Written by:
Jackie Schweichler - Education Programs Coordinator
The following information is an update
of recent local, state, national, and international legal developments relevant
to agriculture.
International Trade: USDA Releases
Report Addressing International Trade Program Payments
On August 31, 2018, the U.S. Department of
Agriculture (USDA) released a report
explaining the methodology used to calculate payment rates to agricultural
producers. In July 2018, USDA announced compensation programs for
producers and farmers who have experienced losses as a result of trade
complications with China. These programs include the Market Facilitation
Program (MFP) and Food Purchase and Distribution Program (FPDP). Under MFP, the
Farm Service Agency will provide payments to corn, cotton, dairy, sorghum,
soybean, hog, and wheat producers. Under FPDP, the Agricultural Marketing
Service will purchase up to $1.2 billion in commodities for distribution to
nutrition assistance programs. To see
how USDA calculated costs and payments, see the report Trade
Damage Estimation for the Market Facilitation Program and Food Purchase and
Distribution Program.
Antimicrobial Use: FDA Reveals Five Year
Plan for Antimicrobial Stewardship
On September 14, 2018, the U.S. Food & Drug
Administration (FDA) Center for Veterinary Medicine (CVM) released its five
year plan,
Supporting Antimicrobial Stewardship in Veterinary Settings.
In the
initial announcement of this plan on July 31, 2018, FDA explained that
overuse of antimicrobial drugs can promote development of
antimicrobial-resistant bacteria. The plan involves pre-approval review
where the drug sponsor must show that the drug is safe and effective for
treating animals. In addition, for drugs used in food-producing animals, CVM
will evaluate the safety of any drug residue that may remain in the food. The
plan also includes post-approval surveillance and monitoring, where CVM will
review event reports, monitor resistance trends, and update animal drug product
labeling.
WOTUS: Court Enjoins WOTUS Rule in Iowa
On September 18, 2018, the U.S. District Court for
North Dakota issued a court
order enjoining the Waters of the United States rule (WOTUS) in Iowa (State
of North Dakota, et al, v. EPA, et al, Case No. 3:15-cv-59). The WOTUS rule
has now been suspended in more than half of the fifty states. On August
16, 2018, a federal district court in South
Carolina enjoined the WOTUS rule in twenty-four states. A month later, on
September 12, 2018, the U.S. District Court for the Southern District of Texas
enjoined WOTUS in Texas, Louisiana, and Mississippi (State
of Texas, et al. v. EPA, et al, 3:15-CV-00162).
Food Safety: Court Allows Lawsuit to
Move Forward Regarding Generally Recognized as Safe Rule
On September 12, 2108, the U.S. District Court for
the Southern District of New York issued an opinion allowing a lawsuit to go
forward with respect to the final rule Substances
Generally Recognized as Safe (GRAS rule) (21 CFR Parts 20,
25, 170, 184, 186, and 570). Several food safety organizations
filed suit against the U.S. Food and Drug Administration (FDA) alleging that
the GRAS rule is an abuse of discretion, violates fundamental principles of
separation of powers, and exceeds FDA’s authority. Under the GRAS rule,
manufacturers independently determine whether a chemical additive is generally
recognized as safe. As such, FDA approval is optional and GRAS substances
may be added to food without FDA review or approval. In the most recent order, the court declared
that the plaintiffs plausibly allege harm and, therefore, have standing to
bring the case. (Center for Food Safety, et al, v. Department of Health and
Human Services, et al., 2018 WL 4356730)
Water Quality: USDA Announces Funding
for Rural Water Infrastructure Projects
On September 17, 2018, the U.S. Department of
Agriculture (USDA)
announced $392 million in funding for rural water and wastewater
infrastructure. The money will be used to support 120 infrastructure
projects through the
Water and Waste Disposal Loan and Grant program. State and
local governmental entities and private nonprofits can apply for long-term
loans or grants. Funding may be used for infrastructure costs relating to
drinking water, sewer, solid waste, stormwater, and drainage.
Water Quality: Penn State Publishes
Research on Conservation Dairy Farming
On September 13, 2018, Penn State University
researchers
published a study the impacts of conservation dairy farming. The
study examined a conservation dairy farming system that “produces the majority
of the dairy feed and forage crops, with no-till, continuous diversified plant
cover, and manure injection.” The researchers showed that conservation
dairy farming has the potential for soil fertility balance as well as decreased
emissions of nitrous oxide. The
researchers also found conservation dairy farming could improve overall water
quality and reduce sediment concentrations in streams. The study, Conservation
Dairy Farming Impact on Water Quality in a Karst Watershed in Northeastern US,
was published in ScienceDirect.
From National Ag Law Experts:
Ag & Food Law Update, The
National Agricultural Law Center (September 18, 2018)
Sharon Anglin Treat, More
Than 300 State Legislators Urge Removing Corporate-Friendly ISDS Provisions
from NAFTA, Institute for Agriculture & Trade Policy (September 14,
2018).
Pennsylvania Regulations
HB
2647 referred to Environmental Resources and Energy (September 17, 2018) bill
would allow construction sites on small acreage to apply for a waiver of the
National Pollutant Elimination System Permit.
HB
2648 referred to Game and Fisheries (September 17, 2018) bill would
remove restrictions on thermal and night vision equipment for hunting
Pennsylvania Notices
Public hearing:
Milk Marketing Board to conduct hearing on September 26, 2018 (to solicit
comments for changes to Milk Marketing Law)
Public hearing:
Senate Agriculture and Rural Affairs meeting on invasive and native species
(October 2, 2018)
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