Agricultural Law Weekly Review—May 5, 2016

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:

HPAI: Indiana Lifts Final Avian Influenza Quarantine

On May 2, 2016, the Indiana State Board of Animal Health issued a press release announcing that “[t]he last remaining quarantine associated with the highly pathogenic avian influenza (HPAI) cases identified in Dubois County, Ind. has officially been lifted.” According to the press release, “[t]his quarantine release coincides with the state achieving avian influenza-free status, after logging 90 consecutive days with no new cases of the poultry disease.”

FSMA: FDA Issues Corrections to Final Rule Regarding Standards for the Growing, Harvesting, Packing, and Holding of Produce for Human Consumption

On May 3, 2016, the Food and Drug Administration (FDA) published notice in the Federal Register that the agency was amending a final rule published in Federal Register on November 27, 2015 (81 FR 26466).  According to FDA “[t]hat final rule established science-based minimum standards for the safe growing, harvesting, packing, and holding of produce, meaning fruits and vegetables grown for human consumption.”  FDA stated that “[t]he final rule published with some editorial and inadvertent errors…[and that] [t]his document corrects those errors.”

Beef Checkoff: Suit Filed Against USDA for Use of Checkoff Tax

On May 2, 2016, the Ranchers-Cattlemen Action Legal Fund, United Stockgrowers of America (R-CALF USA) brought suit against the United States Department of Agriculture (USDA) alleging that USDA “turns over proceeds from a federal tax on each sale of cattle to the private Montana Beef Council, to fund the council’s private speech, harming R-CALF USA’s members.” According to the complaint, R-CALF USA stated that the production methods of its members “stand in contrast to those used by large, multinational producers who source much of their cattle and beef internationally.” As a result, R-CALF USA asserted “its members object to and disagree with communications espousing that all beef is equal and/or that fail to distinguish between domestic and foreign beef.”

Crop Insurance: USDA Announces Funds Available for Risk Management Education

On May 5, 2016, the United States Department of Agriculture's Risk Management

Agency issued a press release announcing the availability of $4.4 million in funding for the Crop Insurance in Targeted States Program.  According to the press release, “[t]he program backs development of crop insurance education programs where there is a low level of federal crop insurance participation and availability.” The press release stated that the “targeted states are Alaska, Connecticut, Delaware, Hawaii, Maine, Maryland, Massachusetts, Nevada, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Utah, Vermont, West Virginia and Wyoming.”

Agricultural Law Weekly Review—March 31, 2016

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:

Water: Study Says Agriculture Needs to do more to Reduce Phosphorous in Lake Erie

On March 22, 2016, the University of Michigan announced the release of a computer modeling study which concluded that phosphorus runoff from farms, particularly those in the “heavily agricultural Maumee River watershed,” has led to harmful algae blooms in Lake Erie.  According to the press release, to combat this issue, the study recommended the “require[d] widespread use of strong fertilizer-management practices, significant conversion of cropland to grassland and more targeted conservation efforts.” Disputing the results of the study, the industry group Agricultural Leaders of Michigan stated that the study “relies on data that is more than 15 years old…ignores consistent decreases in phosphorus applications by Michigan agriculture in recent years..[and] assumes that farmers and growers today use the same methods that we used decades ago.” Relatedly, on March 28, 2016, the U.S. Department of Agriculture announced a $41 million initiative to help Ohio, Michigan, and Indiana farmers implement conservation measures so as to reduce runoff in the Western Lake Erie Basin waterways.

Labor: California Reaches Agreement to Raise Minimum Wage

On March 28, 2016, California Governor Edmund G. (Jerry) Brown issued a press release announcing that an agreement had been reached to raise the state’s minimum wage rate to $15 an hour.  According to the press release, “[u]nder the plan, minimum wage will rise to $10.50 per hour on January 1, 2017 for businesses with 26 or more employees, and then rises each year until reaching $15 per hour in 2022.” According to the Governor, employers with 25 or fewer employees will be allowed additional time “to phase in the increases.” Finally, the press release stated that “[o]nce the minimum wage reaches $15 per hour for all businesses, wages could then be increased each year up to 3.5 percent (rounded to the nearest 10 cents) for inflation as measured by the national Consumer Price Index.”

Antibiotics: Advisory Council to Meet and Vote on Antibiotic Use in Food Animals

On March 30-31, 2016, the Presidential Advisory Council on Combating Antibiotic-Resistant Bacteria (PACCARB) was scheduled to hold a public meeting to deliberate and vote on the findings and recommendations of PACCARB’s working groups'.  Slated for deliberation and vote was Draft Report 1: Initial Assessment of the National Action Plan for Combating Antibiotic-Resistance Bacteria, a document which provides recommendations regarding antibiotic use in food animals.  According to Draft Report I, efforts should be made to: 1)”Work toward consensus processes for establishing metrics for the appropriateness of antibiotic use, especially antibiotics used for preventative purposes;” 2) “Work to insure such metrics are interpreted appropriately by all stakeholders when the required data become available;” and 3) “Reconcile concerns about confidentiality of producers and specific farms.”  

Food Safety: British Company Applies to use Gut Bacterium as Food Additive

On March 22, Solution Sciences Ltd. (SSL), a British manufacturer of soft drinks, submitted an application to the United Kingdom’s Food Standards Agency (FSA) for the approved use of bacterium M. arum as a food ingredient in the European Union.  According to FSA, “M. aurum is an environmental mycobacterium that lives harmlessly in the environment and can also be found in the gut of humans and animals as part of the normal gut microflora.” According to SSL’s application, because “we all live far too hygienically and at an increasing distance from our natural ‘green’ environment,” the use of M. aurum as a food additive offers the potential to restore natural “exposure to an important group of pseudocommensals; namely, the mycobacteria.”

Agricultural Law Weekly Review – February 26, 2016

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:

Pipelines: Judge Orders Arrest of Anyone Interfering with Cutting of Trees for Pipeline

On February 22, 2016, United States District Court Middle District of Pennsylvania Judge Malachy E. Mannion issued an order in favor of Constitution Pipeline Company’s (Constitution) clearing of trees for a natural gas pipeline (Case No.3:14-cv-02458-MEM).  According to the court, previous protestors had interfered and prevented Constitution from safely cutting trees for the construction of a pipeline.  In response, Judge Mannion ordered the arrest of any unauthorized individual on the property in question “that interferes with Constitution’s tree felling operation by being within 150 feet of a tree being cut down.” For more information on this topic, please see previous Penn State Agricultural Law Blog article.   

Crop Insurance: Safety-Net Extended to Farmers Transitioning to Certified Organic

On February 18, 2016, the United States Department of Agriculture (USDA) issued a press release announcing that the department was expanding crop insurance to allow farmers transitioning to certified organic production the ability to insure certain transitional organic crops at the contract price.  USDA’s intent is to allow farmers transitioning to certified organic production the ability “to purchase insurance coverage that better reflects their products actual value.”  For more information on this topic, please see previous Penn State Agricultural Law Blog article.

GMO Labeling: Senate Ag Committee Takes-Up Draft Bill for Voluntary GMO Labeling

On February 19, 2016, U.S. Senator Pat Roberts, R-Kan., Chairman of the Senate Committee on Agriculture, Nutrition and Forestry (the Committee), issued a press release stating that “the Committee will hold a business meeting on Feb. 25 to consider the Chairman’s Mark on Biotechnology Labeling Solutions.  Officially titled, “To amend the Agricultural Marketing Act of 1946 to require the Secretary of Agriculture to establish a national voluntary labeling standard for bioengineered foods, and for other purposes,” the draft bill would pre-empt state laws regarding the labeling of Genetically Modified Organisms (GMOs).  On February 24, 2016, the Committee issued a press release stating that the business meeting to consider the draft bill had been postponed until the following week (beginning February 29, 2016).

HPAI: Indiana Lifts Poultry Control Area Restrictions

On February 22, 2016, the Indiana State Board of Health issued a press release announcing that “[t]he 6.2-mile (10 km) control area associated with the highly pathogenic avian influenza (HPAI) incident in Dubois County, Ind. was lifted today by the Indiana State Veterinarian.” According to the press release, because all farms in the control area had “consistently tested negative [for HPAI] throughout the 38-day period” established by United States Department of Agriculture guidelines, “[p]oultry owners, commercial and residential, in the area may now resume normal operations and movements of birds and poultry products.”

WOTUS: Sixth Circuit Declares Jurisdiction to Hear WOTUS Challenge  

On February 22, 2016, the United States Court of Appeals for the Sixth Circuit held that it had jurisdiction to hear the multi-circuit case, In re: U.S. Dep’t of Defense & U.S. Envtl. Protection Agency Final Rule:Clean Water Rule, which consists of twenty two “consolidated petitions challenging the validity of the ‘Clean Water Rule’ recently published by the U.S. Army Corps of Engineers and U.S. Environmental Protection Agency.” As a result of the decision, the case in question will proceed in the United States Court of Appeals for the Sixth Circuit.  For more information on this topic, please see previous Penn State Agricultural Law Blog WOTUS articles.