Agricultural Law Weekly Review - February 28, 2020

Written by:  

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. 

Food Labeling: Pennsylvania Department of Agriculture Provides Whole Milk Labeling Guidance

On February 19, 2020, the Pennsylvania Department of Agriculture, Bureau of Food Safety issued a guidance document to Pennsylvania dairy processors outlining what methodology can be employed in labeling the fat content of whole milk.  In March 2019, a collection of Pennsylvania dairy farmers formed an advocacy group called “97 Milk, LLC,” which advocates for whole milk consumption and designating whole milk as ‘97% Fat Free.’  However, the guidance document states that, according to FDA, a ‘% Fat Free’ label can only be employed on 1% Low Fat or Skim milk packaging. The document also states: (a) FDA defines whole milk as milk containing between 3.25% and 18% milkfat; and (b) whole milk could be labeled with its fat content as a percentage, if accurate.  

Tax Policy:  Pennsylvania Agriculture Secretary Publishes Support for Slots Tax Re-Direction from Equine Industry to Higher Education Scholarships

On February 22, 2020, Pennsylvania Secretary of Agriculture Russell Redding, who is also the appointed Chairman of the Pennsylvania State Horse Racing Commission, published a guest columnist op-ed in the Daily Local News of Exton, Pennsylvania titled, “Opinion: Even if by a nose, horse racing must become self-sufficient.”  The op-ed advocates for Pennsylvania Governor Tom Wolf’s proposed legislative redirection of $200 million annually in slot machine tax revenue from the Race Horse Development Fund to the proposed Nellie Bly Scholarship Fund.  The Race Horse Development Fund was created by Pennsylvania’s 2004 Gaming Act to receive a portion of the state’s slot machine tax and economically stimulate Pennsylvania’s equine industry by subsidizing purse money at Pennsylvania’s six racetracks.  The proposed Nellie Bly Scholarship Fund would fund scholarships awarded to Pennsylvania residents by the fourteen Pennsylvania State System of Higher Education public universities. 

National Agricultural Policy: USDA Announces Agriculture Innovation Initiative

On February 20, 2020, USDA Secretary Sonny Perdue publicly presented the agency’s “Agriculture Innovation Initiative” at USDA’s annual Agricultural Outlook Forum in Arlington, Virginia, which USDA describes as “a department-wide initiative to align resources, programs, and research” which “will stimulate innovation so that American agriculture can achieve the goal of increasing production by forty percent while cutting the environmental footprint of U.S. agriculture in half by 2050.”  The agenda identifies a three-part plan to achieve this goal by: (i) creating a strategy to align public and private research; (ii) integrating the latest productivity, conservation practices and technologies; and (iii) improve USDA data collection and reporting on conservation practices.  Benchmarks include reducing food loss and waste by fifty percent by 2030, reducing nutrient loss by thirty percent by 2050, and supporting biofuels production, efficiency, and competitiveness to produce ‘market-driven’ blends of E15 in 2030 and E30 in 2050.

Water Issues:  Department of Interior Directs Water Increase to California Central Valley

On February 19, 2020, President Trump signed a Memorandum and Order in a ceremony conducted in Bakersfield, California which implements a U.S. Department of Interior initiative and authorizes the agency to direct water from the San Francisco Bay Delta to California’s Central Valley in order to irrigate farmland.  The action was prevented for several decades by scientific opinions issued by U.S. Fish and Wildlife Service employees that it would harm delta smelt and chinook salmon, both protected by the Endangered Species Act of 1973.  On February 20, 2020, the State of California sued the Department of the Interior in the U.S. District Court for the Northern District of California seeking to reverse the action. On February 25, 2020, the first allocation of water to California’s Central Valley was made.

Wildlife Issues: Canada Geese Depredation Order Expanded by Thirty Days

On February 25, 2020, the U.S. Fish and Wildlife Service published a final rule at 85 FR 10621, effective March 26, 2020, updating a 2006 rule that had established a depredation order allowing take of resident Canada geese at agricultural facilities in enumerated Atlantic Flyway states by authorized methods by authorized personnel between May 1 and August 31.  The new final rule states the time period designated in 2006 no longer adequately protects crops planted in early spring.  The amended time period is now April 1 through August 31 at agricultural facilities in the following states: Connecticut, Delaware, Florida, Georgia, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, North Carolina, Pennsylvania, Rhode Island, South Carolina, Vermont, Virginia, and West Virginia. 

Food Policy: FDA Reopens 2005 Standard of Identity Proposed Rule Comment Period

On February 21, 2020, the U.S. Food and Drug Administration (FDA) published notice in the Federal Register at 85 FR 10107 that it was reopening the comment period on a 2005 proposed rule titled, “Food Standards; General Principles and Food Standards Modernization.”  While the initial rule was jointly published with USDA, the reopened comment period, closing on April 21, 2020, solicits comments addressed only to the “FDA-specific aspects of the proposed rule.”  The 2005 regulatory amendment was intended to commence a process “to modernize FDA definitions and standards of identity (and standards of quality and fill of container).” 

From National Ag Law Authorities & Sources: 

Tiffany Dowell, Landowner Liability Protection Resources (Feb. 17, 2020).

Ellen Essman, Ohio Tackles “TMDL” for Lake Erie’s Western Basin (Feb. 19, 2020).

Kristine A. Tidgren, IRS Allows Some Farmers to Revoke Election out of UNICAP (Feb. 25, 2020).

Penn State Research & News:

Jeff Mulhollem, Feed supplement for dairy cows cuts their methane emission by about a quarter (Feb. 20, 2020).

Jeff Mulhollem, Forest 'duff' must be considered in controlled burning to avoid damaging trees (Feb. 21, 2020).

AGENCY PRESS RELEASES—STATE/FEDERAL

Pennsylvania Department of Agriculture Press Releases:
Department of Agriculture Offers Milk Processors New Labeling Advice, Opportunity to Rebrand Whole Milk (Feb. 19, 2020).

Pennsylvania Adds 39 Farms, 2,848 Acres to Nation-Leading Farmland Preservation Program (Feb. 20, 2020).

Top-Performing Bulls to Sell in Pennsylvania Livestock Evaluation Center Auction (Feb. 21, 2020).

Agriculture Secretary Announces Research Funding to Combat Chronic Wasting Disease in PA Deer (Feb. 25, 2020).

U.S. Department of Agriculture Press Releases:
USDA and EPA Announce Continued Commitment to Support Rural Water Systems (Feb. 20, 2020).

USDA Invests Nearly $24 Million for Broadband in Utah’s Uintah Basin (Feb. 20, 2020).

USDA Invests $5 Million in Broadband for Rural Georgia Communities (Feb. 21, 2020).

USDA Invests $3.3 Million in High-Speed Broadband for Rural Beaverhead County (Feb. 24, 2020).

USDA and USTR Announce Progress on Implementation of U.S.-China Phase One Agreement (Feb. 25, 2020).

USDA Expands Market for U.S. Wheat: Adds Idaho, Oregon, and Washington to List of States that Can Export Wheat to Kenya (Feb. 25, 2020).

USDA Invests $9.1 Million in Broadband for Rural South Carolina Communities (Feb. 25, 2020).

Secretary Perdue Announces New FSIS Leadership (Feb. 25, 2020).

USDA Invests $2.3 Million in Broadband for Rural Eastern Nevada (Feb. 25, 2020).

STATE ACTIONS—EXECUTIVE/LEGISLATIVE

Pennsylvania Executive Agencies—Actions and Notices: 

Department of Agriculture

50 Pa.B. 1122 “Fiscal Year 2019-2020 Annual Plan for Awarding Grants under the Pennsylvania Agricultural Fair Act,” Notice (Feb. 22, 2020).

Fish and Boat Commission

50 Pa.B. 1194 “Classification of Wild Trout Streams; Additions, Revisions and Removal,” Notice (Feb. 22, 2020).

50 Pa.B. 1194 “Additions to List of Class A Wild Trout Waters,” Notice (Feb. 22, 2020).

50 Pa.B. 1195 “Classification of Wild Trout Streams; Proposed Additions and Revisions; April 2020,” Notice (Feb. 22, 2020).

50 Pa.B. 1199 “Proposed Changes to List of Class A Wild Trout Waters; April 2020,” Notice (Feb. 22, 2020).

Susquehanna River Basin Commission

50 Pa.B. 1232 “Grandfathering Registration Notice,” Notice (Feb. 22, 2020).

50 Pa.B. 1232 “Commission Meeting [Friday, March 13, 2020],” Notice (Feb. 22, 2020).

Pennsylvania Legislature:

H.B. 2289 “An Act amending the act of June 1, 1937 (P.L.1168, No.294), known as the Pennsylvania Labor Relations Act, further providing for definitions; providing for notice and regulations; further providing for unfair labor practices and for representatives and elections; providing for initial collective bargaining agreement; and further providing for prevention of unfair labor practices and for penalties,” Referred to Labor and Industry [House] (Feb. 18, 2020).

S.B. 1041 “An Act amending the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, in sales and use tax, further providing for definitions [Preserving the Sales Tax Exemption for Multi-Purpose Agriculture Vehicles],” Referred to Finance [Senate] (Feb. 19, 2020).

S.B. 1036 “An Act amending the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, in sales and use tax, further providing for definitions [Clarification of Sales Tax Exemption for Cervidae Livestock Operations],” Referred to Finance [Senate] (Feb. 19, 2020).

H.B. 1755 “An Act amending the act of May 15, 1945 (P.L.547, No.217), known as the Conservation District Law, providing for legislative report,” Referred to Agriculture and Rural Affairs [Senate] (Feb. 19, 2020).

H.B. 1737 “An Act amending the act of May 19, 1995 (P.L.33, No.3), known as the Economic Development Agency, Fiduciary and Lender Environmental Liability Protection Act, further providing for definitions [Environmental liability exemption for land banks],” Referred to Environmental Resources and Energy [Senate] (Feb. 19, 2020).

H.B. 1584 “An Act amending Title 30 (Fish) of the Pennsylvania Consolidated Statutes, in Pennsylvania Fish and Boat Commission, repealing provisions relating to waterways patrolmen and employees,” Referred to Game and Fisheries [Senate] (Feb. 19, 2020).

H.B. 1536 “An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, in general provisions, further providing for definitions; in licensing of drivers, further providing for suspension of operating privilege; in rules of the road in general . . . [Vulnerable Highway User Protections],” Referred to Transportation [Senate] (Feb. 19, 2020).

H.B. 2315 “An Act amending the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, in personal income tax, further providing for operational provisions and providing for contributions for the Pennsylvania Fish and Boat Commission and the Pennsylvania Game Commission,” Referred to Game and Fisheries [House] (Feb. 24, 2020)

FEDERAL ACTIONS—EXECUTIVE/LEGISLATIVE

Federal Executive Agencies—Actions and Notices: 

Agricultural Department

85 FR 9451 “Submission for OMB Review; Comment Request [Food and Nutrition Service: Summer Food Service Program Integrity Study]” Notice (Feb. 19, 2020).

85 FR 9721 “Agency Information Collection Activities [USDA Registration Form to Request Electronic Access Code],” Notice (Feb. 20, 2020).

85 FR 10647 “Submission for OMB Review; Comment Request [Rural Housing Service: Planning and Performing Construction and Other Development],” Notice (Feb. 25, 2020).

Agricultural Marketing Service

85 FR 9399 “Quality Systems Verification Programs,” Proposed Rule—Comment Period (Feb. 19, 2020).

85 FR 9699 “Marketing Order Regulating the Handling of Spearmint Oil Produced in the Far West; Salable Quantities and Allotment Percentages for the 2020-2021 Marketing Year,” Proposed Rule—Comment Period (Feb. 20, 2020).

85 FR 10096 “Tomatoes Grown in Florida; Proposed Amendments to the Marketing Order No. 966 and Referendum Order,” Proposed Rule (Feb. 21, 2020).

85 FR 10398 “Peanut Standards Board; Request for Nominations,” Notice (Feb. 24, 2020).

Animal and Plant Health Inspection Service

85 FR 10562 “National Veterinary Accreditation Program,” Rule (Feb. 25, 2020).

Environmental Protection Agency

85 FR 10642 “Receipt of a Pesticide Petition Filed for Residues of Pesticide Chemicals in or on Various Commodities,” Proposed Rule—Comment Period (Feb. 25, 2020).

Farm Credit Administration

85 FR 10035 “Oversight of the Federal Agricultural Mortgage Corporation,” Rule (Feb. 21, 2020).

Farm Service Agency

85 FR 9722 “Information Collection Requests; Farm Loan Programs: Inventory Property Management, Direct Loan Servicing-Regular, General Program Administration, and Guaranteed Farm Loan Program,” Notice—Comment Period (Feb. 20, 2020).

Federal Crop Insurance Corporation

85 FR 9452 “Notice of Request for Extension of a Currently Approved Information Collection [Ineligibility for Programs under the Federal Crop Insurance Act,’” Notice—Comment Period (Feb. 19, 2020).

85 FR 9451 “Notice of Request for Extension of a Currently Approved Information Collection [Area Risk Protection Insurance],” Notice—Comment Period (Feb. 19, 2020).

Federal Emergency Management Agency

85 FR 9675 “Suspension of Community Eligibility [Florida],” Rule (Feb. 20, 2020).

85 FR 10458 “Agency Information Collection Activities: Proposed Collection; Comment Request; National Flood Insurance Program Policy Forms” Notice—Comment Period (Feb. 24, 2020).

Fish and Wildlife Service

85 FR 10621 “Migratory Bird Permits; Regulations for Managing Resident Canada Goose Populations; Agricultural Facilities in the Atlantic Flyway,” Rule (Feb. 25, 2020).

Food and Drug Administration

85 FR 9783 “Compounding Animal Drugs From Bulk Drug Substances; Draft Guidance for Industry; Availability; Reopening of Comment Period,”

Notice—Comment Period (Feb. 20, 2020).

85 FR 10172 “Agency Information Collection Activities; Proposed Collection; Comment Request; Voluntary National Retail Food Regulatory Program Standards,” Notice—Comment Period (Feb. 21, 2020).

85 FR 10107 “Food Standards; General Principles and Food Standards Modernization; Reopening of the Comment Period,” Proposed Rule (Feb. 21, 2020).

85 FR 10057 “Definition of the Term ‘Biological Product’” Rule (Feb. 21, 2020).

85 FR 10632 “Unilever; Filing of Food Additive Petition,” Proposed Rule (Feb. 25, 2020).

Food and Nutrition Service.

85 FR 9453 “Agency Information Collection Activities: Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) Program Regulations-Reporting and Record-Keeping Burden,” Notice—Comment Period (Feb. 19, 2020).

Food Safety and Inspection Service

85 FR 10401 “Notice of Request for a New Information Collection: Voluntary Destruction of Imported Meat, Poultry, and Egg Products,” Notice—Comment Period (Feb. 24, 2020).

85 FR 10402 “Notice of Request for Renewal of an Approved Information Collection (Sanitation SOPs and Pathogen Reduction/HACCP),” Notice—Comment Period (Feb. 24, 2020).

85 FR 10648 “Notice of Request for Renewal of an Approved Information Collection (Procedures for the Notification of New Technology and Requests for Waivers),” Notice—Comment Period (Feb. 25, 2020).

Health and Human Services Department

85 FR 9474 “Meeting of the Tick-Borne Disease Working Group,”  Notice (Feb. 19, 2020).

Justice Department

85 FR 9807 “Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act and Request for Comments on Draft Restoration Plans and Environmental Assessments,” Notice (Feb. 20, 2020).

85 FR 9806 “Notice of Lodging of Proposed Consent Decree Under the Clean Water Act,” Notice (Feb. 20, 2020).

Land Management Bureau

85 FR 10188 “Notice of Availability of the Wyoming Draft Supplemental Environmental Impact Statement for Greater Sage-Grouse Conservation,” Notice (Feb. 21, 2020).

85 FR 10184 “Notice of Availability of the Utah Draft Supplemental Environmental Impact Statement for Greater Sage-Grouse Conservation,” Notice (Feb. 21, 2020).

85 FR 10186 “Notice of Availability of the Oregon Draft Supplemental Environmental Impact Statement for Greater Sage-Grouse Conservation,” Notice (Feb. 21, 2020).

85 FR 10183 “Notice of Availability of the Northwest Colorado Draft Supplemental Environmental Impact Statement for Greater Sage-Grouse Conservation,” Notice (Feb. 21, 2020).

85 FR 10184 “Notice of Availability of the Nevada and Northeastern California Draft Supplemental Environmental Impact Statement for Greater Sage-Grouse Conservation,” Notice (Feb. 21, 2020).

85 FR 10185 “Notice of Availability of the Idaho Draft Supplemental Environmental Impact Statement for Greater Sage-Grouse Conservation,” Notice (Feb. 21, 2020).

Rural Business-Cooperative Service

85 FR 9725 “Guarantee Fee Rates for Guaranteed Loans for Fiscal Year 2020, Maximum Portion of Guarantee Authority Available for Fiscal Year 2020, Annual Renewal Fee for Fiscal Year 2020,” Notice (Feb. 20, 2020).

Rural Utilities Service

85 FR 10555 “Special Servicing of Telecommunications Programs Loans for Financially Distressed Borrowers,” Rule—Comment Period (Feb. 25, 2020).

U.S. House Agriculture Committee Actions: 

H.R.5915 “Making Essentials Available and Lawful (MEAL) Act of 2020,” Referred to Committee on Agriculture and Committee on Ways and Means (Feb. 14, 2020).

H.R.5920 “MONARCH Act of 2020,” Referred to Committees on Agriculture; Natural Resources; and Appropriations (Feb. 14, 2020).

S.2107 “Protecting America's Food and Agriculture Act of 2019,” Presented to President (Feb. 20, 2020).

U.S. Senate Agriculture, Nutrition, And Forestry Committee Actions: 

No new actions Feb. 19–25, 2020

S.3292 “A bill to amend the Federal Crop Insurance Act to reduce Federal spending on crop insurance, and for other purposes” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry (Feb. 13, 2020).

S.3293 “A bill to amend the Richard B. Russell National School Lunch Act to establish the Food and Nutrition Education in Schools Pilot Program, and for other purposes” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry (Feb. 13, 2020).

Follow us on Twitter @AgShaleLaw to receive #AgLaw HotLinks

Feb. 19–25, 2020 #AgLaw links:

Larger Soybean and Cotton Plantings Due to Trade Deal? Successful Farming

DFA, Dean reach $425m deal, Feedstuffs

Pompeo pledges $1 billion in US support for European energy initiative, The Hill

GAO opens investigation into USDA trade aid, Feedstuffs

USDA to unveil plan to cut farms' environmental impact in half by 2050, Politico

House members continue to prod FDA on milk labeling, Feedstuffs

Bayer/Monsanto to Appeal Dicamba Verdict – Says Soil Root Rot Cause of Damages, Brownfield

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Agricultural Law Weekly Review —January 1, 2019

Written by:  
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. 

Industrial Hemp: USDA Issues its First Approvals of State Hemp Production Plans

On December 27, 2019, USDA announced the first approvals of six state and/or tribal Hemp Production Plans submitted pursuant to its October 31, 2019, Interim Final Rule on U.S. Domestic Hemp Production.  Three tribal plans were approved as well as three state plans -- for Louisiana, New Jersey and Ohio.  USDA maintains a web page titled “Status of State and Tribal Hemp Production Plans for USDA Approval,” containing status information for 33 states including electronic copies of the three approved state plans.  Seventeen states are listed as “Under Review:” Alabama, Arizona, Connecticut, Delaware, Georgia, Indiana, Iowa, Kentucky, Montana, Nebraska, North Dakota, Oregon, Pennsylvania, Tennessee, Texas, Washington and Wyoming.  Eight states are listed as “Drafting a Plan for USDA Review:” California, Colorado, Florida, Hawaii, Illinois, Utah, Virginia and West Virginia.  Four states are referenced as “State will continue to operate under the 2014 pilot:” Maine, Minnesota, Missouri and New Mexico.  Maryland’s entry states “Growers will use the USDA hemp program.”  This means Maryland has chosen to decline state government involvement in hemp production regulation, a permissible option under the Interim Final Rule. 

Industrial Hemp: EPA Issues Its First Approvals of Pesticides Registered for Hemp Use

On December 20, 2019, EPA announced that it has approved the first pesticides to be registered for use on hemp.  A link to the list of ten products appears on the EPA’s Pesticide Registration web page, and the link lists the products by registration number, registration applicant, active ingredients, and product type.  Nine of the listed products are biopesticides, and one is a conventional pesticide.  EPA states that, as it receives and processes additional applications to amend product labels to add hemp use, the list will be updated. 

Industrial Hemp:  USDA Announces New 2020 Crop Insurance Option for Hemp Growers 

On December 29, 2019, USDA’s Risk Management Agency (RMA) announced a new crop insurance option for hemp grown for fiber, grain, or CBD oil for the 2020 crop year in select counties of 21 states (Alabama, California, Colorado, Illinois, Indiana, Kansas, Kentucky, Maine, Michigan, Minnesota, Montana, New Mexico, New York, North Carolina, North Dakota, Oklahoma, Oregon, Pennsylvania, Tennessee, Virginia, and Wisconsin).  This 2020 pilot program coverage will be a form of Multi-Peril Crop Insurance (MPCI) and will provide Actual Production History (APH) coverage, requiring at least one prior crop year of hemp production and a production contract with a confirmed buyer.  Hemp that tests over the legal THC limit will not be considered an insurable loss, and hemp will not qualify for replant or prevented planting payments.  This coverage option is in addition to the previously-announced Whole-Farm Revenue Protection coverage, which also will include hemp in 2020. 

Food Labeling: USDA Issues Two New Compliance Guidelines on Meat, Poultry and Egg Labeling

On December 27, 2019, USDA’s Food Safety and Inspection Service (FSIS) issued an updated version of a compliance guideline titled “Food Safety and Inspection Service Labeling Guideline on Documentation Needed to Substantiate Animal Raising Claims for Label Submissions.” 

Public notification of the updated guideline was simultaneously printed in the Federal Register at 84 FR 71359.  A public comment period is offered on only one portion of the updated guideline, specifically, “comments relevant to clarification provided in this notice on the label claim “free range” for poultry products.”  The comment period closes on February 25, 2020.  In addition, On December 30, 2019, USDA’s FSIS issued an updated version of another compliance guideline titled “Updated Labeling Guideline on Statements That Bioengineered or Genetically Modified Ingredients or Animal Feed Were Not Used in the Production of Meat, Poultry, or Egg Products.”  Public notification of the updated guideline was simultaneously printed in the Federal Register at 84 FR 71890.  The issuance of this updated compliance guideline is not subject to a public comment period.  Both of these compliance guidelines are the product of an initial publication in 2016 and resultant comments and input received in the interim.  

From National Ag Law Authorities & Sources: 

Brigit Rollins, Roundup Round 2: California Glyphosate Law Under Fire (December 18, 2019). 

Penn State Research:

Walt Mills, A Fast and Inexpensive Device to Capture and Identify Viruses (December 23, 2019).

CDC Grant to Focus on Effects of Nano-Coal Dust on Lung Disease in Coal Miners (December 20, 2019).

Pennsylvania Department of Agriculture:

Agriculture Secretary Reminds Dog Owners a 2020 License is the Perfect Stocking Stuffer for Our Furry Friends (December 23, 2019). 

Secretary of Agriculture Announces Availability of Realty Transfer Tax Exemption for Preserved Farm Owners through PA Farm Bill (December 18, 2019). 

Pennsylvania Executive Agencies—Actions and Notices: 

Department of Agriculture

49 Pa.B. 7590 “Temporary Order Designating Dangerous Transmissible Diseases” Notice (December 28, 2019).

Department of Environmental Protection 

49 Pa.B. 7662 “Environmental Assessment Approval for PENNVEST Funding Consideration” Notice (December 28, 2019).

49 Pa.B. 7629 “Bid Opportunity [Abandoned Mine Reclamation Project, Shettleston, Snow Shoe Township, Centre County]” Notice (December 28, 2019).

49 Pa.B. 7629 “Availability of Technical Guidance” Notice (December 28, 2019).

49 Pa.B. 7592 “The Clean Streams Law and The Federal Clean Water Act:

Applications for National Pollutant Discharge Elimination System (NPDES) Permits And Water Quality Management (WQM) Permits” Notice—Applications (December 28, 2019). 

Department of Labor and Industry

49 Pa.B. 7543 “Public Comment on the Pennsylvania Workforce Innovation and Opportunity Act Combined State Plan for 2020—2024” Notice (December 21, 2019). 

Department of Revenue

49 Pa.B. 7631 “Interest Rate Notice” Notice (December 28, 2019).

Pennsylvania Public Utility Commission

49 Pa.B. 7555 “Wastewater Service” Notice (December 21, 2019). 

State Conservation Commission 

49 Pa.B. 7664 “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 (December 28, 2019). 

Pennsylvania Legislature

H.B. 1223 “An Act providing for the creation of keystone opportunity dairy zones to facilitate the economic development of Pennsylvania's dairy industry . . . .” Referred to Agriculture and Rural Affairs [Senate] (December 26, 2019).

H.B. 1224 “An Act amending the act of April 28, 1937 (P.L.417, No.105), known as the Milk Marketing Law, in purpose, short title and definitions, further providing for definitions and construction; in general powers of the board, providing for coordination with Department of Revenue; and, in prices of milk, further providing for cooperatives.” Referred to Agriculture and Rural Affairs [Senate] (December 26, 2019).

H.B. 1348 “An Act providing for limited civil liability for agritourism activity providers, for notice of limited civil liability and for acknowledgment of limited civil liability.” Re-reported as committed [House] (December 18, 2019). 

H.B. 1971 “An Act amending the act of May 1, 1984, known as the Pennsylvania Safe Drinking Water Act, further providing for definitions” Laid on Table [House] (December 18, 2019). 

H.B. 1972 “An Act amending Title 3 (Agriculture) of the Pennsylvania Consolidated Statutes, in food protection, further providing for rules and regulations” Laid on Table [House] (December 18, 2019).

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” Removed from Table [House] (December 18, 2019).

S.B. 915 “An Act amending Title 3 (Agriculture) of the Pennsylvania Consolidated Statutes, repealing provisions relating to fertilizer; providing for fertilizer; in soil and plant amendment, further providing for disposition of funds; in seed, further providing for disposition of funds; establishing the Agronomic Regulatory Account within the General Fund; imposing duties on the Department of Agriculture; and making conforming amendments” Referred to Agriculture and Rural Affairs [Senate] (December 18, 2019).

H.B. 2149 “An Act amending the act of October 21, 1988 (P.L.1036, No.116), known as the Hardwoods Development Council Act, further providing for Hardwoods Development Council” Referred to Agriculture and Rural Affairs [House] (December 18, 2019).

H.B. 2148 “An Act amending the act of June 22, 2001 (P.L.390, No.29), known as the Conservation and Preservation Easements Act, further providing for purpose of act, for definitions, for creation, transfer and duration; providing for forest conservation easements; and further providing for judicial and related actions, for validity, for applicability, for uniformity of application and construction and for coal interests not affected and notice of mineral interests required” Referred to Agriculture and Rural Affairs [House] (December 18, 2019).

Federal Executive Agencies—Actions and Notices: 

Agriculture Department 

84 FR 71099 “Semiannual Regulatory Agenda, Fall 2019” Proposed Rule (December 26, 2019). 

Agricultural Marketing Service 

84 FR 71829 “Beef Promotion and Research; Reapportionment” Proposed Rule—Comment Period (December 30, 2019). 

84 FR 69295 “Establishment of a Domestic Hemp Production Program” Rule—Comment Period (December 18, 2019). 

Animal and Plant Health Inspection Service

84 FR 71358 “Addition of Serbia to the List of Regions Affected with African Swine Fever” Notice (December 27, 2019).

84 FR 71358 “Addition of Burma (Myanmar) to the List of Regions Affected with African Swine Fever” Notice (December 27, 2019).

Commodity Credit Corporation

84 FR 70393 “Technical Assistance for Specialty Crops Program” Rule (December 23, 2019). 

Employment and Training Administration

84 FR 69773 “Post-Initial Determinations Regarding Eligibility to Apply for Trade Adjustment Assistance” Notice (December 19, 2019).  

84 FR 69774 “Labor Certification Process for the Temporary Employment of Aliens in Agriculture in the United States: 2020 Adverse Effect Wage Rates for Non-Range Occupations” Notice (December 19, 2019).

84 FR 69768 “Labor Certification Process for the Temporary Employment of Aliens in Agriculture in the United States: 2020 Adverse Effect Wage Rate for Range Occupations” Notice (December 19, 2019).

84 FR 69775 “Investigations Regarding Eligibility to Apply for Worker Adjustment Assistance” Notice (December 19, 2019).

84 FR 69769 “Notice of Determinations Regarding Eligibility to Apply for Trade Adjustment Assistance” Notice (December 19, 2019).

Environmental Protection Agency

84 FR 71407 “Proposed Settlement Agreements, Clean Water Act Claims” Notice—Comment Period (December 27, 2019).

84 FR 70429 “Fenpropathrin; Pesticide Tolerances for Emergency Exemptions” Rule—Comments Accepted (December 23, 2019). 

84 FR 69741 “Pesticide Registration Review; Interim Decisions for Several Pesticides and Case Closure for Meat Meal; Notice of Availability” Notice (December 19, 2019). 

84 FR 70023 “Flutianil; Pesticide Tolerances” Rule (December 20, 2019). 

Federal Emergency Management Agency

84 FR 71444 “Proposed Flood Hazard Determinations” Notice—Comment Period (December 27, 2019). 

84 FR 71446 “Changes in Flood Hazard Determinations” Notice (December 27, 2019). 

84 FR 71440 “Changes in Flood Hazard Determinations” Notice (December 27, 2019). 

Fish and Wildlife Service

84 FR 72380 “Endangered and Threatened Species; Receipt of Recovery Permit Applications” Notice—Comment Period (December 31, 2019). 

84 FR 69762 “Migratory Birds; Double-Crested Cormorant Increased Take Limits for Depredation Permits in the Central and Eastern United States” Notice (December 19, 2019). 

84 FR 69707 “Endangered and Threatened Wildlife and Plants; Five Species Not Warranted for Listing as Endangered or Threatened Species” Proposed Rule (December 19, 2019). 

84 FR 69713 “Endangered and Threatened Wildlife and Plants; 90-Day Findings for Two Species” Proposed Rule (December 19, 2019). 

Food and Drug Administration

84 FR 72230 “Food Labeling: Serving Sizes of Foods That Can Reasonably Be Consumed at One Eating Occasion, Reference Amounts Customarily Consumed, Serving Size-Related Issues, Dual-Column Labeling, and Miscellaneous Topics; Guidance for Industry; Availability” Rule (December 31, 2019). 

84 FR 71834 “Cheeses and Related Cheese Products; Proposal To Permit the Use of Ultrafiltered Milk; Reopening the Comment Period” Proposed Rule—Comment Period (December 30, 2019). 

84 FR 69620 “Listing of Color Additives Exempt From Certification; Soy Leghemoglobin” Rule (December 19, 2019). 

Food and Nutrition Service

84 FR 70930 “Proposed Collection; Comment Request-Information Collection for the Child and Adult Care Food Program” Notice—Comment Period (December 26, 2019). 

Food and Safety and Inspection Service 

84 FR 71359 “Food Safety and Inspection Service Labeling Guideline on Documentation Needed To Substantiate Animal Raising Claims for Label Submission” Notice—Comment Period (December 27, 2019). 

84 FR 71890 “Updated Labeling Guideline on Statements That Bioengineered or Genetically Modified Ingredients or Animal Feed Were Not Used in the Production of Meat, Poultry, or Egg Products” Notice (December 30, 2019). 

Land Management Bureau

84 FR 69389 “Notice of Filing of Plats of Surveys; Eastern States” Notice (December 18, 2019). 

National Institute of Food and Agriculture

84 FR 70493 “Solicitation of Input From Stakeholders on the Federally Recognized Tribes Extension Program-FRTEP” Notice—Comment Period (December 23, 2019). 

Office of U.S. Trade Representative

84 FR 72102 “Request for Comments Concerning the Extension of Particular Exclusions Granted Under the March 2019 Product Exclusion Notice From the $34 Billion Action Pursuant to Section 301: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation” Notice—Request for Comment (December 30, 2019). 

Rural Business-Cooperative Service

84 FR 71297 “Advanced Biofuel Payment Program” Rule (December 27, 2019). 

84 FR 69353 “Notice of Contract Proposals (NOCP) for the 9005 Advanced Biofuel Payment Program for Fiscal Years 2019 and 2020” Notice (December 18, 2019). 

Rural Housing Service

84 FR 70881 “Single Family Housing Guaranteed Loan Program” Rule (December 26, 2019). 

Small Business Administration

84 FR 69446 “Administrative Declaration of a Disaster for the Commonwealth of Pennsylvania” Notice (December 18, 2019). 

U.S. House Agriculture Committee Actions: 

H.R.5506 “Hawaii Invasive Species Protection Act” Referred to House Committee on Agriculture (December 19, 2019). 

H.R.5430 “United States-Mexico-Canada Agreement Implementation Act” Passed House (December 19, 2019).

H.R.5174 “State Sponsored Visa Pilot Program Act of 2019” Referred to the Subcommittee on Immigration and Citizenship [House] (December 19, 2019). 

H.Res.775 “Recognizing and honoring Smokey Bear's 75 years of service to the United States and commitment to preventing unwanted human-caused wildfires and promoting forest health” Referred to Committee on Agriculture & Committee on Natural Resources (December 19, 2019). 

H.R.5486 “Broadband Internet for Small Ports Act” Referred to Committee on Agriculture & Committee on Energy and Commerce (December 18, 2019). 

H.R.5484 “COLA's Don't Count Act of 2019” Referred to the House Committee on Agriculture (December 18, 2019).

H.R.5474 “Shawnee Wilderness Designation Act” Referred to Committee on Agriculture & Committee on Energy and Commerce (December 18, 2019). 

U.S. Senate Agriculture, Nutrition, And Forestry Committee Actions: 

S.3141 “A bill to amend the Bill Emerson Good Samaritan Food Donation Act to clarify and expand food donation, and for other purposes” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry (December 19, 2019).

S.3106 “A bill to amend the Forest and Rangeland Renewable Resources Planning Act of 1974 to promote reforestation following unplanned events on Federal land, and for other purposes” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry (December 19, 2019).

S.3094 “A bill to amend the Rural Electrification Act of 1936 to authorize the Administrator of the Rural Utilities Service to make telecommunications grants for the collection of broadband infrastructure data by local governments, economic development or other community organizations, electric or telephone cooperatives, and small internet providers, and for other purposes” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry (December 18, 2019).

S.3076 “An original bill to release a federal reversionary interest in Chester County, Tennessee, to manage certain Federal land in Bath County, Virginia, and for other purposes” Placed on Senate Legislative Calendar under General Orders (December 17, 2019). 

S.3075 “Shawnee Wilderness Designation Act” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry (December 17, 2019).

Follow us on Twitter at PSU Ag & Shale Law (@AgShaleLaw) to receive AgLaw HotLinks

December 18-31, 2019 Top Tweets:

“Grain flow shifts from U.S.-China trade war may last years” (December 19, 2019)

“EPA sued over slaughterhouse water standards” (December 18, 2019)

“Ag economic conditions show credit red flags” (December 16, 2019)

“Bayer asks U.S. appeals court to reverse $25 million Roundup verdict” (December 16, 2019)

“Prop 12 Battle Likely To Be Drawn Out” (December 18, 2019)

“White House says it is sticking with 2020 biofuel plan, despite farmer objections” (December 18, 2019)

“Survey: How do consumers feel about cell cultured meat and dairy minus the cows?” (December 13, 2019)

“Facing a ‘Food Desert,’ Oklahoma City Wants Dollar Stores to Sell Fresh Food” (December 15, 2019)

“Biodiesel tax credit renewal attached to U.S. spending package” (December 17, 2019)

“Dairy Farmers of Canada points out trade deal problems for dairy” (December 17, 2019)

“EPA approves 10 pesticides for hemp production” (December 19, 2019)

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