Agricultural Law Weekly Review—October 19, 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:

GIPSA: USDA Withdraws Proposed GIPSA Rule

On October 18, 2017, the U.S. Department of Agriculture (USDA) published notice in the Federal Register that the agency was withdrawing the Grain Inspection, Packers and Stockyards Administration (GIPSA) rule proposed on December 20, 2016 (82 FR 48603).  According to the USDA, the proposed rule was intended to clarify unfair, unjust, or deceptive practices and to determine when such practices resulted in unfair advantages for packers, swine contractors, or live poultry dealers.  The USDA stated that as a result of withdrawing the proposed rule, the agency will continue the approach of determining “unfair and deceptive practices on a case-by-case basis.”

Immigration: DOJ and DOS Announce Partnership to Fight Visa Fraud

On October 11, 2017, the U.S. Departments of Justice (DOJ) and State (DOS) announced a formal partnership between the two agencies for the purpose of fighting employer visa fraud.  According to the announcement, the agreement provides for the DOJ’s Civil Rights Division and the DOS’s Bureau of Consular Affairs to share information on employers who may be “engaging in unlawful discrimination, committing fraud, or making other misrepresentations in their use of employment-based visas, such as H-1B, H-2A, and H-2B visas.” According to the DOJ, the goal of the partnership is to hold accountable those employers that discriminate against U.S. workers through the favoring of foreign visa workers.  

Pesticides: EPA Announces Label Changes for Dicamba Use

On October 13, 2017, the U.S. Environmental Protection Agency (EPA) announced that the agency has reached a voluntary agreement with Monsanto, BASF and DuPont to provide new label requirements for dicamba application to growing plants.  Known as "over the top" use, under the new requirements, labels will state: (1) application is permitted only by certified applicators, (2) farmers must maintain specific records, (3) application is limited wind speeds below 10 mph, (4) application is limited to certain times during the day, (5) tank clean-out language, and (6) language regarding enhanced susceptible crops and record keeping with sensitive crop registries.  The EPA stated that the manufacturers have agreed to have the new labeling ready for use in the 2018 season.

Chesapeake Bay: Pennsylvania Announces Hundreds of Farmers to Receive Reimbursement for Clean Water Plans

On October 13, 2017, the Pennsylvania Department of Environmental Protection (DEP) announced plans to reimburse a minimum of 800 Pennsylvania farmers for the cost of preparing agricultural plans for clean water.  According to the DEP, in an effort to help the Commonwealth meet the Environmental Protection Agency’s water pollution mandated targets for the Chesapeake Bay, state law requires that farmers implement one of the following: (1) a manure management plan, (2) a nutrient management plan, or (3) an agriculture erosion and sediment control plan.  Additionally, in certain circumstances, a farmer may be required to implement more than one of these plans.  Costs to prepare the various plans can range from $500 to $1,500 depending on the size of the farm.  The DEP asserted that while a minimum of 800 plans will be reimbursed, the department could potentially cover the costs of 2,200 plans.  The DEP stated that farmers are eligible for reimbursed for plans developed after January 1, 2017.

Soda Tax: Cook County Illinois Repeals Soda Tax

On October 11, 2017, the Chicago Sun Times reported that the Cook County Board of Commissioners voted 15-2 to repeal the county’s 1 cent an ounce tax on sweetened beverages.  Passed in November 2016, the sweetened beverage tax went into effect August 2, 2017.  According to the article, the elimination of the sweetened beverage tax will result in anticipated $200 million budget short-fall for the county, which includes the city of Chicago.

Pennsylvania Legislation

Pennsylvania Senate

• HB 790  Controlled Plant and Noxious Weed Act (amended on third consideration by Senate, October 17, 2018)

Environmental Resources and Energy (S)

• SB 799 Legislation to create a program for Pennsylvania municipalities and municipal separate storm sewer systems (MS4s) to meet their taxpayer funded Chesapeake Bay nutrient reduction mandates (reported for first consideration by Senate, October 17, 2017)

Agriculture and Rural Affairs (H) and Agriculture and Rural Affairs (S)

• Joint informational meeting on Spotted Lanternfly (October 18, 2017)

Pennsylvania Actions and Notices

State Horse Racing Commission

• Equine veterinary practices
• Horse positives—judges'/stewards' list; ineligibility to race
• Prohibited practices
• Selection or drawing of horses; re-draw provision

 AgLaw HotLinks:

• Food safety, animal activists sue Iowa over 2012 ‘ag-gag’ law – Food Safety News
• Penn State: Organic Markets Quietly Trembling? – Farm Journal’s MILK
• Farmers for Free Trade: ‘We Need More Trade, Not Less – Brownfield
• Ohio hands out fines over fish kills caused by farm manure – Ag Web
• Michigan Legislature Votes To Ban Local ‘Sin Taxes’ On Food, Beverages – CBS Detroit
• Perdue: Trump Tax Plan Will "Ease Burden" on Ag-Related Jobs – Ag Web
• How John Deere and Cornell can ensure big data benefits farmers and the environment – Environmental Defense Fund
• Ag losses from Irma estimated at over $2.5b – Feedstuffs
• Industry optimistic about Supreme Court hearing on WOTUS jurisdiction – Feedstuffs
• Will the sun go down on NAFTA? - National Hog Farmer  
• Report to Congress on Dairy & Fluid Milk Promotion & Research Programs – USDA AMS
• Opponents say USDA reorganization has multiple problems – Food Safety News
• Four scenarios if Trump tries to pull out of NAFTA – Ag Web     

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.

Agricultural Law Weekly Review—October 12, 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: Agricultural Guestworker Legislation Delayed

On October 4, 2017, Brownfield Ag News reported that House Judiciary Committee Chairman Bob Goodlatte’s (R-Va.) proposed Agricultural Guestworker Act has experienced a committee dely.  Introduced in the House on October 3, 2017, the offered legislation would create a new agricultural guestworker program for U.S. farmers and ranchers.  Prior to the delay, Chairman Goodlatte’s bill had been scheduled to go to the Judiciary Committee for markups on October 4, 2017.  No rescheduling of the legislation with the Judiciary Committee was announced.  

Labor: Pennsylvania Announces New Agricultural Apprenticeship Program

On October 10, 2017, the Pennsylvania Department of Agriculture (PDA) announced the creation an agricultural equipment service technician apprenticeship program.  According to PDA, the program will help students acquire “Jobs that Pay” through the development of “hands-on skills in science, technology, engineering, and math.”  Sponsored by the Northeast Equipment Dealers Association, the program is also intended to resolve anticipated workforce shortfalls resulting from the retirement of more than 1,000 of Pennsylvania’s agricultural equipment service technicians by 2027.    

Food Safety: San Francisco to Require Large Grocery Stores to Disclose Antibiotics in Meat

On October 3, 2017, the San Francisco Examiner reported that the San Francisco Board of Supervisors has approved an ordinance requiring that large grocery stores in the city submit annual reports detailing the use of antibiotics in raw meats and poultry products.  According to the ordinance, antimicrobial drugs found in meat and poultry pose an environmental and public health threat by allowing antibiotic-resistant bacteria to multiply and spread.  The ordinance seeks to reduce this threat by requiring grocery stores operating in the city, which also own or operate 25 or more grocery stores anywhere, to annually report antimicrobial information to the Department of the Environment (Department).  Upon receiving the annual reports, the Department will make public the information through publication on its website.

Labor: California Enacts Legislation to Limit Immigration Enforcement

On October 5, 2017, California Governor Jerry Brown signed into law legislation preventing employers from allowing immigration enforcement agents onto the employer’s private business property without a judicial warrant.  Additionally, the law requires that upon receiving notice of an immigration agency inspection of employment records, employers have 72 hours to notify workers of the scheduled inspection.  Failure to follow the law could result in penalties ranging from $2,000 to $5,000 for a first violation and from $5,000 to $10,000 for each subsequent violation.

Conservation: USDA to Temporarily Suspend Acceptance of New Conservation Reserve Program Offers

On October 6, 2017, the U.S. Department of Agriculture (USDA) announced that the agency will temporarily suspend the acceptance of new offers for land enrollment in the Conservation Reserve Program (CRP) until later in the 2018 fiscal year.  According to USDA, the reason for the temporary suspension of new offers is to avoid exceeding CRP’s 24 million acre statutory limit.  USDA did state, however, that except for offers made under the Pollinator Habitat Initiative, the agency will approval all eligible CRP continuous enrollment offers that were extended through Sept. 30, 2017. 

International Trade: USDA Withdraws Changes to Apple and Grape Exporter Reporting

On October 5, 2017, the U.S. Department of Agriculture (USDA) Agricultural Marketing Service announced the agency was withdrawing proposed changes to the regulations governing how apple and grape exporters report certificate information.  According to the announcement, the proposed changes would have mandated that apple and grape exporters submit export certification information electronically into the U.S. Census Bureau’s Automated Export System.  Additionally, under the proposed changes, the regulations would have provided for a definition of the term “shipper” and transferred the certificate retention requirement from carriers to shippers.  According to USDA, the decision to withdrawal the proposed changes was based upon public comments received by the agency.

                 

Pennsylvania Legislation

Agricultural and Rural Affairs (S) and Agricultural and Rural Affairs (H)

• Joint informational meeting to discuss the Spotted Lanternfly, a non-native species with the potential to greatly impact the grape, tree fruit, plant nursery, hops and logging industries; quarantines have been established in Berks, Bucks, Chester, Lehigh, Montgomery and Northampton Counties and there is growing concern regarding its spread (October 18, 2017, Hearing Room 1 North Office Bldg. 9:00 AM)

AgLaw HotLinks:

• USDA Invests in 48 Projects in Local Watersheds to Protect Communities and Vital Infrastructure – USDA NRCS
• California’s Egg Laws Affecting Production, Prices – Feedstuffs
• U.S. endorses Dairy Declaration of Rotterdam – Feedstuffs
• Ag Data: Who is Driving the Bus? – Ag Web
• USDA Wants to Hear from Stakeholders about Statistical Programs – USDA National Agricultural Statistics Service
• Japan Sees Little Reason So far to Revise GE Labeling – USDA Foreign Agricultural Service
• The Jamaican Apple Pickers of Upstate New York – The New York Times
• US Agriculture Often Bears the Cost of Trade Disputes – University of Illinois at Urbana-Champagne, Farmdoc Daily
• Dicamba latest: Monsanto responds to Arkansas Plant Board actions – Delta Farm Press
• Chicago hates the soda pop tax; repeal vote likely this week – Food Safety News
• Poor Nations Need Farm Investment or Face Importing More Food – Bloomberg
• Three quarters of honey worldwide contain pesticides study finds- Food Navigator         

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.

Agricultural Law Weekly Review—May 25, 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:

Menu Labeling: New York City Announces Upcoming Enforcement of New Menu Labeling Rules

On May 18, 2017, New York City Mayor Bill de Blasio “announced that all New York City chain food retailers offering prepared foods, or ‘restaurant-type foods,’ will be required to post calorie counts on menu boards.” Additionally, the announcement stated that “chain restaurants and retailers will be required to have full nutritional information – not just calories – for standard menu items available on site, and they will have to post a statement about the daily recommended caloric intake of 2,000 calories.” Accordingly, on August 21, 2017, the New York City Departments of Health and Consumer Affairs “will begin issuing notices of violation subject to fines for not following the updated rule.”

Drones: Court Rules against Registration of “Model” Aircrafts

On May 18, 2017, Air & Space reported that the Court of Appeals for the District of Columbia has determined “that the FAA’s registration system for small unmanned aircraft was illegal as applied to ‘model’ aircraft.” According to the report, the court determined that the registration program violated the FAA Modernization and Reform Act of 2012 which states in Section 336 that FAA “may not promulgate any rule or regulation regarding a model aircraft.” The report stated, however, that “[t]he ruling did not affect any aircraft operated for commercial operations under Section 333 or Part 107, so drones of any size operating for business…still have to register.”

International Trade: President Sends Congress Notice of NAFTA Renegotiation

On May 18, 2017, The New York Times reported that “[t]he Trump administration gave Congress official notice…that it plans to renegotiate Nafta.” According to the report, “[i]n a brief letter to lawmakers, Robert Lighthizer, the newly confirmed United States trade representative, said the administration aimed to support economic growth and better-paying jobs through unspecified improvements to Nafta that would modernize the 23-year-old agreement.” According to the report, President Trump “had threatened to withdraw completely from the agreement, only to relent in late April when the leaders of Canada and Mexico, the other parties to the deal, called and asked him to renegotiate instead.”

Immigration Enforcement: ICE Arrests in 2017 Increase by Nearly 40 Percent

On May 17, 2017, Reuters reported that “U.S. arrests of suspected illegal immigrants rose by nearly 40 percent in the first 100 days of Donald Trump's presidency, following executive orders that broadened the scope of who could be targeted for immigration violations.” The report stated that according to the acting director of Immigration and Customs Enforcement (ICE) Thomas Homan, “arrests by his agency jumped to 41,318 between January 22 of this year and the end of April, up from 30,028 arrests in roughly the same period last year.” According to the report, “[o]f those arrested almost two-thirds had criminal convictions.” The report stated, however, that there “was also a significant jump - of more than 150 percent - in the number of immigrants not convicted of further crimes arrested by ICE: 10,800 since the beginning of the year compared to 4,200 non-criminal arrests in the same period in 2016.”

Food Safety: SCOTUS Rejects Appeal of DeCoster Sentencing

On May 23, 2017, The Des Moines Register reported that the U.S. Supreme Court declined to hear the appeals of Austin "Jack" DeCoster and his son, Peter DeCoster whose Iowa-based egg production company caused a significant salmonella outbreak in 2010.  According to the report, in 2015, the father and son were each sentenced to three months in prison because “they knew or should have known about the risks posed by the presence of salmonella in and around millions of egg-laying hens.” The sentencing judge, however, “allowed the DeCosters to stay free while they appealed the sentences, which they argued were unconstitutional and unreasonably harsh.” The report stated that according to the U.S. Supreme Court, the DeCosters cannot further appeal their sentences.

Industrial Hemp/Cannabis: Washington State Governor Signs Organic Marijuana and Industrial Hemp Legislation

On May 17, 2017, Reuters reported that Washington Governor Jay Inslee has “signed a bill that paves the way for the state to create what is believed to be the first system in the United States to certify marijuana as organic.” According to the report, the new legislation "creates a voluntary program for the certification and regulation of organic marijuana products" which is “to be administered by the Washington agriculture department.” Additionally, the report stated that “[w]hile it is legal for adults to smoke marijuana in Washington, it is not legal to grow industrial hemp.”  As a result, the new legislation will now provide “for the study of a method to allow hemp to be grown and used for industrial purposes.”

Industrial Hemp/Cannabis: South Carolina Legalizes Industrial Hemp

On May 20, 2017, The State reported that South Carolina has passed legislation legalizing the growing of industrial hemp.  According to the report, “Soon, perhaps this summer, the S.C. Department of Agriculture and the State Law Enforcement Division will issue 20 licenses to grow crops on up to 20 acres as a pilot program.” The report stated that to receive a license, a grower must: (1) pass a State Law Enforcement Division background check; (2) work with an in-state research university to develop and market the products; and (3) have a contracted buyer for the hemp.

Industrial Hemp/Cannabis: First Medical Marijuana Cultivation License Awarded in Maryland

On May 18, 2017, Marijuana Business Daily reported that “[t]he Maryland Medical Cannabis Commission gave final approval to the first company to win a cultivation license under the state’s MMJ program.” According to the report, “[t]he announcement…comes nine months after the state revealed 15 preliminary license winners, underscoring the slow rollout of Maryland’s medical cannabis program.” The report stated that the other 14 preliminary license “winners are still undergoing background checks, completing facility buildouts, and obtaining local zoning approval, according to a news release from the commission.” 

Industrial Hemp/Cannabis: Colorado Law Protects Hemp Farmers Who Use Federal Water

On May 22, 2017, The Journal reported that Colorado Governor John Hickenlooper has “sign[ed] a bill protecting hemp farmers who use water stored in federal reservoirs.” According to the report, “Colorado legalized growing hemp in 2014, but it is still banned at the federal level, creating complications when water from a federal project is used to water it.” As a result, Colorado law makers passed SB 117, entitled Recognize Industrial Hemp Agricultural Product for Agricultural Water Right, which permits Colorado water right holders the right to use the water “on hemp if the person is registered by the state to grow hemp for commercial, or research purposes.”

Food Safety: FDA Announces Updated Produce Safety Network page

On May 23, 2017, the U.S. Food & Drug Administration (FDA) issued an update to the agency’s Produce Safety Network page.  Accordingly, the updated page, entitled Building the Produce Safety Network, now includes a directory of regional network representatives.

Pennsylvania Legislation

House of Representatives

·         HB 790: An Act regulating controlled plants and noxious weeds (Passed by House – May 22, 2017)

Agricultural and Rural Affairs Committee (House)

·         HB 944: Amending the Public School Code to further provide agricultural education and providing for Commission for Agricultural Education Excellence (Referred to committee – May 19, 2017)

AgLaw HotLinks:

·         Got Milk? Too much of it, say U.S. dairy farmer - MarketWatch

·         Sec. Perdue says NAFTA will be ‘a better deal’ for farmers, ranchers - Meatingplace

·         Chicken chain commits to GAP welfare standards - Meatingplace

·         US appeals court sidesteps key ruling with MMJ business owner - Marijuana Business Daily

·         Plant-based milk debate heats up as state regulators weigh in at NCIMS meeting - Food Navigator USA

·         H-2A Guest Worker Visa Set Another Record - Brownfield Ag News

·         FDA asked to allow interstate sales of raw milk with warnings - Food Safety News

·         CDC: Raw Milk, Cheese Cause Almost All Dairy Foodborne Illness - Food Safety Magazine

·         USDA Secretary Sonny Perdue Defends Elimination of Rural Development Mission Area - National Sustainable Agriculture Coalition blog

·         Canadian lawmakers derail GMO labeling bill - Food Chemical News

·         Town opposes bill that would expand farm use to weddings, concerts - The Jamestown Press

·         American Heart Association: A clean label doesn't necessarily make for a 'healthy' product - Food Navigator USA

·         The USDA Expands Pilot Margin Protection Crop Insurance Program - Brownfield

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.