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.
Avian Influenza: Highly Pathogenic Avian Influenza Detected in
South Carolina: On April 9, 2020, USDA Animal & Plant Health Inspection
Service (APHIS) announced the confirmed
presence of H7N3 highly pathogenic avian influenza (HPAI) in a commercial turkey
flock in Chesterfield County, South Carolina. APHIS stated that there is no immediate human
health concern. A report issued
by APHIS to the World Organization for Animal Health (OIE) states that 34,160
turkeys were “suspectible,” 1,583 died, and 32,577 were culled. APHIS also stated that
this is the first confirmed case of HPAI in commercial poultry in the United
States since 2017, and it appears that this HPAI strain mutated from a
low-pathogenic strain that had recently been found in poultry in the affected
area.
Dairy Policy: Virginia Governor Vetoes Milk Misbranding Bill: On April 11, 2020, Virginia Governor Ralph Northam vetoed a bill (HB 119) passed by the Virginia General Assembly on March
12, 2020, that would have defined milk as the lacteal secretions of enumerated
mammals and rendered plant-based “milk” misbranded under Virginia law.
Biofuels:
Tenth Circuit Dismisses Refiners’ Requests for Rehearing: On April, 7, 2020, the
U.S. Court of Appeals for the Tenth Circuit (Tenth Circuit), entered its final order in Renewable Fuel
Association et al. v. U.S. Environmental Protection Agency, et al.. Case No. 18-9533, dismissing a request for rehearing, and therefore making final the invalidation of the U.S. Environmental Protection Agency’s (EPA) process for granting small refinery
exemptions (SREs) from the Renewable Fuel Standard (RFS) biofuel
percentage blending requirements. Any further appeal must be filed within 90 days to the U.S.
Supreme Court. For more background, see
the March 26, and January 30, 2020, Agricultural Law Weekly Review items
titled, EPA Elects Not to
Appeal Adverse Ruling on Legality of Renewable Fuel Standard Small Refinery
Exemptions, and “Court of Appeals
Invalidates EPA Grant of Renewable Fuel Standard Waivers,” respectively.
From National Ag Law
Authorities & Sources:
Kristine A. Tidgren, Guidance
on PPP Loans for the Self-Employed is Helpful, but Incomplete (April
14, 2020).
Brigit Rollins, EPA
Issues Guidance on Environmental Compliance During the COVID-19 Pandemic (April
10, 2020).
Penn State Research &
News:
Jeff Mulhollem, Fruit
May Mask Taste of Dark Green Vegetables in Commercial Baby Foods (April
9, 2020).
AGENCY PRESS
RELEASES—STATE/FEDERAL
Pennsylvania Department of Agriculture Press Releases:
No new announcements April
9–15, 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
Confirms Highly Pathogenic H7N3 Avian Influenza in a Commercial Flock in
Chesterfield County, South Carolina (April 9, 2020).
USDA
Announces Loan Maturity for Marketing Assistance Loans Now Extended to 12
Months (April 9, 2020).
STATE
ACTIONS—EXECUTIVE/LEGISLATIVE
Pennsylvania Executive Agencies—Actions and
Notices:
Fish and
Boat Commission
Governor’s
Office
Pennsylvania Legislature
H.B.2390
“An Act amending Title 3 (Agriculture) of the Pennsylvania
Consolidated Statutes, in retail food facility safety, prohibiting return of
groceries and other foodstuffs during COVID-19 disaster emergency.” Referred
to Agriculture and Rural Affairs [House] (April 7, 2020).
S.B. 377 “An Act
amending Title 34 (Game) of the Pennsylvania Consolidated Statutes, in
enforcement, further providing for jurisdiction and penalties; and, in game or
wildlife protection, further providing for the offense of unlawful taking and
possession of protected birds and for endangered or threatened species.” Re-referred
to Appropriations[Senate] (April 7, 2020).
H.B.
1972 “An Act amending Title 3 (Agriculture) of the Pennsylvania
Consolidated Statutes, in food protection, further providing for rules and
regulations.” Laid on the table [House] (April 7, 2020).
H.B.
1971 “An Act amending the act . . . known as the Pennsylvania Safe
Drinking Water Act, further providing for definitions.” Laid on the table
[House] (April 7, 2020).
H.B.
1403 “An Act repealing the . . . act to encourage the planting of
trees along the roadsides of this Commonwealth, and providing a penalty for
killing, removing or injuring the same . . . .” Removed from table [House] (April
7, 2020).
H.B.
881 “An Act amending the act . . . 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-reported as committed [House] (April 7,
2020).
FEDERAL
ACTIONS—EXECUTIVE/LEGISLATIVE
Federal Executive
Agencies—Actions and Notices:
Agricultural
Department
85 FR
19920 “Submission for OMB Review; Comment Request [Soil Health in
Texas],” Notice (April 9, 2020).
Agricultural
Marketing Service
85 FR
19651 “Pecans Grown in the States of [AL, AR, CA, FL, GA, KS, LA, MO,
MS, NC, NM, OK, SC, and TX], Changes to Reporting Requirements” Rule
(April 8, 2020).
85 FR
20202 “Walnuts Grown in California; Hearing on Proposed Amendment of
Marketing Order No. 984; Correction,” Proposed Rule (April 10, 2020).
Alcohol
and Tobacco Tax and Trade Bureau
85 FR
20423 “Modernization of the Labeling and Advertising Regulations for
Wine, Distilled Spirits, and Malt Beverages,” Rule (April 13, 2020).
Animal
and Plant Health Inspection Service
85 FR
20974 “Availability of an Environmental Assessment for Field Testing of
a Clostridium Perfringens Type A Vaccine, Live Salmonella Vector,” Notice—Comment
Period (April 15, 2020).
85 FR
20975 “Decision To Authorize the Importation of Fresh Citrus From China
Into the Continental United States,” Notice (April 15, 2020).
Employment
and Training Administration
85 FR
21022 “Agency Information Collection Activities; Comment Request
[DOL-ETA: Extension Without Changes, American Apprenticeship Initiative
Grants],” Notice—Comment Period (April 15, 2020).
Environmental
Protection Agency
85 FR
19668 “Pennsylvania; Allegheny County Administrative Revisions to
Definitions, Remedies, and Enforcement Orders Sections and Incorporation by
Reference of National Ambient Air Quality Standards,” Rule (April 8,
2020).
85 FR
20910 “Receipt of a Pesticide Petition Filed for Residues of Pesticide
Chemicals in or on Various Commodities (February 2020),” Proposed
Rule—Comment Period (April 15, 2020).
Farm
Credit Administration
85 FR
20586 “Organization and Functions; Farm Credit Administration Board
Meetings,” Rule (April 14, 2020).
Farm
Service Agency
85 FR
19920 “Information Collection Requests; Farm Programs: Disaster
Assistance-General, Transfer of Records Between Counties, and Customer Data
Worksheet Request for Business Partner Record,” Notice—Comment Period
(April 9, 2020).
Federal
Emergency Management Agency
Federal
Reserve System
85 FR
20387 “Regulatory Capital Rule: Paycheck Protection Program Lending
Facility and Paycheck Protection Program Loans,” Rule—Comment Period
(April 13, 2020).
Fish and
Wildlife Service
85 FR
19770 “Endangered and Threatened Species; Receipt of Recovery Permit
Applications,” Notice—Comment Period (April 8, 2020).
85 FR
19952 “Migratory Bird Hunting; Service Regulations Committee and Flyway
Council Meetings,” Notice (April 9, 2020).
85 FR
20030 “2020-2021 Station-Specific Hunting and Sport Fishing
Regulations,” Proposed Rule—Comment Period (April 9, 2020).
85 FR
20967 “Endangered and Threatened Wildlife and Plants; Revision to the
Nonessential Experimental Population of the Mexican Wolf (Canis lupus
baileyi),” Proposed Rule—Comment Period (April 15, 2020).
85 FR
21019 “Endangered and Threatened Species; Receipt of Recovery Permit
Applications,” Notice—Comment Period (April 15, 2020).
Food and
Drug Administration
85 FR
20891 “Cheeses and Related Cheese Products; Proposal To Permit the Use
of Ultrafiltered Milk; Reopening the Comment Period,” Proposed Rule—Comment
Period (April 15, 2020).
International
Trade Commission
85 FR
19955 “Certain Food Processing Equipment and Packaging Materials
Thereof; Commission Determination Not To Review an Initial Determination
Finding a Violation of Section 337; Request for Written Submissions on Remedy,
the Public Interest, and Bonding,” Notice (April 9, 2020).
Reclamation Bureau
Rural Utilities Service
85 FR
19655 “Rural Development Guarantee Loan Servicing Flexibilities To
Address Coronavirus 2019 Impacts,” Rule (April 8, 2020).
Small Business
Administration
85 FR
20015 “Disaster Declarations of Economic Injury for the Coronavirus
(COVID-19); Administrative Declarations of Economic Injury Disasters for the
Entire United States and U.S. Territories,” Notice (April 9, 2020).
85 FR
20811 “Business Loan Program Temporary Changes; Paycheck Protection
Program,” Rule—Comment Period (April 15, 2020).
Trade Representative,
Office of United States
85 FR
20017 “Fiscal Year 2020 Allocation of Additional Tariff-Rate Quota
Volume for Raw Cane Sugar and Refined Sugar,” Notice (April 9, 2020).
U.S. Codex Office
85 FR
20239 “Codex Alimentarius Commission: Meeting of the Codex Committee on
Processed Fruits and Vegetables [May 5, 2020],” Notice (April 10,
2020).
Wage and Hour Division
85 FR
20723 “Agency Information Collection Activities; Comment Request;
Information Collections: Paid Leave Under the Families First Coronavirus
Response Act,” Notice (April 14, 2020).
U.S. House Agriculture Committee Actions:
H.R.6510 “To
require the Secretary of Agriculture to expand for all the States during the
COVID-19 public health emergency declared under section 319 of the Public
Health Service Act, the program to approve retail food stores to accept through
on-line transactions supplemental nutrition assistance program benefits
provided under the Food and Nutrition Act of 2008.” Referred to House
Committee on Agriculture (April 14, 2020).
H.Res.922
“Expressing the sense of the House of Representatives that all nations should
permanently close live wildlife markets and that the People's Republic of China
should cease spreading disinformation regarding the origins of coronavirus.” Referred
to Committees on Foreign Affairs, Natural Resources, Agriculture, and Energy
and Commerce. (April 14, 2020).
U.S. Senate Agriculture, Nutrition, and Forestry
Committee Actions:
No new actions April 9–15, 2020
S.3429 “Farmer
Driven Conservation Outcomes Act of 2020,” Read twice and referred to the
Committee on Agriculture, Nutrition, and Forestry (March 10, 2020).
S.3479 “Cover
Crop Flexibility Act of 2020,” Read twice and referred to the Committee on
Agriculture, Nutrition, and Forestry (March 12, 2020).
S.3552 “A bill
to require the Secretary of Agriculture to provide payments to cattle producers
to offset losses due to the Coronavirus Disease 2019 (COVID-19), and for other
purposes. Read twice and referred to the Committee on Agriculture,
Nutrition, and Forestry (March 20, 2020).
S.3563 “Food
Assistance for Kids and Families During COVID-19 Act of 2020,” Read twice
and referred to the Committee on Agriculture, Nutrition, and Forestry
(March 22, 2020).
April 9–15, 2020 Top #AgLaw
links:
Coronavirus:
China Yet to Meet Key Phase One Trade Deal Target Due to Covid-19 Lockdown, South
China Morning Post
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