Agricultural Law Weekly Review - February 28, 2020

Written by:  

Brook Duer—Staff Attorney
Audry Thompson—Research Assistant

The Agricultural Law Weekly Review provides an update of recent agricultural law developments from the local, state, national, and international levels.  Subscribe to the ALWR at pennstateaglaw.com. 

Food Labeling: Pennsylvania Department of Agriculture Provides Whole Milk Labeling Guidance

On February 19, 2020, the Pennsylvania Department of Agriculture, Bureau of Food Safety issued a guidance document to Pennsylvania dairy processors outlining what methodology can be employed in labeling the fat content of whole milk.  In March 2019, a collection of Pennsylvania dairy farmers formed an advocacy group called “97 Milk, LLC,” which advocates for whole milk consumption and designating whole milk as ‘97% Fat Free.’  However, the guidance document states that, according to FDA, a ‘% Fat Free’ label can only be employed on 1% Low Fat or Skim milk packaging. The document also states: (a) FDA defines whole milk as milk containing between 3.25% and 18% milkfat; and (b) whole milk could be labeled with its fat content as a percentage, if accurate.  

Tax Policy:  Pennsylvania Agriculture Secretary Publishes Support for Slots Tax Re-Direction from Equine Industry to Higher Education Scholarships

On February 22, 2020, Pennsylvania Secretary of Agriculture Russell Redding, who is also the appointed Chairman of the Pennsylvania State Horse Racing Commission, published a guest columnist op-ed in the Daily Local News of Exton, Pennsylvania titled, “Opinion: Even if by a nose, horse racing must become self-sufficient.”  The op-ed advocates for Pennsylvania Governor Tom Wolf’s proposed legislative redirection of $200 million annually in slot machine tax revenue from the Race Horse Development Fund to the proposed Nellie Bly Scholarship Fund.  The Race Horse Development Fund was created by Pennsylvania’s 2004 Gaming Act to receive a portion of the state’s slot machine tax and economically stimulate Pennsylvania’s equine industry by subsidizing purse money at Pennsylvania’s six racetracks.  The proposed Nellie Bly Scholarship Fund would fund scholarships awarded to Pennsylvania residents by the fourteen Pennsylvania State System of Higher Education public universities. 

National Agricultural Policy: USDA Announces Agriculture Innovation Initiative

On February 20, 2020, USDA Secretary Sonny Perdue publicly presented the agency’s “Agriculture Innovation Initiative” at USDA’s annual Agricultural Outlook Forum in Arlington, Virginia, which USDA describes as “a department-wide initiative to align resources, programs, and research” which “will stimulate innovation so that American agriculture can achieve the goal of increasing production by forty percent while cutting the environmental footprint of U.S. agriculture in half by 2050.”  The agenda identifies a three-part plan to achieve this goal by: (i) creating a strategy to align public and private research; (ii) integrating the latest productivity, conservation practices and technologies; and (iii) improve USDA data collection and reporting on conservation practices.  Benchmarks include reducing food loss and waste by fifty percent by 2030, reducing nutrient loss by thirty percent by 2050, and supporting biofuels production, efficiency, and competitiveness to produce ‘market-driven’ blends of E15 in 2030 and E30 in 2050.

Water Issues:  Department of Interior Directs Water Increase to California Central Valley

On February 19, 2020, President Trump signed a Memorandum and Order in a ceremony conducted in Bakersfield, California which implements a U.S. Department of Interior initiative and authorizes the agency to direct water from the San Francisco Bay Delta to California’s Central Valley in order to irrigate farmland.  The action was prevented for several decades by scientific opinions issued by U.S. Fish and Wildlife Service employees that it would harm delta smelt and chinook salmon, both protected by the Endangered Species Act of 1973.  On February 20, 2020, the State of California sued the Department of the Interior in the U.S. District Court for the Northern District of California seeking to reverse the action. On February 25, 2020, the first allocation of water to California’s Central Valley was made.

Wildlife Issues: Canada Geese Depredation Order Expanded by Thirty Days

On February 25, 2020, the U.S. Fish and Wildlife Service published a final rule at 85 FR 10621, effective March 26, 2020, updating a 2006 rule that had established a depredation order allowing take of resident Canada geese at agricultural facilities in enumerated Atlantic Flyway states by authorized methods by authorized personnel between May 1 and August 31.  The new final rule states the time period designated in 2006 no longer adequately protects crops planted in early spring.  The amended time period is now April 1 through August 31 at agricultural facilities in the following states: Connecticut, Delaware, Florida, Georgia, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, North Carolina, Pennsylvania, Rhode Island, South Carolina, Vermont, Virginia, and West Virginia. 

Food Policy: FDA Reopens 2005 Standard of Identity Proposed Rule Comment Period

On February 21, 2020, the U.S. Food and Drug Administration (FDA) published notice in the Federal Register at 85 FR 10107 that it was reopening the comment period on a 2005 proposed rule titled, “Food Standards; General Principles and Food Standards Modernization.”  While the initial rule was jointly published with USDA, the reopened comment period, closing on April 21, 2020, solicits comments addressed only to the “FDA-specific aspects of the proposed rule.”  The 2005 regulatory amendment was intended to commence a process “to modernize FDA definitions and standards of identity (and standards of quality and fill of container).” 

From National Ag Law Authorities & Sources: 

Tiffany Dowell, Landowner Liability Protection Resources (Feb. 17, 2020).

Ellen Essman, Ohio Tackles “TMDL” for Lake Erie’s Western Basin (Feb. 19, 2020).

Kristine A. Tidgren, IRS Allows Some Farmers to Revoke Election out of UNICAP (Feb. 25, 2020).

Penn State Research & News:

Jeff Mulhollem, Feed supplement for dairy cows cuts their methane emission by about a quarter (Feb. 20, 2020).

Jeff Mulhollem, Forest 'duff' must be considered in controlled burning to avoid damaging trees (Feb. 21, 2020).

AGENCY PRESS RELEASES—STATE/FEDERAL

Pennsylvania Department of Agriculture Press Releases:
Department of Agriculture Offers Milk Processors New Labeling Advice, Opportunity to Rebrand Whole Milk (Feb. 19, 2020).

Pennsylvania Adds 39 Farms, 2,848 Acres to Nation-Leading Farmland Preservation Program (Feb. 20, 2020).

Top-Performing Bulls to Sell in Pennsylvania Livestock Evaluation Center Auction (Feb. 21, 2020).

Agriculture Secretary Announces Research Funding to Combat Chronic Wasting Disease in PA Deer (Feb. 25, 2020).

U.S. Department of Agriculture Press Releases:
USDA and EPA Announce Continued Commitment to Support Rural Water Systems (Feb. 20, 2020).

USDA Invests Nearly $24 Million for Broadband in Utah’s Uintah Basin (Feb. 20, 2020).

USDA Invests $5 Million in Broadband for Rural Georgia Communities (Feb. 21, 2020).

USDA Invests $3.3 Million in High-Speed Broadband for Rural Beaverhead County (Feb. 24, 2020).

USDA and USTR Announce Progress on Implementation of U.S.-China Phase One Agreement (Feb. 25, 2020).

USDA Expands Market for U.S. Wheat: Adds Idaho, Oregon, and Washington to List of States that Can Export Wheat to Kenya (Feb. 25, 2020).

USDA Invests $9.1 Million in Broadband for Rural South Carolina Communities (Feb. 25, 2020).

Secretary Perdue Announces New FSIS Leadership (Feb. 25, 2020).

USDA Invests $2.3 Million in Broadband for Rural Eastern Nevada (Feb. 25, 2020).

STATE ACTIONS—EXECUTIVE/LEGISLATIVE

Pennsylvania Executive Agencies—Actions and Notices: 

Department of Agriculture

50 Pa.B. 1122 “Fiscal Year 2019-2020 Annual Plan for Awarding Grants under the Pennsylvania Agricultural Fair Act,” Notice (Feb. 22, 2020).

Fish and Boat Commission

50 Pa.B. 1194 “Classification of Wild Trout Streams; Additions, Revisions and Removal,” Notice (Feb. 22, 2020).

50 Pa.B. 1194 “Additions to List of Class A Wild Trout Waters,” Notice (Feb. 22, 2020).

50 Pa.B. 1195 “Classification of Wild Trout Streams; Proposed Additions and Revisions; April 2020,” Notice (Feb. 22, 2020).

50 Pa.B. 1199 “Proposed Changes to List of Class A Wild Trout Waters; April 2020,” Notice (Feb. 22, 2020).

Susquehanna River Basin Commission

50 Pa.B. 1232 “Grandfathering Registration Notice,” Notice (Feb. 22, 2020).

50 Pa.B. 1232 “Commission Meeting [Friday, March 13, 2020],” Notice (Feb. 22, 2020).

Pennsylvania Legislature:

H.B. 2289 “An Act amending the act of June 1, 1937 (P.L.1168, No.294), known as the Pennsylvania Labor Relations Act, further providing for definitions; providing for notice and regulations; further providing for unfair labor practices and for representatives and elections; providing for initial collective bargaining agreement; and further providing for prevention of unfair labor practices and for penalties,” Referred to Labor and Industry [House] (Feb. 18, 2020).

S.B. 1041 “An Act amending the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, in sales and use tax, further providing for definitions [Preserving the Sales Tax Exemption for Multi-Purpose Agriculture Vehicles],” Referred to Finance [Senate] (Feb. 19, 2020).

S.B. 1036 “An Act amending the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, in sales and use tax, further providing for definitions [Clarification of Sales Tax Exemption for Cervidae Livestock Operations],” Referred to Finance [Senate] (Feb. 19, 2020).

H.B. 1755 “An Act amending the act of May 15, 1945 (P.L.547, No.217), known as the Conservation District Law, providing for legislative report,” Referred to Agriculture and Rural Affairs [Senate] (Feb. 19, 2020).

H.B. 1737 “An Act amending the act of May 19, 1995 (P.L.33, No.3), known as the Economic Development Agency, Fiduciary and Lender Environmental Liability Protection Act, further providing for definitions [Environmental liability exemption for land banks],” Referred to Environmental Resources and Energy [Senate] (Feb. 19, 2020).

H.B. 1584 “An Act amending Title 30 (Fish) of the Pennsylvania Consolidated Statutes, in Pennsylvania Fish and Boat Commission, repealing provisions relating to waterways patrolmen and employees,” Referred to Game and Fisheries [Senate] (Feb. 19, 2020).

H.B. 1536 “An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, in general provisions, further providing for definitions; in licensing of drivers, further providing for suspension of operating privilege; in rules of the road in general . . . [Vulnerable Highway User Protections],” Referred to Transportation [Senate] (Feb. 19, 2020).

H.B. 2315 “An Act amending the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, in personal income tax, further providing for operational provisions and providing for contributions for the Pennsylvania Fish and Boat Commission and the Pennsylvania Game Commission,” Referred to Game and Fisheries [House] (Feb. 24, 2020)

FEDERAL ACTIONS—EXECUTIVE/LEGISLATIVE

Federal Executive Agencies—Actions and Notices: 

Agricultural Department

85 FR 9451 “Submission for OMB Review; Comment Request [Food and Nutrition Service: Summer Food Service Program Integrity Study]” Notice (Feb. 19, 2020).

85 FR 9721 “Agency Information Collection Activities [USDA Registration Form to Request Electronic Access Code],” Notice (Feb. 20, 2020).

85 FR 10647 “Submission for OMB Review; Comment Request [Rural Housing Service: Planning and Performing Construction and Other Development],” Notice (Feb. 25, 2020).

Agricultural Marketing Service

85 FR 9399 “Quality Systems Verification Programs,” Proposed Rule—Comment Period (Feb. 19, 2020).

85 FR 9699 “Marketing Order Regulating the Handling of Spearmint Oil Produced in the Far West; Salable Quantities and Allotment Percentages for the 2020-2021 Marketing Year,” Proposed Rule—Comment Period (Feb. 20, 2020).

85 FR 10096 “Tomatoes Grown in Florida; Proposed Amendments to the Marketing Order No. 966 and Referendum Order,” Proposed Rule (Feb. 21, 2020).

85 FR 10398 “Peanut Standards Board; Request for Nominations,” Notice (Feb. 24, 2020).

Animal and Plant Health Inspection Service

85 FR 10562 “National Veterinary Accreditation Program,” Rule (Feb. 25, 2020).

Environmental Protection Agency

85 FR 10642 “Receipt of a Pesticide Petition Filed for Residues of Pesticide Chemicals in or on Various Commodities,” Proposed Rule—Comment Period (Feb. 25, 2020).

Farm Credit Administration

85 FR 10035 “Oversight of the Federal Agricultural Mortgage Corporation,” Rule (Feb. 21, 2020).

Farm Service Agency

85 FR 9722 “Information Collection Requests; Farm Loan Programs: Inventory Property Management, Direct Loan Servicing-Regular, General Program Administration, and Guaranteed Farm Loan Program,” Notice—Comment Period (Feb. 20, 2020).

Federal Crop Insurance Corporation

85 FR 9452 “Notice of Request for Extension of a Currently Approved Information Collection [Ineligibility for Programs under the Federal Crop Insurance Act,’” Notice—Comment Period (Feb. 19, 2020).

85 FR 9451 “Notice of Request for Extension of a Currently Approved Information Collection [Area Risk Protection Insurance],” Notice—Comment Period (Feb. 19, 2020).

Federal Emergency Management Agency

85 FR 9675 “Suspension of Community Eligibility [Florida],” Rule (Feb. 20, 2020).

85 FR 10458 “Agency Information Collection Activities: Proposed Collection; Comment Request; National Flood Insurance Program Policy Forms” Notice—Comment Period (Feb. 24, 2020).

Fish and Wildlife Service

85 FR 10621 “Migratory Bird Permits; Regulations for Managing Resident Canada Goose Populations; Agricultural Facilities in the Atlantic Flyway,” Rule (Feb. 25, 2020).

Food and Drug Administration

85 FR 9783 “Compounding Animal Drugs From Bulk Drug Substances; Draft Guidance for Industry; Availability; Reopening of Comment Period,”

Notice—Comment Period (Feb. 20, 2020).

85 FR 10172 “Agency Information Collection Activities; Proposed Collection; Comment Request; Voluntary National Retail Food Regulatory Program Standards,” Notice—Comment Period (Feb. 21, 2020).

85 FR 10107 “Food Standards; General Principles and Food Standards Modernization; Reopening of the Comment Period,” Proposed Rule (Feb. 21, 2020).

85 FR 10057 “Definition of the Term ‘Biological Product’” Rule (Feb. 21, 2020).

85 FR 10632 “Unilever; Filing of Food Additive Petition,” Proposed Rule (Feb. 25, 2020).

Food and Nutrition Service.

85 FR 9453 “Agency Information Collection Activities: Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) Program Regulations-Reporting and Record-Keeping Burden,” Notice—Comment Period (Feb. 19, 2020).

Food Safety and Inspection Service

85 FR 10401 “Notice of Request for a New Information Collection: Voluntary Destruction of Imported Meat, Poultry, and Egg Products,” Notice—Comment Period (Feb. 24, 2020).

85 FR 10402 “Notice of Request for Renewal of an Approved Information Collection (Sanitation SOPs and Pathogen Reduction/HACCP),” Notice—Comment Period (Feb. 24, 2020).

85 FR 10648 “Notice of Request for Renewal of an Approved Information Collection (Procedures for the Notification of New Technology and Requests for Waivers),” Notice—Comment Period (Feb. 25, 2020).

Health and Human Services Department

85 FR 9474 “Meeting of the Tick-Borne Disease Working Group,”  Notice (Feb. 19, 2020).

Justice Department

85 FR 9807 “Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act and Request for Comments on Draft Restoration Plans and Environmental Assessments,” Notice (Feb. 20, 2020).

85 FR 9806 “Notice of Lodging of Proposed Consent Decree Under the Clean Water Act,” Notice (Feb. 20, 2020).

Land Management Bureau

85 FR 10188 “Notice of Availability of the Wyoming Draft Supplemental Environmental Impact Statement for Greater Sage-Grouse Conservation,” Notice (Feb. 21, 2020).

85 FR 10184 “Notice of Availability of the Utah Draft Supplemental Environmental Impact Statement for Greater Sage-Grouse Conservation,” Notice (Feb. 21, 2020).

85 FR 10186 “Notice of Availability of the Oregon Draft Supplemental Environmental Impact Statement for Greater Sage-Grouse Conservation,” Notice (Feb. 21, 2020).

85 FR 10183 “Notice of Availability of the Northwest Colorado Draft Supplemental Environmental Impact Statement for Greater Sage-Grouse Conservation,” Notice (Feb. 21, 2020).

85 FR 10184 “Notice of Availability of the Nevada and Northeastern California Draft Supplemental Environmental Impact Statement for Greater Sage-Grouse Conservation,” Notice (Feb. 21, 2020).

85 FR 10185 “Notice of Availability of the Idaho Draft Supplemental Environmental Impact Statement for Greater Sage-Grouse Conservation,” Notice (Feb. 21, 2020).

Rural Business-Cooperative Service

85 FR 9725 “Guarantee Fee Rates for Guaranteed Loans for Fiscal Year 2020, Maximum Portion of Guarantee Authority Available for Fiscal Year 2020, Annual Renewal Fee for Fiscal Year 2020,” Notice (Feb. 20, 2020).

Rural Utilities Service

85 FR 10555 “Special Servicing of Telecommunications Programs Loans for Financially Distressed Borrowers,” Rule—Comment Period (Feb. 25, 2020).

U.S. House Agriculture Committee Actions: 

H.R.5915 “Making Essentials Available and Lawful (MEAL) Act of 2020,” Referred to Committee on Agriculture and Committee on Ways and Means (Feb. 14, 2020).

H.R.5920 “MONARCH Act of 2020,” Referred to Committees on Agriculture; Natural Resources; and Appropriations (Feb. 14, 2020).

S.2107 “Protecting America's Food and Agriculture Act of 2019,” Presented to President (Feb. 20, 2020).

U.S. Senate Agriculture, Nutrition, And Forestry Committee Actions: 

No new actions Feb. 19–25, 2020

S.3292 “A bill to amend the Federal Crop Insurance Act to reduce Federal spending on crop insurance, and for other purposes” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry (Feb. 13, 2020).

S.3293 “A bill to amend the Richard B. Russell National School Lunch Act to establish the Food and Nutrition Education in Schools Pilot Program, and for other purposes” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry (Feb. 13, 2020).

Follow us on Twitter @AgShaleLaw to receive #AgLaw HotLinks

Feb. 19–25, 2020 #AgLaw links:

Larger Soybean and Cotton Plantings Due to Trade Deal? Successful Farming

DFA, Dean reach $425m deal, Feedstuffs

Pompeo pledges $1 billion in US support for European energy initiative, The Hill

GAO opens investigation into USDA trade aid, Feedstuffs

USDA to unveil plan to cut farms' environmental impact in half by 2050, Politico

House members continue to prod FDA on milk labeling, Feedstuffs

Bayer/Monsanto to Appeal Dicamba Verdict – Says Soil Root Rot Cause of Damages, Brownfield

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Agricultural Law Weekly Review—February 13, 2020

Written by:  

Brook Duer—Staff Attorney

Audry Thompson—Research Assistant

The Agricultural Law Weekly Review provides an update of recent agricultural law developments from the local, state, national, and international levels.  Subscribe to the ALWR at pennstateaglaw.com. 

National Agricultural Policy: USDA Inspector General Confirms Investigation of Trade Aid Package

On February 11, 2020, USDA Inspector General Phyllis K. Fong confirmed during testimony before the U.S. House of Representatives Committee on Appropriations’ Subcommittee on Agriculture that her office is conducting an investigation of the legal authority and administration of the so-called “Trade Aid Packages” for 2018 and 2019.  The trade aid packages were undertaken by USDA pursuant to Section 5 of the Commodity Credit Corporation (CCC) Charter Act of 1948, 15 U.S.C. 714 et seq., to compensate agricultural producers for lost revenue due to Chinese tariff retaliation and trade disruption over the last two years. Inspector General Fong testified that her office is initially investigating whether and what legal authority supports the payment of the aid through approximately $27.4 billion dollars of CCC authority.  According to Fong, a report on that portion of the investigation is expected “in the next few months.”  Thereafter, her office will be completing an investigation of the administration of, and eligibility criteria under, both the Market Facilitation Program (MFP) and Food Purchase and Distribution Program portions of the trade aid, constituting approximately $27.1 billion of the total from the CCC.

Biofuels: EPA Issues Annual Update of Renewable Fuel Standards Program Requirements

On February 6, 2020, the United States Environmental Protection Agency (EPA) published a final rule at 85 FR 7016, as required by Section 211 of the Clean Air Act and known as the Renewable Fuel Standard (RFS) program, establishing the following: (a) the percentage of gasoline and diesel transportation fuel produced or imported in the year 2020 required to consist of cellulosic biofuel, biomass-based diesel, advanced biofuel, and all renewable fuels in the aggregate; (b) the 2020 production volume requirements for cellulosic biofuel, advanced biofuel, total renewable fuels in the aggregate, and the 2021 production volume requirement for biomass-based diesel; and (c) the 2020 volumes of gasoline and diesel projected to be exempted from the renewable volume obligations.  The final rule is effective April 6, 2020.

Industrial Hemp: Farm Credit Administration Issues Memorandum on Financing Hemp

On February 7, 2020, the Farm Credit Administration’s Office of Regulatory Policy issued an informational memorandum to all Board chairs and CEOs of each Farm Credit Bank and Association providing guidance on deciding whether to finance hemp production and, if so,  considerations on collecting, analyzing and documenting information from a loan applicant.  Much of the memorandum is devoted to reiterating the contents of the USDA’s Interim Final Rule on Domestic Hemp Production and that all hemp must be produced pursuant to a compliant and USDA-approved state hemp production plan.  USDA has approved only six state plans to date.  However, it contains two noteworthy recommendations for analysis by Farm Credit Banks and Associations: (a) “How the producer will remain current on the loan if the hemp crop exceeds the applicable THC levels;” and (b) “[C]omplete a break-even repayment analysis and a worst-case repayment analysis based on a total crop loss due to an unacceptably high hemp THC level.”   

Pesticides: Corteva Announces Discontinuance of Chlorpyrifos Production by Year’s End

On February 6, 2020, Corteva, Inc., one of the leading manufacturers of the pesticide chlorpyrifos, announced that it will end production and sales of the pesticide by the end of 2020.  Hawaii, California and New York have all taken actions to end Chlorpyrifos use and sales in their respective states, as discussed in last month’s Agricultural Law Brief.  Corteva made the following statement: “Demand for one of our long-standing products, chlorpyrifos, has declined significantly over the last two decades, particularly in the U.S.  Due to this reduced demand, Corteva has made the strategic business decision to phase out our production of chlorpyrifos in 2020.  We are committed to continuing to support our farmers and invest in products they need.  Our customers will have access to enough chlorpyrifos supply to cover current demand through the end of the year, while they transition to other products or other providers.  Our customers, shareholders and employees will benefit by redeploying our resources.”

Agricultural Labor: Use of New I-9 Form Required On April 30, 2020

On January 31, 2020, the U.S. Citizenship and Immigration Services, Department of Homeland Security (USCIS) published a notice at 85 FR 5683 announcing a new version of Form I-9, Employment Eligibility Verification, identified as Rev. 10/21/2019.  The new form may be used beginning January 31, 2020.  On April 30, 2020, the prior version, identified as Rev. 07/17/2017 N, will no longer to be valid for compliance with federal law.  Employers do not need to complete the new Form I-9 for current employees who already have a properly completed Form I-9 on file, unless reverification becomes otherwise required by law.  Changes to the form and its accompanying instructions are minimal and the underlying legal requirements have not changed.  

From National Ag Law Authorities & Sources: 

Tiffany Dowell, Do You Have a Flight Plan? (Feb. 3, 2020). 

Drew Mitchell, Proposal: Bills Delegate Responsibility for Alternative Protein Safety and Labeling (Feb. 7, 2020). 

Penn State Research & News:

Wooden or plastic pallets: Which are more eco-friendly? (Feb. 3, 2020)

Local genetic adaption helps sorghum crop hide from witchweed (Feb. 11, 2020). 

AGENCY PRESS RELEASES—STATE/FEDERAL

Pennsylvania Department of Agriculture Press Releases:

Agriculture Secretary, Senator Vogel Discuss “Reach Out PA,” Mental Health Issues in Pennsylvania Agriculture (Feb. 6, 2020). 

Wolf Administration Announces $340,000 Approved for PA Farm Bill Grants to Improve Animal Health and Safety (Feb. 7, 2020).

U.S. Department of Agriculture Press Releases:

USDA Casts Vision for Scientific Initiatives Through 2025 (Feb. 6, 2020). 

U.S. Ambassador Kip Tom Gives Dinner Speech at USDA Agricultural Outlook Forum (Feb. 6, 2020). 

USDA Announces Details of Risk Management Programs for Hemp Producers (Feb. 6, 2020). 

USDA Invests $4.4 Million in Rural Broadband Infrastructure in Georgia’s Gilmer County (Feb. 7, 2020). 

STATE ACTIONS—EXECUTIVE/LEGISLATIVE

Pennsylvania Executive Agencies—Actions and Notices: 

Department of Agriculture

50 Pa.B. 801 “Action of Controlled Plant and Noxious Weed Committee; Addition of Noxious Weeds to Controlled Plants and Noxious Weed List.” Notice (Feb. 8, 2020). 

Department of Environmental Protection

50 Pa.B. 804 “The Clean Streams Law And The Federal Clean Water Act:

Applications For National Pollutant Discharge Elimination System (NPDES) Permits And Water Quality Management (WQM) Permits” Applications (Feb. 8, 2020). 

Pennsylvania Legislature

H.B. 1100 “An Act amending the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, providing for energy and fertilizer manufacturing tax credit [‘Energize PA Legislative Package.’]” Signed in House (Feb. 4, 2020).

H.Res. 653 “A Resolution designating the week of March 16 through 22, 2020, as "Maple Producers Week" in Pennsylvania.” Adopted [House] (Feb. 4, 2020). 

H.B. 1584 “An Act amending Title 30 (Fish) of the Pennsylvania Consolidated Statutes, in Pennsylvania Fish and Boat Commission, repealing provisions relating to waterways patrolmen and employees.” Third consideration and final passage [House] (Feb. 4, 2020). 

H.B. 881 “An Act amending the act of June 18, 1982 (P.L.549, No.159), entitled "An act providing for the administration of certain Commonwealth farmland within the Department of Agriculture," further providing for agricultural land conservation assistance grant program [‘Farm Succession Planning Grants.’]” Removed from table [House] (Feb. 4, 2020).  

H.B. 333 “An Act amending the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, in personal income tax, further providing for classes of income [‘Small Business Tax Package.’]” Laid on the table [House] (Feb. 4, 2020).

H.B. 105 “An Act amending the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, in personal income tax, further providing for classes of income [‘Small Business Tax . . . Like-kind Exchanges.’]” Laid on the table [House] (Feb. 4, 2020).

S. Res 300 “A Resolution designating the week of February 22 through 29, 2020, as "FFA Week" in Pennsylvania.” Adopted [Senate] (Feb. 5, 2020). 

S.B. 915 “An Act amending Title 3 (Agriculture) of the Pennsylvania Consolidated Statutes, repealing provisions relating to fertilizer; providing for fertilizer; in soil and plant amendment, further providing for disposition of funds; in seed, further providing for disposition of funds; establishing the Agronomic Regulatory Account within the General Fund; imposing duties on the Department of Agriculture; and making conforming amendments.” Re-referred to Appropriations [Senate] (Feb. 5, 2020).  

H.B. 752 “An Act amending Title 34 (Game) of the Pennsylvania Consolidated Statutes, in property and buildings, further providing for price paid for acquisitions and improvements.” First consideration [Senate] (Feb. 5, 2020). 

S.B. 995 “An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, in general provisions, further providing for definitions [‘Increasing the Width of Multipurpose Agricultural Vehicles.’]” First consideration [Senate] (Feb. 5, 2020). 

S.B. 1060 “A Supplement to the act of April 1, 1863 (P.L.213, No.227), entitled "An act to accept the grant of Public Lands, by the United States, to the several states, for the endowment of Agricultural Colleges," making appropriations for carrying the same into effect; providing for a basis for payments of such appropriations, for a method of accounting for the funds appropriated and for certain fiscal information disclosure; and making an appropriation from a restricted account within the Agricultural College Land Scrip Fund.” Referred to Appropriations [Senate] (Feb. 6, 2020). 

FEDERAL ACTIONS—EXECUTIVE/LEGISLATIVE

Federal Executive Agencies—Actions and Notices: 

Agency for International Development

85 FR 7265 “Board for International Food and Agricultural Development; Notice of Meeting” NoticeI (Feb. 7, 2020). 

Agricultural Department

85 FR 7527 “Opportunity for Designation in the Cedar Rapids, Iowa, Area; Request for Comments on the Official Agency Servicing This Area” Notice—Comment Period (February 10, 2020). 

85 FR 7528 “Submission for OMB Review; Comment Request [Agricultural Research Service:  Evaluation of User Satisfaction with NAL internet Sites]” Notice (February 10, 2020). 

85 FR 7528 “Submission for OMB Review; Comment Request [Animal and Plant Health Inspection Service: Introduction of Organisms and Products Altered or Produced Through Genetic Engineering]” Notice (February 10, 2020).

Agricultural Marketing Service

85 FR 7526 “Plant Variety Protection Board; Open Teleconference Meeting” Notice (February 10, 2020). 

85 FR 7526 “Solicitation of Nominations for Members of the USDA Grain Inspection Advisory Committee” Notice (February 10, 2020). 

85 FR 7669 “Walnuts Grown in California; Hearing on Proposed Amendment of Marketing Order No.984” Proposed Rule (February 11, 2020).

Animal and Plant Health Inspection Service

85 FR 7265 “Notice of Request for Extension of Approval of an Information Collection; Federally Recognized State Managed Phytosanitary Program”  Notice—Comment Period (Feb. 7, 2020).

Commodity Credit Corporation

85 FR 6419 “Pima Agriculture Cotton Trust Fund and Agriculture Wool Apparel Manufacturers Trust Fund” Rule (Feb. 5, 2020). 

Economic Research Service

85 FR 7529 “Notice of Intent To Request Revision of the Current Population Survey Food Security Supplement-A Currently Approved Information Collection” Notice—Comment Period (February 10, 2020).

Environmental Protection Agency

85 FR 7016 “Renewable Fuel Standard Program: Standards for 2020 and Biomass-Based Diesel Volume for 2021 and Other Changes” Rule (Feb. 6, 2020). 

85 FR 7303 “Farm, Ranch, and Rural Communities Advisory Committee (FRRCC) Notice of Charter Renewal” Notice (Feb. 7, 2020). 

85 FR 7499 “Receipt of Several Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various Commodities (December 2019)” Proposed Rule—Comment Period (February 10, 2020). 

85 FR 7698 “Banda de Lupinus Albus Doce (BLAD); Proposal To Revoke Exemption and Establish Pesticide Tolerances” Proposed Rule—Comment Period (February 11, 2020). 

85 FR 7708 “Receipt of a Pesticide Petition Filed for Residues of Pesticide Chemicals in or on Various Commodities (October 2019)” Proposed Rule—Comment Period (February 11, 2020). 

Farm Credit Administration

85 FR 6421 “Organization and Functions; Farm Credit Administration Board Meetings” Rule (Feb. 5, 2020). 

Federal Emergency Management Agency

85 FR 7326 “Proposed Flood Hazard Determinations [Mississippi]” Notice—Comment Period (Feb. 7, 2020). 

85 FR 7324 “Changes in Flood Hazard Determinations [AZ, CA, FL, IL, IN, KS, NV, NY, TX, WA]” Notice (Feb. 7, 2020).

85 FR 7322 “Changes in Flood Hazard Determinations [CO, CT, FL, LA, NC, OK, SC, TX]” Notice (Feb. 7, 2020).

Federal Motor Carrier Safety Administration

85 FR 6088 “Extension of Compliance Date for Entry-Level Driver Training [February 7, 2022.]” Rule—Comment Period (February 4, 2020). 

Fish and Wildlife Service

85 FR 6968 “Foreign Endangered Species; Receipt of Permit Applications” Notice—Comment Period (Feb. 6, 2020).

85 FR 6856 “Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Yellow Lance” Proposed Rule—Comment Period (Feb. 6, 2020). 

Food and Drug Administration

85 FR 6549 “Advancing Animal Models for Antibacterial Drug Development; Public Workshop; Request for Comments” Notice—Comment Period (Feb. 5, 2020). 

85 FR 6551 “Agency Information Collection Activities; Proposed Collection; Comment Request; Food Labeling Regulations” Notice—Comment Period (Feb. 5, 2020).

85 FR 6955 “Prior Notice of Imported Food Under the Public Health Security and Bioterrorism Preparedness and Response Act of 2002” Notice—Comment Request (Feb. 6, 2020).

85 FR 7682 “LANXESS Corporation; Filing of Food Additive Petition (Animal Use)” Proposed Rule (February 11, 2020). 

Food and Nutrition Service

85 FR 7266 “Agency Information Collection Activities: Turnip the Beet! High Quality Summer Meals Award Program” Notice—Comment Period (Feb. 7, 2020).

85 FR 7716 “Agency Information Collection Activities: Supplemental Nutrition Assistance Program: 2008 Farm Bill Provisions on Clarification of Split Issuance; Accrual of Benefits and Definition Changes” Notice—Comment Period (February 11, 2020).

Food Safety and Inspection Service

85 FR 7715 “Notice of Request for Renewal of an Approved Information Collection (Nutrition Labeling of Major Cuts of Single-Ingredient Raw Meat or Poultry Products and Ground or Chopped Meat and Poultry Products)” Notice—Comment Period (February 11, 2020). 

85 FR 7713 “Notice of Request for Revision of an Approved Information Collection (Advanced Meat Recovery)” Notice—Comment Period (February 11, 2020).

Office of U.S. Trade Representative

85 FR 7377 “Reallocation of Unused Fiscal Year 2020 Tariff-Rate Quota Volume for Raw Cane Sugar” Notice (Feb. 7, 2020). 

U.S. House Agriculture Committee Actions: 

H.R.5762 “Transforming Hiring in Rural Industries and Vital Economies Act of 2020” Referred to the House Committee on Agriculture (Feb. 5, 2020). 

H.Con.Res.88 “Supporting the Farmers Bill of Rights” Referred to the House Committee on Agriculture (Feb. 6, 2020). 

S.2107 “Protecting America's Food and Agriculture Act of 2019” Motion to reconsider laid on the table Agreed to without objection (Feb. 10, 2020). 

U.S. Senate Agriculture, Nutrition, And Forestry Committee Actions: 

No new actions Feb.5–11, 2020

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

Feb.4–11, 2020 Top Tweets:

“Boris Johnson hints at allowing GM food imports from US,” The Guardian

“Bayer Welcomes EPA’s Glyphosate Decision,” Brownfield

“More states abandon federal hemp oversight before USDA rolls out bare-bones application,” Hemp Industry Daily

“Hemp regulations on test drive for 2020,” Feedstuffs

“Bill looks to ensure clear meat labeling standards,” Feedstuffs

“China to halve tariffs on some U.S. imports as coronavirus risks grow,” Reuters

“Chapter 12 farm bankruptcies up 20%,” Feedstuffs

“R-CALF USA will challenge beef checkoff ruling” Feedstuffs

“Farmer sentiment soaring after China trade deal,” Morning Ag Clips

“Court asked to overturn North Carolina hog nuisance lawsuits” Feedstuffs

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