Showing posts with label quarantine. Show all posts
Showing posts with label quarantine. Show all posts

Thursday, December 1, 2016

Agricultural Law Weekly Review—December 1, 2016

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:

Labor: Court Blocks New Overtime Regulations
On November 22, 2016, the United States District Court, Eastern District of Texas granted an Emergency Motion for Preliminary Injunction enjoining the Department of Labor from implementing and enforcing the Overtime Final Rule scheduled to go into effect on December 1, 2016 (State of Nevada ET AL v. United States Department of Labor ET AL No: 4:16-CV-00731).  According to the court, the preliminary injunction was issued because “[t]he State Plaintiffs have established a prima facie case that the Department’s salary level under the Final Rule and the automatic updating mechanism are without statutory authority.” If permitted to go into effect, the new rule would have increased the number of “white collar” workers eligible for overtime pay.

Labeling: FDA Announces Compliance Date for Food Labeling Regulations
On November 25, 2016, the United States Food & Drug Administration (FDA) published notice in the Federal Register that the agency “is establishing January 1, 2020, as the uniform compliance date for food labeling regulations that are issued between January 1, 2017, and December 31, 2018” (81 FR 85156).  According to FDA, the agency coordinates and periodically announces the effective dates of labeling changes to lessen “the cumulative economic impact on the food industry of having to respond separately to each change.”

Pesticides: Court Dismisses Beekeeper Complaint
On November 21, 2016, the United States District Court for the Northern District of California dismissed a complaint brought by beekeepers and environmentalist to compel the Environmental Protection Agency (EPA) to restrict the use of seeds treated with neonicotinoid insecticides (Anderson v. EPA, Case No. 3:16-cv-00068-WHA).  According to the Plaintiffs, EPA allegedly failed “to enforce the Federal Insecticide, Fungicide, and Rodenticide Act with respect to such seeds.” In dismissing the complaint, the court stated that “[t]he court is most sympathetic to the plight of our bee population and beekeepers…[and] [p]erhaps the EPA should have done more to protect them, but such policy decisions are for the agency to make.”

Spotted Lanternfly: PDA Announces Addendum to the Order of Quarantine
On November 26, 2016, the Pennsylvania Department of Agriculture (PDA) published notice in the Pennsylvania Bulletin of an Addendum to the Order of Quarantine published at 44 Pa.B. 6947 issued Saturday, November 1, 2014 regarding the spotted lanternfly (46 Pa.B. 7449).  According to PDA, the spotted lanternfly is considered a “dangerous insect to forests, ornamental trees, orchards and grapes…[and as a result] [a] quarantine is hereby established with respect to Union Township, Ruscombmanor Township, Richmond Township, Maiden Creek Township, Fleetwood Borough, Robeson Township, Centre Township, Centreport Borough, Birdsboro Borough in Berks County, Quakertown Borough, Richland Township, Richlandtown Borough in Bucks County, North Coventry Township, Spring City Borough, East Coventry Township, East Vincent Township in Chester County, Bethlehem City in Lehigh County, Bethlehem City in Northampton County, and Lower Fredrick Township, Pottstown Borough, Royersford Borough, Limerick Township, Upper Providence Township, Upper Pottsgrove Township, Upper Salford Township in Montgomery County.”

Food Safety: UK Establishes Food Crime Reporting Facility
On November 28, 2016, the United Kingdom’s (UK) Food Safety Agency’s (FSA’s) National Food Crime Unit (NFCU) issued a press release announcing the availability of the Food Crime Confidential reporting facility which now enables “anyone with suspicions about food crime [to] report them safely and in confidence, over the phone or through email.” According to the press release, “[f]ood crime involves dishonesty at any stage in the production or supply of food.” As a result, NFCU works with partners to protect people from serious criminal activity that impacts the safety or authenticity of food and drink they consume…[and the Food Crime Confidential] facility is particularly targeted at those working in or around the UK food industry.” 

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Thursday, September 15, 2016

Agricultural Law Weekly Review—September 15, 2016

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:

Labor: California Governor Signs Bill Removing Agricultural Worker Overtime Exemption
On September 12, 2016, California Governor Edmund G. (“Jerry”) Brown signed into law legislation removing California’s agricultural worker overtime exemption (AB 1066).  Prior to the enactment of AB 1066, California agricultural workers only received overtime pay if they worked more than 10 hours a day or 60 hours per week.  Now, however, agricultural workers must receive overtime pay if they work in excess of 8 hours a day or 40 hours per week.  The new law will phase in the new overtime requirements for agricultural worker over the course of 4 years, though agricultural producers with 25 or fewer employees will be given an additional 3 years to phase in the overtime requirements.

Trade: U.S. Brings WTO Action against China for Rice, Wheat, and Corn Support  
On September 13, 2016, the United States Department of Agriculture (USDA) issued a press release stating that “the Obama Administration has launched a new trade enforcement action against the People's Republic of China at the World Trade Organization (WTO) concerning excessive government support provided for Chinese production of rice, wheat, and corn.” According to USDA, China’s excessive government support violates WTO rules, have caused an inflation of prices above market levels, and have denied American rice, wheat, and corn farmers the ability to compete on a level playing field.

Litigation: Court Rules EPA’s Release of CAFO Information Violated FOIA
On September 9, 2016, the United States Court of Appeals for the Eighth Circuit ruled that the Environmental Protection Agency (EPA) violated the Freedom of Information Act (FOIA) when EPA released personal information pertaining to owners of concentrated feeding operations (American Farm Bureau Federation v. U.S. Environmental Protection Agency, Case No. 15-1234).  The court remanded the case back to the district court to consider American Farm Bureau Federation’s request for injunctive relief. 

FSMA: States to Receive $21.8 Million to Farmers Comply with Produce Rule
On September 9, 2016, the United States Food and Drug Administration (FDA) issued a press release announcing that the agency was “awarding…$21.8 million to support 42 states in the implementation of the FDA Food Safety Modernization Act (FSMA) produce safety rule.” According to FDA, the state “[a]pplicants were classified into five tiers of funding eligibility based on the estimated number of farms growing covered produce within their jurisdiction.” FDA stated that the funding is available for five years, subject to the availability of funding from Congress.

Quarantine: PDA Establishes Quarantine for Spotted Lanternfly
On September 10, 2016, the Pennsylvania Department of Agriculture published notice in the Pennsylvania Bulletin of an Addendum to the Order of Quarantine regarding the Spotted Lanternfly (46 Pa.B. 5814).  According to PDA, “[a] quarantine is hereby established with respect to Lyons Borough, Alsace Township, Exeter Township, St. Lawrence Borough, Berks County and Upper Macungie Township, Lehigh County and West Pottsgrove, Montgomery County.” PDA stated that “[t]his is in addition to, and does not replace, any townships and areas already subject to the Spotted Lanternfly Quarantine Order published at 44 Pa.B. 6947 issued Saturday, November 1, 2014, and any previous Addendums to that Quarantine Order.”

Thursday, April 28, 2016

Agricultural Law Weekly Review—April 28, 2016

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:

Litigation: Court Rejects Contract Grower Claims against Pilgrim’s Pride
On April 22, 2016, the United States District Court, E.D. Texas, Marshall Division granted summary judgement and dismissed claims brought by more than 200 poultry growers alleging that Pilgrim’s Pride Corporation (PPC) violated the Packers and Stockyards Act (PSA) by closing two processing facilities (Sheila Adams, et al, v. Pilgrim’s Pride Corp., 2016 WL 1615700).  The court disagreed with the poultry growers’ assertion that PPC’s facility closures had violated PSA through an attempt to increase prices by keeping as much chicken off the market as possible.

GMO Ingredients: Court Permits Chipotle Advertisement Lawsuit to Move Forward
On April 20, 2016, the United States District Court Southern District of Florida ruled that a class action lawsuit, alleging that Chipotle Mexican Grill, Inc. (Chipotle) “misrepresented to customers that its food products contain only non-GMO products,” may proceed (Reilly v. Chipotle Mexican Grill, Inc., Case No. 15-Civ-23425-COOKE-TORRES).  Specifically, the court stated that the plaintiffs are permitted to proceed with their “allegation that Chipotle’s ‘Non-GMO’ claims ‘mislead consumers into paying a premium price…for inferior products or undesirable ingredients or for products that contain ingredients that are not disclosed.”

Equine Disease: PDA Quarantines Barn after Horse Tests Positive for Equine Infections Anemia
On April 20, 2016, the Pennsylvania Department of Agriculture (PDA) issued a press release announcing the quarantine “of an equine barn in Halifax, Dauphin County, after a horse at the barn tested positive for Equine Infectious Anemia (EIA) on Monday, April 18.”  According to PDA, both the barn and the horses will be quarantined for at least 60 days.  PDA further stated that EIA poses no health threat to humans and that “[t]he quarantine can be lifted after the remaining horses are determined not to be infected.”

Contract Review: USDA to Continue Payments for Pork Trademarks
On April 20, 2016, the U.S. Department of Agriculture’s (USDA) Agricultural Marketing Service (AMS) announced that the agency “has completed its review of the 2006 asset purchase agreement between the National Pork Board and the National Pork Producers Council (NPPC) for the purchase of four trademarks…[which] include the word ‘pork’ in distinctive lettering set against a pork loin silhouette and ‘The Other White Meat’ in various forms.”  According to USDA, “[a]s a result [of the review], AMS is approving continuing annual payments of $3 million under the terms of the agreement.”

Department Structure: PDA Announces Reorganization
On April 23, 2016, the Pennsylvania Department of Agriculture (PDA) published notice in the Pennsylvania Bulletin that “[t]he Executive Board approved a reorganization of the Department of Agriculture effective April 4, 2016” (46 Pa.B. 20165).  Of note, “at the request of the Joint Committee on Documents under 1 Pa. Code § 3.1(a)(9) (relating to contents of Code)” PDA’s reorganization is published through the use of an organizational chart.   

Regulation: USDA Proposes Amendment to Voluntary Grading of Shell Eggs
On April 20, 2016, the United States Department of Agriculture Agricultural Marketing Service published notice in the Federal Register that the agency was “propos[ing] to amend the Regulations Governing the Voluntary Grading of Shell Eggs to clarify the definition of ‘condition’ and revise the prerequisite requirement for shell eggs eligible for voluntary USDA grading and certification” (81 FR 23188).  The comment period for the proposed rule closes June 20, 2016.

Tuesday, November 17, 2015

Poultry Farm Quarantines Lifted in Iowa

Written by Tyler R. Etter

The 72 commercial poultry operations in Iowa with confirmed cases of highly pathogenic avian
influenza (HPAI) are no longer under quarantine. The affected facilities may begin the process
of restocking their bird populations.

To lift the quarantine, all sites had to go through a cleaning and disinfection process, followed by
negative results on environmental tests for traces of infection. After the disinfection period, a
waiting period of 21 days applied before the quarantines could be lifted. There are still five
backyard poultry operations still under quarantine however, due to a 180 day waiting period
following depopulation. The Iowa Department of Agriculture and Land Stewardship expects
these quarantines to be lifted in the next month.

There have been no new reports of HPAI since June 17 in Iowa, but scientists are keeping an
eye on migratory bird populations to detect a recurrence of an outbreak. The migration patterns
have been delayed by a warm fall season and officials will need at least a month to be sure that
infections have not recurred.

Nationwide, all but five of the 219 commercial operations have finished the cleaning and
disinfection process. Turkey farms are expected to recover by mid-December, but egg farms will
continue the process into 2017 according to industry officials.


Monday, August 24, 2015

Concerns Over Avian Flu Leads to Revised Poultry Transportation Standards

Written by Katharine Richter

Acting under authority granted by the Domestic Animal Law (3 Pa.C.S.A. §§ 2301—2389) the Pennsylvania Department of Agriculture has issued an Interstate and General Quarantine Order focused on addressing the spread of Highly Pathogenic Avian Influenza (HPAI).  The order was published in the PA Bulletin on Saturday, August 22 and specifically targets the H5N2 and H5N8 strains of the disease which, according to the order, “have developed into a virulent form of the disease . . . [and] are easily spread, and may mutate into strains that are communicable to or among humans.”

The quarantine order applies to the entire Commonwealth of Pennsylvania and encompasses chicken, turkey and numerous species of game birds such as doves, pheasants, and grouse, as well as “all . . . waterfowl and any other species of bird . . . that may contract or harbor Avian Influenza virus.”

The quarantine order requires that any “conveyance[s], vehicle[s], container[s], and material[s]” used to transport any of the affected species into or within the Commonwealth must be cleaned and disinfected.  In the case of vehicles and conveyances the mandate requires the use of commercial truck washing equipment or its equivalent and extends to the inside of the cab, specifically including the “inside floor boards and pedals” must be cleaned.

The owner or operator must retain proof of cleaning for one month after the cleaning occurs.  The order specifies that “A receipt from a commercial truck washing operation or documentation of the place and type of equivalent equipment utilized showing the date and time” the cleaning occurred must be available for inspection by the Department of Agriculture or the Pennsylvania State Police.


The order became effective on its publication in the PA Bulletin.

Friday, August 7, 2015

Iowa HPAI Quarantine Zones Reduced to Eight

By Tyler R. Etter

On August 4, 2015, ag officials in the state of Iowa lifted 69 out of 77 quarantine zones in effect in response to avian influenza infection. There are now only 8 quarantine zones remaining across three counties in the state.

The quarantine zones were 10 kilometers in size centered around locations that had confirmed cases of highly pathogenic avian influenza in poultry.  When a quarantine zone is enacted, all movement of poultry and poultry products must be permitted by the state department of agriculture. To reduce risk of further infection, the flocks are depopulated and disposed of, with the premises then entering a period of cleaning and disinfection.

All 77 of the affected premises have gone through depopulation and disposal. Sixteen sites have completed the cleaning and disinfection process, and currently four sites are now able to begin repopulating flocks. A premise can only begin repopulation after a minimum of 21 days have passed since the last day of cleaning and disinfection, to be assessed by state animal health officials. Then state and APHIS officials must agree in writing that the affected premises can be restocked.

A control area is lifted for an area when the last infected premises in the area has been depopulated, and there have been no positive results for 21 days since the initial cleaning and disinfection of the last infected area.

It is worth noting that the quarantine is only being lifted for those premises within the control zone that had no actual HPAI infection. Premises with confirmed HPAI infections are still under quarantine.

Thursday, July 16, 2015

PDA Publishes Quarantine Order on Poultry at Agricultural Fairs

On July 11, 2015, the Pennsylvania Department of Agriculture (PDA) published notice in the Pennsylvania Bulletin which placed a quarantine order on all poultry and poultry products from the premises of the annual Pennsylvania Farm Show, as well as any competitions, shows, fairs and exhibitions that receive funding pursuant to the Pennsylvania Agricultural Fair Act.  The quarantine will be in effect until further notice from PDA.

The notice cites the authority to issue the quarantine comes from the Domestic Animal Law, specifically 3 Pa. C.S.A. §§ 2329(a) and 2329(d).  Under section 2329(d), avian influenza is considered a “dangerous transmissible disease,” giving the PDA broad authority in how to prevent and handle potential outbreaks.


Secretary of Agriculture Russell Redding issued a press release back on May 11, 2015, announcing these measures.  The press release noted that the measures are in place to prevent a potential outbreak and spread of avian influenza in Pennsylvania.  The last outbreak in Pennsylvania occurred in 1983-84 and 17 million birds were lost that were valued at $65 million.  In 2014, the poultry and egg industry totaled $13 billion in economic activity in Pennsylvania, making prevention of avian influenza critical.  

Written by Katharine Richter - Research Assistant

July 16, 2015

Tuesday, October 22, 2013

The State of Pennsylvania Issues New Rules Governing Chronic Wasting Disease Herd Certification Program

On October 9, the Pennsylvania Department of Agriculture issued an order of General Quarantine for the entire Commonwealth of Pennsylvania.  The order applies to “All persons or businesses that own or maintain[captive]elk, white-tailed deer, moose, mule deer, black-tailed deer, sika deer, red deer or hybrid” within Pennsylvania.  These individuals will have to enroll in either the Herd Certification Program or the Herd Monitoring Program.

Click here to read a copy of the order. 

Written by Joseph Negaard - Research Assistant
The Agricultural Law Resource and Reference Center
@PSUAgLawCenter
October 22, 2013

Friday, August 12, 2011

Pennsylvania Department of Agriculture Enacts Quarantine in Response to Detection of Thousand Cankers Disease in Pennsylvania

Effective immediately, Aug. 12, 2011, the Pennsylvania Department of Agriculture has enacted a quarantine restricting the movement of wood from Bucks County and other states known to host the Thousand Cankers Disease (including AZ, CA, CO, ID, NM, NV, OR, TN, UT, VA, and WA). The disease is caused by a fungus found on adult, poppyseed-sized walnut twig beetles, which bore under the bark of walnut trees and cause formation of cankers. There is no cure for the disease and effected trees usually die within ten years due to starvation for nutrients. Given the threat of the disease to the $25 billion hardwood industry, the quarantine restricts movement of all walnut material, live or dead, and all hardwood-species firewood. Penalties for failure to follow the order have been set: criminal penalties of up to 90 days in prison and up to $300 in fines, or a civil penalty up to $20,000 per violation.

View the Pennsylvania Dept. of Agriculture’s News Release here.

For a look at a similar invasive species, please visit the Ag Law Center’s Emerald Ash Borer Resource Area.

Written/Posted by Tanya J. Cramoy, Research Assistant

Saturday, February 26, 2011

Pennsylvania Department of Agriculture Repeals Emerald Ash Borer Quarantine

The Pennsylvania Department of Agriculture (“PDA”) announced that previous Emerald Ash Borer (“EAB”) Orders of Quarantines will be repealed on April 15, 2011.  EAB is an invasive species of beetle that originated in Asia and was detected in the United States in 2002.  EAB is responsible for the destruction of more than forty million ash trees in the United States and poses a continuing threat to the species of tree.  The previous EAB quarantines did not prevent EAB from spreading and PDA felt that the restrictions imposed by the EAB quarantines no longer served a productive purpose.  For more on PDA’s repeal of EAB quarantines please visit The Pennsylvania Bulletin.

Written by Jay Angle, Research Assistant

Saturday, February 5, 2011

Pennsylvania Department of Agriculture Issues New Quarantine Order for CWD-Susceptible Cervids

The Pennsylvania Department of Agriculture (“PDA”) issued a General Quarantine Order (“Order”) to address the threat of Chronic Wasting Disease (“CWD”).  CWD is an infectious and fatal disease that harms species of the genera Cervus, Odocoileus and Alces, which include elk, white-tailed deer, moose, mule, black-tailed deer, sika deer, red deer and hybrids thereof (“CWD-susceptible cervids”).   The Order rescinds the previous quarantine and people and businesses that own or maintain any of the CWD-susceptible cervids in captivity must now meet the new Order’s requirements.  Pennsylvania owners of CWD-susceptible cervids must enroll the cervids in either the CWD Herd Certification Program or the CWD Herd Monitored Program.  To enroll in either program, owners must complete and meet the requirements in the Program Enrollment Form.  For more on the Order and its requirements please visit The Pennsylvania Bulletin.

Written by Jay Angle, Research Assistant