Written by Deanna Smith and Joseph Mooradian –
Research Assistants
The following information is an update of recent
local, state, national, and international legal developments relevant to
agriculture:
Animal
Welfare: Supreme Court Denies Review of California’s Egg Sales Law
On May 30, 2017, the U.S. Supreme Court denied a
petition for review of a Ninth Circuit ruling concerning California’s AB
1437,
which required eggs sold within the state to conform to California’s animal
care standards. Missouri, along with five other states, questioned whether a
state may “challenge another State’s commercial regulations on the ground that
those regulations violate the Commerce Clause.” The
petition came after the Ninth Circuit ruled
in California’s favor in November 2016, concluding that the states did not have
adequate standing to maintain their claim in court. According to Feedstuffs,
the six-state coalition, “estimated a cost of $120 million to remodel laying
houses to meet California standards and said the state unfairly imposes burdens
on farmers outside its borders.” Denial of the petition means that the
California law will stand, although it “does leave the door open for additional
challenges,” since the case was decided on the basis of standing, not the
content or enforcement of the law.
Antibiotic
Use: Maryland Passes Animal Antibiotics Legislation
Maryland recently enacted SB0422
entitled Keep Antibiotics Effective Act of 2017. The new law mandates that
antimicrobial drugs for cattle, swine, or poultry may be administered only by a
licensed veterinarian and only for the treatment, control, or prevention of a
disease or infection, or for surgery or other medical procedures. The
legislation became law on May 27, 2017, when Governor Larry Hogan declined
to sign or veto the bill. Under the bill, antimicrobial drugs may not be given
to cattle, swine, or poultry as part of “a regular pattern” and may not be used
“solely for the purpose of promoting weight gain or improving feed efficiency.”
Maryland is the second state to regulate antibiotic use on farms through
legislation with California being the first to enact legislation imposing
stricter regulations than that of the FDA. The act will take effect on October
1, 2017.
National
Ag Policy: Perdue Discusses Proposed USDA Budget Cuts
On May 24, 2017, U.S. Secretary of Agriculture Sonny
Perdue met with lawmakers at a budget
hearing to discuss the proposed USDA budget cuts. According
to Food
Chemical News, the House Appropriations hearing lasted
around two hours, and that subjects discussed included “reductions in staffing
levels,” “transferring catfish inspection authority from USDA back over to
[the] FDA,” “an 11% proposed cut to the National Organic Program (NOP),”
“proposed cuts to USDA food assistance programs,” and whether or not the
administration would “toss the ‘Farmer Fair Practices’ GIPSA rules.”
Pesticides:
U.S. House Votes to Loosen Restrictions on Pesticides
On May 24, 2017, in a 256-165 vote, the U.S. House
passed H.R.953
as a part of the Reducing Regulatory Burdens Act of 2017. The bill loosens
restrictions on federal pesticide regulations and amends the Federal
Insecticide Fungicide and Rodenticide Act (FIFRA) and the Clean Water Act by
prohibiting the EPA or states from requiring permits under the Clean Water Act
if the pesticide is already approved under FIFRA.
Biosecurity:
Senate Passes Securing our Agriculture and Food Act
On May 24, 2017, the U.S. Senate passed the Securing
our Agriculture and Food Act, H.R.1238.The
act defends food, agriculture, and livestock against terrorism and similar
high-risk events to ensure a safe food supply. The act “amends the Homeland
Security Act of 2002 to direct the Assistant Secretary for Health Affairs for
the Department of Homeland Security (DHS) to carry out a program to coordinate
DHS efforts related to defending the food, agriculture, and veterinary systems
of the United States against terrorism and other high-consequence events that
pose a high risk to homeland security.”
Animal
Welfare: The World Organization on Animal Health Adopts Animal Welfare Strategy
On May 24, 2017, the World Organization on Animal
Health (OIE) announced
its first global strategy on animal welfare. The strategy was developed and
endorsed at the 4th OIE Global Conference on animal welfare that
took place last year in Mexico and is comprised of four pillars: “development
of international animal welfare standards,” “enhancement of capacity building
and training of veterinary services,” “communication with governments, national
and international organizations, and the public to raise awareness on animal welfare,”
and “progressive implementation of OIE standards on animal welfare and their
corresponding policies.”
National Ag Policy:
USFRA Publishes Sustainability Report
On May 26, 2017, the U.S. Farmers and Ranchers
Alliance published Agriculture
in America Sustainability Report 2017. The report includes a
summary report on a survey of farmers’ and ranchers’ perceptions on
environmental sustainability and agricultural practices, as well as information
on key commodities in the industry and their impact on different aspects of the
environment.
Raw
Milk: CDC Releases Report on Outbreak-Related Diseases from Raw Milk and Cheese
The June 2017 issue of Emerging Infectious Diseases released by the CDC contains a
research report titled, “Outbreak-Related
Disease Burden Associated with Consumption of Unpasteurized Cow’s Milk and
Cheese, United States, 2009-2014.” The report details how
“the growing popularity of unpasteurized milk in the United States raises
public health concerns” and tracks the correlation between a growing
“consumption of unpasteurized dairy products,” and the claim that “a doubling
in the consumption of unpasteurized milk or cheese could increase
outbreak-related illnesses by 96%.”
Industrial
Hemp/Cannabis: Maryland Halts Medical Marijuana Licensing Pending a Hearing
this Friday
On May 25, 2017, The
Washington Post reported
that Baltimore Circuit Judge Barry Williams “granted a temporary restraining
order barring the Maryland Medical Cannabis Commission from granting new
licenses to grow medical marijuana until a June 2 hearing.” A company in
Maryland is suing because the Medical Cannabis Commission “failed to consider
minority ownership” in awarding permits. Of the fifteen marijuana-growing
companies chosen by the commission throughout Maryland, “none [are] led by
African Americans.” At the hearing this Friday, June 2, 2017, Judge Williams
will decide whether or not to continue the licensing freeze until the
resolution of the lawsuit.
Pennsylvania
Legislation
Agricultural and Rural Affairs Committee (Senate)
·
HB
790:
Legislation to repeal the Noxious Weed Control Law (Act 74 of 1982) and replace
it with the Controlled Plant and Noxious Weed Act (Referred to committee – May
31, 2017)
Agricultural and Rural Affairs Committee (House)
·
HB
1463: An Act amending the act of December 7, 1982 (P.L.784,
No.225), known as the Dog Law (Referred to committee - May 31, 2017)
Environmental Resources and Energy Committee (House)
·
HB
20:
Legislation to enact a water resource
fee for major water withdrawals in the Commonwealth (Referred to committee -
May 25, 2017)
·
HB
1459:
An Act amending the act of June 22, 1937
(P.L.1987, No.394), known as The Clean Streams Law (Referred to committee - May
25, 2017)
AgLaw HotLinks:
Connect with us on Facebook!
Every week we will post the CASL Ledger which details all our publications and
activities from the week.
For a comprehensive summary of daily
judicial, legislative, and regulatory developments in agriculture and food,
visit The
Ag & Food Law Blog.
