Agricultural Law Weekly Review—March 29, 2017

Agricultural Law Weekly Review—March 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:

Ag Policy: President Trump Signs Executive Order on Energy

On March 28, 2017, President Donald Trump signed an Executive Order entitled: Promoting Energy Independence and Economic Growth.  According to a White House press release, the Executive Order:

• “directs the Environmental Protection Agency to suspend, revise, or rescind four actions related to the Clean Power Plan”
• “rescinds Executive and Agency actions centered on the previous administration’s climate change agenda”
• “directs all agencies to conduct a review of existing actions that harm domestic energy production and suspend, revise, or rescind actions that are not mandated by law”
• “directs agencies to use the best available science and economics in regulatory analysis” 

Avian Influenza: Commercial Georgia Flock Confirmed Positive

On March 27, 2017, the Georgia Department of Agriculture (GDA) confirmed that a Georgia commercial poultry flock “has tested positive for H7, presumptive low pathogenic avian influenza (LPAI).” According to GDA, “[t]he virus was identified during routine pre-sale screening for the commercial facility.” GDA stated that the flock has been depopulated.

Ag-Gag: Arkansas Bill Signed into Law

On March 23, 2017, Arkansas Governor Asa Hutchinson signed into law HB1665 entitled: To Create a Cause of Action for Unauthorized Access to Another Person's Property.  The legislation creates a civil cause of action for unauthorized access to agricultural property and covers an employee that “[r]ecords images or sound occurring within an employer's commercial property and uses the recording in a manner that damages the employer.”

Ag Data: Farm Groups and EPA Reach Privacy Settlement

On March 28, 2017, the American Farm Bureau Federation (AFBF) issued a press release announcing that a federal judge has approved a settlement regarding litigation brought by AFBF and the National Pork Producers Council against the Environmental Protection Agency (EPA).  According to AFBF, the litigation was initiated “after EPA released a vast compilation of spreadsheets containing personal information about farmers and ranchers in 29 states who raise livestock and poultry, in some cases including the names of farmers, ranchers and sometimes other family members, home addresses, email addresses, GPS coordinates and telephone numbers.”  AFBF stated that as part of the settlement, EPA has agreed that “only the city, county, zip code and permit status of an operation will be released.”

Invasive Species: PDA and PSU Extension to Train Volunteers

On March 24, 2017, the Pennsylvania Department of Agriculture (PDA) issued a press release announcing that PDA “in conjunction with Penn State Extension and Berks County Conservation District, will host a series of April public meetings to train volunteers to assist in eradicating the invasive Spotted Lanternfly.” According to PDA, the meetings will be held “in Berks, Bucks, Lehigh and Montgomery counties.”

Pennsylvania Legislation 

• Senate Agriculture & Rural Affairs: S545 Dog Law amendment - spaying/neutering as a condition of shelter release (referred March 24, 207)
• House Agriculture & Rural Affairs: HB 972 Additional requirements for Boarding Kennels (referred March 27, 2017)
• House Tourism and Recreational Development: HB 977 Lease land by recreational authorities for OHV riding (RULWA) (referred March 27, 2017) 

Pennsylvania Administrative Actions and Notices

• Department of Environmental Protection: Applications for National Pollutant Discharge Elimination System (NPDES) Permits and Water Quality Management (WQM) Permits
• 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:

• “Pennsylvania Produce Featured Along the PA Turnpike” - PA Pressroom
• Rusty Patch bumblebee is now on the endangered species list - Reuters
• "Dairy groups asks for farm bill fixes" - FeedStuffs
• "GMO- Ethanol Corn Contaminates Non-GMO White Corn Used in Tortillas" - EcoWatch
• "Raw milk still looking for wins as legislative season nears end" - FoodSafetyNews
• Fed Aviation Administration predicts dramatic increase in drone usage - Pork Network
• "Meat industry proposes animal disease protection in farm bill" - TriState Livestock News
• EPA is rewriting the Waters of the U.S. rule according to executive order guidelines - WNAX
• National Farmers Union shows support for country of origin labeling  - Brownfield
• "Financial Relief Bill to Diary Farmers Survives Challenge" - AgWeb 

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—February 2, 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:

WOTUS: Court Rules against Army Corps’ Clean Water Act Jurisdiction

On January 24, 2017, the U.S. District Court for the District of Minnesota held that United States Army Corps of Engineers had incorrectly claimed Clean Water Act jurisdiction over a peat mining operation in Minnesota (Hawkes Co. v. U.S. Army Corps of Eng’rs, Civil No. 13-107 ADM/TNL, 2017 WL 359170).  The decision set aside the Corps’ jurisdictional determination regarding the wetland at issue and enjoined the Corps from further attempts to assert jurisdiction over the property.  For more analysis of this case, please see the Center’s recent Agricultural Law in the Spotlight article found here.

Federal Regulations: President Signs Executive Order Aimed at Regulation Reduction

On January 30, 2017 President Donald J. Trump signed an Executive Order entitled: Reducing Regulations and Controlling Regulatory Costs.  According to the Executive Order, “[u]nless prohibited by law, whenever an executive department or agency publicly proposes for notice and comment or otherwise promulgates a new regulation, it shall identify at least two existing regulations to be repealed.” Additionally, the Executive Order stated, “[f]or fiscal year 2017, which is in progress, the heads of all agencies are directed that the total incremental cost of all new regulations, including repealed regulations, to be finalized this year shall be no greater than zero, unless otherwise required by law or consistent with advice provided in writing by the Director of the Office of Management and Budget.”

Farm Credit: FCSIC Adjusts Penalties for Inflation

On January 30, 2017, the Farm Credit System Insurance Corporation (FCSIC) published notice in the Federal Register of a final rule “implement[ing] inflation adjustments to civil money penalties that [FCSIC] may impose under the Farm Credit Act of 1971” (82 FR 8670).  According to FCSIC, under the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 agencies are required to make annual adjustments for inflation.  FCSIC stated that these “[a]nnual inflation adjustments are based on the percent change between the October Consumer Price Index for all Urban Consumers (CPI-U) preceding the date of the adjustment, and the prior year's October CPI-U.”

Crop Insurance: Missouri Farmer Indicted for Fraud

On January 31, 2017, the United States Attorney’s Office Western District of Missouri announced that a federal grand jury has indicted a Missouri farmer on charges of crop insurance fraud.  The announcement stated that the farmer, Ryan Ruckman, allegedly engaged in a scheme to defraud the government out nearly $800,000.  According to the United States attorney’s, Ruckman allegedly “claim[ed] federal benefits in his son’s name in order to receive additional payments from the U.S. Department of Agriculture under the Supplemental Revenue Assistance Program (SURE), the Direct and Counter-cyclical Payment program and the Multiple Peril Crop Insurance program.”

Invasive Species: Pennsylvania Expands Spotted Lanternfly Quarantine   

On January 30, 2017, the Pennsylvania Department of Agriculture (PDA) announced that three additional townships have been added to the Commonwealths spotted lanternfly quarantine.  The three townships are East Pikeland and Warwick townships in Chester County, and Haycock Township in Bucks County.  The number of townships under the quarantine—which restricts movement of any material or object that can spread the pest—currently stands at seventy four.

AgLaw HotLinks:

• New immigration policies are a cause for concern when it comes to agricultural labor - AgriPulse
• GIPSA rules hit another speed bump - Meatingplace
• TechSciResearch projects increase in dairy consumption - Brownfield
• Study ranks food companies on their farm animal welfare policies - Meatingplace
• Bee population decline attributed to many factors & can be remedied by simple practices - Feedstuffs
• Agricultural industry questions new 1 in, 2 out, executive order on regulations - AgriPulse
• Corn prices have wavered but corn consumption for feed has generally increased - Farms.com
• Meat industry talks about potential impact from refugee ban - Meatingplace
• UConn replaced beef burgers with blended mushroom burgers for health and environment - Meatingplace
• 14 poultry companies accused of conspiring to fix prices for broiler chickens - MeatPoultry

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 26, 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:

Federal Regulations: President Issues Freeze on New and Pending Regulations

On January 20, 2017, Reince Priebus, Assistant to the President and Chief of Staff, issued a Memorandum on behalf of the President placing a freeze on any new or pending federal regulations.  First, the memorandum stated that no new regulations may be sent to the Office of the Federal Register (OFR) until an agency or department head appointed by the President reviews and approves the regulation.  Second, any regulation already sent to OFR, but not published in the Federal Register (FR), must be immediately withdrawn. Third, any regulations published in the FR, but which have not taken effect, will have their effective date delayed for 60 days from the date of the memorandum (January 20, 2017).

Genetically Engineered: USDA Proposes Changes to Biotechnology Regulations

On January 19, 2017, the United States Department of Agriculture (USDA) Animal and Plant Health Service (APHIS) published notice in the Federal Register that the agency is “revis[ing] its regulations regarding the importation, interstate movement, and environmental release of certain genetically engineered organisms” (82 FR 7008).  According to APHIS, the proposed revision is “in response to advances in genetic engineering and understanding of the plant pest and noxious weed risk posed by genetically engineered (GE) organisms, thereby reducing burden for regulated entities whose organisms pose no plant pest or noxious weed risks.” The comment period for the proposed rule closes May 19, 2017.

Plant Technology: FDA Requests Comment for Genome Editing of Plants Used for Human and Animal Food

On January 19, 2017, the United States Food and Drug Administration (FDA) published notice in the Federal Register announcing the “establishment of a docket to receive comments on the use of genome editing techniques to produce new plant varieties that are used for human or animal food” (82 FR 6564).  According to FDA, “[r]ecently, new technologies have emerged that are intended to alter the genomes of various organisms…[which] make it easier for plant developers to produce new plant varieties with targeted genetic modifications.” As a result, FDA seeks comment to help inform the agency’s thinking regarding foods derived from new plant varieties using these technologies.  The comment period closes April 19, 2017. 

International Trade: President Withdraws US from Tran-Pacific Partnership

On January 25, 2017, President Donald J. Trump published notice in the Federal Register of a Memorandum entitled: Withdrawal of the United States from the Trans-Pacific Partnership Negotiations and Agreement (82 FR 8497).  According to the Memorandum, the President directs the United States Trade Representative to withdraw the United States as a signatory to the Trans-Pacific Partnership (TPP) and to permanently withdraw the United States from TPP negotiations.

Labeling: Revision to Nutrition Facts Label for Meat and Poultry Products 

On January 19, 2017, the United States Department of Agriculture (USDA) Food Safety and Inspection Service (FSIS) published notice in the Federal Register of a proposed rule to amend the nutrition labeling requirements for meat and poultry products (82 FR 6732).  Included among FSIS’s proposed changes are a revision to the format and appearance of the Nutrition Facts label and an update to the list of nutrients that are required or permitted to be declared.  The comment period for the proposed rule closes March 20, 2017.

Dairy: Pennsylvania Milk Marketing Board Meeting Scheduled

On January 21, 2017, the Pennsylvania Milk Marketing Board (Board) published notice in the Pennsylvania Bulletin that the Board will conduct a public hearing for Milk Marketing Areas 1—6 on February 27, 2017, at 10 a.m. in Room 309, Agriculture Building, 2301 North Cameron Street, Harrisburg, PA (47 Pa.B. 396).  According to the notice, “[t]he purpose of the hearing is to receive testimony and exhibits concerning the level and duration of the Class I over-order premium to be effective April 1, 2017.”

AgLaw HotLinks: 

• USDA’s country-of-origin labeling to be amended to include venison - Meatingplace
• Lab-grown meat decreases risk of animal disease/other contaminants and is humane - FoodSafetyNews
• A deer at a private PA hunting preserve found to have chronic wasting disease - LancasterOnline
• “Consumer inflation up; food prices unchanged” - Meatingplace
• FDA releases draft rules regarding animals with genome engineering - Nature
• “Rural America matters to all Americans” - TheConversation
• EPA nominee assured senators he would enforce Chesapeake Bay cleanup agreement - LancasterOnline
• “Farm lending activity slows” - FeedStuffs
• Business Benchmark on Farm Animal Welfare releases annual report on animal welfare - MeatPoultry
• Agribusinesses and farm groups ask to take part in NAFTA renegotiations - AgriPulse
• “Rules for Safe Food for Canadians Act reach final review phase” - FoodSafetyNews

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.