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
Law: PA Supreme Court Decides Not to Use Power to Hear Phila. Soft Drink Tax
Challenge
On November 2, 2016, the Pennsylvania Supreme Court denied
a motion requesting an exercise of King’s Bench Powers to hear a challenge to Philadelphia
City’s recently passed tax on sweetened beverages (Williams, et al., Pets. v. City of Phila., et al. - No. 148 EM 2016).
Scheduled to go into effect on January
1, 2017, the tax is being contested by beverage retailers and distributors on
grounds that it unlawfully generates revenue for Philadelphia at the expense the
state. Because the court chose not to take-up the
case under its plenary jurisdiction, the case continues in the Philadelphia
Court of Common Pleas.
Food
Safety: FDA Issues FSMA Draft Guidance Document for Describing a Hazard
On October 28, 2016, the United States Food &
Drug Administration (FDA) issued a document entitled: Draft Guidance for Industry: Describing a Hazard That Needs Control in Documents Accompanying the Food, as Required by Four Rules Implementing FSMA.
According to FDA, “[t]his guidance is intended for any entity that is subject
to certain provisions (in part 117, part 507, the produce safety regulation, or
the FSVP regulation) that require a disclosure statement, in documents
accompanying food, that certain hazards have not been controlled by that
entity.” FDA stated that the document contains
non-binding recommendations and is being distributed for comment purposes only.
Food
Safety: FDA Issues FSMA Guidance Documents
On October 31, 2016, the United States Food &
Drug Administration (FDA) issued a document entitled: Guidance for Industry: What You Need to Know About the FDA Regulation:
Current Good Manufacturing Practice, Hazard Analysis, and Risk-Based Preventive
Controls for Human Food; Small Entity Compliance Guide. According to FDA, “[t]his guide was developed
to inform domestic and foreign food facilities about the [Preventive Controls
for Human Food] regulation and how to comply with it.” Additionally, on October
31, 2016, FDA issued a document entitled: Guidance
for Industry: Small Entity Compliance Guide - Current Good Manufacturing
Practice, Hazard Analysis, and Risk-Based Preventive Controls for Food for
Animals. According to FDA, “[t]he
intent of this guide is to inform domestic and foreign animal food facilities
about the [Preventive Controls for Food for Animals] regulations and enable
them to better understand the requirements of the rule.”
Equine:
PA Governor Signs Law Reinstating Breeding Fund Payments
On October 28, 2016, Pennsylvania Governor Tom Wolfe
signed legislation reforming the Pennsylvania Breeding Fund (HB 2303). According to a press release issued by the
Pennsylvania Department of Agriculture, the new law “fixes an unintended
consequence of the equine racing industry reforms enacted in February 2016 that
changed the criteria for payments under the state Breeding Fund award program…[which
historically had] awarded breeders of registered Pennsylvania-bred thoroughbred
horses that placed first, second or third in races at the state’s licensed
racing tracks.” The press release stated
that the February 2016 reforms “inadvertently changed the eligibility criteria
for those awards, removing the Pennsylvania-bred requirement and instead only
required winning horses to have been sired in the state.” As a result, the “unintended
change essentially rendered the program unable to be administered, thus
preventing the payment of awards earned since Feb. 23, 2016.” HB 2303 restored
the program’s qualifications to their original form for both the remainder of
2016 and retroactive to February 2016.
GMOs:
APHIS Approves Two Biotech Potatoes
On October 28, 2016, the United States Department of
Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) announced that the agency had approved two genetically engineered J.R. Simplot Company potatoes. Known as Ranger Russet variety (X17) and
Atlantic variety (Y9), the two potatoes have been genetically engineered for:
(1) late blight resistance; (2) low acrylamide potential; (3) reduced black
spot bruising; and (4) lowered reducing sugars.
According to APHIS, the two varieties do not pose a risk to the
environment and/or plant pests.
International
Trade: Canada and EU Sign CETA Trade Deal
On October 30, 2016, the European Commission (EC) announced that the European Union and Canada had signed a trade agreement, known as the
Comprehensive Economic and Trade Agreement (CETA). According to EC, CETA will eliminate 99% of tariffs
and create new opportunities for EU farmers and food producers by increasing
exports of “cheese, wine and spirits, fruit and vegetables, processed products
and geographical indications” while at the same time fully protecting the
sensitivities of the EU by requiring that Canada satisfy EU rules and
regulations.
