Agricultural Law Weekly Review—November 29, 2018

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:

Food Safety: FDA Issues Statement on Romaine Lettuce Outbreak Investigation

On November 26, 2018, U.S. Food and Drug Administration (FDA) Commissioner Scott Gottlieb issued a statement regarding the recent outbreak of E. coli O157:H7 infections related to the consumption of romaine lettuce.  According to the statement, since October 31, 2018, 43 cases of such illness have been reported in 12 states.  While FDA has not located the source of the outbreak, the agency asserted that hydroponically or greenhouse grown romaine lettuce does not appear to be affected.  According to Commissioner Gottlieb, the major producers and distributors of romaine lettuce have voluntarily agreed to label the product with a harvest location and a harvest date.  Additionally, the labels will indicate whether the product has been hydroponically, or greenhouse grown.  Commissioner Gottlieb stated that consumers should not eat or use any romaine lettuce that does not provide this information.

Labor: DOL Resolves Hiring Discrimination Cases Against Meat Processing Company

On November 15, 2018, the U.S. Department of Labor (DOL) announced a consent decree with meat processor JBS USA regarding alleged hiring discrimination practices at the company's beef processing facilities in Hyrum, Utah, and Cactus, Texas.  According to DOL, JBS USA discriminated against 12,625 individuals who had applied for general production laborer positions at the two facilities.  While the company has denied the allegations, under the consent decree, JBS USA has agreed to pay $4,000,000 to the 12,625 individuals.  Additionally, JBS USA has agreed to hire 1,664 of the applicants at the Hyrum and Cactus locations.

Water Quality: Penn State Researchers Explore Animal Agriculture in Western PA

On November 5, 2018, researchers at Penn State University reported that the establishment of animal agriculture in western Pennsylvania may someday help the state meet nutrient-reduction goals in the Chesapeake Bay watershed.  Located in the Susquehanna River basin, western Pennsylvania drains into the Ohio River system and does not face the water-quality limits established in the Chesapeake Bay watershed.  As a result, the researchers studied the regions potential for developing new animal agriculture facilities and related manure-management activities.  According to lead researcher Cibin Raj, the study is intended to be “a first step in exploring opportunities and challenges to developing animal agriculture in western Pennsylvania in a way that is both economically and environmentally sustainable.”

Animal Welfare: Group Sues USDA over Animal Food Product Labeling Requirements

On November 14, 2018, the Animal Welfare Institute (AWI) announced a lawsuit against the U.S. Department of Agriculture (USDA) due to the agency’s delay in responding to AWI’s 2014 petition regarding animal food product labeling requirements.  In the 2014 petition, AWI called on USDA “to amend labeling regulations under the Federal Meat Inspection Act and the Poultry Products Inspection Act to require independent third-party certification for the approval of animal welfare and environmental stewardship claims on meat and poultry products.” According to AWI, since its filing in 2014, USDA has failed to respond or take regulatory action to address the concerns raised in the petition.

Organic Agriculture: USDA Schedules National Organic Standards Board Meeting

On November 26, 2018, the U.S. Department of Agriculture (USDA) published notice in the Federal Register that the National Organic Standards Board (NOSB) will hold a public meeting on April 24-26, 2019, in Seattle, Washington (83 FR 60373).  According to USDA, NOSB “assists the USDA in the development of standards for substances to be used in organic production and advises the Secretary of Agriculture on any other aspects of the implementation of the Organic Foods Production Act.” NOSB will hear oral public comments during webinars scheduled for April 16 and April 18, 2019, and at the NOSB public meeting on April 24 and April 25, 2019.  The deadline for submission of written comments and webinar sign-up is April 4, 2019.   

From National Ag Law Experts:

“Ohio Agricultural Law Blog--The Ag Law Harvests”, Evin Bachelor, Ohio State University Extension (November 20, 2018)

“Elite Food Standards and More”, John R. Block, Ag/FDA Blog – Olsson Frank Weeda Terman Matz PC (November 21, 2018)

“Medicare Planning and Farm Assets”, Patrick B. Dillon, Dillon Law P.C. Blog (November 26, 2018)

Pennsylvania Actions and Notices:

Department of Agriculture

Pennsylvania Wine Marketing and Research Program Board; grant solicitation announcement and application procedures

State Board of Veterinary Medicine

Certified veterinary technicians and veterinary assistants

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

Pennsylvania Department of Agriculture:

“Farmers Invited to Take Part in Wholesaling Workshop This December”

“Wolf Administration Provides Year-End Update on Spotted Lanternfly, Encourages Hunters to Take Action”

“Pennsylvania Hunters Working Together to Provide Donated Venison to Help Feed Hungry”  

Penn State Research:

“'Scaring' soybeans into defensive mode yields better plants a generation later” – Penn State News

“Ground and stream water clues reveal shale drilling impacts” – Penn State News

AgLaw HotLinks:

“As Immigrant Farmworkers Become More Scarce, Robots Replace Humans” – The New York Times

“U.S. judge selects first case in federal Monsanto weed-killer litigation” – Reuters

“It may be harder to find the perfect Christmas tree” – Morning AgClips

“Bankers say ag sector to face continued headwinds” – Feedstuffs

“Nuisance lawsuits may threaten livestock farmers” – Farm and Dairy

“Farm bankruptcies are on the rise, and bankers worry that far more are on the way” – StarTribune          

Stay Informed:

Listen to our weekly Agricultural Law Podcast

Read our monthly Agricultural Law Brief newsletter     

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

Connect with us on Facebook to view our weekly CASL Ledger detailing Center publications and activities

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

Agricultural Law Weekly Review—March 8, 2018

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 Quality: Tyson Poultry Fined for Fish Killing Discharge

On February 27, 2018, the U.S. Department of Justice (DOJ) announced that a federal court has determined that Tyson Poultry Inc. (Tyson) must pay $2.5 million for violations of the Clean Water Act.  According to DOJ, Tyson caused the death of approximately 108,000 fish after illegally discharging the liquid food supplement Alimet at the company’s slaughter and processing facility in Monett, Missouri.  As a result of this action, Tyson was ordered to pay a $2 million criminal fine and $500,000 to directly remedy the harm.

Antitrust: FTC Opposes Smucker's Plan to Purchase Wesson Cooking Oil Line

On March 5, 2018, the Federal Trade Commission (FTC) announced that the agency has filed an administrative complaint opposing J.M. Smucker Co.’s (Smucker’s) proposed $285 million acquisition of Conagra Brands, Inc.’s Wesson cooking oil brand.  According to FTC, if the acquisition is consummated, Smucker’s would control 70% market for branded canola and vegetable oils sold at retail.  FTC alleged that Smucker’s market dominance would result in less negotiating leverage for retailers and higher prices for consumers.  Consequently, FTC requested that a federal court issue a temporary restraining order and a preliminary injunction preventing the merger prior to an administrative proceeding.

Labor: Meat Processor Fined for Violating Immigration and Nationality Act

On March 5, 2018, the U.S. Department of Justice (DOJ) announced a settlement agreement with meat processor West Liberty Foods L.L.C., for violations of the Immigration and Nationality Act (INA).  According to DOJ, West Liberty Foods routinely asked non-U.S. workers hired at its Bolingbrook, Illinois, meat processing plant to present employment authorization documents that the company did not require from its U.S. workers.  DOJ stated that under the anti-discrimination provision of the INA, employers may not subject “employees to more or different documentary demands based on employees’ citizenship, immigration status, or national origin.” As a result of announced settlement agreement, West Liberty Foods will: (1) pay a $52,100 fine; (2) provide INA anti-discrimination training for staff; (3) post INA anti-discrimination notices; and (4) be subject to DOJ monitoring for two years.

Water Quality: Perdue Foods Ordered to Pay Penalty for Wastewater Violations

On March 2, 2018, the Delaware Department of Natural Resources and Environmental Control (DNREC) announced an agreement with Perdue Foods regarding wastewater violations at the company’s Georgetown, Delaware, poultry processing facility.  According to DNREC, on several occasions in 2015, the Perdue Foods facility exceeded the effluent limits found in their National Pollutant Discharge Elimination System permit.  As a result, Perdue Foods was assessed an administrative penalty of $77,300 and $7,601 for department fees associated with the investigation.  DNREC stated that to offset a portion of the penalty, Perdue Foods has elected to convert 39 acres of farmland to forest.  The land conversion is intended to reduce nitrogen and phosphorus pollutant runoff into the Broadkill River.

National Ag Law Experts: Current Resources

• How Does the New Tax Law Act Impact Equipment Trades? – Kristine A. Tidgren, Iowa State University Center for Agricultural Law and Taxation
• The “F” in Schedule F: Filing as Farmer This Tax Season – Kelly Nuckolls, Maryland Risk Management Education Blog
• Definition of "Beer" in terms of ABV or ABW, by State – Amie Alexander & Harrison Pittman, National Agricultural Law Center 

Pennsylvania Case Law:

• S. Schwartz v. Chester County Agricultural Land Preservation Board and Arborganic Acres (183 and 226 C.D. 2017) (Court held that the Pennsylvania Agricultural Area Security Law does not provide a third party right to institute and prosecute an enforcement action) 

Pennsylvania Actions and Notices:

Department of Agriculture

• Pennsylvania Wine Marketing and Research Program Board; grant solicitation announcement and application procedures 

AgLaw HotLinks:

• Russia Accused of Spreading Anti-GMO Propaganda Online – Ag Web
• Bayer Selling Vegetable Seeds Business to Complete Monsanto Merger – Ag Pro
• Dairy Responds to UK Government’s Agricultural Policy Document – Dairy Reporter
• World food prices rise 1.1 percent in February: U.N. FAO – Reuters
• EU approval of Bayer’s bid for Monsanto reportedly in the offing – Food Navigator
• EPA eased herbicide regulations following Monsanto research, records show – St. Louis Post-Dispatch
• Why the URA is encouraging urban agriculture with its new Farm-a-Lot program – What’s Next For Pittsburgh?
• Do backyard chickens need more regulation? – Morning Ag Clips
• Where's the beef? The cell-cultured variety is still 'meat,' says attorney as cattlemen petition USDA over clean meat labeling – Food Navigator      

Stay Informed:

• Listen to our weekly Agricultural Law Podcast
• Read our monthly Agricultural Law Brief newsletter     
• Follow us on Twitter at PSU Ag & Shale Law (@AgShaleLaw) to receive daily AgLaw HotLinks
• Connect with us on Facebook to view our weekly CASL Ledger detailing Center publications and activities
• Visit The Ag & Food Law Blog for a comprehensive summary of daily judicial, legislative, and regulatory developments in agriculture and food

Agricultural Law Weekly Review—December 20, 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:

Publication Note: The Agricultural Law Weekly Review will not be published during the holiday week of December 25-29.  The next scheduled publication date will be January 4, 2018.

Labor: DOJ Settles Suit Alleging Agricultural Company Favored H-2A Workers over U.S. Citizens

On December 18, 2017, the Department of Justice (DOJ) announced a settlement with Crop Production Services Inc. (CPSI) regarding the company’s alleged favoring of foreign visa workers over U.S. citizens.  According to DOJ, CPSI violated the Immigration and Nationality Act by refusing to employ three qualified U.S. citizens who had applied for open seasonal agricultural laborer positions in 2016.  DOJ stated that CPSI used burdensome requirements to discourage the U.S. citizens from working at the company’s agricultural facility.  Consequently, CPSI filled all open positions with H-2A visa workers who were not subjected to the same requirements as the U.S. citizens.  Under the terms of the settlement, CPSI agreed to pay $10,500 in civil penalties to the U.S. government and $18,738.75 in lost wages to the affected U.S. citizens.  

National Organic Program: USDA Proposes Withdrawing Organic Livestock and Poultry Practices Rule

On December 18, 2017, the U.S. Department of Agriculture (USDA)  publish notice of the agency’s intent to withdraw the Organic Livestock and Poultry Practices (OLPP) proposed final rule published on January 19, 2017 (82 FR 59988).  Accordingly, the OLPP final rule, which is scheduled to become effective on May 14, 2018, addresses issues regarding: (1) livestock handling and transport for slaughter; (2) avian living conditions; (3) livestock care and production practices; and (4) mammalian living conditions.  USDA asserted that the proposed withdraw is the result of agency’s determination that the OLPP final rule exceeded USDA’s statutory authority under the Organic Foods Production Act.

Pesticides: EPA Determines Glyphosate Not Likely Carcinogenic to Humans

On December 18, 2017, the U.S. Environmental Protection Agency (EPA) announced the release of a draft human health and ecological risk assessments for the pesticide glyphosate.  According to EPA, the draft risk assessment provides a determination that glyphosate is “not likely carcinogenic to humans.”  Additionally, EPA asserted that when used according to the pesticide label, glyphosate has not been shown to cause any other “meaningful risks to human health.” EPA stated that in early 2018, the agency “will open a 60-day public comment period for the draft risk assessments, evaluate the comments received, and consider any potential risk management options…” 

Animal Welfare: 13 States Sue Massachusetts over Animal Confinement Law

On December 11, 2017, attorney generals from 13 states brought an action in the U.S. Supreme Court challenging Massachusetts’s Prevention of Farm Animal Cruelty Act (PFACA).  According to the action, PFACA impermissibly “attempt[s] to impose regulatory standards on farmers from every other state by dictating conditions of housing for poultry, hogs, and calves when their products will be offered for sale in Massachusetts.” The action alleges that by attempting to regulate farming in other states, PFACA violates the Commerce Clause.  Currently, PFACA is scheduled to go into effect on January 1, 2022.

Pennsylvania Actions and Notices

Department of Environmental Protection

• Board and committee meeting schedules for 2018 

AgLaw HotLinks:

• Informed Consumers Won’t Pay More For ‘Natural’ – Drovers
• GMOs Might Feed the World If Only Investors Weren’t So Scared – Ag Web
• Investors Call on Sanderson, Denny's, McDonald's to Cut Antibiotics – Dairy Herd
• Feds won’t make good food happen. So cities, armed with food policy councils, will do it themselves – The New Food Economy
• Group outlines impact of Bayer-Monsanto merger – Morning Ag Clips
• Farmers, Cooperatives Win Big With Last Minute Tax Change – Ag Web 
• Commodity orgs support science-based trade regs – Morning Ag Clips
• Germany could introduce national glyphosate ban – Food Navigator
• Four deer test positive for Chronic Wasting Disease – Morning Ag Clips

 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 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.

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—October 5, 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: House Chairman Announces Bill to Create New Agricultural Guestworker Program

On October 2, 2017, House Judiciary Committee Chairman Bob Goodlatte (R-Va.) announced legislation designed to create a new agricultural guestworker program for American farmers and ranchers.  Referred to as the Ag Act, Chairman Goodlatte’s bill would replace the current H-2A guestworker program with a new H-2C guestworker program.  According to the Chairman’s summary of the bill, the H-2C guestworker program would better meet producer needs by making available 500,000 visas each year for both seasonal and year-round agricultural work.   

Nutrition Labeling: FDA Seeks to Extend Compliance Dates for Nutrition Facts Labeling

On October 2, 2017, the U.S. Food and Drug Administration (FDA) published notice in the Federal Register proposing extensions to the compliance dates for the Nutrition Facts and Supplement Facts label final rule and the Serving Size final rule (82 FR 45753).  For manufactures with $10 million or more in annual food sales, the proposed delay would extend the compliance date from July 26, 2018, to January 1, 2020.  For manufactures with fewer than $10 million in annual food sales, the proposed delay would extend the compliance date from July 26, 2018 to January 1, 2021.

Clean Water Act: Tyson Pleads Guilty to Violating Clean Water Act

On September 27, 2017, the U.S. Department of Justice (DOJ) announced that Tyson Poultry Inc. (Tyson) has pleaded guilty to criminal charges for violating the Clean Water Act.  The DOJ stated that the charges stemmed from the release of the liquid food supplement “Alimet” at the company’s slaughter and processing facility in Monett, Missouri.  The DOJ asserted that the Alimet discharge caused the death of approximately 108,000 fish.  According to the DOJ, the plea agreement requires Tyson to pay a criminal fine of $2 million and serve two years of probation.

Horse Racing: PDA Addresses Recently Enacted Horse Racing Regulations

On September 26, 2017, the Pennsylvania Department of Agriculture (PDA) issued a press release regarding three recently enacted horse racing regulations addressing illegal performance enhancing drugs.  According to PDA, the regulations provide for increased penalties for repeat offenders, establish an out-of-competition testing program, and provide for horse ineligibility after a positive test.  PDA stated that with the enactment of the three regulations, significant consequences now exist for trainers, veterinarians and owners who choose to violate Pennsylvania’s horse racing laws.

Labor: Ben & Jerry’s Agrees to Improve Dairy Worker Conditions

On October 3, 2017, the New York Times reported that ice cream manufacturer Ben & Jerry’s has agreed to a program establishing labor standards for the Vermont dairy farms that supply the company with milk.  Entitled Milk With Dignity, the program mandates that dairy workers receive one day off a week and are paid at least the Vermont state minimum wage of $10.  According to the report, compliance with the program will be enforced through independent audits.

GMOs: Study Finds GM Soybean Oil Induces Less Obesity and Insulin Resistance

On October 2, 2017, Science Daily reported that a University of California, Riverside study found that the genetically modified (GM) soybean Plenish® induces less obesity and insulin resistance than conventional soybean oil.  Engineered to contain low levels of linoleic acid, Plenish® has a similar composition to olive oil.  While the study found less obesity and insulin resistance with Plenish®, the study did find that the GM soybean oil had the same effects on diabetes and fatty liver as those of conventional soybean oil.

Beef: BPI Establishes Fund for Workers Affected by “Pink Slime” Reporting

On September 28, 2017, Meat + Poultry reported that Beef Products Inc. (BPI) has established a $10 million fund to compensate workers that lost their jobs due to plant closures resulting from the negative reporting of BPI’s product Lean Finely Textured Beef.  According to the article, in 2012, ABC News published a series of reports that referred to BPI’s Lean Finely Textured Beef product as “pink slime”.  Subsequently, in 2012, BPI closed three production facilities and filed a defamation lawsuit against ABC News.  In June of 2017, the parties settled for an undisclosed amount.  The article stated that the fund will benefit 750 former workers.

                 

Pennsylvania Legislation

Environmental Resources and Energy (House)

• HB 1486 legislation exempting “high tunnels” that meet certain parameters from any requirements under the Storm Water Act (reported out of committee, October 3, 2017)

Environmental Resources and Energy (Senate)

• SB 917 legislation amending the Municipal Waste Planning, Recycling and Waste Reduction Act to expand the definition of “compost materials" to include “mushroom compost” (referred to committee, October 3, 2017)

Pennsylvania Actions and Notices

Department of Environmental Protection

• Nutrient Credit Trading Program
• Nutrient Credit Trading Program
• Pennsylvania Lake Erie Phosphorus Reduction Domestic Action Plan

Public Utility Commission

• Review of vegetation management practices 

AgLaw HotLinks:

• Dicamba dilemma pits industry against researchers – Feedstuffs
• Puerto Rico’s Agriculture and Farmers Decimated by Maria – The New York Times
• USDA fails to monitor foreign owners of farmland – Investigate Midwest
• FDA Agrees to Enforce Menu Labeling Rule in May 2018 – Food Safety Magazine
• BPI Establishes $10 Million Fund for Former Employees Following 'Pink Slime' Settlement – Cattle Network
•  Agriculture Department, Penn State Researchers Seek Public Input on State Pollinator Protection Plan – PA Department of Agriculture
• Global methane emissions from agriculture larger than reported, according to new estimates – Physics Org
• Campbell Soup Co. commits to higher broiler welfare standards – Meat + Poultry
• Food industry welcomes new deadline to revise nutrition labels – Food Safety
• Congressional Democrats seek 40 Billion for Rural Broadband – Brownfield
• More Details on Syngenta MIR162 Settlement – Ag Professional  

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.