Showing posts with label Food Safety. Show all posts
Showing posts with label Food Safety. Show all posts

Tuesday, April 14, 2020

Agricultural Law Weekly Review—April 9, 2020

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

Agricultural Transportation: FMCSA Extends Trucking Hours of Service Waiver 
On April 8, 2020, the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) issued an extension and expansion of its COVID-19 emergency declaration, most notably extending its applicability to May 15, 2020.  The declaration was originally issued on March 13, 2020, and previously expanded on March 18, 2020.  Of particular importance to agriculture, it provides, among other things, a waiver of hours of service requirements for the transport of food, feed, livestock, and “immediate precursor raw materials . . . that are required to be used for the manufacture” of food.

Food Safety: FDA Shell Egg Labeling Requirements Relaxed by Guidance Document
On April 3, 2020, the U.S. Food and Drug Administration (FDA) issued a Guidance for Industry announcing a temporary enforcement policy, intended to be in effect for the duration of the COVID-19 public health emergency declared by the U.S. Department of Health and Human Services (HHS), providing temporary flexibility regarding retail shell egg labeling.  The six-page guidance states that due to increased demand for shell eggs for which compliant retail packaging is not available, FDA does not plan to object if eggs are sold in cartons or flats without legally-required labeling provided certain enumerated point-of-purchase display requirements are met.  The guidance is issued pursuant to the March 25, 2020, FDA notice titled “Process for Making Available Guidance Documents Related to Coronavirus Disease 2019.”  Other such FDA guidance documents are located on FDA’s website.

Animal Welfare: Kansas Ag Protection Law Provisions Permanently Enjoined
On April 3, 2020, the U.S. District Court for the District of Kansas, entered an Order granting a permanent injunction against enforcement of K.S.A. § 47-1827(b), (c) and (d), portions of Kansas’ so-called “ag-gag” statute that were previously declared unconstitutional the court’s prior January 22, 2020, Order which granted summary judgment against the State of Kansas.  Animal Legal Defense Fund, et al. v. Laura Kelly, et al., No. 18-2657-KHV.  For more information, see Agricultural Law Weekly Review, dated January 30, 2020, titled “Federal Court Strikes Down Kansas Agricultural Production Law.”

From National Ag Law Authorities & Sources: 
Roger A. McEowen, Retirement-Related Provisions of the CARES Act (April 6, 2020).

Penn State Research & News:

AGENCY PRESS RELEASES—STATE/FEDERAL

Pennsylvania Department of Agriculture Press Releases:

 

U.S. Department of Agriculture Press Releases:


STATE ACTIONS—EXECUTIVE/LEGISLATIVE

Pennsylvania Executive Agencies—Actions and Notices: 

Department of Agriculture

50 Pa.B. 1933 “Agricultural Business Development Center Farm Vitality Planning Grant Program; Extension of Application Deadline,” Notice (April 4, 2020).


Department of Environmental Protection

50 Pa.B. 1960 “Availability of Food Recovery Infrastructure Grant; Application Deadline Extended,” Notice (April 4, 2020).


Susquehanna River Basin Commission

50 Pa.B. 1931 “Title 25—Environmental Protection: Review and Approval of Projects” Rules & Regulations (April 4, 2020).

 

Pennsylvania Legislature

S.B. 1101 “An Act amending Title 3 (Agriculture) of the Pennsylvania Consolidated Statutes, providing for pandemic of 2020 guidelines for food establishments.” Referred to Agriculture and Rural Affairs [Senate] (April 3, 2020). 
H.B. 2372 “An Act providing for insurance coverage for business interruption.” Referred to Insurance [House] (April 3, 2020).
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] (April 6, 2020).
H.B. 881 “An Act amending the act of June 18, 1982 (P.L.549, No.159), 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-committed to Appropriations [House] (April 6, 2020). 

FEDERAL ACTIONS—EXECUTIVE/LEGISLATIVE
Federal Executive Agencies—Actions and Notices: 
Agricultural Department
85 FR 18913 “Fiscal Year 2020 Tariff-Rate Quotas Increased for Raw Cane Sugar and Refined Sugar,” Notice (April 3, 2020).
85 FR 19132 “Submission for OMB Review; Comment Request [Animal and Plant Health Inspection Service: Interstate Movement of Certain Land Tortoises],” Notice (April 6, 2020).
85 FR 19422 “Submission for OMB Review; Comment Request [National Agricultural Statistics Service: Agricultural Resource Management and Chemical Use Surveys—Substantive Change],” Notice (April 7, 2020).
85 FR 19422 “Notice of Request for Approval of an Information Collection [Event Appearance Requests for the Secretary or members of his staff],” Notice—Comment Period (April 7, 2020).

Agricultural Marketing Service
85 FR 19378 “Subpart Nomenclature Change; Technical Amendment [Agricultural Marketing Act of 1946 and the Egg Products Inspection Act],” Rule (April 7, 2020).

Animal and Plant Health Inspection Service
85 FR 18471 “National List of Reportable Animal Diseases,” Proposed Rule—Comment Period (April 2, 2020).
85 FR 19132 “Notice of Request for Revision to and Extension of Approval of an Information Collection; Importation of Beef and Ovine Meat From Uruguay and Beef From Argentina and Brazil,” Notice—Comment Period (April 6, 2020).

Environmental Protection Agency
85 FR 18952 “Pesticide Product Registration; Receipt of Applications for New Uses,” Notice—Comment Period (April 3, 2020).
85 FR 19146 “Pesticide Reregistration Performance Measures and Goals; Annual Progress Report; Notice of Availability,” Notice—Comment Period (April 6, 2020).

Federal Emergency Management Agency
85 FR 18580 “Tennessee; Major Disaster and Related Determinations” Notice (April 2, 2020).
85 FR 18581 “Nebraska; Amendment No. 14 to Notice of a Major Disaster Declaration,” Notice (April 2, 2020). 
85 FR 18582 “Mississippi; Major Disaster and Related Determinations,” Notice (April 2, 2020).
85 FR 18583 “Missouri; Amendment No. 3 to Notice of a Major Disaster Declaration,” Notice (April 2, 2020). 
85 FR 18583 “Missouri; Amendment No. 6 to Notice of a Major Disaster Declaration,” Notice (April 2, 2020).
85 FR 18584 “Wisconsin; Amendment No. 2 to Notice of a Major Disaster Declaration,” Notice (April 2, 2020).
85 FR 18584 “West Virginia; Amendment No. 8 to Notice of a Major Disaster Declaration,” Notice (April 2, 2020).
85 FR 18585 “Wisconsin; Major Disaster and Related Determinations,” Notice (April 2, 2020). 
85 FR 19009 “Proposed Flood Hazard Determinations [SC, TX, UT, VA],” Notice—Comment Period (April 3, 2020).
85 FR 19004 “Changes in Flood Hazard Determinations [CO, FL, MA, NC, OK, PA, RI, TN, TX, UT],” Notice (April 3, 2020).
85 FR 19011 “Changes in Flood Hazard Determinations [CO, CT, FL, NY, NC, OK, SC, TX, VA],” Notice (April 3, 2020).
85 FR 19007 “Final Flood Hazard Determinations [IL, PA],” Notice (April 3, 2020).

Fish and Wildlife Service
85 FR 18532 “Migratory Bird Hunting; Proposed Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2020-21 Season,” Proposed Rule—Comment Period (April 2, 2020).
85 FR 18455 “Migratory Bird Subsistence Harvest in Alaska; Region-Specific Regulations,” Rule—Comment Period (April 2, 2020).

Food and Drug Administration
85 FR 19114 “Laboratory Accreditation for Analyses of Foods; Extension of Comment Period,” Proposed Rule—Comment Period (April 6, 2020).
85 FR 19489 “Agency Information Collection Activities; Proposed Collection; Comment Request; Recordkeeping and Records Access Requirements for Food Facilities,” Notice—Comment Period (April 7, 2020).

Rural Utilities Service
85 FR 18549 “Announcement of Funding Availability, Loan Application Procedures, and Deadlines for the Rural Energy Savings Program,” Notice (April 2, 2020). 
85 FR 18413 “Rural Energy Savings Program,” Rule—Comment (April 2, 2020).

Wage and Hour Division
85 FR 19326 “Paid Leave Under the Families First Coronavirus Response Act,” Rule (April 6, 2020).

U.S. House Agriculture Committee Actions: 
H.R.6142 “Black Maternal Health Momnibus Act of 2020.” Referred to the Subcommittee for Indigenous Peoples of the United States [House] (Mar. 30, 2020).
H.R.6449 “To provide that during an emergency declared under the National Emergencies Act or the Robert T. Stafford Disaster Relief and Emergency Assistance Act, supplemental nutrition assistance program benefits issued under the Food and Nutrition Act of 2008 may be used to purchase certain durable goods.” Referred to the House Committee on Agriculture (April 3, 2020).
H.R.6445 “To modify nutrition programs to address the Coronavirus Disease 2019, and for other purposes.” Referred to the Subcommittee on Economic Development, Public Buildings, and Emergency Management (April 6, 2020).
H.R.6459 “To provide funds to enable counties to make competitive grants to qualified local units of government to address major community development and public infrastructure challenges, and for other purposes.” Referred to the House Committee on Agriculture (April 7, 2020).
H.R.6461 “To prohibit senior Government officials, including Members of Congress, from purchasing or selling certain investments, and for other purposes.” Referred to the Committees on Financial Services,  Agriculture, Oversight and Reform, House Administration, and the Judiciary (April 7, 2020). 

U.S. Senate Agriculture, Nutrition, And Forestry Committee Actions: 
No new actions April 2—8, 2020

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Thursday, August 15, 2019

Agricultural Law Weekly Review—August 15, 2019


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:

Pesticides: EPA Will Not Approve Labels Asserting that Glyphosate Causes Cancer
On August 8, 2019, the U.S. Environmental Protection Agency (EPA) issued a press release
stating that the agency “will no longer approve product labels claiming glyphosate is known to cause cancer.”  According to EPA, such claims are false and as such do “not meet the labeling requirements of the Federal Insecticide, Fungicide, and Rodenticide Act.”  EPA’s statement is a direct reaction to California’s Proposition 65 which requires an established list of chemicals determined by the state to “cause cancer, birth defects or other reproductive harm.”  If a chemical is on the list, warning labels must be placed on any item that would pose consumers “significant exposure” to the chemical.  Currently, California lists glyphosate on the Proposition 65 list.  According to EPA Administrator Andrew Wheeler, “It is irresponsible to require labels on products that are inaccurate when EPA knows the product does not pose a cancer risk. We will not allow California’s flawed program to dictate federal policy.”

Agricultural Finance: Legislation to Permit More Chapter 12 Bankruptcies Moves to President
On August 13, 2019, legislation was presented to President Donald Trump to increase the Chapter 12 Bankruptcy operation debt cap limit from $3,237,000 to $10,000,000 (H.R. 2336 (116)).  Under Chapter 12, qualifying “family farmers” experiencing financial difficulties are provided with the ability to establish plans to repay parts or all of their debts.  Through increasing the debt cap limit, the proposed legislation, known as the Family Farmer Relief Act of 2019, would allow more farmers to qualify for Chapter 12 Bankruptcy.  Previously, the legislation was passed in the U.S. Senate by voice vote on August 1, 2019.  Prior to that, the U.S. House of Representatives passed the legislation by voice vote on July 25, 2019.

Animal Welfare: Oregon Governor Signs Cage-Free Egg Law
On August 9, 2019, Oregon Governor Kate Brown signed legislation requiring that by 2024, commercial operations with egg-laying hen flocks greater than 3,000 must house the flocks in “cage-free housing systems” (SB1019).  Under the legislation, the egg-laying hens must have the ability to roam and have access to “scratch areas, perches, nest boxes and dust bathing areas.”  Additionally, the legislation states that individuals are not permitted to buy, sell, transport in intrastate commerce, or receive eggs that are not produced in compliance with the Oregon’s egg-laying hen housing requirements.

Food Safety: FDA Seeks Comment on New Animal Drugs
On August 9, 2019, the U.S. Food and Drug Administration (FDA) published notice in the Federal Register seeking “comments on transit times to slaughter, milking frequency, and how end users interpret zero-day withdrawal period or zero-day milk discard time statements found on new animal drug labeling” (84 FR 39340).  According to FDA, new animal drugs used in food-producing animals are assigned periods of time between when the drug is last administered and when a slaughtered animal—or its milk—can safely be consumed by humans.  To better understand current industry practices regarding the assignment of these periods, FDA is seeking public comment regarding:
  • Current transit times to slaughter facilities;
  • Current holding times at slaughter facilities prior to slaughter;
  • Milking frequency at commercial dairy operations; and
  • How “zero-day withdrawal period” or “zero-day milk discard time” animal drug labels are interpreted by end-users.

 Comments must be received by October 8, 2019.

Pesticides: Groups File Petition Regarding Chlorpyrifos
On August 7, 2019, the public interest environmental law organization Earth Justice filed a petition for review with the U.S. Court of Appeals for the 9th Circuit regarding the U.S. Environmental Protection Agency’s (EPA) decision to not ban the pesticide chlorpyrifos.  Previously, on May 29, 2017, EPA issued a Petition Denial Order entitled “Chlorpyrifos; Order Denying PANNA and NRDC’s Petition to Revoke Tolerances” (82 FR 64).  Subsequently, on July 18, 2019, EPA issued an Objections Denial Order entitled “Chlorpyrifos; Final Order Denying Objections to March 2017 Petition Denial Order” 84 FR 35555).  Earth Justice, on behalf of 11 petitioners, seeks a review of both the Petition Denial Order and the Objections Denial Order by the court.

From National Ag Law Experts:
“EPA decides not to ban chlorpyrifos-now what”, Sarah Everhart, Maryland Risk Management Education Blog (August 13, 2019)
“Who Should Control the Carbon Farming Marketplace?”, Todd Janzen, Janzen Ag Law Blog – Janzen Ag Law (August 7, 2019)     
 
Federal Actions and Notices:
Agricultural Marketing Service

Animal and Plant Health Inspection Service

Environmental Protection Agency

Food and Nutrition Service

Foreign Agricultural Service

Pennsylvania Legislation:
SR 190: Resolution directing the Joint State Government Commission to study food waste in Pennsylvania and report findings to the Senate (Referred to Senate Agriculture and Rural Affairs Committee, August 7, 2019)

Pennsylvania Actions and Notices:
Department of Environmental Protection

Environmental Hearing Board

Pennsylvania Department of Agriculture:

Penn State Research:

AgLaw HotLinks:

Stay Informed:
Listen to our weekly Agricultural Law Podcast
Read our monthly Agricultural Law Brief newsletter    
Follow us on Twitter at PSU Ag & Shale Law (@AgShaleLaw) to receive daily AgLaw HotLinks
Connect with us on Facebook to view our weekly CASL Ledger detailing Center publications and activities
Visit The Ag & Food Law Blog for a comprehensive summary of daily judicial, legislative, and regulatory developments in agriculture and food

Thursday, August 8, 2019

Agricultural Law Weekly Review—August 8, 2019


Written by:
M. Sean High—Staff Attorney
Audry Thompson—Research Assistant
           
The following information is an update of recent local, state, national, and international legal developments relevant to agriculture:

Pesticides: California Couple Agrees to Reduced Roundup Damage Award
On July 26, 2019, Plaintiffs Alva and Alberta Pilliod agreed to reduce a jury award from over $2 billion to over $86 million for alleged harm caused by Monsanto Company’s glyphosate-based weed killer Roundup (Pilliod, et al. v. Monsanto Company, et al. Case No RG17862702).  The Pilliods alleged that exposure to Roundup caused them both to develop non-Hodgkin’s lymphoma.  On May 13, 2019, a California jury found that Monsanto Company’s actions regarding its product Roundup entitled Mr. Pilliod to over $37 million for economic and noneconomic loss and $1 billion in punitive damages.  The same jury also determined that Mrs. Pilliod was entitled to over $18 million for economic and noneconomic loss and $1 billion in punitive damages.  On July 19, 2019, the judge in the case—Winifred Y. Smith—issued an order granting Monsanto Company a new trial unless the Pilliods accepted the reduced damage award.  In reducing the award, Judge Smith stated that “[t]he ratio between the compensatory award and the punitive awards were excessive” and that “[t]he United States Supreme Court has held that ‘an award of more than four times the amount of compensatory damages might be close to the line of constitutional impropriety.’"     

Agricultural Labor: DOL and Guatemala Sign Agreement to Provide Safeguards for H-2A Workers
On July 30, 2019, the U.S. Department of Labor (DOL) signed an agreement with the nation of Guatemala seeking to enhance the H-2A nonimmigrant visa program by requiring certification that “labor recruiters are vetted and registered with their government.”  DOL stated that the agreement does not replace existing U.S. laws, but is intended to serve as a “complement” to those laws.  Accordingly, the agreement seeks to protect H-2A temporary workers from “criminal actors” and from being “charged excessive fees” in order to participate in the H-2A program.  Additionally, the agreement is intended to help U.S. employers know whether a foreign labor recruiter is operating in “compliance with U.S. and Guatemalan law.”  According to U.S. Secretary of Agriculture Sonny Perdue, the agreement “will allow for greater cooperation and will safeguard against disturbances in the H-2A visa program by protecting workers from illegal recruitment activity, providing our farmers with a stable, legal workforce.”   

Industrial Hemp/Cannabis: Cornell University to House Industrial Hemp Seed Bank
On August 2, 2019, U.S. Senator Chuck Schumer announced that the nation’s only industrial hemp seed bank has been designated for location at Cornell University.  Known as the Industrial Hemp Germplasm Repository program, the seed bank is being “rebuilt” using $500,000 in federal funds allocated under 2019 Omnibus Spending Package for the purpose of “characterizing, maintaining and distributing seeds.”  According to Senator Schumer, a national industrial hemp seed bank has previously existed, but it was discontinued following the crop’s designation as a Schedule 1 controlled substance under the Controlled Substance Act of 1970 (the Act).  With the passage of the 2018 Farm Bill, however, industrial hemp’s designation as a Schedule 1 controlled substance under the Act was removed.  As a result, the return of a national industrial hemp seed bank was permitted.

Industrial Hemp / Cannabis: Ohio Governor Signs Bill Legalizing Hemp
On July 30, 2019, Ohio Governor Mike DeWine signed into law legislation legalizing hemp in the state (Senate Bill 57).  According to the legislation, the director of agriculture is authorized to establish a program to license and regulate hemp cultivation and processing.  Among the several provisions, the legislation:
  • Defines “hemp” and “hemp product” and specifies that neither the terms “drug” nor “marihuana” include “hemp” or “hemp product;” 
  • Excludes tetrahydrocannabinols found in “hemp” and “hemp products” from the list of Schedule I controlled substances; 
  • Specifies that the state board of pharmacy may not adopt rules including “hemp” or a “hemp product” in a schedule as a controlled substance;
  • Specifies that “the addition of ‘hemp’ or a ‘hemp product’ to any other product does not adulterate that other product;” 
  • Creates a hemp program fund to enforce the provisions of the bill; and
  • Establishes a hemp marketing program.

The legislation is “declared to be an emergency measure necessary for the immediate preservation of the public peace, health, and safety” due to the “[need] to advance and promote hemp and hemp products” to “achieve consistency and conformity with federal law regarding hemp.”  The legislation goes into effect immediately and requires the director of agriculture to submit a plan for the regulation of hemp cultivation to USDA within 180 days. 

Food Safety: FDA Approves Soy Leghemoglobin as a Color Additive
On August 1, 2019, the U.S. Food and Drug Administration (FDA) published notice in the Federal Register of a final rule amending the “Listing of Color Additives Exempt from Certification” (21 CFR part 73), “to provide for the safe use of soy leghemoglobin as a color additive in [uncooked] ground beef analogue products,” such as ‘veggie’ burgers (84 FR 37573).  According to FDA, the rule is in response to a color additive petition submitted in 2018 by Impossible Foods, Inc., which intends to expand its product line into direct-to-consumer uncooked “ground beef analogue products” that contain red-colored soy leghemoglobin.  The color additive petition process allows for a 30-day period upon publication of the final rule within which any person adversely affected may file objections.

International Trade: U.S. Announces EU Beef Deal 
On August 2, 2019, the Office of the U.S. Trade Representative (USTR) announced that an agreement has been reached with the European Union (EU) to expand imports of U.S. beef into the European market over the next seven years.  Currently, the U.S. exports approximately 13,000 metric tons of duty-free beef into the EU each year at a value of $150 million.  Under the new agreement, U.S. duty-free beef exports into the EU will initially increase to 18,500 metric tons annually at an approximate value of $220 million.  By year seven, exports of U.S. duty-free beef into the EU are scheduled to increase to 35,000 metric tons annually at an approximate value of $420 million.  Following the announcement, U.S. Secretary of Agriculture Sonny Perdue statedE.U. consumers desire high quality products, and I have no doubt that when given the opportunity to purchase U.S. products we will see more Europeans choose to buy American.”

From National Ag Law Experts:
“Where are my Syngenta settlement payments: Why have checks not been issued yet?”, Paul Goeringer, Maryland Risk Management Education Blog (July 30, 2019)
“Case watch: LEBOR and Lake Erie battles linger”, Ellen Essman, Ag Law Blog – Agricultural Law & Taxation – Ohio State University Extension (August 1, 2019)
 
Federal Actions and Notices:
Agricultural Marketing Service

Animal and Plant Health Inspection Service

Commodity Credit Corporation

Environmental Protection Agency

Farm Credit Administration

Farm Service Agency

Pennsylvania Actions and Notices:
Department of Agriculture

Pennsylvania Department of Agriculture:

Penn State Research:

AgLaw HotLinks:

Stay Informed:
Listen to our weekly Agricultural Law Podcast
Read our monthly Agricultural Law Brief newsletter    
Follow us on Twitter at PSU Ag & Shale Law (@AgShaleLaw) to receive daily AgLaw HotLinks
Connect with us on Facebook to view our weekly CASL Ledger detailing Center publications and activities
Visit The Ag & Food Law Blog for a comprehensive summary of daily judicial, legislative, and regulatory developments in agriculture and food