Agricultural Law Weekly Review—November 29, 2017

Written by M. Sean High—Staff Attorney

                 

The following information is an update of recent local, state, national, and international legal developments relevant to agriculture:

Air Quality: Court Extends Date for Certain Farm Emission Reporting

On November 22, 2017, the U.S. Environmental Protection Agency (EPA) announced  that the DC Circuit Court of Appeals has extended the initial reporting date for certain farms previously exempted from emission reporting requirements until January 22, 2018.  Accordingly, on April 11, 2017, the Court struck down an EPA final rule that had provided a complete agricultural exemption for reporting air emissions under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) as well as a partial agricultural exemption for reporting air emissions under the Emergency Planning and Community Right-to-Know Act (EPCRA).  EPA stated that the agency sought “additional time from the Court to delay the effective date so that EPA could develop guidance materials to help farmers understand their reporting obligations.” As a result, the Court allowed that farms affected by the April 11, 2017, decision will not be required to submit their initial reports until the Court orders its mandate enforcing the decision.  

Pesticides: EU Renews Glyphosate Approval

On November 27, 2017, the European Commission (EC) announced that the European Union (EU) Member States have agreed to renew the approval of the herbicide glyphosate for another 5 years.  According to the EC, the agreement was reached by a qualified majority of the Appeal Committee.  To achieve a qualified majority, a vote must be supported by 55% of the countries, representing at least 65% of the total EU population.  Accordingly, the EC reported that 18 Member States (representing 65.71% of the EU population) voted in favor of renewal, 9 Member States (representing 32.26 % of the EU population) voted against, and 1 Member State (representing 2.02 % of the EU population) abstained.

Pesticides: Pennsylvania Designates 19 Counties for Pesticide Disposal

On November 20, 2017, the Pennsylvania Department of Agriculture (PDA) announced the 2018 list of counties designated for disposal of unwanted or unusable pesticides through the Commonwealth’s CHEMSWEEP program.  Under CHEMSWEEP, licensed pesticide applicators, pesticide dealers and commercial pesticide application businesses in designated counties have the ability to register for the collection and destruction of unwanted or unusable pesticides.  Each year, different counties receive designation for participation in the program.  For 2018, the designated counties are: Adams, Allegheny, Beaver, Cameron, Carbon, Centre, Chester, Clearfield, Clinton, Elk, Franklin, Jefferson, Lancaster, Lehigh, Monroe, Northampton, Pike, Potter, and Washington.  According to PDA, since the CHEMSWEEP program was established in 1993, over “2.5 million pounds of unwanted or unusable pesticides have been properly destroyed.”

Organics: USDA Issues Assessment on New EU Organic Regulations

On November 17, 2017, the USDA Foreign Agricultural Service issued a report discussing how new European Union (EU) organic regulations may affect the U.S. organic sector.  According to the report, though initial projects promised extensive reforms, the USDA Foreign Agricultural Service foresees only minor changes.  The report stated that “[t]he biggest likely impact for the United States organic sector is that the EU will require trade agreements in place of the current framework, equivalence arrangements.”  

Pennsylvania Actions and Notices

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:

• Perdue eliminates GIPSA as standalone agency – Meat + Poultry
• Per capita consumption of dairy milk beverages plunges 22% between 2000 and 2016; plant-based alternatives pick up the slack – Food Navigator
• Study reveals ag sector feeds U.S. economy – Feedstuffs
• Price changes for seven foods could save thousands of lives per year, study says – EurekAlert!  
• Producers encouraged to comment on trucking rule – Feedstuffs
• The big Washington food fight – Politico
• World Without NAFTA Looks Like 1980s For Agriculture – Ag Web
• Urban Rural Poverty Gap Closing – Brownfield Ag News           

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

Agriculture Law Weekly Review – July 20, 2017

Written by Deanna Smith and Joseph Mooradian – Research Assistants

Antibiotics: Pew Report Provides Information on Alternatives to Animal Antibiotics

On July 10, 2017, The Pew Charitable Trusts published a report entitled Alternatives to Antibiotics in Animal Agriculture, which details ways to “maintain healthy herds and reduce the need for antibiotics.” Since the use of antibiotics has been limited by FDA Guidance 213, the industry will need to find alternative routes to promote healthy herds, a goal the Pew report aims to assist with. Pew’s solutions are wide ranging, including probiotics, antimicrobial peptides, and vaccines, among others. The report also highlights the ways that these alternatives interact, providing information enabling the optimization of animal health-care in the wake of reduced antibiotic use.

National Organic Program: Nature Valley “100% Natural” Lawsuit Dismissed

On July 12, 2017, the U.S. District Court for Minnesota granted a motion to dismiss in a lawsuit brought against General Mills, specifically concerning the company’s Nature Valley brand oat-based food products. The claim concerned the various foods’ “100% Natural” label, with the complaint arguing that, “this claim is misleading, false, and deceptive because Nature Valley Products contain trace amounts of the chemical glyphosate[.]” The Court dismissed the claim on the basis that the plaintiffs failed to state an adequate claim, concluding that the plaintiffs had too broadly construed the “100% Natural” labeling. The Court also stated that, “It would be nearly impossible to produce a processed food with no trace of any synthetic molecule.”

Animal Welfare: House Appropriations Committee Votes on Horse Slaughter Ban

On July 12, 2017, the United States House Committee on Appropriations approved the 2018 Agriculture Appropriations Bill which did not include a ban on using federal funds for horse meat inspections. Earlier that day, the Committee voted to not reinstate the ban on federally funded horse slaughtering in the U.S.. Generally, federal funds are necessary for the running of horse slaughtering facilities because USDA employees must inspect the horses meant for human consumption. This is the second time since the original ban on federally funded horse slaughtering that the Appropriations Committee has left the ban out of the Agriculture Appropriations Bill. The first time was in 2011, the same year the General Accountability Office (GAO) released a report titled, “Action Needed to Address Unintended Consequences from Cessation of Domestic Slaughter.” To read more about the history of horse slaughter legislation in the U.S., see this article in The New Food economy.

Industrial Hemp: New York Revises Industrial Hemp Law

On July 12, 2017, New York Governor Andrew Cuomo signed Assembly Bill 8509, which modifies the state’s industrial hemp law. The new bill defines industrial hemp as an agricultural product, establishes an industrial hemp seed certification program, and requires state agencies to collaborate on additional funding for research advancement. During the bill signing, Governor Cuomo remarked that, as a state, New York could find success in the industrial hemp market, and their goal is “to be the nation’s leader in hemp productions.”

National Ag Policy: USDA Releases its Emerging Animal Disease Preparedness Response Plan

On July 14, 2017, the USDA’s Animal and Plant Health Inspection Service (APHIS) released its Emerging Animal Disease Preparedness Response Plan. The plan, “outlines a strategy to detect and respond to emerging animal diseases and define the processes that APHIS will use to identify, evaluate, and respond to emerging diseases in animal populations.” The plan has been in the works since July of 2014. APHIS’s plan is a response to the rise in animal diseases over the last several decades, including of such diseases as, “porcine reproductive and respiratory syndrome, infectious salmon anemia, West Nile virus, and more recently porcine epidemic diarrhea virus.” Of note, APHIS says the document is not intended to remain in its current form in perpetuity, but rather that the plan is a, “living document, which may be updated as infrastructure or policies change.”

Animal Welfare: Perdue Farms Announces Animal Care Improvements

On July 17, 2017, "Perdue Farms announced animal care improvements that have elevated the welfare of its chickens.” This announcement came at the Perdue Farms’ Animal Care Summit, “a gathering of global animal care experts, advocates, researchers, and farmers,” where the company promised to meet criteria outlined in the “Joint Animal Protection Organization Statement on Broiler Chicken Welfare Issues.” The objectives will be incorporated into their own Commitments to Animal Care program, where some of the welfare issues were already being addressed. Some of the new animal welfare practices include giving the chickens more space, exposing them to more light during the day and less light at night, adding windows to chicken houses, moving to controlled atmosphere stunning (CAS), and raising slower growing chickens. To read more about Perdue’s animal welfare updates, see this Meat+Poultry article.

Pesticides: Court Allows Continued Use of Chlorpyrifos

On July 18, 2017 the United States Court of Appeals for the Ninth Circuit denied a motion challenging the EPA’s continued use of the pesticide chlorpyrifos. The motion was a challenge brought by the Pesticide Action Network North America and Natural Resources Defense Council (PANNA) and alleged that the EPA’s decision not to ban chlorpyrifos was inadequate. The court held that the motion was “premature” and that any objections to the EPA’s decision “must first be made through the administrative process mandated by statute.” This recent legislation is another chapter to the longer story between the EPA and PANNA. As discussed in the motion, PANNA filed an administrative petition with the EPA in 2007 asking them to ban the use of chlorpyrifos. Frustrated with a lack of response, in 2014 PANNA petitioned the court for an answer to their administrative petition which they were granted. In March of this year, the EPA responded by denying the petition, which is the reason for the current bout in court.

Pennsylvania Legislation

Agriculture and Rural Affairs (Senate)

• SB792: 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; and, in seed, further providing for disposition of funds. (Re-referred to Appropriations, July 17, 2017)

Environmental Resources and Energy (Senate)

• SB168: A Resolution directing the Joint State Government Commission to establish an advisory committee to conduct a thorough and comprehensive analysis of the potential impact of removing Cambria County from the emissions testing program and report findings and recommendations to the Senate. (Referred to Environmental Resources and Energy, July 14, 2017)

HotLinks:

• "US Foods to acquire three distribution companies" – Meat + Poultry
• "Brexit could mean 'less safe and nutritious products,' report warns" – Food Navigator
• "GMO labeling... What we know and what may happen next" – Food Navigator
• "U.S. Farm Lobby Turns up Heat on Trump Team as NAFTA Talks Near" – Dairy Herd
• "Senator Lisa Murkowski Presents Genetically Engineered Salmon Labeling Act" – YourAlaskaLink.com
• "Horse slaughter vote by House Appropriations Committee raises concerns" – Meat + Poultry
• "PNC shutters marijuana group’s Ohio bank account" – Marijuana Business Daily
• "Maine’s food sovereignty law raises questions about food safety oversight" –  Food Chemical News
• "Suit filed to block NYC from overriding menu labeling rules" – Feedstuffs
• "Ag, biotech stakeholders wary of FDA plan to revise GE animal guidance" – Food Chemical News
• "Does the World’s Top Weed Killer Cause Cancer? Trump’s EPA Will Decide" – Bloomberg
• "'Why the hell am I paying more for this?' ... 'USDA Organic' hens housed at three per square foot" – The Washington Post
• "New York aims to ramp up hemp industry with new law, funding" – Marijuana Business Daily
• "Washington Farmer Charged with Animal Abuse gets Cows Back" – AgWeb
• "Foreign Investment in U.S. Farmland on the Rise" – AgWeb

Listen to our new Agricultural Law Podcast by clicking here!

Follow us on Twitter at 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—February 23, 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:

Biosecurity: Illegal Horsemeat Seized by Border Officials

On February 16, 2017, the U.S. Department of Homeland Security U.S. Customs and Border Protection (CBP) announced that undocumented horsemeat has recently been seized by department agents.  According to CBP, on January 29, 2017, two travelers from Mongolia attempted to enter the U.S. with 42 lbs. of horsemeat concealed inside juice boxes.  CBP stated that due to concerns of foot and mouth disease, “[h]orsemeat is prohibited from entering the United States if it is not accompanied by an official government horsemeat certification from the country or government it originates.” The Mongolian travelers were not criminally charged and were released to continue their visit.  Subsequently, CBP incinerated the seized horsemeat.

Animal Welfare: APHIS Animal Welfare Act Compliance Resources

On February 17, 2017, the U.S. Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) announced the posting of documents relating to the regulating of federal research facilities under the Animal Welfare Act.  According to APHIS, the documents are annual reports of research institutions and inspection reports and “are part of a comprehensive review of the documents the Agency removed from its website in early February.” The documents are available for review on the APHIS website.

Biotechnology: Chinese Scientist found Guilty of Stealing Engineered Rice

On February 16, 2017, the U.S. Justice Department (DOJ) announced that a Chinese scientist has been found guilty of “conspiring to steal samples of a variety of rice seeds from a Kansas biopharmaceutical research facility.” According to DOJ, Weiqiang Zhang, a Chinese national residing in Manhattan, Kansas, worked as a rice breeder for Ventria Bioscience (Ventria).  DOJ stated that “in the summer of 2013, personnel from a crop research institute in China visited Zhang” in Kansas and that “U.S. Customs and Border Protection officers found seeds belonging to Ventria in the luggage of Zhang’s visitors as they prepared to leave the United States for China.” As a result, Zhang “was convicted on one count of conspiracy to steal trade secrets, one count of conspiracy to commit interstate transportation of stolen property and one count of interstate transportation of stolen property.”

Labeling: Meeting Announced for Use of Term “Healthy”

On February 16, 2017, the U.S. Food and Drug Administration (FDA) published notice in the Federal Register announcing a “public meeting entitled “Use of the Term `Healthy' in the Labeling of Human Food Products” (82 FR 10868).  According to FDA, “[t]he purpose of the public meeting is to give interested persons an opportunity to discuss the use of the term ‘healthy’ in the labeling of human food.” The meeting is scheduled to be held on March 9, 2017, from 8:30 a.m. until 5:30 p.m. at the Hilton Washington DC/Rockville Hotel, in Rockville MD.

COOL: Extension of Comment Period for Venison Requirements

On February 17, 2017, U.S. Department of Agriculture (USDA) Agricultural Marketing Service (AMS) published notice in the Federal Register announcing a comment period extension regarding proposed amendments to the Country of Origin Labeling (COOL) regulations (82 FR 10966).  AMS stated that the new amendments seek to add the “regulation of muscle cuts of venison and ground venison to mandatory COOL requirements.” Accordingly, the comment period the proposed change has been extended from March 14, 2017, to April 13, 2017.

National Organic Program: Extension of Comment Period for Allowed and Prohibited Substances  

On February 17, 2017, U.S. Department of Agriculture (USDA) Agricultural Marketing Service (AMS) published notice in the Federal Register announcing a comment period extension for a proposed rule regarding the National Organic Program (82 FR 10967).  According to AMS, “[t]he proposed rule would remove eleven substances from the National List of Allowed and Prohibited Substances for use in organic production and handling.” The comment period for the proposed rule has been extended from March 20, 2017, to April 19, 2017.

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Stay informed with our monthly Agricultural Law Brief located here.

Agricultural Law Weekly Review—February 16, 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:

Animal Welfare: California Farm Faces Cruelty Charges

On February 7, 2017, the Los Angeles Times reported that a California egg farm has been charged with 39 counts of animal cruelty.  According to the article, the charges in question are for the alleged violation of the state’s Prevention of Farm Animal Cruelty Act.  Known also as California Proposition 2, the law “prohibits the confinement of farm animals in a manner that does not allow them to turn around freely, lie down, stand up, and fully extend their limbs.” Passed by voters on November 4, 2008, the Prevention of Farm Animal Cruelty Act became effective on January 1, 2015.

Endangered Species List: Delay in Inclusion of Rusty Patch Bumble Bee

On February 10, 2017, the Fish and Wildlife Service published notice in the Federal Register delaying a final rule classifying the rusty patch bumble bee as an endangered species under the Endangered Species Act of 1973 (82 FR 10285).  According to the notice, the delay is the result of the January 20, 2017, Memorandum from the Assistant to the President and Chief of Staff, entitled, Regulatory Freeze Pending Review.  As a result, the effective date of the final rule is delayed from February 10, 2017, to March 21, 2017.

Marketing Orders: USDA Recommends California Milk Marketing Order

On February 14, 2017, the United States Department of Agriculture (USDA) Agricultural Marketing Service (AMS) published notice in the Federal Register of a “Recommended Decision propos[ing] the issuance of a Federal Milk Marketing Order (FMMO) regulating the handling of milk in California” (82 FR 10634).  According to AMS, “[t]he proposed FMMO incorporates the entire state of California and would adopt the same dairy product classification and pricing provisions used throughout the current FMMO system.” The comment period for the proposed rule closes April 17, 2017.

GMOs: Extension of Comment Period for Certain Genetically Engineered Organisms

On February 10, 2017, the United States Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) published notice in the Federal Register extending the comment period for the agency’s proposed rule revising regulations regarding the importation, interstate movement, and environmental release of certain genetically engineered organisms (82 FR 10312).  As a result, the comment period has been extended from May 19, 2017 to June 19, 2017.  According to APHIS, the proposed rule is “in response to advances in genetic engineering and understanding of the plant pest and noxious weed risk posed by genetically engineered organisms” and is intended to reduce the “burden for regulated entities whose organisms pose no plant pest or noxious weed risks.”

Plant Pest Regulations: Extension of Comment Period

On February 13, 2017, the United States Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) published notice in the Federal Register extending the comment period regarding regulatory changes to the movement of plant pests (82 FR 10444).  The comment period is extended from March 20, 2017, to April 19, 2017.  According to APHIS, the proposed rule would (1) revise regulations regarding the movement and environmental release of biological control organisms; (2) grant permitting exceptions for certain types of plant pests; and (3) revise regulations regarding the movement of soil.

Disease Control: Notice of Changes to National Poultry Improvement Plan

On February 13, 2017, the United States Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) published notice in the Federal Register regarding the availability of proposed changes to the National Poultry Improvement Plan Program Standards (NPIP) (82 FR 10452).  According to APHIS, NPIP is a voluntary program that “is a cooperative Federal-State-Industry mechanism for controlling certain poultry diseases.” The comment period regarding the proposed changes closes March 15, 2017.

Organic Regulations: Organic Livestock and Poultry Practices Rule Delayed

On February 9, 2017, the United States Department of Agriculture (USDA) Agricultural Marketing Service (AMS) published notice in the Federal Register of a 60 day effective date delay regarding the Organic Livestock and Poultry Practices rule (82 FR 9967).  According to the notice, the delay is the result of the January 20, 2017, Memorandum from the Assistant to the President and Chief of Staff, entitled, Regulatory Freeze Pending Review.  As a result, “[t]he effective date of the final rule published on January 19, 2017 (82 FR 7042) is delayed from March 20, 2017, to a new effective date of May 19, 2017.”

AgLaw HotLinks:

• The effect of the estate tax on agriculture - Lubbockonline
• Live poultry markets closed in Hunan, China due to bird flu - FoodSafetyNews
• “Employment Law Issues In Pennsylvania’s Medical Marijuana Act” - TheLegalIntel
• State objects to new classification of “critical habitat” in endangered species rule - Brownfield
• “Sanderson shareholder proposal on reducing antibiotic use fails” - Meatingplace
• Cattle feeding margins, profits significantly higher than this time last year - Drovers
• Hain Celestial Group is being investigated by the SEC - Meatingplace
• Animal rights groups sue #USDA for removing animal welfare records from website - TheHill
• CA dairy producers consider joining the Federal Milk Marketing Order - Feedstuffs
• Genetically modified wheat is approved for field trials in Britain - BBC
• Income on Illinois grain farms is projected to be lower in 2017 - Farms.com
• US President and Canadian Prime Minister discuss potential changes to NAFTA - AgriPulse
• Farm Bureau prepares to offer Dairy Revenue Protection as insurance for dairy farmers - Brownfield 

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

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Stay informed with our monthly Agricultural Law Brief located here.

Agricultural Law Weekly Review—February 9, 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:

Organic: AMS to Delay Organic Livestock and Poultry Effective Date

On February 8, 2017, the United States Department of Agriculture (USDA) Agricultural Marketing Service (AMS) announced that the effective date of the Organic Livestock and Poultry Practices final rule, published on January 19, 2017, has been delayed from March 20, 2017, to May 19, 2017.  The new requirements cover livestock handling and transport for slaughter, avian living conditions, livestock care and production practices, and mammalian living conditions.  According to AMS, the delay is the result of the January 20, 2017, Memorandum from the Assistant to the President and Chief of Staff, entitled, Regulatory Freeze Pending Review. 

GIPSA: USDA Announces Comment Extension for Unfair Practices and Undue Preferences Violations

On February 7, 2017, the United States Department of Agriculture (USDA) Grain Inspection, Packers and Stockyards Administration (GIPSA) announced a 30 day extension of the proposed rule—published at 81 FR 92723—“clarify[ing] the conduct or action by packers, swine contractors, or live poultry dealers that GIPSA considers unfair, unjustly discriminatory.  The comment period now closes on March 24, 2017. According to GIPSA, the delay is the result of the January 20, 2017, Memorandum from the Assistant to the President and Chief of Staff, entitled, Regulatory Freeze Pending Review. 

GIPSA: USDA Announces Extension of Comment Period for Poultry Grower Ranking System  

On February 7, 2017, the United States Department of Agriculture (USDA) Grain Inspection, Packers and Stockyards Administration (GIPSA) announced a 30 day extension of the proposed rule published at 81 FR 92723.  The proposed rule “identifies criteria that the Secretary may consider when determining whether a live poultry dealer's use of a poultry grower ranking system for ranking poultry growers for settlement purposes is unfair, unjustly discriminatory, or deceptive or gives an undue or unreasonable preference, advantage, prejudice, or disadvantage.” The comment period now closes on March 24, 2017.  According to GIPSA, the delay is the result of the January 20, 2017, Memorandum from the Assistant to the President and Chief of Staff, entitled, Regulatory Freeze Pending Review.  

Food Safety: FAO Issues Food Chain Crisis Management Document

In February 2017, the Food and Agriculture Organization of the United Nations (FAO) released a publication entitled Averting Risks to the Food Chain.  The purpose of the document is to “prevent animal disease, plant pest outbreaks, and food safety incidents before they occur.” According to FAO, the intended use of the document is to assist “experts, policy makers, national institutions, and development workers” in the pursuit of ending world hunger.

AgLaw HotLinks:

• New bill aims to prohibit “milk” as a label for plant-based drink products - Feedstuffs
• Group of chicken farmers sue poultry processors alleging collusion over wages - Reuters
• Demand for beef higher than expected, according to National Cattlemen’s Beef Board - Brownfield
• State ag leaders put food safety on priority list for 2018 farm bill - FoodSafetyNews
• Medical Marijuana facility gets township approval; still needs PA issued permit - LancasterOnline
• Wyoming House committee approves country of origin labeling bill  - Meatingplace
• Wyoming & S. Dakota introduce bills to require country-of-origin labeling for beef - FoodSafetyNews
• "4 Court Cases to Watch in Agriculture" - CattleNetwork
• GIPSA rule on market practices in livestock & poultry industry is delayed till April - AgriPulse
• More than half of the volume of wheat produced in the United States has received a loan deficiency payment during the year - USDA
• Tyson received subpoena from SEC for antitrust lawsuit - Meatingplace
• "Cargill turkey brand first to meet Certified Responsible Antibiotic Use standard" -Meatingplace
• Lawmakers in PA argue against Philadelphia soda tax decision - Law360

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. 

Agricultural Law Weekly Review—January 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:

Water: Supreme Court to Hear WOTUS Case

On January 13, 2017, the Supreme Court of the United States agreed to hear a petition regarding the proper venue for challenging the Environmental Protection Agency’s Waters of the United States rule (WOTUS) (National Association of Manufacturers v. Department of Defense, Docket No. 16-299).  According to the Court, the issue involves “whether the U.S. Court of Appeals for the 6th Circuit erred when it held that it has jurisdiction under…the Clean Water Act's judicial review provision…to decide petitions to review the waters-of-the-United-States rule, even though the rule does not ‘issu[e] or den[y] any permit’ but instead defines the waters that fall within Clean Water Act jurisdiction.”

COOL: USDA Proposes Provisions to Include Venison Meat

On January 13, 2017, the United States Department of Agriculture (USDA) Agricultural Marketing Service (AMS) published notice in the Federal Register that the agency was proposing “to amend the country of origin labeling (COOL) regulation to add muscle cuts of venison and ground venison to mandatory COOL requirements” (82 FR 4198).  The comment period for the proposed rule closes March 14, 2017.

Quarantine: Pennsylvania Deer Tests Positive for Chronic Wasting Disease

On January 13, 2017, the Pennsylvania Department of Agriculture (PDA) announced that a deer harvested on a hunting preserve in Franklin County, has tested positive for Chronic Wasting Disease (CWD).  According to PDA, this is “the first new case [of CWD] in a captive deer farm since 2014.” The deer, which was harvested in November 2016, was “raised on a deer farm in Fulton County until it was sold to the Franklin County facility in August 2016.” PDA stated that both farms are currently under quarantine.

Trade: U.S. to Lift Ban on French Beef

On January 13, 2017, the European Commission (EC) issued a statement that the United States was removing a 19 year-old ban on the importation of beef from France.  According to EC, “[t]he American market has been closed to beef from the EU since January 1998, the date on which the United States introduced restrictions on the import of bovine, ovine and caprine meat following the Bovine Spongiform Encephalopathy (BSE) epidemic.”

Organic: USDA Proposes Rule for Organic Research, Promotion, and Information Order

On January 18, 2017, the United States Department of Agriculture (USDA) Agricultural Marketing Service (AMS) published notice in the Federal Register “invit[ing] comments on procedures for conducting a referendum to determine whether the issuance of a proposed Organic Research, Promotion, and Information Order is favored by certified organic producers, certified organic handlers, and importers of certified organic products” (82 FR 5438).  The comment period for the proposed rule closes March 20, 2017.

Medical Marijuana: PDH Publishes Amendments to Temporary Regulations  

On January 14, 2017, the Pennsylvania Department of Health (PDH) published notice in the Pennsylvania Bulletin regarding amendments to the temporary regulations under the Medical Marijuana Act relating to general provisions; and growers/processors (47 Pa.B. 199).  According to PDH, “Interested persons are invited to submit written comments, suggestions or objections regarding the amendments to the temporary regulations to John J. Collins, Office of Medical Marijuana, Department of Health, Room 628, Health and Welfare Building, 625 Forster Street, Harrisburg, PA 17120, (717) 787-4366, RA-DHMedMarijuana@pa.gov.”   

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

• Two year pilot program in France will require country-of-origin food labeling - Meatingplace
• New food trends: consumers want variety and want to know how their food is grown - Brownfield
• USDA approves certification for transitioning organic producers - FeedStuffs
• Final rules released on “certified organic” animal requirements - TheHill
• New bird flu outbreaks still being reported - Meatingplace
• Department of Agriculture published notice of public hearing for apples and hard cider - PABulletin
• Researchers create new form of crop protection with clay nanoparticles - FeedStuffs
• USDA delays rule on livestock handling at slaughterhouses - Meatingplace
• A deer at a private PA hunting preserve found to have chronic wasting disease - LancasterOnline
• Lab-grown meat decreases risk of animal disease/other contaminants and is humane - FoodSafetyNews
• Farmers get primer in ag labor law from Sean High of @AgShaleLaw - LancasterFarming

 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.