Written by:
Jackie Schweichler - Education Programs Coordinator
Deanna Smith - Research Assistant
The following information is an update of recent local,
state, national, and international legal developments relevant to agriculture.
Dairy Policy: Pennsylvania Provides $5 Million in Funding
for Dairy Investment Program
On September 18, 2018, Pennsylvania Governor Tom Wolf
announced $5 million in grant funding under the
Pennsylvania Dairy Investment Program. The grant money will be
provided to applicants for technology, products, and best practices research.
Funding will also be provided for research on domestic and international
marketing and diversifying operation and revenue streams. Lastly, the
funds will go to research on transitioning to organic production and
value-added dairy production. The
purpose of the new funding is to support the dairy industry in modernizing or
expanding business to overcome existing challenges and strengthen dairy
operations.
Dairy Policy: Pennsylvania Approves $0.75 Over-Order
Premium for Milk
On September 18, 2018, the Pennsylvania Milk Marketing Board
(Board)
approved an order establishing an over-order premium of $0.75 per
hundredweight for milk. The order applies to the Class 1 price for milk
sold, produced, and processed in Pennsylvania. Milk dealers will be
required to show the amount of the over-order premium being paid on their
monthly statements to producers and cooperatives. The Board heard
testimony from the Pennsylvania Association of Dairy Cooperatives, the
Pennsylvania Farm Bureau, the Pennsylvania Grange, and the Progressive
Agriculture Organization. The order will be effective October 1, 2018,
through March 31, 2019.
National Agriculture Policy: USDA Announces
$102.7M Investment in Grant Programs for Local Agriculture Market Expansion
On Tuesday, September 18, 2018, Under Secretary of
Agriculture for Marketing and Regulatory Programs, Greg Ibach
announced that the U.S. Department of Agriculture (USDA) will be investing
$102.7 million in funding for projects “intended to expand markets for local
food production and specialty crops.” The funds will be administered by
USDA’s Agricultural Marketing Service (AMS) and are allocated as follows:
$72.15M to state departments of agriculture in all 50 states as well as D.C.
and five U.S. territories through the Specialty Crop Block Grant Program for
specialty crops, $13.35M to 49 producer-to-consumer marketed projects through
the Farmer’s Market Promotion Program, $13.45M to 44 projects supporting local
and regional food businesses through the Local Food Promotion Program, $2.67M
to six projects for the domestic maple syrup industry through the Acer Access
and Development Program, and $1.1M to nine projects that explore new market
opportunities for U.S. food and agriculture products through the Federal State
Marketing Improvement Program. For more information on grant recipients,
visit the Agricultural Marketing Service’s website.
Pesticides: Bayer’s Monsanto Fights $289M California Jury
Award for Glyphosate Exposure
On Tuesday, September 18, 2018, Bayer AG unit Monsanto
motioned for a judgment notwithstanding the verdict to strike a $289M jury
award from San Francisco’s Superior Court of California, as well as moved for a
new trial. The jury
verdict in question came on August 10, 2018, after plaintiff, Dewayne
Johnson, argued that years of exposure to Monsanto’s Roundup caused him to be
diagnosed with non-Hodgkin lymphoma. (Dewayne Johnson v. Monstanto Co.,
case no. CGC-16-550128). For more information on this case, see the
Ag Law Weekly Review from August 16, 2018. In its motion to the
court, Monsanto alleges that the scientific evidence in the case “falls far
short” of the “sufficient and substantial” evidence requirements in California.
Shortly after the trial, Monsanto’s Vice President, Scott Partridge, released a
statement questioning opposing counsel’s conduct, which he says “distorted
the facts and used baseless and egregious emotional appeals to inflame the
jury.” A hearing on the motions has been set for October 10, 2018.
Local Food: California Signs Law Permitting
Microenterprise Home Kitchen Operations
On September 18, 2018, California Governor Jerry Brown
signed into law legislation which will permit home kitchen businesses to
sell their food products. AB
626 redefines “food facility” to include microenterprise home kitchen
operations with no more than $50,000 in gross annual sales.
Microenterprise home kitchen operations must not include catering, and
the operator must sell directly to consumers and not through any retailer or
wholesaler. The law also limits the home business to no more than
30 individual meals per day and no more than 60 meals per week.
Biofuels: EPA Announces Update to Renewable Fuel Standard
Program Website
On September 20, 2018, the U.S. Environmental Protection
Agency
announced the completion of an update to its
Renewable Fuel Standard (RFS) program website. The purpose of the
update is to improve implementation of the RFS program and to provide greater
certainty and clarity to stakeholders. The new information will include
data regarding the number of small refinery exemption petitions, the weekly
average price of Renewable Identification Numbers (RINs) traded, and the weekly
volume of RINs traded. The website updates also include system updates
and new interactive features.
Pesticides: Department of Justice Will Appeal
Chlorpyrifos Ban
On September 24, 2018, the U.S. Department of Agriculture
(USDA)
issued a press release regarding the Department of Justice’s decision to
request a rehearing regarding the chlorpyrifos ban. Chlorpyrifos is a
pesticide used to control pests on a wide variety of crops grown in the United
States. Earlier this month, the U.S. Court of Appeals for the Ninth
Circuit vacated the Environmental Protection Agency’s (EPA) order maintaining a
tolerance for chlorpyrifos. The judge found that there was significant
uncertainty regarding possible health effects for chlorpyrifos and ordered EPA
to revoke all tolerances and cancel registrations. According to USDA, the
court’s decision was based on an “incorrect assessment of the scientific
evidence.”
Biosecurity: White House Announces New Federal Biodefense
Strategy
On September 18, 2018, the White House released the
Presidential Memorandum on the Support for National Biodefense.
The Memorandum establishes the Cabinet-level Biodefense Steering Committee
which will be led by the Secretary of Health and Human Services. The
committee will monitor and coordinate the implementation of the National
Biodefense Strategy. The purpose of the
new strategy is to improve understanding and response to biological threats,
which can include disease and biological attacks. According to a
statement by the White House, the strategy will address biological threats
that are naturally occurring, deliberate, and accidental.
Food Labeling: Children’s Food and Beverage Advertising
Initiative Announces New Plan to Improve Children’s Health
On September 20, 2018, the Children’s Food and Beverage
Advertising Initiative (CFBAI)
announced a voluntary plan to improve child-directed food advertising.
CFBAI’s plan is intended to combat childhood obesity and will update food
categories for added sugars, sodium, and whole grains. CFBAI intends for
food categories to be more transparent and descriptive. Some of the organizations in CFBAI include
Burger King Corporation, Campbell Soup Company, The Coca-Cola Company, The
Hershey Company, McDonald’s USA, and Kellogg Company. CFBAI intends to
implement this plan by January 1, 2020, to coincide with new food labeling
regulations from the Food and Drug Administration (FDA).
From National Ag Law Experts:
Tiffany Dowell Lashmet, Texas
Beef Checkoff Facing Legal Challenge, Texas A&M AgriLife
Extension (September 24, 2018).
Dr. Steve Suppan, USDA
Reorganization 2.0: Cut Researchers, Cut Research, Institute for
Agriculture & Trade Policy (September 17, 2018).
Pennsylvania Legislation
Senate
Resolution 418: Referred
to Agriculture and Rural Affairs (September 21, 2018) Adding Milk as an
Eligible Product in the Senior Farmers Market Nutrition Program
Senate Resolution 421: Referred to Agriculture and Rural
Affairs (September 25, 2018) resolution urges U.S. Congress to remove
industrial hemp from Schedule 1 Controlled Substance List
Pennsylvania Notices
Public hearing: Senate Agriculture and Rural Affairs
meeting on invasive and native species (October 2, 2018)
"Farmers
urged to apply for conservation assistance" - Morning Ag Clips
"Webinar
on pasture & forage crop insurance" - Morning Ag Clips
"Struggling
U.S. Farmers Worry About a Resurgent Russia" - Wall Street Journal
"Farmers
worry bailout won't be enough" - Morning Ag Clips
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