Written by:
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: United States and China Reach
“Phase One” Trade Agreement
On December 13, 2019, the White House
announced
a “Phase One trade deal” with China that requires “changes to China’s economic
and trade regime,” including agricultural trade, and “a commitment by
China to make substantial additional purchases of U.S. goods in the coming
years.” However, no specific details have yet been provided in writing by
either the White House or the Office of the United States Trade Representative
(USTR). The text of a
Fact
Sheet on the USTR website dated December 13, 2019, titled
“Agreement
Between the United States of America and The People’s Republic of China," remains the sole written documentation from the United States government’s
Executive Branch outlining the agreement terms. Regarding agricultural trade, it states: “The
Agriculture Chapter addresses structural barriers to trade and will support a
dramatic expansion of U.S. food, agriculture and seafood product exports,
increasing American farm and fishery income, generating more rural economic
activity, and promoting job growth. A multitude of non-tariff barriers to U.S.
agriculture and seafood products are addressed, including for meat, poultry,
seafood, rice, dairy, infant formula, horticultural products, animal feed and
feed additives, pet food, and products of agriculture biotechnology.” The
Fact Sheet goes on to state: “The Expanding Trade chapter includes commitments
from China to import various U.S. goods and services over the next two years in
a total amount that exceeds China’s annual level of imports for those goods and
services in 2017 by no less than $200 billion. China’s commitments cover a
variety of U.S. manufactured goods, food, agricultural and seafood products,
energy products, and services. China’s increased imports of U.S. goods and
services are expected to continue on this same trajectory for several years
after 2021 and should contribute significantly to the rebalancing of the
U.S.-China trade relationship.”
Pesticides: NY Governor Directs Ban on Chlorpyrifos by
Agency Action
On December 10, 2019, New York Governor Andew Cuomo vetoed
New York State Senate Bill
Senate Bill 5343,
a bill to phase out the use of the pesticide chlorpyrifos in the State of New
York by December 1, 2021, and directed the New York Department of Environmental
Conservation (DEC) in the veto memorandum to immediately prohibit chlorpyrifos
use by aerial spraying.
Veto
Memorandum #193 also adds language in which the
Governor’s
Office requires DEC to take further regulatory action to ban chlorpyrifos
use for all purposes by December 2020, except apple tree trunk spraying, which
will be banned by July 2021. The end result is that the timetable for
discontinuing chlorpyrifos use legally in New York is accelerated by at least
one year for most uses and by six months for all uses.
Food Labeling: Arkansas Federal Court Blocks State’s Meat
Labeling Law
On December 11, 2019, Judge Kristine G. Baker of the United
States District Court for the Eastern District of Arkansas, Central Division,
granted a
preliminary
injunction preventing the State of Arkansas from enforcing portions of a
2019
law titled
“Truth
in Labeling of Agricultural Products that are Edible by Humans.” This
legislation, also known as Act 501, declares it to be misbranding to label an agricultural
product as “meat or a meat product when the agricultural product is not derived
from harvested livestock, poultry or cervids.” The injunction was entered in a lawsuit brought by Turtle
Island Foods SPC d/b/a Tofurky Company challenging Arkansas’ law as a violation
of the U.S. Constitution’s First Amendment and Commerce Clause.
Case No.
4:19-cv-00514-KGB. The court agreed that an injunction was warranted
while the litigation was pending and it remains in place until further court
order.
Industrial Hemp: USDA Extends Comment Period on Hemp
Production Rule
On December 17, 2019, USDA
announced
that it extended the public comment period for its Interim Final Rule on Domestic
Hemp Production an additional thirty (30) days from December 29, 2019 to
January 29, 2020, to allow stakeholders additional time to provide
feedback. For more on the Interim Final Rule, see the
Agricultural
Law Weekly Review of October 31, 2019.
Conservation Programs: NRCS Solicits Public Comment
on Interim Rule For EQIP
On December 17, 2019, USDA’s Natural Resources Conservation
Service (NRCS) published a new
Interim
Rule for the working lands Environmental Quality Incentives Program (EQIP)
in order to conform the enabling regulations for the program to statutory
amendments made in the 2018 Farm Bill. The Interim Rule is effective
immediately but a public comment period is open until February 17, 2020.
From National Ag Law Experts:
Brigit Rollins,
Water
Wars Continued: Courts Dispute Role of Groundwater Under CWA (December
12, 2019).
Sharon Anglin Treat,
Maine’s
Plan to Address “Forever Chemicals” Polluting Farms, Water and Food
(December 11, 2019).
Penn State Research:
Matt Carroll,
Fiber-Optic
Cables Capture Thunderquake Rumbles (December 11, 2019).
Gail McCormick,
Agricultural
Parasite Avoids Evolutionary Arms Race, Shuts Down Genes of Host (December
17, 2019).
Pennsylvania Department of Agriculture:
Pennsylvania
Adds 29 Farms, 2,450 Acres to Nation-Leading Farmland Preservation Program
(December 12, 2019).
Ag
Department Calls for Grant Proposals to Strengthen Market for PA Vegetable,
Fruit, Nut, Nursery Specialty Crops (December 16, 2019).
Pennsylvania Executive Agencies—Actions and
Notices:
Department of Environmental Protection
49
Pa.B. 7363 “Agricultural Advisory Board Meeting Rescheduled [Monday,
January 27, 2020]”
Notice (December 14, 2019).
49
Pa.B. 7364 “Opening of New Grant Round for Recycling Program Development
and Implementation Grants under Section 902 of Act 101, Municipal Waste
Planning, Recycling and Waste Reduction Act of 1988”
Notice (December
14, 2019).
49
Pa.B. 7368 “Recycling Grant Awards under the Municipal Waste Planning,
Recycling and Waste Reduction Act of 1988, Act 101”
Notice (December 14,
2019).
Department of Labor and Industry
49
Pa.B. 7374 “Maximum Pennsylvania Workers' Compensation Payable”
Notice (December
14, 2019).
Fish and Boat Commission
49
Pa.B. 7298 “Fishing in Lake Erie and Boundary Lakes”
Proposed Rule
(December 14, 2019).
49
Pa.B. 7296 “Fishing; Special Fishing Regulations”
Rules and Regulations
(December 14, 2019).
49
Pa.B. 7297 “Fishing; Special Fishing Regulations”
Rules and Regulations
(December 14, 2019).
Pennsylvania Legislature
H.B.
1223 “An Act providing for the creation of keystone opportunity dairy zones
to facilitate the economic development of Pennsylvania's dairy industry . . .
.”
Re-committed to Appropriations (December 16, 2019).
H.B.
1224 “An Act amending the act of April 28, 1937 (P.L.417, No.105), known as
the Milk Marketing Law, in purpose, short title and definitions, further
providing for definitions and construction; in general powers of the board,
providing for coordination with Department of Revenue; and, in prices of milk,
further providing for cooperatives.”
Re-committed to Appropriations
(December 16, 2019).
H.B.
2131 “An Act amending the act of June 30, 1981 (P.L.128, No.43), known as
the Agricultural Area Security Law, further providing for purchase of
agricultural conservation easements.”
Referred to Agriculture and Rural
Affairs [House] (December 16, 2019).
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] (December 16,
2019).
H.B.
2040 “An Act providing for the PA Second Chance Jobs website and for powers
and duties of the Department of Labor and Industry.”
Removed from table
[House] (December 16, 2019).
S.B.
166 “An Act providing for the capital budget for the fiscal year 2019-2020
and for limitation on redevelopment assistance capital projects; and making a
related repeal.”
Re-committed to Appropriations (December 16,
2019).
S.B.
742 “An Act providing for vehicle emissions modeling by Department of
Transportation and for report to General Assembly.”
Laid on table [House] (December
16, 2019).
S.B.
905 “An Act providing for the capital budget for fiscal year
2019-2020; itemizing public improvement projects, furniture and equipment
projects, transportation assistance, redevelopment assistance projects, flood
control projects, Pennsylvania Fish and Boat Commission projects and
Manufacturing Fund projects . . . .”
Re-reported as amended (December
16, 2019).
H.B.
2124 “An Act providing for foreclosed property maintenance; and imposing
penalties.”
Referred to Urban Affairs (December 16, 2019).
H.B.
2128 “An Act amending the act of May 1, 1984 (P.L.206, No.43), known as the
Pennsylvania Safe Drinking Water Act, further providing for powers and duties
of Environmental Quality Board.”
Referred to Environmental Resources and
Energy [House] (December 16, 2019).
H.B.
1106 “An Act amending the act of April 9, 1929 (P.L.177, No.175), known as
The Administrative Code of 1929, providing for environmental permits and plan
approvals; making related repeals; and abrogating regulations.”
Removed from
table (December 16, 2019).
Federal Executive Agencies—Actions and Notices:
Agriculture Department
84
FR 68875 “Meeting Notice of the National Agricultural Research, Extension,
Education, and Economics Advisory Board”
Notice (December 17,
2019).
Agricultural Marketing Service
84
FR 68816 “National Bioengineered Food Disclosure Standard; Validation of
Refining Processes”
Proposed Rule—Comment Period (December 17,
2019).
Commodity Credit Corporation
84
FR 69272 “Environmental Quality Incentives Program”
Rule (December
17, 2019).
Employment and Training Administration
84
FR 67681 “Trade Adjustment Assistance for Workers”
Proposed Rule
(December 11, 2019).
Environmental Protection Agency
84
FR 67740 “Pesticide Product Registration; Receipt of Applications for New
Uses”
Notice—Comment Period (December 11, 2019).
84
FR 68444 “Clean Water Act: Maryland-Chester River Vessel Sewage
No-Discharge Zone-Final Affirmative Determination”
Notice—Comment Period
(December 16, 2019).
Federal Emergency Management Agency
84
FR 68182 “Final Flood Hazard Determinations”
Notice (December 13,
2019).
84
FR 68184 “Changes in Flood Hazard Determinations”
Notice (December
13, 2019).
84
FR 68186 “Proposed Flood Hazard Determinations for Winneshiek County, Iowa
and Incorporated Areas”
Notice (December 13, 2019).
Food and Safety and Inspection Service
84
FR 68101 “Notice of Request for a New Information Collection: Small Meat
Processor Study”
Notice—Comment Period (December 13, 2019).
84
FR 67911 “Notice of Request for a New Information Collection: Focus Group
Research to Inform Consumer Food Safety Education and Outreach”
Notice—Comment
Period (December 12, 2019).
Occupational Safety and Health Administration
84
FR 68794 “Walking-Working Surfaces, Personal Protective Equipment (Fall
Protection Systems), and Special Industries (Electric Power Generation,
Transmission, and Distribution); Corrections”
Rule (December 17,
2019).
Reclamation Bureau
84
FR 68943 “Change in Discount Rate for Water Resources Planning”
Notice
(December 17, 2019).
84
FR 68941 “Quarterly Status Report of Water Service, Repayment, and Other
Water-Related Contract Actions”
Notice (December 17, 2019).
Rural Business-Cooperative Service
84
FR 67703 “Inviting Applications for Value-Added Producer Grants and
Solicitation of Grant Reviewers”
Notice (December 11, 2019).
Rural Utilities Services
84
FR 67913 “ReConnect Pilot Program”
Notice—Comment Period (December
12, 2019).
Surface Transportation Board
84
FR 67991 “60-Day Notice of Intent To Seek Extension of Approval: Information
Collection Activities-Recordations (Rail and Water Carrier Liens), Water
Carrier Tariffs, and Agricultural Contract Summaries”
Notice—Comment Period
(December 12, 2019).
Susquehanna River Basin Commission
84
FR 68285 “Grandfathering (GF) Registration Notice”
Notice (December
13, 2019).
84
FR 68284 “Actions Taken at December 5, 2019, Meeting”
Notice
(December 13, 2019).
84
FR 68283 “Projects Approved for Consumptive Uses of Water”
Notice (December
13, 2019).
84
FR 68286 “Projects Approved for Consumptive Uses of Water”
Notice (December
13, 2019).
Trade Representative, Office of the United States
84
FR 68286 “Determination Not To Reinstate Action in Connection With the
European Union's Measures Concerning Meat and Meat Products”
Notice (December
13, 2019).
Wage and Hour Division
84
FR 68736 “Regular Rate Under the Fair Labor Standards Act”
Rule (December
16, 2019)
U.S. House Agriculture Committee Actions:
H.R.5436
“To amend the Agriculture Improvement Act of 2018, with respect to enforcement
of animal fighting ventures prohibition in the territories, and for other
purposes.”
Referred to House Committee on Agriculture (December 16,
2019).
H.R.5435
“To require the Secretary of the Interior and the Chief of the United States
Forest Service to meet certain targets for the reduction of the emission of
greenhouse gases, and for other purposes.”
Referred to Committee on Natural
Resources, Agriculture, and Education and Labor (December 16, 2019).
H.R.5430
“United States-Mexico-Canada Agreement Implementation Act.”
Ms. McCollum
asked unanimous consent that it be in order at any time without intervention of
any point of order to consider in the House, the bill, H.R. 5430, that the bill
be considered as read, that the bill be debatable for two hours equally divided
and controlled by the Majority Leader and the Minority Leader or their
respective designees, and that, pursuant to section 151 of the Trade Act of
1974, the previous question be considered as ordered on the bill to final
passage without intervening motion. Agreed to without objection. (December
17, 2019).
H.R.5416
“To establish a National Climate Bank.”
Referred to the Subcommittee on
Railroads, Pipelines, and Hazardous Materials (December 13, 2019).
H.R.5235
“To amend the Food and Nutrition Act of 2008 to require States to include a
photograph on electronic benefit cards issued to provide supplemental nutrition
assistance program benefits.”
Referred to the Subcommittee on Nutrition,
Oversight, and Department Operations (December 13, 2019).
H.R.5218
“Proven Forest Management Act of 2019.”
Referred to the Subcommittee on
Conservation and Forestry (December 13, 2019).
H.R.5217
“WOW Act.”
Referred to the Subcommittee on Conservation and Forestry (December
11, 2019).
H.R.5179
“Tribal Wildlife Corridors Act of 2019.”
Referred to the Subcommittee on
Conservation and Forestry (December 11, 2019).
H.R.5174
“State Sponsored Visa Pilot Program Act of 2019.”
Referred to the
Subcommittee on Nutrition, Oversight, and Department Operations (December
11, 2019).
H.Res.742
“Recognizing the continued success of the Food for Peace Act.”
Referred to
the Subcommittee on Livestock and Foreign Agriculture (December 11,
2019).
U.S. Senate Agriculture, Nutrition, And Forestry
Committee Actions:
S.3053
“A bill to provide for the regulation, inspection, and labeling of food
produced using animal cell culture technology, and for other purposes.”
Read
twice and referred to the Committee on Agriculture, Nutrition, and Forestry
(December 16, 2019).
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growers hope for swift passage of USMCA” (December 11, 2019)
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