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 Announces Small Entity Compliance Guide for Sanitary Transportation of
Human and Animal Food
On November 22, 2017,
the U.S. Food and Drug Administration (FDA) announced the availability of guidance
material designed to help small businesses comply with the Sanitary
Transportation of Human and Animal Food final rule (82
FR 55503). Entitled: Guidance
for Industry: Sanitary Transportation of Human and Animal Food: What You Need
to Know About the FDA Regulation - Small Entity Compliance Guide, the
guide provides affected shippers, loaders, carriers, and receivers with
compliance information regarding such issues as training and record keeping. While not legally enforceable, the guide expresses
FDA’s current thinking on the issue.
WOTUS:
EPA and the Army Propose Amending Applicable Date of “Waters of the United
States” Rule
On November 22, 2017,
the U.S. Environmental Protection Agency and the Department of the Army published
notice of a proposed amendment that would delay the applicable date for the 2015
rule defining the “waters of the United States” (82
FR 55542). Accordingly, the agencies seek to delay the applicable date of
the rule until two years after the proposed amendment has been finalized and
published in the Federal Register. The
agencies stated that the delay is intended to permit sufficient time for the proper
reconsideration of the definition of the “waters of the United States.” Comments
regarding the proposed amendment must be received on or before December 13,
2017.
GIPSA:
USDA Eliminates GIPSA as a Standalone Agency
On November 15, 2017,
Agri-Pulse reported
that the U.S. Department of Agriculture (USDA) has eliminated the Grain
Inspection, Packers, and Stockyards Administration (GIPSA) as a standalone
agency. Under a memorandum
issued by Secretary of Agriculture Sonny Perdue, USDA announced that those
functions which were formerly part of GIPSA have been moved to a newly created
Fair Trade Practices program area. According to the memorandum, the intention of
the action is to improve industry engagement and customer focus.
Animal
Welfare: Utah Agrees to $349,000 “Ag-Gag” Settlement
On November 18, 2017,
the Salt Lake Tribune reported
that Utah’s office of attorney general has agreed to pay $349,000 to settle a
lawsuit involving the state’s “ag-gag” law.
The settlement follows a July 7, 2017, ruling by the U.S. District Court
for the District of Utah, Central Division which held
that Utah Code
§76-6-112 violated first amendment rights to free speech. According to the report, the settlement amount
must be approved by the Utah legislature.
Transportation:
FMCSA Announces 90-Day ELD Waiver for Agricultural Commodities
On November 20, 2017, the
U.S. Department of Transportation’s Federal Motor Carrier Safety Administration
(FMCSA) announced
a 90-day temporary waiver from the electronic logging device (ELD) requirements
for transporters of agricultural commodities.
Prior to the FMCSA announcement, ELD requirements were scheduled to take
effect December 18, 2017. In addition to
the 90-day temporary waiver, FMCSA also announced that the agency will be providing
“formal guidance specifically pertaining to the existing Hours-of-Service
exemption for the agricultural industry, and guidance on the “personal
conveyance” provision.”
Pennsylvania
Legislation
HB
176
Legislation exempting certain agricultural structures from the Uniform
Construction Code (Approved by Governor Tom Wolf October 25, 2017) (Act
35)
Agricultural and Rural Affairs (H)
HB
1932
Legislation requiring a 90 day written decision regarding the approval,
modification, or disapproval of a nutrient management plan (Referred to
committee November 20, 2017)
Pennsylvania
Actions and Notices
Milk Marketing Board
AgLaw HotLinks:
- Growing Pennsylvania’s Organic Farms Conference to Equip New, Seasoned Farmers with Latest Techniques- PA Department of Agriculture
- U.S. Pig Farmers Continue Focus on Antibiotic Stewardships – Farm Journal’s PORK
- Hold Off On Air Emissions Reporting – Farm Journal’s MILK
- Monsanto, Ag Groups Sue California over Glyphosate Warning – Brownfield Ag News
- U.S. audit finds food safety problems continue for Brazil’s meat – Food Safety News
- U.S. Farm Exports Hit Third-Highest Level on Record – USDA Foreign Agricultural Service
- Thanksgiving dinner cost lowest in five years – Feedstuffs
- China Tops Canada As Lead Buyer of U.S. Ag Goods – Ag Web
- Pa. Farm Bureau talks NAFTA and tax reform – Farm and Dairy
- Secretary Redding Encourages PA Farmers to Be Counted in 2017 Agriculture Census – PA Department of Agriculture
- Changes to Tax Exemptions Could Cost Farmers Billions – Farm Journal’s AG PRO
- Iowa Soybean Association joins glyphosate lawsuit – American Agriculturist
Connect with us on Facebook!
Every week we will post the CASL Ledger which details all our publications and
activities from the week.
For a comprehensive summary of daily
judicial, legislative, and regulatory developments in agriculture and food,
visit The
Ag & Food Law Blog.
