Written by:
Jackie Schweichler - Education Programs Coordinator
The following information is an update of recent local,
state, national, and international legal developments relevant to agriculture.
Biosecurity: USDA Issues Final Rule on HPAI Indemnity
On August 15, 2018, the U.S. Department of Agriculture
(USDA) Animal and Plant Health Inspection Service (APHIS)
published a
final rule on the conditions for indemnity payments under highly pathogenic
avian influenza (HPAI) claims. The final rule provides a formula allowing
split payments between egg and poultry owners based on the proportion of the
production cycle completed. The rule also requires large egg and poultry
operations to have a biosecurity plan in order to receive the indemnity
payment.
Dairy Policy: USDA Announces Plan to Purchase Milk for
Food Assistance Program
On August 14, 2018, the U.S. Department of Agriculture
(USDA)
announced its plan to purchase fluid milk for distribution to The
Emergency Food Assistance Program. USDA will be purchasing whole, 2
percent, 1 percent, and skim milk in half gallons. The purpose of the
program is to encourage the continued domestic consumption of milk.
Potential contractors for this program must meet USDA Agricultural
Marketing Service standards
Raw Milk: Massachusetts Governor Vetoes Raw Milk
Provision in Environmental Bill
On August 13, 2018, Massachusetts Governor Charlie Baker vetoed a raw milk
provision in an environmental bond bill (Bill H.4835). The
provision would have allowed dairy farmers to sell unpasteurized, or “raw” milk
at farm stands. In addition, the provision would have permitted distribution of
raw milk through community supported agriculture systems. Governor Baker
expressed concern over potential foodborne illness caused by the consumption of
raw milk. The governor recommended rules
and regulations that could include sanitary and operational standards for
production, handling, labelling, and sale of raw milk.
Water Quality: Federal District Court Overturns Delay of
WOTUS
On August 16, 2018, the U.S. District Court for the District
of South Carolina, Charleston Division issued a ruling overturning the delay of
the Waters of the United States
(WOTUS) rule (South
Carolina Coastal Conservation League, et al. v. U.S. Environmental
Protection Agency, et al., 2018 WL 2933811). In light of several
U.S. Supreme Court decisions, the Environmental Protection Agency (EPA) issued
a final rule redefining WOTUS in 2015. The 2015 final rule prompted a
series of lawsuits which led to a 2017
Presidential Executive Order directing EPA to review and then rescind or
revise WOTUS. On February 8, 2018, EPA published a new final rule
delaying enforcement of the 2015 final rule. The current court order
suspends this rule, stating that by not allowing meaningful opportunity for
public comment, EPA’s 2015 final rule was arbitrary and capricious.
Food Labeling: USDA Announces Extension of Comment Period
for Meat Products Labeling Petition
On August 17, 2018, the U.S. Department of Agriculture
(USDA) Food Safety and Inspection Service (FSIS)
announced it has extended the comment period for a petition to clarify meat
products labeling. The
petition requests that FSIS clarify the “Product of the U.S.A.” label used
for meat products. In its petition, the Organization for Competitive Markets
(OCM), states that current policy allows imported foreign meat to use the
“Product of the U.S.A.” label if it passes through a USDA inspection plant.
OCM argues that this process allows an unfair market advantage that is
deceptive to consumers and harms U.S. producers. FSIS has extended the comment period to
September 17, 2018.
Food Policy: California Senate Approves Bill to Limit
Sale of Sugary Beverages to Children
On August 21, 2018, the California Senate
passed SB 1192, a bill that would limit the sale of sugar sweetened
beverages to children. If signed by the governor, the bill would restrict what
restaurants could include as the default beverage in a children’s meal.
Restaurants would be able to sell children’s meals with only water, sparkling
water, unflavored milk, or a nondairy milk alternative. Customers
still would be able to request and purchase any sugar sweetened beverage with their
meal. According to the bill text, the obesity rate in California has increased
by 250 percent and obese children are twice as likely to become obese adults.
The legislature also stated that the adverse health consequences of obesity has
an economic cost of approximately $147 billion annually in medical spending in
the United States. Violations of the law would be punishable by a fine of
not less than $25 or more than $1,000, or imprisonment not exceeding 6 months.
Agricultural Labor: District Court Rules in Favor of
Livestock Herders
On August 17, 2018, the U.S. Court of Appeals for the
District of Columbia Circuit held that the Hispanic Affairs Project (Project)
had filed a timely claim in its case regarding H-2A visas (Hispanic
Affairs Project v. Secretary of Labor, et al., No 17-5202). The
Project an organization that advocates for livestock herders. The Project
alleges that the 364-day certification period for H-2A visas is unrealistic.
H-2A visas allow nonimmigrants to enter the United States to perform seasonal
or temporary work. According to Project, these visas are routinely extended for
livestock herders, when that work does not qualify as temporary.
The court agreed that the Project had “plausibly shown that the
agency’s de facto policy of authorizing long-term visas is arbitrary
capricious, and contrary to law, in violation of the APA and the Immigration
and Nationality Act.”
From National Ag Law Experts:
Tiffany Dowell Lashmet, What
Documentation Should I have for Hunters on My Property?, Texas
A&M AgriLife Extension (August 20, 2018).
Josh Wise, podcast: Gaming
the Grass Fed Beef Market, Institute for Agriculture & Trade
Policy (August 20, 2018)
Pennsylvania Regulations
Department of Health: Temporary
Regulations for Medical Marijuana; Clinical Registrants and Academic Clinical
Research Centers (August 18, 2018).
Pennsylvania Notices
State Conservation Commission: Action
on Odor Management Plans for Concentrated Animal Operations (August
18, 2018)
"Farm
groups call for swift farm bill passage" - Morning Ag Clips
"Labelling
change would put animal welfare at the heart of purchase, campaigners
urge" - Food Navigator
"Farmers
Await Details on USDA Trade Assistance" - Farm Policy
"Neighbors
of salmon farm file lawsuit" - Morning Ag Clips
"Bayer,
Monsanto integration can now commence" - Feedstuffs
"Agricultural
Debt Continues to Increase" - Farm Doc Daily
"R-CALF
extends checkoff lawsuit to 13 additional states" - Beef
Magazine
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