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:
Avian
Influenza: APHIS Proposes Change to Avian Influenza Virus Elimination Payments
for Floor-Raised Meat Poultry
On December 21, 2017, the U.S. Department of
Agriculture’s Animal Plant and Health Inspection Service (APHIS) announced
a proposed change to the flat rate calculation for floor-raised meat poultry
eliminated after a notifiable detection of avian influenza. Accordingly, APHIS is proposing a flat rate
payment for all floor-raised meat poultry facilities that will be based on a
calculation of a facility’s square footage.
The change would replace the current flat rate which is based on a
calculation of number of birds. APHIS
will accept comment on the proposed elimination rate change until January 12,
2017.
Animal
Welfare: New York Town Rejects Animal Welfare Ordinance
On December 11, 2017, the Post Star reported
that the Town Board of Fort Ann, New York rejected a local ordinance
designed to “provide animal control, safety and welfare, not provided by the
Agriculture and Market Law of the State of New York.” The defeated ordinance
would have: (1) forbidden livestock on less than one acre, (2) required “adequate
shelter” of livestock, (3) required an “adequate corral” for livestock, (4)
required removal of manure in a specified manner, and (5) required owners to
maintain control of all livestock. The
report stated that the ordinance had been proposed by a deputy supervisor engaged
in a personal dispute involving the alleged contamination of the official’s well
water from a neighbor’s livestock.
Animal Feed: EU to Ban Formaldehyde in Poultry Feed
On December 22, 2017, Poultry World reported
that the European Union (EU) voted to deny the reauthorization of formaldehyde as
an approved additive to poultry feed. According
to the report, the decision follows actions by certain EU countries to forbid
the use of formaldehyde in poultry feed over concerns that the chemical may be
carcinogenic and potentially harmful to workers. The E.U. vote was made despite an assertion
by the European Food Safety Authority that formaldehyde as a feed additive does
not cause cancer, does not present health risks to consumer, and is safe to
workers if protective measures are taken.
International
Trade: APHIS Issues Statement on Requirements for U.S. Soybean Exports to China
On December 27, 2017, U.S. Department of
Agriculture’s Animal and Plant Health Inspection Service (APHIS) issued
a statement informing U.S. soybean farmers and exporters about China’s new
phytosanitary import requirements. APHIS
stated that the new procedure, which went into effect on January 1, 2018, applies
to bulk and container shipments of raw, unprocessed soybeans. Accordingly, APHIS must now notifying China
when a soybean shipment exceeds 1 percent foreign material by placing an
additional declaration on the phytosanitary certificate. APHIS asserted that the notification is
necessary to allow the continuation of U.S. soybean exports into China until the
U.S. is able to implement measures that “reduce the volume of foreign material
and weed seeds in soybean shipments to China.”
APHIS anticipates that these measures will be implemented sometime during
the 2018 crop year.
Pennsylvania
Legislation
Agriculture and Rural Affairs (H)
- Informational meeting with the Pennsylvania Secretary of Agriculture (Scheduled for January 9, 2018)
- HB 1989 Legislation providing for the labeling of pesticide information (Referred to committee December 29, 2017)
Environmental Resources and Energy (H)
- HB 1980 Legislation to ensure that local governments uphold the “10 acre exemption” to the Pennsylvania Sewage Facilities Act (Referred to committee December 21, 2017)
Pennsylvania
Actions and Notices
Department of Agriculture
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
- 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
AgLaw HotLinks:
- Top food safety stories include regs, recalls, respects this year – Food Safety News
- State officials work to contain spread of destructive lanternflies – Centre Daily Times
- Organic food fraud leads Congress to weigh bill doubling USDA oversight – The Washington Post
- Perdue applauds USDA’s 2017 accomplishments – Morning Ag Clips
- Dairy Leaders: America Needs Free Trade – MILK
- Tyson among companies leaving GMA – Meat + Poultry
- 2018 could bring higher prices for farmers – Delta Farm Press
- Improvements to crop insurance continue – Morning Ag Clips
- Farm Bill Action Possible in Early 2018, With an “If” – Ag Web
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