July 26, 2021.”

Pennsylvania Actions and Notices

Department of Agriculture

• Fiscal year 2015-2016 Annual Plan for awarding grants under the Pennsylvania Agricultural Fair Act
• Fiscal year 2016-2017 Annual Plan for awarding grants under the Pennsylvania Agricultural Fair Act 

AgLaw HotLinks:

• Glyphosate case leaks under scrutiny – Politico
• Feed mills face food safety deadlines – Farm and Dairy
• Farmers face vendor lock-in as agriculture goes digital – Venture Beat
• Bill Would Create New Visa Category – Farm Journal’s MILK
• Hurricane Harvey brings food safety challenges to millions – Food Safety News
• Is ‘Food Waste’ Really Such a Waste? – The Wall Street Journal
• Engineering Honesty: USDA Moves to Disclose “GMOs” – Center for Science in the Public Interest
• NYC Agrees to Wait on Calorie Counts for Convenience Stores – The Wall Street Journal
• More Questions than Answers on Dicamba – Brownfield
• Advocacy group sues USDA over CAFO approval – Feedstuffs
• Group sues USDA over GE labeling – Feedstuffs
• US and Mexico united on dairy trade priorities amid NAFTA renegotiation talks – Dairy Reporter
• Americans OK with GMs for health care, but still wary about food – Purdue University 

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Agricultural Law Weekly Review—August 17, 2017

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:

FSMA: FDA Releases Guidance on Sanitary Transportation of Human and Animal Food Rule

On August 14, 2017, the U.S. Food and Drug Administration (FDA) announced the availability of guidance material entitled: Clarification on Food Establishment Waiver from Requirements of the Sanitary Transportation of Human and Animal Food Rule: Guidance for Industry.  According to FDA, “this guidance provides clarification on the scope of the waiver for food establishments that provide food directly to consumers from the requirements of the Sanitary Transportation of Human and Animal Food Rule (the food establishment waiver).”  FDA stated that the guidance is “in response to questions the Agency has received since publication of the final rule.”

Farmland Preservation: Pennsylvania Announces 33 Newly Preserved Farms

On August 11, 2017, the Pennsylvania Department of Agriculture (PDA) announced that the “Pennsylvania’s Agricultural Land Preservation Board [has] added 2,999 acres on 33 farms in 12 counties to the more than half a million acres and 5,100 Pennsylvania farms permanently preserved for agricultural production.”  According to PDA, the 33 newly persevered farms are located in Berks, Blair, Bucks, Centre, Chester, Lancaster, Lehigh, Northampton, Perry, Snyder, Union and York counties.  PDA stated that since the Pennsylvania Agricultural Conservation Easement Purchase Program “began in 1988, federal, state, county and local governments have invested nearly $1.4 billion to preserve 539,180 acres on 5,169 farms in 59 counties for future agricultural production.”

Livestock Mandatory Reporting/COOL: USDA Strengthens Enforcement Rules for Livestock Mandatory Reporting and COOL Programs

On August 8, 2017, the U.S. Department of Agriculture (USDA) Agricultural Marketing Service (AMS) announced that the agency has “issued a final rule allowing USDA to take action as needed, including levying civil penalties, against violators of the Livestock Mandatory Reporting (LMR) and the Country of Origin Labeling (COOL) regulations.” USDA-AMS stated that “[t]he action extends the current rules of practice under the Agricultural Marketing Act of 1946, as amended, to include LMR and COOL violations.” Accordingly, the new rules “allow up to $10,000 in fines per violation for violating the LMR regulations…[and] fines for a retailer or person engaged in the business of supplying a covered commodity that willfully violates COOL regulations.”

Antimicrobial: FDA Proposes New Method to Determine Antimicrobials in Food Animals

On August 15, 2017, the U.S. Food and Drug Administration (FDA) published notice in the Federal Register of the “availability for public comment of a proposed method for applying a food animal biomass denominator to annual data on antimicrobials sold and distributed for use in food animals in the United States” (82 FR 38695).  According to FDA, “[a]nimal drug sponsors are required to report annually to FDA the amount of antimicrobials sold or distributed for use in food-producing animals and provide species-specific estimates of the percentage of their drug product sales for use in any of the four major food-producing species (cattle, swine, chickens, and turkeys) identified on the approved product label.” FDA is proposing a “method for using a biomass denominator to adjust these sales data.” FDA stated that “[t]he proposed method will provide estimates of annual antimicrobial drug sales adjusted for the size of the animal population (the animal biomass of each such species) potentially being treated with those drugs.”

Dairy: FDA Announces Guidance for Ultrafiltered Milk  

On August 14, 2017, the U.S. Food and Drug Administration (FDA) published notice in the Federal Register of the availability of a guidance for industry entitled: Ultrafiltered Milk in the Production of Standardized Cheeses and Related Cheese Products: Guidance for Industry (82 FR 37815).  According to FDA, “[t]he guidance advises manufacturers who wish to use ultrafiltered milk (UF milk) or ultrafiltered nonfat milk (UF nonfat milk) in the production of standardized cheeses and related cheese products that, pending completion of a rulemaking regarding the use of UF milk in the production of these products, [FDA] intend[s] to exercise enforcement discretion regarding the use of fluid UF milk and fluid UF nonfat milk in the production of standardized cheeses and related cheese products." Additionally, FDA stated that the agency “also intend[s] to exercise enforcement discretion regarding the declaration of ingredients in the labeling of standardized cheeses and related cheese products when fluid UF milk and fluid UF nonfat milk are used as ingredients.”

Animal Welfare: Pennsylvania Captive Deer Herd Tests Positive for Chronic Wasting Disease

On August 11, 2017, the Pennsylvania Department of Agriculture (PDA) “announced that 27 deer from a Bedford County deer farm have tested positive for Chronic Wasting Disease.”  According to PDA, “[t]o prevent further spread of the disease, officials from the U.S. Department of Agriculture Veterinary Services, USDA Wildlife Services and the Pennsylvania Department of Agriculture depopulated, or euthanized, the herd [of 215 deer] on June 20, 2017.” Subsequently, “[t]he National Veterinary Services Laboratory in Ames, Iowa conducted the testing and reported results to the department and USDA on August 7, 2017.”  PDA stated that “[a]ccording to the Centers for Disease Control and Prevention, there is no strong evidence that humans or livestock can contract Chronic Wasting Disease.”

Pennsylvania Legislation

Agriculture and Rural Affairs Committee (Senate)

• Public hearing on Chesapeake Bay Phase III WIP  (August 16, 2017)

Agriculture and Rural Affairs Committee (House)

• Informational meeting on Chesapeake Bay Phase III Watershed Implementation Plan (WIP) and any other business that may come before the committee ( August 16, 2017)

Pennsylvania Actions and Notices

Department of Agriculture

• Addendum to the order of quarantine; spotted lanternfly

AgLaw HotLinks:

• USDA Has Opportunity to Help Craft Farmworker Bill – Brownfield
• Disney Records-show $177 Million Settlement to BPI – Brownfield
• USDA Report Shows Trust in “Local” Grows: So How Does “Big Ag” Connect? – Agri-Pulse
• Schumer Urges Canadian Ambassador to Fix Dairy Trade Dispute – Milk Business
• Clearer food labelling on the cards with new whole grain food definition - Food Navigator  
• Dutch arrests made as fipronil egg scare spreads to 17 markets - Food Navigator
• Rural groups call for representation on Trump’s infrastructure council – Feedstuffs
• What to Expect With the Next Compliance Dates for the FSMA Preventive Controls for Animal Foods Rule – U.S. Food and Drug Administration
• NFU Urges USDA Commitment to Climate Change – Brownfield
• MO Dicamba Complaints Continue After Label Change – AgWeb  
• Foreign Farmworkers in Canada Fear Deportation if They Complain – The New York Times
• Court filings indicate resurgence' in ‘all-natural’ litigation in 2017, but will appropriations bill spur the FDA into action? – Food Navigator  
• Philadelphia’s Soda Tax Bust – The Wall Street Journal 

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Connect with us on Facebook! Every week we will post the CASL Ledger which details all our publications and activities from the week.

Stay informed with our monthly Agricultural Law Brief located here.

For a comprehensive summary of daily judicial, legislative, and regulatory developments in agriculture and food, visit The Ag & Food Law Blog.

Agriculture Law Weekly Review – June 29, 2017

Written by Deanna Smith – Research Assistant

COOL: Cattlemen Sue Over Removal of County of Origin Labeling Requirements

On June 19, 2017, Ranchers-Cattlemen Action Legal Fund, United Stockgrowers of America, and Cattle Producers of Washington filed a complaint in the U.S District Court for the Eastern District of Washington against USDA. The lawsuit alleges that USDA’s revocation of the Country of Origin Labeling requirement upon imported meat is a violation of the statutory text in the Meat Inspection Act which mandates that all imported meat intended for human consumption be “labeled as required by such regulations for imported articles.” 21 U.S.C. § 620(a). This refers back to the Tariff Act of 1930, which states “every article of foreign origin … shall be marked … in such manner as to indicate to an ultimate purchaser in the United States … the country of origin of the article” 19 U.S.C. § 1304(a). For more information regarding the lawsuit, please see this article in Food Safety News, and for those who have access to PACER, you can view the complaint here.

Local Food: Maine Governor Paul LePage Signs Food Sovereignty Law

On June 16, 2017, Maine Governor Paul LePage signed LB 725, which allows municipalities to regulate local food systems and the “transport of water for commercial purposes beyond … the municipality” through local ordinances. The bill enables Maine municipalities to regulate their own food systems without state licensing and inspection requirements for food grown, sold, and consumed locally. Local municipalities still must adhere to state and federal regulations and the bill does not apply to food grown for distribution outside the municipality. For additional insight into Maine’s new food sovereignty law, see this article in Food Safety News.

Beef Grading: USDA Proposes Additional Standards of Grading for Beef Quality

On June 19, 2017, USDA’s Agricultural Marketing Service (AMS) published proposed amendments to the United States Standards for Grades of Carcass Beef. The new standards would require “dentition and documentation of actual age” in order to better classify maturity of carcasses during quality grading. Skeletal and muscular evidence are the only evidence currently used to determine meat palatability which in turn helps dictates the value of beef. This new requirement would enable USDA to look at more aspects of cattle and beef during official quality grading. For further reading on the proposed standard, see this article in Delta Farm Press.

National Ag Policy: The American Heart Association Issues “Presidential Advisory” on Dietary Fats and Cardiovascular Disease

In their June 20, 2017, edition of Circulation, the American Heart Association (AHA) issued a presidential advisory reviewing the scientific evidence on the effects of dietary saturated fat intake on cardiovascular disease (CVD). The advisory included the results of recent studies conducted on the effects dietary saturated fats have on CVD compared to the effects that potential substitutes have on CVD. Overall, AHA recommends lowering the intake of saturated fats by replacing them with unsaturated fats, especially polyunsaturated fats, in order to lower the prevalence of CVD. For more information regarding AHA’s presidential advisory, see this article in Food Safety News.

Antibiotic Use: Sanderson Farms Sued for Natural Label Claim

Organic Consumers Association, Friends of the Earth, and Center for the Food Safety filed a complaint June 22, 2017, against Sanderson Farms, Inc., alleging that the company falsely and misleadingly advertised its chicken products as “100% Natural.” The complaint claims that “residues of antibiotics important for human medicine, residues of veterinary antibiotics, and other pharmaceuticals, as well as residues of hormones, steroids, and pesticides” were found in inspections of Sanderson Farms’ chicken. Sanderson Farms reportedly supplies chicken to companies such as Walmart, Weis, Dairy Queen, and Chili’s. For additional information, including a statement from Sanderson Farms Chief Financial Officer Mike Cockrell, see this article in Meatingplace.

GMOs: Kansas Farmers Awarded Over $217 Million in Syngenta Class Action Suit

On June 23, 2017, a federal jury found in favor of Kansas corn farmers awarding over $217,700,000 to 7,000 farmers. The class action lawsuit was filed in January of 2016 against Syngenta for introducing new genetic traits into the U.S. corn market before the GMO varieties had been approved by all major export markets. The complaint alleged that these traits, commercially advertised as Viptera and Duracade, were then found in imports to China before being approved. This resulted in the inability of U.S. corn farmers to export corn into China. Feedstuffs reported that this class action lawsuit was one of eight brought by corn farmers throughout the U.S. and the first one to go to trial. At the conclusion of the trial, a Syngenta spokesperson announced, “[t]he case is without merit, and we will move forward with an appeal and continue to defend the rights of American farmers to access safe and effective, U.S-approved technologies.”

International: European Court of Justices Upholds Dairy Labeling Standards

On June 14, 2017, the European Court of Justice ruled that plant-based dairy alternatives cannot be labeled with terms such as “milk,” “cream,” “butter”, “cheese,” or “yogurt.” This ruling comes in response to Verband Sozialer Wettbewerb (VSW) filing a lawsuit against TofuTown, a German vegetarian and vegan food producer with products such as “Soyatoo Tofu butter,” and “Plant cheese.” The lawsuit alleged that the use of such terms violated Article 78 of Regulation No 1308/2013 of the European Union titled “Definitions, designations and sales descriptions for certain sectors and products.” This decision has been lauded by the National Milk Producers Federation as can be seen in their June 23 press release. For more information about this court decision, please see the following article in Just-Food.

WOTUS: EPA and Army Corps of Engineers Propose Rescission of Clean Water Rule

In a press release issued on Tuesday, June 27, 2017, the U.S. Army and EPA announced a proposal to withdraw the Clean Water Rule and to “re-codify the regulatory text that existed prior to 2015 defining ‘waters of the United States.’” The proposed rule would codify the identical regulatory text that was in place prior to the 2015 Clean Water Rule, effectively negating the U.S. Court of Appeals for the Sixth Circuit’s decision to stay the 2015 rule. Following this action, the agencies intend to conduct an extensive re-evaluation of the definition of waters of the U.S. in accordance with President Trump’s Presidential Executive Order on “Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the ‘Waters of the United States’ Rule.” For more information, please see the pre-publication version of the proposed rule.

Pennsylvania Legislation

Agriculture and Rural Affairs (Senate)

•      HB944: An Act amending the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, in terms and courses of study, further providing for agricultural education and providing for Commission for Agricultural Education Excellence. (Referred to AGRICULTURE AND RURAL AFFAIRS, June 23, 2017)
•      HB1494: An Act amending the act of June 28, 1995 (P.L.89, No.18), known as the Conservation and Natural Resources Act, in Department of Conservation and Natural Resources, further providing for contracts and agreements.( Referred to AGRICULTURE AND RURAL AFFAIRS, June 23, 2017)

Environmental Resources and Energy (House)

•      HB1341: An Act amending the act of July 7, 2008 (P.L.654, No.55), known as the Bituminous Coal Mine Safety Act, in emergency medical personnel, further providing for definitions, for emergency medical personnel, for regulations, for continuing training, for certification and for liability. (Final passage, June 26, 2017)
•      HB1333: An Act amending the act of May 31, 1945 (P.L.1198, No.418), known as the Surface Mining Conservation and Reclamation Act, further providing for mining permit, reclamation plan and bond. (Final passage, June 26, 2017)
•      SB639: An Act amending the act of March 1, 1988 (P.L.82, No.16), known as the Pennsylvania Infrastructure Investment Authority Act, further providing for definitions; and providing for additional use of funds for financial assistance. (Referred to ENVIRONMENTAL RESOURCES AND ENERGY, June 27, 2017)
•      HB1624: An Act amending the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, providing for education reinvestment severance tax, for minimum royalty for unconventional oil or gas well products and for remedy for failure to pay the minimum royalty on unconventional oil or gas wells; and making a related repeal. (Referred to ENVIRONMENTAL RESOURCES AND ENERGY, June 26, 2017)

HotLinks:

•           "Pa. Senate hearing on soda tax drowned out by protest" – Phillydotcom
•           "Don't Drink The COOL-Aid" – AgWeb
•           "Disparagement trial begins week 4; ABC News stands ground" – Food Safety News
•           "SYNGENTA TO PAY $217+ MILLION TO FARMERS IN VIPTERA CASE" – Brownfield Ag News
•           "USDA Authorizes Emergency Grazing in Drought-Stricken Montana, North Dakota and South Dakota" – USDA
•           "Take Feta. Add Frites. Stir in European Food Rules. Fight." – New York Times
•           "Sugar tax study: ...'fascinating experiment in public health policy'" – Food Navigator
•           "Europol: False organic certification continues to be major problem" – Food Navigator
•           "U.S., Canada and Mexican ag ministers commit to keeping markets open" – Food Chemical News
•           "Trump Pledges Rural Broadband Support in Infrastructure Package" – AgWeb
•           "USDA Halting Import of Fresh Brazilian Beef" – USDA
•           "Urban Farming Won't Save Us From Climate Change" – Bloomberg

Follow us on Twitter at Ag & Shale Law (@AgShaleLaw) to receive AgLaw HotLinks

Connect with us on Facebook! Every week we will post the CASL Ledger which details all our publications and activities from the week.

Stay informed with our monthly Agricultural Law Brief located here.

For a comprehensive summary of daily judicial, legislative, and regulatory developments in agriculture and food, visit The Ag & Food Law Blog.

Agricultural Law Weekly Review—April 27, 2017

Written by M. Sean High – Staff Attorney and Jacqueline Schweichler - Education Programs Coordinator

The following information is an update of recent local, state, national, and international legal developments relevant to agriculture:

ACRE: PA Attorney General Launches New Online Resource

On April 21, 2017, a new Agriculture, Communities and Rural Environment (ACRE) Act 38 resource page debuted on the Pennsylvania Office of Attorney General’s (OAG) website.  Enacted in 2005, the main purpose of ACRE is to protect Pennsylvania’s “normal agricultural operators from unauthorized local regulation.” Accordingly, under ACRE, OAG is empowered to: (1) review local ordinances to determine conflicts with State law; and (2) to bring legal action against local government units for unauthorized local regulations that prohibit or limit normal agricultural operations.  OAG’s new resource page: (1) provides a link to a brochure describing ACRE; (2) lists resources pertaining to 2017 requests for OAG ordinance review; and (3) provides information detailing how agricultural operators can submit written requests for OAG ordinance reviews.  For more information on ACRE, please visit the Center’s ACRE/Pennsylvania Act 38 library guide.

PA Apple Growers Approve New Apple Program
On April 26, 2017, the Pennsylvania Department of Agriculture released a statement announcing the  approval of the new Pennsylvania Apple Program. The new program replaces the Pennsylvania Apple Marketing Program (PAMP) which will expire next month. Pennsylvania apple growers will be assessed "five cents ($.05) per harvested bushel of apples sold for fresh market use and one cent ($.01) per harvested bushel of apples sold or accepted for processing." The funds will be used for membership obligations, research, consumer education, and administrative activities. 

Senate Confirmation: Sonny Perdue Confirmed as New Secretary of Agriculture

On April 24, 2017, by a vote of 87-11, the U.S. Senate confirmed Sonny Perdue to be the new U.S. Secretary of Agriculture.  Following the confirmation, Senate Committee on Agriculture, Nutrition, and Forestry Chairman Pat Robert (R-Kan.) issued the following statement regarding the former Georgia Governor:

“I’m pleased that the U.S. Senate was able to work in a bipartisan fashion to confirm Governor Perdue,” Roberts said. “I have faith that Governor Perdue will put the needs of farmers and ranchers first, and I know that rural America is thankful to have such a qualified Agriculture Secretary on their side.”

White House Releases Executive Order on Agriculture 
On April 25, 2017, the White House released the Presidential Executive Order on Promoting Agriculture and Rural Prosperity in America. The executive order creates the Interagency Task Force on Agriculture and Rural Prosperity.  The purpose of the task force is to "identify legislative, regulatory, and policy changes to promote in rural America agriculture, economic development, job growth, infrastructure improvements, technological innovation, energy security, and quality of life..." The order requires the members of the Task Force to submit a report to the president within 180 days recommending legislative and policy changes.

Dairy: USDA Requests Comment on Proposed California Federal Milk Marketing Order

On April 21, 2017, the United States Department of Agriculture (USDA) Agricultural Marketing Service (AMS) published notice in the Federal Register of a request for public comment regarding the Proposed California Federal Milk Marketing Order; producer ballots (82 FR 18721).  According to USDA AMS, the “document invites comments on the proposed ballots to be used in conducting a referendum to determine whether the issuance of a Federal Milk Marketing Order (FMMO) regulating the handling of milk in California is favored by producers and cooperative associations.” Comments must be received by June 20, 2017.

COOL: Italy Requires Country of Origin Labeling on Dairy Products

On April 23, 2017, the European Supermarket Magazine (ESM) reported that Italy has made mandatory the labeling of products containing milk and milk derivatives.  According to ESM, “[i]f the milk has been produced, packaged and processed in Italy, the label will state: ‘Origin of Milk: Italy.’" ESM stated that “[i]f the packaging and processing phases taking place in several countries, other than Italy, the label will say: ‘Milk from EU Countries’, ‘Milk Conditioned or Processed in EU Countries’ or ‘Milk Conditioned or Processed in Non-EU Countries’”.

Census Data: USDA to Hold Meeting on Publication of Farm Operator Demographics

On April 20, 2017, The U.S. Department of Agriculture’s National Agricultural Statistics Service (NASS) announced the scheduling of an expert panel meeting “to consider questions surrounding publication of farm operator demographic data obtained through the 2017 Census of Agriculture.” Planned for May 16-17, 2017, the panel meeting will discuss “questions about NASS’s publication of 2017 Census of Agriculture farm operator demographic data including:

• What demographic data will NASS publish on persons involved in making decisions for the farm or ranch operation?
• What new tables and data presentations are needed to publish data from the 2017 Census of Agriculture decision-making questions?
• How does NASS address publications in light of the specific change from single principal operator in previous censuses of agriculture to multiple persons responsible for decisions in the 2017 Census of Agriculture?”

Pennsylvania Legislation:

• Senate Agriculture and Rural Affairs: SB 632 (Grain Dealer Bonding Act)
• Senate Environmental Resources and Energy: SB 645 (Increased Penalties - Solid Waste Violations)
• House Environmental Resources and Energy: HB 1256 (Moving DEP Farm Permitting to SCC)

Pennsylvania Actions and Notices:

• Department of Environmental Protection: Applications, actions and special notices
• State Conservation Commission: Action on odor management plans for concentrated animal operations and concentrated animal feeding operations and volunteers complying with the Commonwealth's Facility Odor Management Program

AgLaw HotLinks:

• "Pear Industry Votes to Continue Marketing Order" - USDA
• "Last Stand: Nebraska Farmers Could Derail Keystone XL Pipeline" - DairyHerd
• "Raw milk advocates push to expand legalized sales" -SFGate
• "Nebraska Lawmaker Gathers Input on Next Farm Bill" - Brownfield
• Shanghai, China plans to construct vertical farm designed to feed millions - AgFunder
• Genetically modified mushroom and other biotechnologies remain unregulated  - Slate
• "Alaska's Industrial Hemp Bill Passes Senate" - Stock News Union
• "As bird flu strengthens in China, Midwest farmers prepare for the next outbreak" - KCUR
• "USDA to work on GMO labeling bill schedule" - TheFencePost

Follow us on Twitter at PSU Ag & Shale Law (@AgShaleLaw) to receive AgLaw HotLinks

Connect with us on Facebook! Every week we will post the CASL Ledger which details all our publications and activities from the week.

Stay informed with our monthly Agricultural Law Brief located here.

For a comprehensive summary of daily judicial, legislative, and regulatory developments in agriculture and food, visit The Ag & Food Law Blog.

Agricultural Law Weekly Review—March 9, 2017

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:

HPAI: USDA Confirms Avian Influenza in Tennessee Chicken Flock

On March 5, 2017, the United States Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) announced that the agency had “confirmed the presence of highly pathogenic H7 avian influenza (HPAI) of North American wild bird lineage in a commercial chicken breeder flock in Lincoln County, Tennessee.” USDA stated that the infected flock, which consisted of 73,500 birds, “is the first confirmed case of HPAI in commercial poultry in the United States this year.” According to USDA, the virus “is NOT the same as the China H7N9 virus that has impacted poultry and infected humans in Asia.”

WOTUS: Agencies Announce Intention to Review Clean Water Rule

On March 6, 2017, the U.S. Environmental Protection Agency (EPA) and the Department of the Army (Army) published notice in the Federal Register “announc[ing] its intention to review and rescind or revise the Clean Water Rule” (82 FR 12532).  The notice was published in response to the February 28, 2017, Presidential Executive Order directing the agencies “to review and rescind or revise the 2015 Rule.” Accordingly, “EPA and the Army announce[d] their intention to review that rule, and provide advanced notice of a forthcoming proposed rulemaking consistent with the Executive Order…[and] [i]n doing so…will consider interpreting the term “navigable waters,” as defined in the CWA in a manner consistent with the opinion of Justice Scalia in Rapanos.

REAP: PDA Announces Availability of Tax Credits to PA Farmers for Conservation and Nutrient Plans to Improve Soil, Water Quality

On March 3, 2017, the Pennsylvania Department of Agriculture (PDA) announced the availability “of a tax credit program that can help [farmers] develop plans and install measures that reduce nutrient and sediment runoff.” According to PDA, “[f]armers can use Resource Enhancement and Protection (REAP) program tax credits to help offset the cost of writing conservation plans and nutrient management plans, purchasing conservation equipment, and implementing best management practices (BMPs) for their operations.” Information regarding REAP, which is administered by the Pennsylvania State Conservation Commission, is available on PDA’s website or through contacting Joel Semke at 717.705.4032 or jsemke@pa.gov.

COOL: Australia Passes Country of Origin Labeling Law

On March 7, 2017, the Crookwell Gazette stated that “the Australian Government has passed the final tranche of Country of Origin Labeling laws through parliament.”  Included in the laws is a requirement that labels “show a kangaroo in a triangle to state the food is manufactured, produced, packaged or grown in Australia; and a bar chart indicating the proportion of Australian ingredients.” Businesses will be given a two year period to implement the new laws.

Litigation: Court Dismisses Food Safety Lawsuit against Chipotle

On March 8, 2017, Reuters reported that Chipotle Mexican Grill Inc. “won the dismissal of a lawsuit claiming it defrauded shareholders about its ability to protect customers from at least seven norovirus, E.coli and salmonella outbreaks that erupted in 2015.” According to Reuters, the U.S. District Court in Manhattan held that “shareholders failed to show that Chipotle improperly concealed the seriousness of food-borne illness outbreaks, the status of a federal probe into an E.coli outbreak, and how its alleged inability to monitor food safety raised the risk of outbreaks.” Shareholders had filed the lawsuit following Chipotle's share price declining “47 percent in just over five months from its August 2015 peak above $758.”

Invasive Species: Pennsylvania Expands Spotted Lanternfly Quarantine

On March 6, 2017, the Pennsylvania Department of Agriculture (PDA) announced that Coopersburg Borough and Salisbury Township have been added to the state’s Spotted Lanternfly quarantine.  “The quarantine, which affects parts of six Pennsylvania counties, restricts movement of any material or object that can spread the pest.”  According to PDA, the Spotted Lanternfly is native to China, India, Japan, and Vietnam and “had not been found in the United States prior to its initial detection in Berks County [Pennsylvania] in the fall of 2014.”

AgLaw HotLinks:

• Cotton consumption in 2017 projected to grow by 1%, production is low, and industry faces competition from synthetic fibers -USDA
• Call to improve Conservation Reserve Program at Farm Bill hearing - Brownfield
• Three genetically modified potatoes have been declared safe by EPA - FoodChemicalNews
• Both sides in Peanut Corporation of America criminal trial ask for oral arguments - FoodSafetyNews
• Fewer field workers means farmers are looking to use robots and other advanced technologies to harvest crops - Forbes
• Reports suggest new administration intends to reduce fed funding for Chesapeake Bay cleanup from $73 million to $5 million - Daily Press
• USDA reports on cheese production & output for Jan ‘17. Total output is up 3.7% from last year - USDA
• Reports indicate U.S. will rely on U.S. trade laws and not on WTO - Brownfield
• Today in the United States, about 57% of domestically produced sugar comes from sugar beets - BiotechNow
• First U.S. case of HPAI confirmed in Tennessee; caution advised for poultry operations - SouthStrandNews
• Court of Appeals rules there is insufficient evidence cage-free eggs are safer - Brownfield

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