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:
GMO
Labeling: Vermont to No Longer Enforce State Labeling Law
On August 2, 2016, Vermont Attorney General William
H. Sorrell announced that due to the July 29, 2016 federal enactment of the “National
Bioengineered Food Disclosure Standard,” Vermont would no
longer enforce Act 120 which required “the labeling of food produced
with genetic engineering.” Act 120 became effective in Vermont on July 1, 2016.
Right
to Farm: Oklahoma Supreme Court Allows Constitutional Amendment to Appear on
Ballot
On August 8, 2016, the Supreme Court of Oklahoma held
that Legislative Referendum No. 368 (LF 368) could be included on the November
2016 ballot (Save the Illinois River,
Inc. v. State of Oklahoma, 2016 WL 4189500). If approved by the voters, LF 368 would amend
the Oklahoma constitution to prohibit the state “Legislature from passing any
law ‘which abridges the right of citizens and lawful residents of Oklahoma to
employ agricultural technology and livestock production and ranching practices without
a compelling state interest.’” As a result of the Court’s decision, LF 368 is
scheduled to appear on the November 2016 ballot as State Question No. 777.
Labor:
DOL and PA Dept. of Labor and Industry Sign Agreement to Combat Employee
Misclassification
On August 4, 2016, the United States Department of
Labor (DOL) issued a press release stating that DOL and the Pennsylvania
Department of Labor & Industry have signed a three year agreement designed
to “to protect employees’ rights by preventing their misclassification as
independent contractors or other non-employee statuses.” According to the press
release, “[t]he two agencies will provide clear, accurate and easy-to-access
outreach to employers, employees and other stakeholders; share resources; and
enhance enforcement by conducting coordinated investigations and sharing
information consistent with applicable law.”
Environmental
Litigation: EPA and Pennsylvania Announce Settlement with Consol Regarding Wastewater
Contamination
On August 4, 2016, the United States Department of
Justice (DOJ) issued a press release stating that the United States
Environmental Protection Agency and the Commonwealth of Pennsylvania have
reached an agreement with Consol Energy Inc., CNX Coal Resources and Consol
Pennsylvania Coal Co. LLC (Consol) requiring that Consol implement practices
that prevent the contaminated discharges of mining wastewater in Pennsylvania. According to DOJ, under the terms of the
agreement, Consol will “complete and maintain certain water management measures
to prevent discharges from certain outfalls at the [company’s Bailey Mine
Complex in
Greene and Washington Counties]; monitor and report quarterly and annually, to
ensure adequate storage capacity to prevent future discharges; submit and
implement a plan for achieving long term compliance through advanced treatment
in the event of projected exhaustion of storage capacity; develop and implement
an environmental management system to ensure environmental compliance
throughout the [Bailey Mine] Complex; and, pay a $3 million civil penalty.”
Invasive
Species: PDA Announces Expanded Spotted Lanternfly Quarantine
On August 5, 2016, the Pennsylvania Department of
Agriculture (PDA) issued a press release stating that “Pennsylvania’s Spotted
Lanternfly quarantine has been expanded to Maxatawny Township and Kutztown
Borough in Berks County and Upper Milford Township and Emmaus Borough in Lehigh
County after small populations of the invasive species were found in those
areas.” According to PDA, “[t]he general quarantine of these infested areas
restricts movement of any material or object that can spread the pest…[such as]
firewood or wood products, brush or yard waste, remodeling or construction
materials and waste, packing material like boxes, grapevines for decorative
purposes or as nursery stock, and any outdoor household articles like
lawnmowers, grills, tarps and other equipment, trucks or vehicles typically not
stored indoors.”
Pesticides:
EPA Announces Availability of Draft Pesticide Registration Notices
On August 5, 2016, the United States Environmental Protection
Agency (EPA) published notice in the Federal Register of the availability of
two draft Pesticide Registration Notices “for review and comment: One entitled
‘Guidance for Pesticide Registrants on Pesticide Resistance Management Labeling’
and the other entitled ‘Guidance for Herbicide Resistance Management Labeling,
Education, Training, and Stewardship’” (81 FR 51880). Additionally, according to EPA, the comment
period for both notices has been extended from August 2, 2016 to September 1,
2016.
Animal
Welfare: USDA Proposes Amendment to Animal Welfare Act to Empower Secretary of
Agriculture
On August 4, 2016, the United States Department of
Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) published
notice in the Federal Register that the department was issuing a proposed rule
to amend the Animal Welfare Act (AWA) (81 FR 51386). According to USDA APHIS, the proposed rule
would amend AWA to provide “the Secretary of Agriculture with the authority to
determine that animal dealers and exhibitors are not required to obtain a
license under the Act and regulations if the size of the business conducting
AWA-related activities is determined to be de
minimis by the Secretary.” The comment period for the proposed rule closes
November 2, 2016.
Food
Standards: USDA Announces New Standards for Grades of Fruits and Vegetables
On August 4, 2016, the United States Department of
Agriculture (USDA) Agricultural Marketing Service (AMS) published a final notice
in the Federal Register regarding revisions to “41 U.S. Standards for Grades of
fresh fruits and vegetables, fruits and vegetables for processing, nuts, and specialty
crops by removing the ‘Unclassified’ category from each standard” (81 FR 51297). The effective date for the revised standards
is September 6, 2016.
Organic
Regulations: USDA Removes Program to Assess Organic Certifying Agencies
On August 8, 2016, the United States Department of
Agriculture (USDA) Agricultural Marketing Service (AMS) published notice in the
Federal Register of a direct final rule removing the “Program to Assess Organic
Certifying Agencies” from 7 CFR Part 37 of the Code of Federal Regulations (81FR 52589). The comment period on the
direct final rule closes on September 8, 2016 and becomes effective November 7,
2016.
Livestock
Reporting: Reauthorization and Revisions to Livestock Mandatory Reporting
On August 11, 2016, the United States Department of
Agriculture (USDA) Agricultural Marketing Service (AMS) published notice in the
Federal Register of a final rule regarding the reauthorization of the Livestock
Mandatory Reporting program (81 FR 52969).
Additionally, the “final rule incorporates the swine reporting revisions
contained within the 2015 Reauthorization Act and a minor revision to the lamb
reporting requirements under the Agricultural Marketing Act of 1946, USDA
Livestock Mandatory Reporting regulations.” The final rule becomes effective October
11, 2016.
