Written
by:
Jackie
Schweichler—Staff Attorney
Audry
Thompson—Research Assistant
The
following information is an update of recent local, state, national, and
international legal developments relevant to agriculture:
WOTUS:
EPA Repeals 2015 Rule Defining “Waters of the United States”
On
September 12, 2019, U.S. Environmental Protection Agency (EPA) Administrator
Andrew Wheeler announced the repeal of the 2015 Clean
Water Act rule defining “waters of the United States” (WOTUS). According
to EPA, the repeal of the 2015 rule is the first step in its two-step approach
to redefine WOTUS and clearly distinguish between federally regulated and
state-controlled waters. For the second step, EPA proposed a new WOTUS
definition in December 2018 (84 FR 4154). The final rule will become active after 60
days once published in the Federal Register. For further explanation of
“waters of the United States,” see the March 7, 2017 and January 2, 2019
Agricultural Law in the Spotlight articles, Executive Order on the “Waters of the United States” Rule and U.S. EPA and Army Corps of Engineers Issue Proposed
Revised Definition of “Waters of the United States.”
Food
Safety: USDA Announces Swine Slaughter Inspection Final Rule
On
September 17, 2019, the U.S. Department of Agriculture announced the final rule, Modernization of Swine Slaughter Inspection. The
purpose of the final rule is to “improve the effectiveness of market hog
slaughter inspections” and to reduce pathogens in pork food products. The
final rule allows market hog slaughter facilities to choose whether to operate
under the New Swine Slaughter Inspection System (NSIS) or continue to use the
existing system. Facilities choosing to operate under NSIS must create
and maintain new procedures in their Hazard Analysis and Critical Control Point
(HACCP) systems. According to the announcement, all swine slaughterhouses will
have new microbial testing requirements. The final rule also revises
sampling requirements for small establishments.
Water
Quality: Iowa Court Allows Stormwater Pollution Case to Move Forward
On
September 10, 2019, the Iowa District Court for Polk County denied a motion to dismiss in a lawsuit
involving pollution in the Raccoon River (Iowa Citizens for Community
Improvement, et al., v. State of Iowa, et al., Case No. EQCE084330).
The plaintiffs, Iowa Citizens for Community Improvement and Food & Water Watch, filed this suit
alleging that Iowa has failed to protect the state’s waterways from pollution.
They argue that the nitrate pollution from fertilizer pollutes the Raccoon
River, affecting drinking water and recreation activities. The plaintiffs
are asking the state to issue a remedial plan with pollution controls. The
plaintiffs also would like the court to prohibit the construction of new animal
feeding operations. The state argued that the plaintiffs lacked
standing and that the claims constitute a political question. The court agreed
with the plaintiffs and denied the defendant’s motion to dismiss.
Food
Labeling: Government Accountability Office Releases Report on Food Label Dates
On September 9, 2019, the U.S. Government Accountability Office (GAO) released a report on food label dates, Date Labels on Packaged Foods, USDA and FDA Could Take Additional Steps to Reduce Consumer Confusion. The purpose of the report was to examine how USDA and FDA address consumer confusion over date labeling on food packages. According to GAO, 133 billion pounds of food is lost or wasted each year, and consumer confusion may be responsible for part of this waste. GAO recommends that USDA and FDA should collaborate with nonfederal stakeholders, such as state, local, and tribal governments. GAO suggests that this additional coordination will help ensure that methods to reduce consumer confusion will be more effective.
On September 9, 2019, the U.S. Government Accountability Office (GAO) released a report on food label dates, Date Labels on Packaged Foods, USDA and FDA Could Take Additional Steps to Reduce Consumer Confusion. The purpose of the report was to examine how USDA and FDA address consumer confusion over date labeling on food packages. According to GAO, 133 billion pounds of food is lost or wasted each year, and consumer confusion may be responsible for part of this waste. GAO recommends that USDA and FDA should collaborate with nonfederal stakeholders, such as state, local, and tribal governments. GAO suggests that this additional coordination will help ensure that methods to reduce consumer confusion will be more effective.
National
Agricultural Policy: White House Declares National Farm Safety and Health Week
On
September 13, 2019, the White House issued the Presidential Proclamation on National Farm Safety and
Health Week, 2019. The proclamation declared the National
Farm Safety and Health Week (Farm Safety Week) for September 15 through
September 21, 2019. According to the proclamation, there were 581
work-related deaths for agricultural workers in 2017. The purpose of
Farm Safety Week will be to raise awareness of the dangers of agricultural work
in order to improve safety practices. The proclamation was published in the Federal Register on
September 17, 2019.
From
National Ag Law Experts:
Juliette
Majot, Climate change and a new agricultural system (August
8, 2019)
Karen
Hansen-Kuhn, Mexico’s move toward food self-sufficiency confronts GMOs (September
2, 2019)
Federal
Actions and Notices:
Agricultural
Marketing Service
“Amendments to the Regulations Governing Meats, Prepared
Meats, and Meat Products (Grading, Certification, and Standards)” (September
16, 2019)
Animal
and Plant Health Inspection Service
“Environmental Impact Statement; Regulation of the
Importation, Interstate Movement, and Intrastate Movement of Plant Pests:
Record of Decision” (September 13, 2019)
Executive
Office of the President
“National Farm Safety and Health Week, 2019”
(September 17, 2019)
Farm
Credit Administration
“Organization; Funding and Fiscal Affairs, Loan Policies
and Operations, and Funding Operations; Investment Eligibility” (September
18, 2019)
Farm
Credit System Insurance Corporation
“Regular Meeting; Farm Credit System Insurance
Corporation Board” (September 13, 2019)
“Agricultural Disaster Indemnity Programs” (September
13, 2019)
Food and
Drug Administration
“A New Era of Smarter Food Safety; Public Meeting,
Request for Comments” (September 18, 2019)
Susquehanna
River Basin Commission
“Review and Approval of Projects” (September
13, 2019)
Pennsylvania
Actions and Notices:
Department
of Environmental Protection
“Water Resources Advisory Committee Meeting Rescheduled
and Meeting Cancellation” (September 14, 2019)
“Environmental Assessment Approval for PENNVEST Funding
Consideration” (September 14, 2019)
“Applications for National Pollutant Discharge
Elimination System (NPDES) Permits and Water Quality Management (WQM) Permits” (September
14, 2019)
Milk
Marketing Board:
“Special Sunshine Meeting” September 18, 2019 (September
14, 2019)
Pennsylvania
Department of Agriculture:
“Wolf Administration Opens Applications for Second Round
of Dairy Investment Program Grants” (September 17, 2019)
“During Farm Safety Week Agriculture Secretary Urges
Driver Awareness; New Allowances for Farm Implements on Roadways in Effect” (September
17, 2019)
Penn
State Research:
“Eating cheese may offset blood vessel damage from salt” (September
17, 2019)
“Novel use of laser technology reveals interactions
between roots, soil organisms” (September 16, 2019)
“Researchers hope to stop spotted lanternfly before
species reaches Erie County” (September 17, 2019)
“‘Cultivated’ Meat Could be the Most Consumer-Friendly
Term for Cell-cultured Meat, Suggests Mattson/GFI Research” (Sept. 13, 2019)
Connect
with us on Facebook! Every week we will post the CASL Ledger which details all
our publications and activities from the week.
Want
to get updates, but prefer to listen? Check out the Agricultural Law Podcast! We can
always be found on our Libsyn page, iTunes, Spotify, or Stitcher.
Review
last month’s biggest legal developments in agriculture in the August 2019 Agricultural Law Brief. If you’d
like to receive this update via email, check out our website and subscribe!
