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:
EPA and Army Seek State Input on “Waters of the U.S.” Rule
On May 9, 2017, the U.S. Environmental Protection
Agency (EPA) and the U.S. Army announced
that a letter has been sent “to governors…soliciting input from states on a new
definition of protected waters that is in-line with Supreme Court Justice
Antonin Scalia’s opinion in the 2006 Rapanos v. United States case.” The
announcement stated: “Scalia’s definition explains that federal oversight
should extend to “relatively permanent” waters and wetlands with a “continuous
surface connection” to large rivers and streams.” The action is in response to President
Donald Trump’s February 28, 2017, executive order “direct[ing] federal agencies
to roll back and replace the Obama Administration’s Clean Water Rule – also
known as the ‘Waters of the U.S.’ or WOTUS.” EPA Administrator Scott Pruitt
stated, “[l]ike President Trump, I believe that we need to work with our state
governments to understand what they think is the best way to protect their
waters, and what actions they are already taking to do so.”
On May 10, 2017, U.S. Department of Agriculture
(USDA) Agricultural Marketing Service (AMS) announced
a delay in the effective date for the Organic Livestock and Poultry Practices
Final Rule published on
January 19, 2017 (82 FR 7042). According to USDA AMS, “[t]he
final rule amends the organic livestock and poultry production requirements by
adding new provisions for livestock handling and transport for slaughter and
avian living conditions; and expands and clarifies existing requirements
covering livestock care and production practices and mammalian living
conditions.” The announced delay, which is intended to allow for further USDA
consideration of the rule, moves the rule’s effective date from May 19, 2017,
to November 14, 2017.
Food
Safety: Gottlieb Confirmed as Head of FDA
On May 9, 2017, the Washington Times reported
that the U.S. Senate has confirmed Dr. Scott Gottlieb as the new Commissioner
of Food and Drugs by a vote of 57-42.
Accordingly, Commissioner Gottlieb will now head the Food and Drug
Administration (FDA) which is part of the U.S. Department of Health and Human
Services. The report stated that “Dr.
Gottlieb is an internist who worked as a deputy commissioner at the FDA during
the Bush administration from 2005 to 2007.”
Medical
Marijuana: California Court Orders Return of Funds Seized from Marijuana
Business
On May 8, 2017, the Institute for Justice announced
that a San Diego County Superior Court has ordered the San Diego District
Attorney (DA) to return funds seized from family members’ bank accounts
following a raid on a legal marijuana business.
According to the announcement, “[a]lthough no one has been charged with
any crime, the DA used civil forfeiture laws to seize more than $55,000 from
James [Slatic’s] personal bank account, more than $34,000 from his wife,
Annette, and more than $5,600 each from their teenage daughters Lily and Penny,
who had saved the money for college.” The announcement stated that the court “ruled
that the District Attorney had no grounds to hold the funds since it had not
pursued any criminal charges or forfeiture for more than 12 months.”
Antitrust:
Florida Investigates Pricing Practices of Tyson Foods and Pilgrim's Pride
On May 9, 2017, Reuters reported
that Tyson Foods Inc. and Pilgrim’s Pride Corp. have confirmed that the Florida
Attorney General has contacted them seeking information “regarding a probe into
possible anticompetitive behavior.” According to the report, “Florida Attorney
General Pam Bondi’s office has opened an investigation into allegations made in
civil lawsuits filed last year in federal court in Chicago that Tyson and other
chicken processors conspired to fix prices.”
Food
Safety/Biosecurity: APHIS Announces Notice of Changes to National Poultry
Improvement Plan Program Standards
On May 5, 2017, the U.S. Department of Agriculture’s
(USDA) Animal Plant Health Inspection Service (APHIS) announced
an update to the National Poultry Improvement Plan (NPIP) Program Standards. USDA APHIS stated that “[i]n a previous
notice, the Agency proposed changes to the NPIP Program Standards document to
establish new biosecurity principles and to update some testing procedures.” According
to USDA APHIS, the previous notice was made “available for public review and
comment for 30 days” and that “[n]o comments were received.”
Antitrust:
Bayer Agrees to sell Liberty in Order to Acquire Monsanto
On May 8, 2017, Reuters reported that
“Bayer (BAYGn.DE) has agreed to sell its Liberty herbicide and
LibertyLink-branded seeds businesses to win antitrust approval for its
acquisition of Monsanto (NON.N).” According to the report, the two Liberty
brand companies “compete with Monsanto’s Roundup weed killer and Roundup Ready
seeds.” The report stated that divestment of the global brands was currently
being required by South Africa’s Competition Commission and that similar requirements
were anticipated in both the United States and the European Union.
Right
to Farm: North Carolina Governor Vetoes Bill Limiting Nuisance Suits
On May 5, 2017, the Citizen-Times reported that
North Carolina “Governor Roy Cooper vetoed legislation…limiting certain
monetary damages in civil lawsuits filed by neighbors of hog and poultry farm
operations if a court determines the stench from animal waste is officially a
nuisance.” According to the report, Governor Cooper asserted that “the measure…gave
special protection to certain types of farm operations and opens the door to
weakening civil actions in other nuisance matters.” In response, Rep. Jimmy
Dixon, stated: “It’s very unfortunate that the governor chose to veto this bill
that was well intended to keep our agriculture community viable and continuing
to produce quality and affordable food for our citizens.”
Farmland
Preservation: Pennsylvania Department of Agriculture Issues Annual Farmland Preservation
Report
In May 2017, the Pennsylvania Department of
Agriculture (PDA) released the Bureau
of Farmland Preservation 2016 Annual Report. The report stated: “In 2016, 12,241 acres
were placed under agricultural conservation easements.” According to PDA, “[a]
total of 531,025 acres has been placed under agricultural conservation
easements in the commonwealth since the program began under the authority of
Act 149 of 1988.”
Soda
Tax: Santa Fe Voters Reject Soda Tax
Pennsylvania
Legislation
On May 2, 2017, the Albuquerque Journal reported
that Santa Fe, New Mexico “voters soundly rejected a proposed 2-cents-per-ounce
tax on the distributors of sugar-sweetened beverages.” The report stated that “[a]
record 37.6 percent of registered voters turned out for the election…[with] 58
percent vot[ing] ‘no.’” According to the report, “Santa Fe’s 2-cents-per-ounce
proposal would have matched Boulder, Colo., as the highest in the nation and
was aimed at financing an effort to make 1,000 pre-kindergarten education slots
available to Santa Fe children for free or at affordable rates.”
Senate Agricultural and Rural Affairs Committee:
House Agricultural and Rural Affairs Committee:
·
HB
1358
(Purely Public Charities - Fraternal and Agricultural Organizations, Referred
to committee, May 9, 2017)
·
Committee Meeting on Pennsylvania Forest
Products (May 3, 2017)
·
Informational meeting-Presentation by
the Secretary of Agriculture on budget and priorities for the Department of
Agriculture and any other business that may come before the committee (May 10,
2017)
Pennsylvania
Actions and Notices
AgLaw HotLinks:
·
In 2017 appropriations package, sustainable
agriculture receives increased funding - SustainableAg
·
New Mexico attorney general to investigate
anticompetitive cattle industry practices - TSLiveStockNews
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