Agricultural Law Weekly Review—November 2, 2017

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:

Air Quality: EPA Issues Guidance Material for Reporting of Animal Waste Air Emissions

On October 26, 2017, the U.S. Environmental Protection Agency (EPA) announced the availability of guidance material designed to help farmers report air emissions of hazardous substances resulting from animal waste.  EPA stated that while the agency is evaluating possible changes to the reporting requirements for emissions from animal waste, the guidance material is intended to help farmers comply with the current requirements.  Accordingly, the deadline for the reporting of air emissions of hazardous substances from animal waste at farms is currently set for November 15, 2017.

Bankruptcy: Family Farmer Bankruptcy Clarification Act Becomes Law

On October 26, 2017, President Donald Trump signed into law the Family Farmer Bankruptcy Clarification Act of 2017.  Introduced as S. 1237, the legislation was an addition to an appropriations bill, H.R. 2266.  According to the bill’s cosponsor, Senate Judiciary Committee Chairman Chuck Grassley of Iowa, the legislation “clarifies that bankrupt family farmers reorganizing their debts are able to treat capital gains taxes owed to a governmental unit, arising from the sale of farm assets during a bankruptcy, as general unsecured claims.” Additionally, the legislation “removes the Internal Revenue Service’s veto power over a bankruptcy reorganization plan’s confirmation.” Senator Grassley, stated that the legislation “corrects a Supreme Court ruling (Hall v. United States) that made it harder for family farmers to reorganize their finances when they fall on hard times.”

Herbicides: Bayer Seeks to Deregulate GE Cotton Resistant to Glyphosate and Isoxaflutole

On October 27, 2017, the U.S. Department of Agriculture Animal and Plant Health Inspection Service (APHIS) published notice in the Federal Register that Bayer CropScience, LP (Bayer) was seeking the deregulation of cotton genetically engineered (GE) to resist the herbicides glyphosate and isoxaflutole (82 FR 49782).  According to APHIS, the GE cotton is designated as event GHB811.  APHIS stated that Bayer’s petition was being made available for review and comment to help the agency to “identify potential environmental and interrelated economic issues.” Accordingly, the comment period regarding the deregulation of GHB811 ends on December 26, 2017.

Labeling: FDA Seeks to Revoke Soy Protein Health Claim

On October 30, 2017, the U.S. Food and Drug Administration (FDA) announced a proposed rule that would revoke a health claim linking consumption of soy protein with a reduced risk of heart disease.  According to the FDA, “[w]hile some evidence continues to suggest a relationship between soy protein and a reduced risk of heart disease…the totality of currently available scientific evidence calls into question the certainty of this relationship.” FDA stated that if the proposed rule is finalized, “the agency intends to allow the use of a qualified health claim as long as there is sufficient evidence to support a link between eating soy protein and a reduced risk of heart disease.”

Pennsylvania Legislation

• HB 790 Legislation repealing the Noxious Weed Control Law (Act 74 of 1982) and replacing it with the Controlled Plant and Noxious Weed Act (Act 46) (Approved by the Governor  October 30, 2017) 

AgLaw HotLinks:

• Canadian Perspective: U.S. Dairy Has More to Lose Than Gain in NAFTA – Ag Web
• EFSA says wild birds spread avian flu to E.U. member states – Food Safety News
• Beef checkoff launches #RethinkTheRanch campaign – Beef Producer
• Reducing environmental impact of cow waste – Feedstuffs
• Ag groups see Goodlatte’s ag guestworker bill as first step – Feedstuffs
• Organic Valley Plans to be 100% Powered by Green Energy – Dairy Herd Management
• The advent of 'green' cattle – EurekAlert
• Farmers’ Markets are Beloved, but the Government May Cut Their Funding - Civil Eats
• Insect Armageddon – The New York Times
• Will CRISPR-Cas kick start a new Green Revolution? – Ag Pro   
• What's Next for WOTUS? – Ag Web   

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Stay informed with our monthly Agricultural Law Brief located here.

For a comprehensive summary of daily judicial, legislative, and regulatory developments in agriculture and food, visit The Ag & Food Law Blog.

Agricultural Law Weekly Review—October 26, 2017

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:

Labor: Judiciary Committee Passes AG Act

On October 25, 2017, Ag Web reported that the U.S. House Judiciary Committee passed Chairman Bob Goodlatte’s (R-VA) Agricultural Guestworker Act.  Known as the Ag Act, the proposed legislation would replace the current H-2A Guestworker program with a new H-2C Guestworker program.  According to the report, the version of the Ag Act passed by the committee differed from the originally introduced legislation in the following ways: (1) prior to the official enactment of H-2C, undocumented workers are not protected from enforcement; (2) the number of H-2C workers is reduced from 500,000 to 450,000; (3) H-2C workers need to have health insurance; (4) the Department of Homeland Security will still maintain H-2A responsibilities; and (5) green cards will not be set-aside for experienced workers.

FSMA: FDA Releases FSMA Preventive Control Guidance Documents

On October 19, 2017, the U.S. Food and Drug Administration (FDA) announced the availability of Food Safety Modernization Act (FSMA) guidance documents for the Preventive Controls for Animal Food rule and the Preventive Controls for Human Food rule.  According to FDA, the first document will help animal food establishments determine when they are subject to the Current Good Manufacturing Practice requirements in the Preventive Controls for Animal Food rule.  FDA stated that the second document addresses the “solely engaged” exemptions contained in the Preventive Controls for Human Food and Preventive Controls for Animal Food rules.

Herbicides: Monsanto Files Complaint Regarding Arkansas Dicamba Ban

On October 20, 2017, Brownfield Ag News reported that Monsanto has filed a complaint in an Arkansas court regarding the Arkansas Plant Board’s decision to reject “Monsanto’s petition to stop that state’s ban on the company’s XtendiMax dicamba herbicide for 2018.”  According to the report, Monsanto alleges that the Arkansas Plant Board erred by failing to take into consideration “extensive volatility data provided to it – including data that the EPA used in its registration decision.”

Herbicides: EU parliament votes to ban glyphosate

On October 24, 2017, France 24 reported that the European Parliament has voted to ban the use of glyphosate in the European Union by 2022.  According to the report, the action by the European Parliament is non-binding, but may serve to influence the European Commission which recently recommended extending the licensing of glyphosate for an additional ten years. The report stated that the European Commission’s recommendation to extend the use of glyphosate currently awaits approval by the twenty eight European Union member states.

Farmland Preservation: Pennsylvania Announces the Preservation of 44 New Farms

On October 13, 2017, the Pennsylvania Department of Agriculture (PDA) announced that the Pennsylvania Agricultural Land Preservation Board has placed 3,620 acres on 44 farms into the Pennsylvania farmland preservation program. PDA stated that the newly preserved farmland is located in Adams, Berks, Bucks, Butler, Chester, Cumberland, Dauphin, Erie, Franklin, Greene, Lancaster, Lawrence, Lehigh, Lycoming, Mercer, Monroe, Montgomery, Northampton, Washington and Westmoreland counties.  According to PDA, under the Pennsylvania farmland preservation program, which began in 1988, “federal, state, county and local governments have invested nearly $1.4 billion to preserve 542,800 acres on 5,213 farms in 59 counties for future agricultural production.”

Pennsylvania Legislation

House Rules Committee

• HB 790 Legislation to repeal the Noxious Weed Control Law (Act 74 of 1982) and replace it with the Controlled Plant and Noxious Weed Act (Referred to committee October 18, 2017)

Agriculture and Rural Affairs (S), Appropriations (S) and Education (S)

• Joint public hearing on the impact of the failure to fund the state-related institutions of higher education, the agricultural research and extension programs and the veterinary medicine school (October 25, 2017)

Pennsylvania Actions and Notices

Department of Agriculture

• Vegetable Marketing and Research Program
• Pennsylvania Malt and Brewed Beverage Industry Promotion Board; grant solicitation announcement and application procedures

Game Commission

• Chronic wasting disease—designation of disease management areas and endemic states and Canadian provinces order # 3

State Conservation Commission

• Action on odor management plans for concentrated animal operations and concentrated animal feeding operations and volunteers complying with the Commonwealth's Facility Odor Management Program

AgLaw HotLinks:

• Vidalia onion farmer ordered to pay $1.4M in overtime suit – Ag Web
• Deere wins lawsuit to protect green and yellow colors – Farm and Dairy
• GIPSA Withdrawal Draws Ire From Senators – Drovers
• Ag attorney encourages farmers to become familiar with H2-A program – Brownfield
• Investments in Beginning Farmer Training are paying off – National Sustainable Agriculture Coalition
• RMI Reveals Greatest Banking Threat is Farm Foreclosures – Ag Web
• Number of illnesses from backyard flocks breaks record – Food Safety News
• EPA Administrator Reinforces Support of RFS to Senators – Ag Web
• The Emergence of Urban Agriculture - Ag Web
• How will climate change impact animal ag in Northeast? – Farm and Dairy
• Oklahoma beef checkoff referendum process challenged – Feed Stuffs
• Expelling Immigrant Workers May Also Send Away the Work They Do – The New York Times
• Supersized Family Farms Are Gobbling Up American Agriculture – The Wall Street Journal

Listen to our new Agricultural Law Podcast by clicking here!

Follow us on Twitter at PSU Ag & Shale Law (@AgShaleLaw) to receive AgLaw HotLinks

Connect with us on Facebook! Every week we will post the CASL Ledger which details all our publications and activities from the week.

Stay informed with our monthly Agricultural Law Brief located here.

For a comprehensive summary of daily judicial, legislative, and regulatory developments in agriculture and food, visit The Ag & Food Law Blog.

Monsanto Facing Lawsuits for Glyphosate Exposure

Written by Tyler R. Etter

Two lawsuits have been brought against Monsanto, alleging that the company’s herbicide Roundup (glyphosate) caused their cancers. The suits have been filed in federal court in New York and California.

The complaints state that Monsanto has misled consumers regarding the safety of their herbicide, and are seeking punitive damages for harm caused by exposure to the products. Both complaints cite the recent report by the United Nation’s World Health Organization’s International Agency for Research on Cancer (IRAC) report about the safety of glyphosate. The IRACreport listed glyphosate as potentially carcinogenic to humans. The complaints allege that this report is proof that Monsanto has been misrepresenting the safety of glyphosate to consumers.

Monsanto has called the suits baseless, and claims that the IRAC report is unwarranted and misleading. The company cites more than 30 years of research and safety reviews from around the world that found glyphosate safe, when used as instructed.

The claims alleged are broad, based in strict liability, negligence, and failure to warn. The plaintiffs claim that Monsanto has known for decades that the products were unsafe, and concealed this information from the public. They want the case to be decided by a jury, as they feel punitive damages are appropriate for Monsanto’s actions.

WHO Evaluates Carcinogenicity of 2,4-D Herbicide

On June 22, 2015 the World Health Organization’s International Agency for Research on Cancer (IARC) released an evaluation on the carcinogenicity of the herbicide 2,4-dichlorophenoxyacetic acid (2,4-D).

2,4-D, introduced in 1945, has been widely used to control weeds in agricultural, forestry, urban, and residential settings. Occupational exposure occurs during the manufacturing and application of the herbicide and the general public can be exposed through food, water, dust, and residential application. According to the report, humans expel 2,4-D mostly unchanged through urine.

The IRAC has evaluated 2,4-D to be “possibly carcinogenic to humans”, with “inadequate evidence in humans” and “limited evidence in experimental animals.” IRAC states that there is strong evidence that 2,4-D induces oxidative stress, as well as moderate evidence that 2,4-D can cause immunosuppression. The study did not find strong or consistent increases in cancer risks as a result of exposure to 2,4-D.

The IRAC also evaluated the insecticides lindane and DDT, categorizing the two as “carcinogenic to humans” and “probably carcinogenic to humans” respectively.

The summary of the evaluations can be found here. The full evaluations will be published as Volume 113 of the IARC Monographs. 

Written by Tyler R. Etter- Research Assistant

June 23, 2015