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.
International Trade: USMCA
Receives Congressional Approval, Awaits President’s Signature
On January 16, 2020, the U.S.
Congress completed the statutory approval process for the United States-Mexico-Canada Agreement (USMCA). It now awaits the formal application of the
President’s signature, which has yet to be scheduled. Pursuant to the Bipartisan Congressional Trade
Priorities and Accountability Act of 2015, 19 U.S.C. 4201 et seq., (generally referred to as “Trade Promotion Authority” or “TPA”), Congress granted approval through
passage of HR 5430, titled the United
States-Mexico-Canada Agreement Implementation Act. HR 5430 was introduced
on December 13, 2019, passed the U.S. House by a 385-41 vote on December 19,
2019 and passed the U.S. Senate by a 89-10 vote on January 16, 2020. USMCA
has already been fully ratified by the Mexican government but still must be
approved by the Canadian Parliament before implementation. The
congressional approval process was triggered by the December 10, 2019, announcement by the Office of the United States
Trade Representative (USTR) that the United States, Mexico, and
Canada had reached a final agreement on amendments and implementation details
of the previously-negotiated USMCA dated November 30, 2018. The completed
USMCA terminates and replaces the North American Free Trade Agreement (NAFTA). The final USMCA text is
available on the USTR website, along with various fact sheets providing details.
One fact sheet is titled “Agriculture: Market Access and Dairy
Outcomes of the USMC Agreement” and another addresses the USMCA’s impact on Pennsylvania.
Farm Bill: Fourteen States,
New York City, and District of Columbia Sue USDA Over SNAP Benefit Rule
Changes
On January 16, 2020,
Fourteen (14) states, the City of New York, and the District of
Columbia, sued USDA in the United States District Court for the District
of Columbia, Case 1:20-cv-00119,
alleging that the December 4, 2019, Final Rule changing the conditions under
which states may request and obtain a waiver of the maximum eligibility time
for certain Supplemental
Nutrition Assistance Program (SNAP) recipients violates the federal
Administrative Procedure Act, 5 U.S.C. 701-706.
The plaintiffs are requesting that the rule be stayed, enjoined from
becoming effective, vacated, and set aside. In addition to California and New York,
Pennsylvania, New Jersey, Maryland and Virginia have joined in the suit, each
state alleging individualized economic harm. Pennsylvania alleges
that the Final Rule will cost it more than $2.2 million annually in increased
administrative costs and will increase job-training programming costs more than
$21 million over the next six years. For more on USDA’s Final Rule
changing SNAP benefit rules, see the Agricultural Law Weekly Review of December 12,
2019, titled “Farm Bill: USDA Changes SNAP Benefit.”
Dairy Policy: Cornell
University Conducting Dairy Farmer Pricing Survey
On January 14, 2020, Cornell
University’s School of Applied Economics & Management researchers Dr. Todd M. Schmit and Roberta M. Severson commenced
a confidential on-line Dairy Farmer Pricing Survey, in which a dairy producer may participate until February
15, 2020. The survey is located at https://tinyurl.com/DairyPriceSurvey. According to the researchers, the survey is
“developed to better understand farmers’ willingness to accept alternative
premium programs, related milk premium adjustments, and milk handler business
structures.” The survey is intended to gather nationwide information
regardless of the geographic location because the “focus is on price
adjustments made by the handler after the required minimum price is determined
by the relevant milk marketing order.” Data collected “will be used to
determine preferred premium structures under a range of market conditions . . .
as valuable guidance to dairy farmers and milk handlers when considering
alternative pricing structures beyond the milk marketing order and the expected
results therefrom.” The survey is limited to current dairy farmers and
should be completed by the primary owner/operator in charge of the milk
production portion of the farm business. Only one survey should be completed
per farm. The survey should take approximately 15-20 minutes to complete.
Food Policy: USDA Announces
School Lunch & Summer Meals Reforms
On January 17, 2020, USDA’s
Food and Nutrition Service announced the
issuance of a proposed rule
amending regulations governing the National School Lunch Program (NSLP) and
School Breakfast Program (SBP). The proposed rule proposes various and
multiple changes to simplify meal pattern and monitoring requirements.
According to the proposed rule, “implementation of the wide range of proposed changes and flexibilities
is expected to simplify operational requirements, increase efficiency, and make
it easier for State and local Program operators to feed children.” The proposed
rule is scheduled to be published in the Federal Register on January 23, 2020,
and publication will commence a sixty (60) day comment period.
Industrial Hemp: Ohio’s Hemp
Cultivation Regulations Approved by State Regulation Review Agency
On January 16, 2020, the Ohio
Department of Agriculture’s hemp cultivation licensing regulations, Ohio Administrative Code 901:14-1-01 through 901:14-2-99,
were approved by Ohio’s Joint Committee On Agency Rule Review (JCARR), the state government entity charged with
determining if proposed agency regulations
exceed the statutory authority granted by the Ohio General Assembly. The
regulations are scheduled to become effective January 31, 2020. This action follows USDA’s December 27, 2019,
approval of the Ohio Department of Agriculture State Hemp Production Plan, as required by the 2018 Farm Bill. Ohio was one of
the first three state hemp production plans approved by USDA.
From National Ag Law
Authorities & Sources:
Brigit Rollins, New Year, New NEPA: Environmental Law Could See First
Overhaul in Decades (January
16, 2020).
Tiffany Dowell, Will Dispute Arises Over Definition of “Personal Effects” (January 13, 2020).
Penn State Research &
News:
Amy Duke, Scientists examine potential economic impact of spotted
lanternfly in Pa. (January 15, 2020).
Gail McCormick, Including irregular time intervals improves animal
movement studies (January
14, 2020).
AGENCY PRESS RELEASES—STATE/FEDERAL
Pennsylvania Department of
Agriculture Press Releases:
No new releases Jan. 15-21,
2020
U.S. Department of Agriculture
Press Releases:
USDA Invests $7.1 Million in Broadband for Rural Arkansas
Communities (January 21, 2020).
USDA Invests $18.7 Million in Broadband for Rural West
Virginia Communities (January 20,
2020).
USDA Announces School and Summer Meals Reforms (January 17, 2020).
USDA Invests $5.7 Million in Broadband for Rural Nebraska
Communities (January 17, 2020).
USDA Invests $11 Million in Broadband for Rural Minnesota
and Iowa Communities (January
17, 2020).
Secretary Perdue Statement on Senate Passage of USMCA (January 16, 2020).
USDA Announces Plenary Speakers for the 2020 Agricultural
Outlook Forum (January 16, 2020).
USDA Announces Proposed Rule Regarding Equal Treatment of
Faith-Based Organizations (January
16, 2020).
USDA Seeks Input on New Ethanol Sales Infrastructure
Incentive Program (January 16, 2020).
Secretary Perdue: China Phase I Deal is a Bonanza for
American Agriculture (January 15,
2020).
STATE
ACTIONS—EXECUTIVE/LEGISLATIVE
Pennsylvania Executive
Agencies—Actions and Notices:
Department of Agriculture
50 Pa.B. 331
“Controlled Plant and Noxious Weed Committee Meeting [January 23, 2020]” Notice
(January 18, 2020).
Department of Conservation and
Natural Resources
50 Pa.B. 332
“Conservation and Natural Resources Advisory Council Meeting [January 22,
2020]” Notice (January 18, 2020).
State Conservation Commission
50 Pa.B. 436 “Access
to Odor Management Plans for Concentrated Animal Operations and Concentrated
Animal Feeding Operations and Volunteers Complying with the Commonwealth's
Facility Odor Management Program” Notice (January 18, 2020).
50 Pa.B. 437 “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” Notice (January 18, 2020).
Susquehanna River Basin
Commission
50 Pa.B. 464
“Grandfathering Registration Notice” Notice (January 18, 2020).
50 Pa.B. 465 “Public
Hearing [February 6, 2020]” Notice (January 18, 2020).
Pennsylvania Legislature
H.B. 1187 “An Act
amending Title 30 (Fish) of the Pennsylvania Consolidated Statutes, in special
licenses and permits, further providing for Lake Erie fishing permits” Third
consideration and final passage [House] (January 15, 2020).
H.B. 1003 “An Act
amending Title 30 (Fish) of the Pennsylvania Consolidated Statutes, in dams,
bar racks and migration devices, further providing for marking of dams” Third
consideration and final passage [House] (January 15, 2020).
H.B. 918 “An Act
repealing the act of May 20, 1857 (P.L.617, No.658), entitled ‘An act making an
Appropriation from the State Treasury, in aid of the Farmers’ High School’” Third
consideration and final passage [House] (January 14, 2020).
H.B. 523 “An Act
amending the act of June 13, 1836 (P.L.551, No.169), referred to as the General
Road Law, further providing for repair of private roads” Third
consideration and final passage [House) (January 14, 2020).
S.B. 986 “An Act
amending the act of December 22, 1983 (P.L.303, No.83), referred to as the
Animal Destruction Method Authorization Law, in methodology, further providing
for methods of destruction of animals and exclusive method for small domestic
animals” Referred to Agriculture and Rural Affairs [Senate]
(January 17, 2020).
S.B. 989 “An Act
amending Title 34 (Game) of the Pennsylvania Consolidated Statutes, in hunting
and furtaking, providing for taking of bobcats prohibited” Re-referred
to Game and Fisheries [Senate] (January 15, 2020).
H.B. 2221 “An Act
amending Title 34 (Game) of the Pennsylvania Consolidated Statutes, in hunting
and furtaking, further providing for unlawful devices and methods; and, in
hunting and furtaking licenses, further providing for denial or revocation of
licenses and for period of revocation” Referred to Game and Fisheries
[House] (January 15, 2020).
H.B. 2218 “An Act
amending the act of April 12, 1951 (P.L.90, No.21), known as the Liquor Code,
in Pennsylvania liquor stores, further providing for sales by Pennsylvania
liquor stores; and, in licenses and regulations and liquor, alcohol and malt
and brewed beverages, further providing for wine expanded permits” Referred
to Liquor Control [House] (January 15, 2020).
H.B. 2213 “An Act
amending Title 68 (Real and Personal Property) of the Pennsylvania Consolidated
Statutes, in land banks, further providing for acquisition of property” Referred
to Urban Affairs [House] (January 14, 2020).
H. Res. 654 “A Resolution
recognizing February 25, 2020, as "World Spay Day" in Pennsylvania” Reported
as committed [House] (January 14, 2020).
H. Res. 653 “A Resolution
designating the week of March 16 through 22, 2020, as ‘Maple Producers Week’ in
Pennsylvania” Reported
as committed [House] (January
14, 2020).
H. Res. 64 “A
Resolution establishing a legislative task force on the delivery of high-speed
broadband services and directing the Joint State Government Commission to
establish an advisory committee to conduct a study on the delivery of
high-speed broadband services in unserved areas and underserved areas of this
Commonwealth and to report its findings and recommendations to the House of
Representatives” Removed from table [House] (January 14, 2020).
FEDERAL
ACTIONS—EXECUTIVE/LEGISLATIVE
Federal Executive
Agencies—Actions and Notices:
Agriculture Department
85 FR 2897 “Equal
Opportunity for Religious Organizations in U.S. Department of Agriculture
Programs: Implementation of Executive Order 13831” Proposed
Rule—Comment Period (January 17, 2020).
Animal and Plant Health
Inspection Service
85 FR 2621 “User
Fees for Agricultural Quarantine and Inspection Services” Rule (January
16, 2020).
Commodity Credit Corporation
85 FR 2699 “Request
for Information on a Higher Blends Infrastructure Incentive Program” Notice—Comment
Period (January 16, 2020).
Environmental Protection
Agency
85 FR 2654
“Fenhexamid; Pesticide Tolerances” Rule—Comment Period (January
16, 2020).
85 FR 3371
“Pesticide Product Registration; Receipt of Applications for New Uses (November
2019)” Notice—Comment Period (January 21, 2020).
85 FR 3306 “Control
of Air Pollution From New Motor Vehicles: Heavy-Duty Engine Standards” Proposed
Rule—Comment Period (January 21, 2020).
Federal Communications
Commission
85 FR 3044 “Wireline
Competition Bureau Provides Guidance on the Implementation Schedule for Reforms
Adopted by the Rural Health Care Program Promoting Telehealth Report and Order”
Notice (January 17, 2020).
Federal Emergency Management
Agency
85 FR 3397 “Proposed
Flood Hazard Determinations [Utah]” Notice—Comment Period
(January 21, 2020).
85 FR 3398 “Proposed
Flood Hazard Determinations [Virginia]” Notice—Comment Period
(January 21, 2020).
85 FR 3405 “Proposed
Flood Hazard Determinations [Missouri]” Notice—Comment Period
(January 21, 2020).
85 FR 3400 “Changes
in Flood Hazard Determinations[Colorado, Florida, Louisiana, New Mexico,
Oklahoma, Texas]” Notice (January 21, 2020).
85 FR 3402 “Final
Flood Hazard Determinations [Alabama, Arkansas, Florida, Iowa, Kentucky,
Missouri, Nebraska, Ohio, Oregon]” Notice (January 21,
2020).
Food and Nutrition Service
85 FR 3335 “Agency
Information Collection Activities: Proposed Collection; Comment
Request-Determining Eligibility for Free and Reduced Price Meals and Free Milk”
Notice—Comment Period (January 21, 2020).
Forest Service
85 FR 2384 “Boundary
Establishment for Rio Chama National Wild and Scenic River, Santa Fe National
Forest, Carson National Forest, and Bureau of Land Management Taos Field
Office, Rio Arriba County, New Mexico” Notice (January 15, 2020).
85 FR 2383 “Boundary
Establishment for Sipsey Fork of the West Fork National Wild and Scenic River,
Bankhead National Forest, Lawrence and Winston Counties, Alabama” Notice
(January 15, 2020).
85 FR 2384
“Allegheny Resource Advisory Committee [Meetings: February 21, February 28 and
March 26, 2020]” Notice (January 15, 2020).
85 FR 2383 “Black
Hills National Forest Advisory Board [Meeting]” Notice (January
15, 2020).
Homeland Security Department
85 FR 3067
“Identification of Foreign Countries Whose Nationals Are Eligible To
Participate in the H-2A and H-2B Nonimmigrant Worker Programs” Notice
(January 17, 2020).
Labor Department
85 FR 3078 “Agency
Information Collection Activities; Submission for OMB Review; Comment Request;
Trade Adjustment Assistance (TAA) Efforts To Improve Outcomes” Notice—Comment
Period (January 17, 2020).
Land Management Bureau
85 FR 3410 “Notice
of Intent To Prepare an Environmental Impact Statement for the Proposed
Revision of Grazing Regulations for Public Lands” Notice (January
21, 2020).
National Park Service
85 FR 2437 “National
Park System Advisory Board; Charter Renewal” Notice (January 15,
2020).
Small Business Administration
85 FR 3101
“Presidential Declaration Amendment of a Major Disaster for the State of South
Dakota” Notice (January 17, 2020).
Wage and Hour Division
85 FR 2760 “Agency
Information Collection Activities; Comment Request; Information Collections:
Disclosures to Workers Under the Migrant and Seasonal Agricultural Worker
Protection Act” Notice (January 16, 2020).
85 FR 2820 “Joint
Employer Status Under the Fair Labor Standards Act” Rule (January
16, 2020).
U.S. House Agriculture
Committee Actions:
H.R.5627 “MATCH Act
of 2020 [To amend the Agricultural Credit Act of 1978 with respect to
pre-agreement costs of emergency watershed protection measures, and for other
purposes]” Referred to the House Committee on Agriculture
(January 16, 2020).
H.R.5430 “United
States-Mexico-Canada Agreement Implementation Act” Message on Senate
action sent to the House (January 16, 2020).
H.R.5601 “Property
Rights Protection Act of 2020” Referred to Committees on Agriculture
and Natural Resources (January 14, 2020).
H.R.4723 “Fish Act
of 2019” Subcommittee Hearings Held (January 14, 2020).
U.S. Senate Agriculture,
Nutrition, And Forestry Committee Actions:
S.3221 “A bill to
place a moratorium on large concentrated animal feeding operations, to
strengthen the Packers and Stockyards Act, 1921, to require country of origin
labeling on beef, pork, and dairy products, and for other purposes” Read
twice and referred to the Committee on Agriculture, Nutrition, and Forestry (January
21, 2020).
S.3106
“Reforestation Act of 2019” Read twice and referred to the Committee
on Agriculture, Nutrition, and Forestry (January 19, 2020).
S.3141 “Food
Donation Improvement Act of 2019” Read twice and referred to the
Committee on Agriculture, Nutrition, and Forestry (January 19, 2020).
S.3214 “MATCH Act of
2020” Read twice and referred to the Committee on Agriculture,
Nutrition, and Forestry (January 16, 2020).
Follow us on Twitter at PSU
Ag & Shale Law (@AgShaleLaw) to receive AgLaw HotLinks
January 15-21, 2020 Top
Tweets:
“Plant-based meat alternative market to post 11% growth” (January 15, 2020)
“Borden receives court approval to continue business as
usual” (January 14, 2020).
“EU Commission bans Bayer pesticide linked to harming
bees” (January 13, 2020).
“Ag groups hail USMCA passage by Senate” (January 16, 2020).
“High anxiety: Proposed US hemp rules worry industry” (January 13, 2020).
“Poland hit by another bird flu outbreak on goose farm” (January 13, 2020).
“Farm groups react to China-U.S. trade agreement” (January 15, 2020).
“Top ten agricultural law issues in 2019” (January 14, 2020).
“Pennsylvania Invests Big In Dairy” (January 16, 2020)
Connect with us on Facebook. Every week
we post the CASL Ledger detailing all of our publications and activities from
the week.
Want to get updates, but prefer to listen? Check out the
Agricultural Law Podcast. Subscribe at our Libsyn page, iTunes, Spotify, or
Stitcher.
Review last month’s biggest legal developments in agriculture in
the December 2019 Agricultural Law Brief. If you’d
like to receive this monthly update via email, check out our website and subscribe.
