Thursday, February 22, 2018

Agricultural Law Weekly Review—February 22, 2018


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:

Pesticides: EPA Penalizes Amazon over $1.2M for Online Sale of Illegal Pesticides
On February 15, 2018, the U.S. Environmental Protection Agency (EPA) announced a settlement with Amazon Services LLC regarding the online sales of unregistered and misbranded pesticide products.  According to EPA, from 2013-2016, Amazon sold and distributed imported pesticide products that were not licensed for sale in the U.S.  EPA alleged that these illegal actions resulted in nearly four thousand violations of the Federal Insecticide, Fungicide and Rodenticide Act.  Under the terms of the settlement, Amazon will be required to: (1) pay EPA a penalty of $1,215,700 and (2) develop an online pesticide training course for Amazon retailers.  According to EPA, completion of the online training course will be required by all entities prior to selling pesticide products on Amazon.com.

Pesticides: Judge Rejects Monsanto Action to Stop Arkansas Dicamba Ban
On February 16, 2018, Reuters reported that an Arkansas judge rejected a Monsanto Co. lawsuit seeking to overturn the state’s dicamba spraying restrictions.  On January 19, 2018, the Arkansas Agricultural Department announced regulations prohibiting the use of the herbicide dicamba from April 16 through October 31.  As a result of this action, Monsanto brought suit alleging that “[t]he Arkansas ban hurts Monsanto’s ability to sell dicamba-tolerant seed in the state and has caused ‘irreparable harm’ to the company.” According to the report, in dismissing Monsanto’s legal challenge, “Pulaski County Circuit Court Judge Chris Piazza cited a recent Arkansas Supreme Court decision that the state cannot be made a defendant in court.”

Food and Nutrition: USDA Extends Comment Period on Food Crediting in Child Nutrition Programs
On February 20, 2018, the U.S. Department of Agriculture (USDA) Food and Nutrition Service (FNS) published notice in the Federal Register extending the comment period regarding USDA-FNS’ crediting system and the Child Nutrition Programs (83 FR 7139).  According to USDA-FNS, the Child Nutrition Programs (which include: National School Lunch Program, School Breakfast Program, Child and Adult Care Food Program, and Summer Food Service Program) are critical in providing many children with nutritious food.  Additionally, FNS stated that crediting is the process used by the agency “to determine how individual foods contribute to the Child Nutrition Programs' meal patterns.” USDA-FNS asserted that the extended comment period is intended to help the agency structure a crediting system that better: (1) addresses the current food and nutrition environment, (2) gives children access to the nutrition they need, and (3) provides customer service. Accordingly, USDA-FNS has scheduled the comment period to close on April 23, 2018.

Agricultural Data: Syngenta Acquires Satellite Imagery Company
On February 14, 2018, Syngenta announced the acquisition of the satellite imagery company FarmShots, Inc.  According to Syngenta, FarmShots has been a leader in developing high-resolution technology that can allow for the detection of plant health through “analyzing absorbed light from field images.” Syngenta asserted that this technology permits “growers and their trusted advisers to reduce field scouting by as much as 90 percent and helps them focus on areas of need.” Additionally, Syngenta stated that the FarmShots system, will allow growers to access their secure, optimized data through mobile devices such as tablets, laptops and smart phones.

Biosecurity: Deer from Pennsylvania Farm Tests Positive for Chronic Wasting Disease in Wisconsin
On February 15, 2018, the Pennsylvania Department of Agriculture (PDA) announced that a deer originating from a Pennsylvania breeding farm has tested positive for Chronic Wasting Disease in Wisconsin.  The deer in question was harvested on a Wisconsin hunting preserve in the fall of 2017.  Subsequently, DNA testing was used to confirm that the deer was born on a breeding farm in Lancaster County, Pennsylvania.  The breeding farm is currently under quarantine as PDA and the U.S. Department of Agriculture work to establish a Herd Management Plan designed to limit the spread of the disease.   

Industrial Hemp / Cannabis: Pennsylvania Approves 39 Industrial Hemp Research Applications
On February 15, 2018, the Pennsylvania Department of Agriculture (PDA) announced the approval of 39 industrial hemp research applications.  According to PDA, if all 39 applicants complete the permitting process, nearly 1,000 acres statewide will be utilized for hemp production in 2018.  In contrast, in 2017, hemp production in the Commonwealth was limited to 14 growers on 36 acres statewide.  The 39 approved industrial hemp applicants come from the following Pennsylvania counties: Adams, Bedford, Berks, Bucks, Carbon, Chester, Clearfield, Columbia, Cumberland, Dauphin, Franklin, Lackawanna, Lancaster, Lehigh, Luzerne, Lycoming, Mifflin, Monroe, Montgomery, Montour, Perry, Somerset, Washington, Westmoreland, and Wyoming.

Farmland Preservation: Pennsylvania Farmland Preservation Program Passes $1 Billion Mark
On February 15, 2018, the Pennsylvania Department of Agriculture announced that the Agricultural Land Preservation Board has approved $37 million in farmland preservation funding for 2018.  With the announced funding, Pennsylvania’s financial commitment to farmland preservation exceeds $1 billion since the Pennsylvania Agricultural Conservation Easement Purchase Program was developed in 1988.  Accordingly, since 1988, these farmland preservation funds have been used to purchase permanent easements on 5,270 Pennsylvania farms totaling 546,963 acres.

Pennsylvania Actions and Notices:
Department of Agriculture

Department of Transportation

Pennsylvania Public Utility Commission

Susquehanna River Basin Commission

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Thursday, February 15, 2018

Agricultural Law Weekly Review—February 15, 2018



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: Ten States and D.C. Sue over Suspension of WOTUS
On February 6, 2018, ten states and the District of Columbia brought suit against the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers (the agencies) after the agencies delayed implementation of the “waters of the United States” (WOTUS) rule (New York, et al, v. Pruitt, U.S. Dist. Ct. S. Dist. N.Y., Case No. l:18-cv-1030).  On February 6, 2018, the agencies published notice in the Federal Register adding a February 6, 2020, applicability date to the WOTUS rule (83 FR 5200).   The agencies stated that the February 6, 2020, applicability date would allow the continued regulatory status quo as revisions to the WOTUS rule are being considered.  According to the plaintiff’s, this action violated the Administrative Procedure Act because the agencies did not give States and the general public an opportunity to comment. 

Food Safety: USDA-FSIS Announces Proposed Changes to Egg Products Inspection Regulations
On February 13, 2017, the U.S. Department of Agriculture’s (USDA) Food Safety and Inspection Service (FSIS) published notice in the Federal register of a proposed rule amending the egg products inspection regulations regarding official plants that process egg products (83 FR 6314).  Under the proposed changes, official plants that process egg products will be required to develop Hazard Analysis and Critical Control Points systems and Sanitation Standard Operating Procedures that are consistent with the meat and poultry regulations.  According to USDA-FSIS, the purpose of the new regulations is to produce egg products that are free of detectable pathogens.  USDA-FSIS will accept public comment on the proposed rule until June 13, 2018. 

Agricultural Labor: EPA and Syngenta Reach Agreement over Pesticide Violations
On February 12, 2018, the U.S. Environmental Protection Agency (EPA) announced an agreement with Syngenta Seeds, LLC, following the company’s violations of federal pesticide regulations at a farm in Kauai County, Hawaii.  According to EPA, on two separate occasions, Syngenta failed to properly notify farmworkers of the need to avoid fields that had recently been treated with pesticides.  These notification failures resulted in farmworker exposure and hospitalization.  Additionally, EPA found that Syngenta failed to provide farmworkers with adequate decontamination supplies and prompt transportation to a medical facility following pesticide exposure.  According to the terms of the agreement, Syngenta must pay a $150,000 civil penalty and spend $400,000 to conduct eleven worker protection training sessions; develop pesticide training materials; and develop pesticide compliance kits.

Invasive Species: Proposed Pennsylvania Budget Includes Nearly $1.6 Million to Fight Spotted Lanternfly
On February 7, 2018, the Pennsylvania Department of Agriculture (PDA) announced that Pennsylvania Governor Tom Wolf’s proposed budget for fiscal year 2018-19 includes $1.597 million in new funding to fight the spotted lanternfly.  According to PDA, the spotted lanternfly currently “threatens to destroy $18 billion worth of agricultural commodities produced in the state, such as apples, grapes and hardwoods.” PDA stated that the proposed funds would be used by the department to increase “detection and eradication of the pest; coordinate multi-agency response, outreach and training; and purchase and distribute supplies to other partners.”  

Pennsylvania Actions and Notices:
Department of Environmental Protection


AgLaw HotLinks:


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Thursday, February 8, 2018

Agricultural Law Weekly Review—February 8, 2018


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:

Air Quality: Court Extends Date for Certain Farm Emission Reporting
On February 1, 2018, the U.S. Environmental Protection Agency (EPA) announced that the DC Circuit Court of Appeals has extended the initial reporting date for certain farms formerly exempted from emission reporting requirements.  Previously, on April 11, 2017, the court vacated a rule that provided a complete agricultural exemption for reporting air emissions under the Comprehensive Environmental Response, Compensation, and Liability Act as well as a partial agricultural exemption for reporting air emissions under the Emergency Planning and Community Right-to-Know Act.  As a result of the court’s latest action, farms affected by the April 11, 2017, decision will not be required to submit their initial reports until the court orders its mandate enforcing the decision.  EPA anticipates that the court will order the mandate on May 1, 2018.

Packers and Stockyards Act: Pennsylvania Department of Agriculture Assists Livestock Producers Following Nonpayment
On January 31, 2018, the Pennsylvania Department of Agriculture (PDA) provided guidance for Pennsylvania livestock producers who allegedly have not received payments for animals sold.  PDA stated that the department has recently received complaints of nonpayment regarding livestock sold through the Westminster Livestock Auction in Westminster, Maryland.  According to Agriculture Secretary Russell Redding, the U.S. Department of Agriculture’s Packers and Stockyards Division has jurisdiction over the matter.  As a result, affect livestock sellers have 60 days from the date of the transaction to file a valid claim with the Packers and Stockyards Division.  To assist the filing of claims, PDA provided the following information:
  • Instructions on how to file a bond claim are available through USDA’s Agricultural Marketing Service website.
  • To file a claim, contact the Eastern Regional Office of the Packers and Stockyards Division, part of the USDA’s Agricultural Marketing Service Fair Trade Practices Program, at 404-562-5840 or toll-free at 1-800-998-3447, or visit www.ams.usda.gov.

WOTUS: EPA and Army Add Applicability Date to WOTUS Rule
On February 6, 2018, the U.S. Environmental Protection Agency and the U.S. Department of the Army published notice in the Federal Register adding a February 6, 2020, applicability date to the “waters of the United States” (WOTUS) rule (83 FR 5200).  In 2015, the two agencies published WOTUS with an effective date of August 28, 2015.  On August 27, 2015, the U.S. District Court for the District of North Dakota enjoined the applicability of WOTUS in the 13 States challenging the rule in that court.  On October 9, 2015, the U.S. Court of Appeals for the Sixth Circuit stayed WOTUS nationwide pending further action of the court.  Subsequently, on January 22, 2018, the U.S. Supreme Court (SCOTUS) held that the courts of appeals do not have original jurisdiction to review WOTUS challenges.  The agencies stated that because of the SCOTUS decision, the February 6, 2020, applicability date will enable the continued regulatory status quo as revisions to WOTUS are being considered.

Marketing Orders: USDA Announces Delay of California Federal Milk Marketing Order
On February 6, 2018, the U.S. Department of Agriculture (USDA) Agricultural Marketing Service (AMS) published notice in the Federal Register announcing a delay of the California Federal Milk Marketing Order (FMMO) rulemaking proceeding (83 FR 5215).  On September 22, 2015, USDA-AMS commenced a California FMMO hearing presided over by an Administrative Law Judge (ALJ).  Subsequently, on November 29, 2017, the Solicitor General of the United States petitioned the U.S. Supreme Court asserting that ALJs are “inferior officers” of the U.S., subject to the Appointments Clause of Article II of the Constitution. (Lucia v. Securities and Exchange Commission, No. 17-130 (U.S. January 12, 2018).  According to USDA-AMS, if the Court finds that ALJs are inferior officers of the U.S. rather than employees, the original appointment of the ALJ presiding over the California FMMO hearing would be brought into question.  As a result, USDA-AMS stated that it will “delay further proceedings in this FMMO rulemaking until the Court renders its decision in Lucia.”

Invasive Species: USDA Provides Pennsylvania Emergency Funding to Fight Spotted Lanternfly
On February 7, 2018, the U.S. Department of Agriculture (USDA) announced that the agency will be providing Pennsylvania with $17.5 million in emergency funding to help stop the spread of the spotted lanternfly.  The action is the result of an upsurge of the invasive species in Pennsylvania which saw the number of affected square miles increase from 174 in 2016, to approximately 3,000 in 2017.  As a result, USDA stated that it has been working with the Pennsylvania Department of Agriculture to develop an area-wide approach to fight the spotted lanternfly before the invasive species re-emerges this spring.  According to U.S. Rep. Glenn ‘GT’ Thompson (R-PA), the USDA funds will be used to help “the Commonwealth treat, gather data and perform the coordination needed to contain the spread of this devastating threat.”

Pennsylvania Legislation:
Appropriations
  • HB 1917 Legislation to strengthen training and oversight of humane society police officers (Re-referred to Appropriations February 5, 2018) 

Environmental Resources and Energy (S)
  • SB 15 Legislation addressing climate change (Referred to committee, January 26, 2018) 

Environmental Resources and Energy (H)
  • HB 2034 Legislation to include the chemical element molybdenum in the labeling requirements for agricultural liming materials (Reported out of committee, February 5, 2018)
  • SB 799 Legislation creating program for Pennsylvania municipalities and municipal separate storm sewer systems to meet Chesapeake Bay nutrient reduction mandates (Referred to committee, February 1, 2018) 

Tourism and Recreational Development (H)
  • HB 2051 Legislation regarding tourism marketing and funding (Referred to committee, February 2, 2018) 

Pennsylvania Actions and Notices:
Delaware River Basin Commission

Cases:
IN RE: DICAMBA HERBICIDES LITIGATION, United States Judicial Panel on Multidistrict Litigation (MDL No. 2820, Feb. 1, 2018)

IN RE: PROCESSED EGG PRODUCTS ANTITRUST LITIGATION Kraft Foods Global, Inc., Kellogg Company, General Mills, Inc., and Nestlé USA, Inc., Appellants, U.S. Court of Appeals Third Circuit (No. 16-3795, Jan. 22, 2018)

AgLaw HotLinks:

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

Connect with us on Facebook to view our weekly CASL Ledger detailing Center publications and activities.

Listen to our weekly Agricultural Law Podcast.

Stay informed with our monthly Agricultural Law Brief newsletter.  

Visit The Ag & Food Law Blog for a comprehensive summary of daily judicial, legislative, and regulatory developments in agriculture and food.

Thursday, February 1, 2018

Agricultural Law Weekly Review—February 1, 2018


Written by: M. Sean High—Staff Attorney
Contributing: Errin McCaulley—Research Assistant
                 
The following information is an update of recent local, state, national, and international legal developments relevant to agriculture:

Soda Tax: PA Supreme Court Agrees to Rule on Philadelphia Soda Tax
On January 30, 2018, the Legal Intelligencer reported that the Pennsylvania Supreme Court has agreed to hear arguments regarding the legality of Philadelphia’s Beverage Tax (PBT) on sugar-sweetened beverages.  The action follows the June 14, 2017, decision by the Commonwealth Court rejecting an appeal brought by beverage dealers seeking to invalidate the 1.5 cent per fluid ounce tax for any sugar-sweetened beverage supplied, acquired, delivered, or transported into Philadelphia for retail sale (Lora Jean Williams, et. al., v. City of Philadelphia, et. al.No. 2077 and No. 2078 C.D. 2016).  The beverage dealers assert that under Pennsylvania's Sterling Act, which prevents duplicate taxation at the state and local level, the PBT is impermissible because the Pennsylvania Tax Code already imposes sales tax on sugary "soft drinks."

WOTUS: Eleventh Circuit Responds to WOTUS Jurisdictional Determination by U.S. Supreme Court
On January 24, 2018, the Eleventh Circuit Court of Appeals remanded a lawsuit challenging the “waters of the United States” (WOTUS) rule to the U.S. District Court for the Southern District of Georgia (Georgia v. Pruitt, Case: 15-14035).  Previously, the district court had ruled that it lacked jurisdiction to hear the WOTUS challenge.  In vacating and remanding the district court order, the Eleventh Circuit cited the U.S. Supreme Court’s (SCOTUS) January 22, 2018, decision regarding jurisdiction for WOTUS rule challenges (National Assn. of Mfrs. v. Department of Defense No. 16-299).  For more information regarding the SCOTUS decision, please the Center’s January 25, 2018 Agricultural Law Weekly Review.

National Organic Program: Certifying of Hydroponic, Aquaponic and Aeroponic Operations Allowed Under Organic Regulations
On January 25, 2018, the U.S. Department of Agriculture (USDA) issued a bulletin asserting that the “[c]ertification of hydroponic, aquaponic, and aeroponic operations is allowed under the USDA organic regulations.” According to USDA, such operations may only label these products as organic if the operations: (1) are certified by a USDA-accredited certifying agent and (2) maintain compliance with the USDA organic regulations.   USDA stated that while it is currently considering prohibiting aeroponic systems in organic production, the system will continue to be permitted until the completion of an agency review.

Livestock Emissions: Agriculture Ministers Comment on Livestock Production and Climate Change
On January 25, 2018, the International Centre for Trade and Sustainable Development reported that at a recent meeting in Berlin, Germany,  agriculture ministers from 69 countries issued a statement addressing the global livestock sector and climate change.  According to the ministers, the Food and Agriculture Organization of the United Nations has reported that the livestock sector contributes “14.5% of all anthropogenic greenhouse-gas (GHG) emissions globally.” As a result of this potential effect on climate change, the ministers called for implementation of the UN’s Paris Agreement on climate change and the 2030 Agenda for Sustainable Development’s Sustainable Development Goals.  Additionally, the ministers called for rules, standards, and voluntary agreements that create more efficient livestock production systems and lead to reduced livestock GHG emissions. 

Water: Study Shows Wetlands Help Reduce Downstream Nitrogen Pollution
On January 29, 2018, the National Science Foundation (NSF) released a study asserting that wetlands may dramatically help to reduce nitrate levels in rivers and streams.  According to NSF, in highly intensive agricultural areas “excess nitrate from crop fertilizer makes its way into rivers and streams through subsurface drainage channels and agricultural ditches.” NSF stated that according to their research, multiple wetlands (known as wetland complexes) have been shown to be five times more effective than the best land-based nitrogen mitigation strategies at reducing nitrate in rivers and streams.  As a result of these findings, one of the study’s co-authors stated that “wetland restoration could be one of the most effective methods for improving water quality in the face of climate change and the increasing global demand for food."

Pennsylvania Legislation:
Agricultural and Rural Affairs (S)
  • HB 1917 Legislation to strengthen training and oversight of humane society police officers (Committee meeting to consider legislation, January 31, 2018) 

  • SB 816 Legislation to amend Pennsylvania’s Dangerous Dog Law (Committee meeting to consider legislation, January 31, 2018) 

  • HB 1550 Legislation to amend the Agricultural Area Security Law to provide for restrictions and limitations on preserved farmland (Committee meeting to consider legislation, January 31, 2018) 

Agricultural and Rural Affairs (H)
  • Informational meeting on dairy industry issues and any other business that may come before the committee (Scheduled date: February 26, 2018) 

Environmental Resources and Energy (S)
  • HB 1486 Legislation exempting “high tunnels” that meet certain parameters from any requirements under Storm Water Management Act (Act 167 of 1978) (Committee meeting to consider legislation, January 30, 2018) 

Environmental Resources and Energy (H)
  • HB 2034 Legislation to include the chemical element molybdenum in the labeling requirements for agricultural liming materials (Committee voted to report bill as committed, January 24, 2018) 

Pennsylvania Actions and Notices:
Department of Agriculture

Department of Conservation and Natural Resources

Department of Environmental Protection

State Conservation Commission

 AgLaw HotLinks:

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

Connect with us on Facebook to view our weekly CASL Ledger detailing Center publications and activities.

Listen to our weekly Agricultural Law Podcast.

Stay informed with our monthly Agricultural Law Brief newsletter.  

Visit The Ag & Food Law Blog for a comprehensive summary of daily judicial, legislative, and regulatory developments in agriculture and food.

Thursday, January 25, 2018

Agricultural Law Weekly Review—January 25, 2018

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: U.S. Supreme Court Decides Jurisdiction for WOTUS Challenges
On January 22, 2018, the U.S. Supreme Court (SCOTUS) determined that legal challenges to the “waters of the United States” (WOTUS) rule are to be brought first at the federal district court level (National Assn. of Mfrs. v. Department of Defense No. 16-299).  After the WOTUS rule was promulgated in November 2015, several parties brought actions challenging the rule simultaneously in both federal district courts and federal courts of appeals.  Ultimately, numerous federal court appeals actions were consolidated and transferred to the Court of Appeals for the Sixth Circuit.  According to SCOTUS, challenges to the WOTUS rule do not fall under the scope of those Clean Water Act challenges afforded direct and exclusive review in federal courts of appeals.  As a result, SCOTUS held that the Sixth Circuit lacked jurisdiction because challenges to the WOTUS rule must be reviewed initially in the federal district courts.

Food Safety: USDA-FSIS Announces Proposed Swine Inspection Rule
On January 19, 2018, the U.S. Department of Agriculture (USDA) Food Safety and Inspection Service (FSIS) announced a proposed amendment to the federal meat inspection regulations for hog slaughter establishments.  Specifically, USDA-FSIS is seeking “to establish a new voluntary inspection system for market hog slaughter establishments called the New Swine Slaughter Inspection System (NSIS), while also requiring additional pathogen sampling for all swine slaughter establishments.” Following future publication in the Federal Register, USDA-FSIS will receive public comment on the proposed rule for 60 days.

FSMA: FDA Releases Draft Guidance on Hazard Analysis and Risk-Based Preventive Controls for Animal Food
On January 23, 2018, the U.S. Food and Drug Administration (FDA) published notice in the Federal Register of the availability of draft guidance entitled: Hazard Analysis and Risk-Based Preventive Controls for Food for Animals (83 FR 3163).  Promulgated under the Food Safety Modernization Act, the draft guidance “is intended to explain how to comply with the requirements for hazard analysis and risk-based preventive controls for food for animals.”  According to FDA, the draft guidance addresses the following areas: (1) food safety plans; (2) conducting a hazard analysis; (3) hazards associated with the manufacturing, processing, packing, and holding of animal food; (4) preventive controls; and (5) preventive control management components.

FSMA: FDA Releases Five New FSMA Guidance Documents for Importers and Food Producers
On January 24, 2018, the U.S. Food and Drug Administration (FDA) announced the availability of five guidance documents intended to assist importers and food producers comply with the Food Safety Modernization Act.  According to FDA, the guidance documents include the following: (1) draft guidance on the Foreign Supplier Verification Program (FSVP) rule; (2) a FSVP rule small entity compliance guide; (3) draft guidance on the term “Same Level of Public Health Protection” used in both the FSVP and Produce Safety regulations; (4) Chapter 15 of the draft Preventive Controls for Human Food guidance regarding supply-chain requirements; and (5) enforcement discretion guidance regarding the application of FSVP to certain importers of grain raw agricultural commodities.

National Organic Program: USDA Proposes Changes to the National List of Allowed and Prohibited Substances
On January 17, 2018 the U.S. Department of Agriculture (USDA) Agriculture Marketing Service (AMS) published notice in the Federal Register of a proposed rule to amend USDA’s organic regulations through changes to the National List of Allowed and Prohibited Substances (National List) (83 FR 2498).  First, the proposed rule would alter use restrictions for seventeen substances currently allowed for organic production or handling on the National List.  Second the proposed rule would add sixteen new substances on the National List to be allowed in organic production or handling.  Third, the proposed rule would list the botanical pesticide, rotenone, as a prohibited substance in organic crop production.  Finally, the proposed rule would remove ivermectin as an allowed parasiticide for use in organic livestock production.

International Trade: U.S. Wins WTO Broiler Chicken Dispute with China
On January 18, 2018, Reuters reported that the World Trade Organization (WTO) ruled in favor of the United States regarding China’s failure to adequately lower tariffs on U.S. broiler chicken products.  According to Reuters, in 2011, the WTO issued a ruling that China had improperly imposed anti-dumping duties on U.S. broiler chicken products.  Though China subsequently lowered these tariffs, in 2016, U.S. officials returned to the WTO asserting that China “had not done enough to comply” with the WTO ruling.  According to Reuters, the U.S. alleged that through China’s noncompliance, “U.S. poultry producers such as Tyson Foods Inc and Pilgrim’s Pride Corp had lost sales of over $1 billion.” Under the latest WTO ruling, unless an appeal is filed, China will have 20 days to lower its tariffs on U.S. broiler chicken products.

Pennsylvania Actions and Notices:
Department of Environmental Protection


AgLaw HotLinks:

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

Connect with us on Facebook to view our weekly CASL Ledger detailing Center publications and activities.

Listen to our weekly Agricultural Law Podcast.

Stay informed with our monthly Agricultural Law Brief newsletter.  


Visit The Ag & Food Law Blog for a comprehensive summary of daily judicial, legislative, and regulatory developments in agriculture and food.