Thursday, December 12, 2019

Agricultural Law Weekly Review —December 12, 2019

Written by:  
Brook Duer—Staff Attorney
Audry Thompson—Research Assistant


The Agricultural Law Weekly Review provides an update of recent agricultural law developments from the local, state, national, and international levels.  Subscribe to the ALWR at pennstateaglaw.com

Dairy Policy: PMMB Enters Order Mandating Cooperative Costs Recovery
On December 4, 2019, the Pennsylvania Milk Marketing Board (PMMB) entered an order, titled “Interim Order Regarding Cooperative Milk Procurement Costs Hearing,” (Interim Order) mandating that, from January 1, 2020, through December 31, 2020, milk dealers pay $.20 per hundredweight as part of the producer price paid to dairy cooperative members for milk produced, processed and sold in Pennsylvania as reimbursement for cooperative services such as field, laboratory and calibration services, producer payroll, sales invoicing, and dispatch and logistics.  The Interim Order resulted from a compromise agreement reached in PMMB legal proceedings, and is entered without prejudice to the positions of the parties, between the Pennsylvania Association of Dairy Cooperatives and the Pennsylvania Association of Milk Dealers.  The compromise was reached in order to determine if a scheduled July 2020 resumption, and December 2020 conclusion, of the legal proceedings can be avoided.  The justification for the payment is that a milk dealer bears the cost of those services if purchasing milk from an independent producer and recovers that cost in the Pennsylvania minimum wholesale price paid by retailers for packaged fluid milk.  However, a cooperative bears the expense for those services when a milk dealer purchases milk from a cooperative with no reimbursement, until now, in the Pennsylvania producer price paid by milk dealers.  

Farm Bill: USDA Extends Deadlines for Dairy Margin Coverage and Market Facilitation Program to December 20
On December 11, 2019, USDA announced that the deadline for dairy producers to enroll in the Dairy Margin Coverage (DMC) program has been extended from December 13, 2019, to December 20, 2019.  The 2018 Farm Bill authorized the DMC Program to provide payment to dairy producers when the margin between the all-milk price and the average feed cost falls below a certain dollar amount selected by the producer at enrollment.  USDA also announced that it would continue accepting applications from all eligible commodity producers for the Market Facilitation Program through December 20, despite the original closing date of December 6, 2019.  MFP is part of the 2018 and 2019 Trump Administration Trade Aid packages and provides payment to producers of certain commodities as compensation for decreased exports according to parameters developed by USDA.  The MFP application is filed at a producer’s local Farm Services Agency (FSA) office, as is a DMC Program enrollment.

Farm Bill: USDA Changes SNAP Benefit
On December 4, 2019, USDA announced it would publish in the Federal Register a Final Rule (84 FR 66782), finalizing a February 1, 2019, proposed regulation amendment (made primarily effective April 1, 2020) changing the conditions under which states may request and obtain a waiver of the maximum eligibility time for certain Supplemental Nutrition Assistance Program (SNAP) recipients.  “Three months in a three-year period” is the time limit for able-bodied adults between ages 18 and 49 without dependents (ABAWDs) to collect Supplemental Nutrition Assistance Program (SNAP) benefits without working or participating in work training for at least 20 hours a week.  Waivers of that time limit are available in areas having over 10% unemployment or in which there is a lack of sufficient jobs.  The amendments restrict the scope and number of waivers that can be granted, as compared to current practice, by redefining: (a) the determination of the area of a waiver; (b) whether there is a lack of sufficient jobs; (c) the calculation of the required unemployment rate; and also by limiting the practice of states carrying forward a balance of unused annual waiver requests from one federal fiscal year to the next.   

International Trade: USMCA Signed by United States, Mexico and Canada
On December 10, 2019, the Office of the United States Trade Representative announced that the United States, Mexico, and Canada reached an agreement to amend the United States-Mexico-Canada Agreement (USMCA), a renegotiation of the North American Free Trade Agreement (NAFTA) signed November 30, 2018. The text of the USMCA as signed on November 30, 2018, and an unsigned document dated December 10, 2019, titled “Protocol of Amendment,” are available on the website of the Office of the United States Trade Representative, along with a fact sheet titled “Agriculture: Dairy Outcomes of USMC Agreement.” A document identified as the document signed on December 10, 2019, has not yet been released in electronic format at this time. The official webpage for the USMCA can be found here.

International Trade: Japan Approves October Trade Agreement with United States
On December 4, 2019, the Office of the United States Trade Representative announced that Japan’s Diet (equivalent to its Parliament) approved an October 2019 trade agreement with the United States, expected to be put into effect January 1, 2020, which more widely opens Japanese markets to U.S. agricultural products.  For example, it reduces tariffs on U.S. beef in stages from a current 38.5% to 9% by 2033

From National Ag Law Experts: 
Brigit Rollins, Redefined: WOTUS Controversy Continues (December 5, 2019). 

Penn State Research:
Jamie Oberdick, Artificial Cells Act More Like the Real Thing (December 5, 2019).

Pennsylvania Department of Agriculture:

Pennsylvania Executive Agencies—Actions and Notices: 
Department of Environmental Protection 
49 Pa.B. 7249 “Availability of National Pollutant Discharge Elimination System General Permit for Discharges of Stormwater Associated with Construction Activities (PAG-02),” Notice (December 7, 2019). 
49 Pa.B. 7260 “Environmental Assessment Approval for PENNVEST Funding Consideration,” Notice (December 7, 2019). 
49 Pa.B. 7180 “The Clean Streams Law and the Federal Clean Water Act:
Applications for National Pollutant Discharge Elimination System (NPDES) Permits and Water Quality Management (WQM) Permits,” Notice—Applications (December 7, 2019). 

Pennsylvania Legislature
S.B. 973 “An Act authorizing senior citizens to claim a reduction of property taxes by 25% on certain real property; and providing for termination of the reduction,Referred to Finance (December 3, 2019). 
H.B. 2040 “An Act providing for the PA Second Chance Jobs website and for powers and duties of the Department of Labor and Industry,” Laid on the Table (December 9, 2019). 
H.B. 2114 “An Act amending the act of February 22, 1855 (P.L.46, No.50), entitled "An act to incorporate the Farmers' High School of Pennsylvania," further providing for management by board of trustees, for membership, name and power of board of trustees and for meeting, terms and successors of board of trustee,” Referred to Agriculture and Rural Affairs (December 9, 2019). 
H.B. 1223 “An Act providing for the creation of keystone opportunity dairy zones to facilitate the economic development of Pennsylvania's dairy industry; authorizing expenditures; providing tax exemptions, tax deductions, tax abatements and tax credits; creating additional obligations of the Commonwealth and local governmental units; and prescribing powers and duties of certain State and local departments, agencies and officials,” Removed from Table, House (December 10, 2019). 
H.B. 1224 “An Act amending the act of April 28, 1937 (P.L.417, No.105), known as the Milk Marketing Law, in purpose, short title and definitions, further providing for definitions and construction; in general powers of the board, providing for coordination with Department of Revenue; and, in prices of milk, further providing for cooperatives,” Removed from Table, House (December 10, 2019). 
H.B. 2119 “An Act amending the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, in sales and use tax, further providing for definitions; in personal income tax, further providing for imposition of tax; and providing for Universal Property Tax Rebate Program,” Referred to Finance (December 10, 2019). 

Federal Executive Agencies—Actions and Notices: 
Agriculture Department 
84 FR 67424 “Performance Review Board Membership,” Notice (December 10, 2019). 

Agricultural Marketing Service 
84 FR 67242 “Meeting of the National Organic Standards Board,” Proposed Rule—Comment Period (December 9, 2019). 
84 FR 66870 “Tobacco Inspection and Grading Services: Notice of Request for an Extension of a Currently Approved Information Collection,” Notice—Comment Period (December 6, 2019). 
84 FR 67423 “Notice of Request for Extension and Revision of a Currently Approved Information Collection for Pistachios Grown in California, Arizona, and New Mexico,” Notice—Comment Period (December 10, 2019). 

Animal and Plant Health Inspection Service
84 FR 66631 “National Poultry Improvement Plan and Auxiliary Provisions,” Proposed Rule—Comment Period (December 5, 2019). 

Energy Department
84 FR 67438 “Draft Environmental Assessment for the Commercial Disposal of Defense Waste Processing Facility Recycle Wastewater From the Savannah River Site,” Notice—Comment Period (December 10, 2019). 
84 FR 67435 “Final Determination Regarding Energy Efficiency Improvements in the 2018 International Energy Conservation Code (IECC),” Notice—Comment Period (December 10, 2019). 

Environmental Protection Agency
84 FR 66626 “Etoxazole; Pesticide Tolerances,” Rule—Comments Accepted (December 5, 2019). 
84 FR 66620 “Fenpyroximate; Pesticide Tolerances,” Rule—Comments Accepted (December 5, 2019). 
84 FR 66616 “Propamocarb; Pesticide Tolerances,” Rule—Comments Accepted (December 5, 2019). 

Farm Credit Administration
84 FR 66403 “Sunshine Act Meeting; Farm Credit Administration Board,” Notice (December 4, 2019). 

Farm Credit System Insurance Corporation
84 FR 66667 “Regular Meeting; Farm Credit System Insurance Corporation Board,” Notice (December 5, 2019). 

Federal Communications Commission
84 FR 67220 “Connect America Fund,” Rule (December 9, 2019). 

Fish and Wildlife Service 
84 FR 67060 “Endangered Species Status for Beardless Chinchweed With Designation of Critical Habitat, and Threatened Species Status for Bartram's Stonecrop With Section 4(d) Rule,” Proposed Rule—Comment Period (December 6, 2019).
84 FR 67292 “Proposed Upper Santa Ana River Habitat Conservation Plan and Draft Environmental Impact Statement; San Bernardino County, CA,” Notice—Comment Period (December 9, 2019). 

Food and Drug Administration
84 FR 66782 “Supplemental Nutrition Assistance Program: Requirements for Able-Bodied Adults Without Dependents,” Rule (December 5, 2019). 

Food and Nutrition Service
84 FR 67424 “Request for information: Self-Determination Demonstration Project for Tribes That Administer the Food Distribution Program on Indian Reservations,” Notice—Comment Period (December 10, 2019). 

Health Resources and Services Administration
84 FR 67275 “Data Collection Tool for State Offices of Rural Health Grant Program, OMB No. 0915-0322-Revision,” Notice—Comment Period (December 9, 2019). 

U.S. House Agriculture Committee Actions: 
H.R.5362 “To amend the Food, Agriculture, Conservation, and Trade Act of 1990 to authorize spittlebug research and extension grants, and for other purposes,” Referred to the House Committee on Agriculture  (December 9, 2019). 
H.R.5349 “To prevent the changing of regulations governing the provision of waivers under the supplemental nutrition assistance program, and for other purposes,” Referred to the House Committee on Agriculture (December 6, 2019). 
H.R.5311 “To amend the Cooperative Forestry Assistance Act of 1978 to renew the National Urban and Community Forestry Advisory Council and to amend the Act of October 14, 1980 to remove the limitation on the transfer of amounts available under the reforestation trust fund, and for other purposes,” Referred to the House Committee on Agriculture (December 5, 2019). 
H.Res.742 “Recognizing the continued success of the Food for Peace Act” Referred to the Committee on Foreign Affairs and the Committee on Agriculture (December 5, 2019). 
H.R.5040 “AIR Safety Act of 2019,” Referred to the Subcommittee on Conservation and Forestry (December 4, 2019). 
H.R.5064 “Animal Disease Surveillance and Detection Act of 2019,” Referred to the Subcommittee on Livestock and Foreign Agriculture (December 4, 2019). 
H.R.5077 “Resurveys Entitle Adjacent Landowners to Protection Act,” Referred to the Subcommittee on Conservation and Forestry (December 4, 2019). 
H.R.5091 “Wildfire Defense Act,” Referred to the Subcommittee on Conservation and Forestry (December 4, 2019). 
H.R.5100 “Drought Relief through Innovative Projects Act of 2019,” Referred to the Subcommittee on Biotechnology, Horticulture, and Research (December 4, 2019). 

U.S. Senate Agriculture, Nutrition, And Forestry Committee Actions: 
No new actions December 5-7, 2019. 
S.2933 “A bill to amend the Commodity Exchange Act to require a review of current exemptions granted to foreign entities in response to an attempt by a foreign authority to exercise direct supervisory authority over a domestic derivatives clearing organization, Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry (November 21, 2019). 

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Thursday, December 5, 2019

Agricultural Law Weekly Review —December 5, 2019


Written by:  
Brook Duer—Staff Attorney
Audry Thompson—Research Assistant
           
The following information is an update of recent local, state, national, and international legal developments relevant to agriculture. Subscribe to this weekly update at pennstateaglaw.com

Rural Landowner Rights:  Two Acts Revamp PA Trespassing and Sunday Hunting 
On November 27, 2019, Pennsylvania Governor Tom Wolf signed into law two bills that affect the property rights of rural, undeveloped and agricultural landowners. 
  • House Bill 1772, now known as Act 103 of 2019 is effective January 26, 2020, and allows for the use of vertical purple lines painted on trees or posts to provide notice against trespassing under the PA Crimes Code.  The purple paint lines must be within 100 feet from each other, at least eight inches long, one inch wide, must be placed between three and five feet off the ground and be readily visible to persons approaching the property.  This durable method of posting a property against trespassing has become popular in midwestern states in recent years. 
  • Senate Bill 147, now known as Act 107 of 2019 is effective February 25, 2020, and removes the previous prohibition on Sunday hunting by allowing hunting on three Sundays a year, one during deer rifle season, one during deer archery season and one more as determined by the Pennsylvania Game Commission.  The law also creates a new offense under the PA Game Code for Sunday hunting on private property without written permission and amends the PA Game Code “trespassing while hunting” provisions, including adding a misdemeanor offense for trespassing while hunting after personal communication not to enter, or to leave, private property.    

Industrial Hemp/Cannabis: Federal Reserve Issues Statement on Hemp Banking
On December 3, 2019, the Board of Governors of the Federal Reserve System, along with multiple other federal financial institution regulators and the Conference of State Bank Supervisors, issued a three-page “statement to provide clarity regarding the legal status of the commercial growth and production of hemp and relevant requirements for banks under the Bank Secrecy Act and its implementing regulations.”  
  • The statement reiterates the law applicable to hemp production in light of the 2018 Farm Bill-related changes, and then goes on to state, in relevant part, that “banks are not required to file a Suspicious Activity Report (SAR) on customers solely because they are engaged in the growth or cultivation of hemp in accordance with applicable laws and regulations.”  
  • Media accounts of the extreme reluctance of financial institutions to maintain accounts for hemp producers, i.e. “bank hemp,” due to SAR filing and other regulatory requirements have been consistent since the 2014 and 2018 Farm Bills.  
  • Other than addressing the specific SAR requirement, the statement generally reiterates that bank customers are responsible for complying with all applicable laws and “[i]t is generally a bank’s business decision” if deciding to serve hemp-related businesses.
  • Banks are directed to contact USDA or state departments of agriculture for questions on the legality of a customer’s hemp production.   
  • The statement is silent on the subject of providing financial services to those engaged in the manufacturing or sale of CBD or CBD-containing substances that may be subject to laws under FDA jurisdiction.  
  • The statement will not be published in the Federal Register or any other official regulatory document repository. 
  • The statement does state that the Financial Crimes Enforcement Network (FinCEN) “will issue additional guidance after further reviewing and evaluating” the USDA Interim Final Rule on Hemp Production published on October 31, 2019.

Ag-Gag Statutes: Federal Court Enjoins Iowa From Enforcing Ag Trespassing Law  
On December 3, 2019, Senior Judge James E. Gritzner of the U.S. District Court for the Southern District of Iowa granted a preliminary injunction prohibiting the state of Iowa from enforcing a law signed by Iowa Governor Kim Reynolds on March 14, 2019 creating the misdemeanor criminal offense of agricultural production facility trespass. Animal Legal Defense Fund, et al. v. Kimberly Reynolds, et al, No. 4:19-cv-00124.  The law at issue created a trespass offense for using deception to gain access to or employment at a farm with intent to cause physical or economic harm.  The lawsuit was filed April 22, 2019, alleging the law violated the U.S. Constitution’s First and Fourteenth Amendments.  The injunction prohibits Iowa from enforcing the law throughout the pendency of the litigation.  No trial date has yet been set in the case.  The so-called “ag-gag” statute enjoined was enacted in Iowa this year after a 2012 Iowa law creating a similar misdemeanor criminal offense of agricultural production facility fraud was declared unconstitutional for similar reasons on January 9, 2019. Read our February 28, 2019, Agricultural Law Weekly Review entry about that case here. 

Animal Welfare: President signs bill creating new federal animal cruelty offense
On November 25, 2019, President Trump signed into law H.R.724, now known as Public Law No. 116-72.  Premised upon Constitutional authority under the Commerce Clause, the law establishes a new federal criminal offense for various acts of animal cruelty.  For more information on the legislative process and background of the bill, see “Federal Animal Cruelty Bill Heads to President” in the November 14, 2019 Agricultural Law Weekly Review. 

From National Ag Law Experts: 

Penn State Research:

Pennsylvania Department of Agriculture:

Pennsylvania Executive Agencies—Actions and Notices: 
Department of Agriculture
49 Pa.B. 7091 Action of Controlled Plant and Noxious Weed Committee; Addition of Noxious Weeds to Controlled Plants and Noxious Weed List, Notice (November 30, 2019). 
49 Pa.B. 7091 Farm-to-School Grant Program; 2019-2020 Program Guidelines, Notice (November 30, 2019). 

Environmental Hearing Board
49 Pa.B. 7148 Special Meeting [December 4, 2019], Notice (November 30, 2019). 

State Conservation Commission
49 Pa.B. 7152 Action on Odor Management Plans for Concentrated Animal Operations and Concentrated Animal Feeding Operations and Volunteers Complying with the Commonwealth's Facility Odor Management Program, Notice (November 30, 2019). 

Pennsylvania Legislature
S.B. 314 “Addressing Pennsylvania's Rural Hospital Crisis:” An Act establishing the Pennsylvania Rural Health Redesign Center Authority and the Pennsylvania Rural Health Redesign Center Fund, Approved by Governor—Act No. 108 (November 27, 2019). 
S.B. 147 “Removing Sunday Hunting Prohibition/Game Commission Trespass Enforcement:” An Act amending Title 34 (Game) of the Pennsylvania Consolidated Statutes, in Pennsylvania Game Commission, further providing for accountability; and, in hunting and furtaking, further providing for hunting on Sunday prohibited and for trespass on private property while hunting and providing for hunting on Sunday without written permission, Approved by Governor—Act. No. 107 (November 27, 2019).
H.B. 915 “Milk Hauling Legislation:” An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, in size, weight and load, further providing for permit for movement during course of manufacture; and, in powers of department and local authorities, further providing for power of Governor during emergency, In the House (November 27, 2019). 
S.B. 973 “Reduction of Property Taxes for Seniors:” An Act authorizing senior citizens to claim a reduction of property taxes by 25% on certain real property; and providing for termination of the reduction, Referred to Finance (December 3, 2019). 
H.B. 2093 “Agritourism for Farmers—‘Save Tabora Farm:’” An Act restricting local government from certain regulation of agritourism, Referred to Local Government (December 2, 2019). 
H.B. 2091 “Chlorpyrifos Ban:” An Act amending the act of March 1, 1974 (P.L.90, No.24), known as the Pennsylvania Pesticide Control Act of 1973, providing for prohibited pesticides, Referred to Agriculture and Rural Affairs (December 2, 2019)
H.B. 1863 “Improving employee voices in the workplace:” An Act amending Title 15 (Corporations and Unincorporated Associations) of the Pennsylvania Consolidated Statutes, in general provisions, providing for eligibility for receipt of State resources, Referred to Labor and Industry (December 2, 2019). 
H.B. 1864 “Valuing employers who value Pennsylvanian workers:” An Act amending Title 15 (Corporations and Unincorporated Associations) of the Pennsylvania Consolidated Statutes, in general provisions, providing for eligibility for receipt of State resources, Referred to Labor and Industry (December 2, 2019). 
H.B. 1865 “UC Eligibility for Striking Workers:” An Act amending the act of December 5, 1936 (2nd Sp.Sess., 1937 P.L.2897, No.1), known as the Unemployment Compensation Law, in compensation, further providing for qualifications required to secure compensation and for ineligibility for compensation, Referred to Labor and Industry (December 2, 2019). 
H.B. 1866 “Farm Laborers Collective Bargaining Act:” An Act providing for the right to organize and for collective bargaining rights for farm laborers, Referred to Labor and Industry (December 2, 2019).

Federal Executive Agencies—Actions and Notices:
Agricultural Marketing Service 
84 FR 65929 Peanut Promotion, Research, and Information Order; Amendment to Primary Peanut-Producing States and Adjustment of Membership, Proposed Rule—Comment Period (December 2, 2019). 

Animal and Plant Health Inspection Service
84 FR 66146 Notice of Request for Revision to and Extension of Approval of an Information Collection; Scrapie in Sheep and Goats; Interstate Movement Restrictions and Indemnity Program, Notice—Comment Period (December 3, 2019).
84 FR 66148 Notice of Request for Revision to and Extension of Approval of an Information Collection; Phytosanitary Export Certification, Notice—Comment Period (December 3, 2019). 

Federal Crop Insurance Corporation 
84 FR 65627 Common Crop Insurance Regulations; Sugar Beet Crop Insurance Provisions, Rule—Comment Period (November 29, 2019). 

Federal Emergency Management Agency
84 FR 65924 Suspension of Community Eligibility, Rule (December 2, 2019). 
84 FR 65993 Alaska; Amendment No. 1 to Notice of a Major Disaster Declaration, Notice (December 2, 2019).
84 FR 65994 Illinois; Amendment No. 2 to Notice of a Major Disaster Declaration, Notice (December 2, 2019).
84 FR 65993 Oregon; Amendment No. 1 to Notice of a Major Disaster Declaration, Notice (December 2, 2019).
84 FR 65994 Oregon; Amendment No. 1 to Notice of a Major Disaster Declaration, Notice (December 2, 2019).
84 FR 65993 South Dakota; Amendment No. 1 to Notice of a Major Disaster Declaration, Notice (December 2, 2019).

Fish and Wildlife Service 
84 FR 65997 Marine Mammal Marking, Tagging, and Reporting Certificates, and Registration of Certain Dead Marine Mammal Hard Parts, Notice—Comment Period (December 2, 2019). 

Food and Drug Administration
84 FR 65717 Alzchem Trostberg GmbH; Filing of Food Additive Petition (Animal Use), Proposed Rule (November 29, 2019). 
84 FR 65716 Zinpro Corp.; Filing of Food Additive Petition (Animal Use), Proposed Rule—Comment Period (November 29, 2019).
84 FR 65820 Procedures for the Safe and Sanitary Processing and Importing of Fish and Fishery Products, Notice—Comment Period (November 29, 2019). 

Food and Nutrition Service
84 FR 65777 Assessment of the Collection, Analysis, Validation, and Reporting of Supplemental Nutrition Assistance Program (SNAP) Employment and Training (E&T) Data, Notice—Comment Period (November 29, 2019). 
84 FR 65965 Proposed Collection; Comment Request-Supplemental Nutrition Assistance Program (SNAP): Operating Guidelines, Forms and Waivers, Notice—Comment Period (December 2, 2019). 

Forest Service 
84 FR 65967 Youth Conservation Corps Application and Medical History, Notice—Comment Period (December 2, 2019). 

Internal Revenue Service 
84 FR 65675 Application of Section 108(i) to Partnerships and S Corporations; Correcting Amendment, Rule (November 29, 2019). 

National Agricultural Statistics Service
84 FR 65779 Notice of Intent To Request Revision and Extension of a Currently Approved Information Collection, Notice—Comment Period (November 29, 2019). 

National Credit Union Administration
84 FR 65707 Real Estate Appraisals, Proposed Rule—Comment Period (November 29, 2019). 

Wage and Hour Division 
84 FR 66024 Information Collection: Employment Information Form, Notice (December 2, 2019). 
84 FR 66024 Information Collection: Records to be Kept by Employers-Fair Labor Standards Act, Notice (December 2, 2019). 

U.S. House Agriculture Committee Actions: 
No new actions November 27-December 3, 2019. 
H.R.5266 To provide for the enhancement of urban agriculture, and for other purposes, Referred to Committees (November 26, 2019). 
H.R.5217 To provide for western water security, reliability, modernization, and abundance, and for other purposes, Referred to the Subcommittee on Water Resources and Environment (November 22, 2019). 
H.R.5218 To direct the Secretary concerned to coordinate with impacted parties when conducting a forest management activity, and for other purposes, Referred to Committees (November 21, 2019). 
H.R.5235 To amend the Food and Nutrition Act of 2008 to require States to include a photograph on electronic benefit cards issued to provide supplemental nutrition assistance program benefits, Referred to the House Committee on Agriculture (November 21, 2019). 
H.R.5174 To amend the Immigration and Nationality Act to provide for a State-sponsored nonimmigrant pilot program, and for other purposes, Referred to Committees (November 19, 2019). 
H.R.5179 To require the Secretary of the Interior to establish Tribal Wildlife Corridors, and for other purposes, Referred to Committees (November 19, 2019). 

U.S. Senate Agriculture, Nutrition, And Forestry Committee Actions: 
No new actions November 27-December 3, 2019. 
S.2933 A bill to amend the Commodity Exchange Act to require a review of current exemptions granted to foreign entities in response to an attempt by a foreign authority to exercise direct supervisory authority over a domestic derivatives clearing organization, Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry (November 21, 2019). 

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

Connect with us on FacebookEvery week we post the CASL Ledger detailing all of our publications and activities from the week. 

Want to get updates, but prefer to listen?  Check out the Agricultural Law PodcastSubscribe at our Libsyn page, iTunes, Spotify, or Stitcher.

Review last month’s biggest legal developments in agriculture in the November 2019 Agricultural Law BriefIf you’d like to receive this monthly update via email, check out our website and subscribe.

Sunday, December 1, 2019

Agricultural Law Weekly Review —November 28, 2019

Written by:  
Brook Duer—Staff Attorney
Audry Thompson—Research Assistant
           
The following information is an update of recent local, state, national, and international legal developments relevant to agriculture, which can be found weekly and subscribed to at following web address:  http://www.pennstateaglaw.com

Agricultural Labor: House Judiciary Committee Acts on Farm Workforce Modernization Bill 
On November 20, 2019, the United States House of Representatives’ Judiciary Committee passed out of committee H.R. 5038, titled “Farm Workforce Modernization Act,” by a vote of 18-12.  The passage out of the Judiciary committee is a first step for the bill which was introduced on November 12, 2019, with 25 Democratic and 23 Republican co-sponsors. It remains under consideration in three other House committees.  The bill is the first farm workforce bill to be advanced out of any committee in 2019 and may become a focus of farm workforce efforts in the months to come. It contains provisions for E-verify across the entire agricultural sector, H-2A Temporary Worker Program reform, a pathway to legalization for current unauthorized agricultural workers and an earned residence status for long-term workers. 

Industrial Hemp / Cannabis: Idaho Governor Signs Executive Order, Agencies Issue Rules on Interstate Hemp Transportation 
On November 21, 2019, Idaho Governor Brad Little issued Executive Order 2019-13 allowing the transport of hemp through the state, despite Idaho law declaring cannabis with any THC content illegal.  Idaho also has not authorized in-state industrial hemp production pursuant to either the 2014 or 2018 Farm Bills.  In light of the 2018 Farm Bill provisions prohibiting states from interfering with the transportation of legally-produced hemp through any state, Governor Little said the executive order is needed to temporarily resolve the conflict until state legislators find a permanent solution.  In January, Idaho authorities arrested a truck driver passing through Idaho and seized nearly 7,000 pounds of industrial hemp produced legally in another state.  As a result of the Executive Order, on November 26, 2019, the Idaho Department of Agriculture published a temporary regulation, titled “Rules Governing the Labeling of Hemp Receptacles,” the Director of the Idaho State Police published a temporary regulation titled “Rules Governing Hemp Transportation,” and the Idaho Transportation Department published accompanying driver verfication, shipper verification, and bill of lading forms for use in transporting hemp through Idaho. 

Biofuels: New York Approves E15 for Consumer Sale 
On November 20, 2019, the New York Department of Agriculture and Markets published a Notice of Adoption (Vol. XLI, No. 47, I.D. No. AAM-30-19-00004-A) in the New York State Register, effective upon publication, of its July 2019 proposed rule regarding gasoline-ethanol blends.  Presently, New York only permits the sale of gasoline-ethanol blends of not more than 10% ethanol, by volume.  The new rule, among other things, allows for the sale of two new blend amounts: (a) 15% or less ethanol, and (b) 51% or more ethanol, by volume.  However, to avoid causing “undue marketplace disruptions” and for acclimation to the introduction of E15, the rule does not allow at this time for the sale of “mid-level” blends between 15% and 51% ethanol, by volume.  The rule will also create standards for other types of fuels that do not have them, including ethanol flex fuels, butanol, butanol blends, biodiesel, and biodiesel blends.  New York’s regulatory promulgation process does not entail publishing the exact text but directs requests to Mike.Sikula@agriculture.ny.gov.

Animal Welfare: Michigan Lt. Gov Signs Bill Setting 2025 Effective Date For “Cage Free Egg” Law  
On November 21, 2019, Michigan Lieutenant Governor Garlin Gilchrist, acting in place of Governor Gretchen Whitmer, signed into law a bill, now known as Act 132 of 2019,  establishing 2025 as the effective date of Michigan’s so-called “cage-free egg” law. This represents the culmination of a long legislative process summarized in last week’s November 21, 2019, Agricultural Law Weekly Review

International Trade: U.S. Announces South Korean Rice Export Market Access Agreement 
On November 19, 2019, USDA and United States Trade Representative Robert Lighthizer announced an agreement with the government of South Korea to provide market access for 132,304 tons of U.S. rice annually (approximately $110 million annually) with an effective date of January 1, 2020.

International Trade: USDA Clarifies Required Beef/Pork Export Reporting
On November 25, 2019, USDA amended its Export Sales Reporting regulations under the Agricultural Trade Act of 1978 by a final rule without notice or comment effective immediately which added a lengthy clarification of the definition of “muscle cuts” of beef and pork for the purposes of legally required weekly export reporting to USDA’s Foreign Agricultural Service.  


From National Ag Law Experts: 
Tiffany Dowell, Enhanced Life Estate Deeds (aka Lady Bird Deeds) (November 22, 2019). 

Penn State Research:
Jeff Mulhollem, Forest farms could create market for ginseng, other herbs (November 25, 2019).

Pennsylvania Department of Agriculture:

Pennsylvania Executive Agencies—Actions and Notices: 
Department of Agriculture
49 Pa.B. 7091 Action of Controlled Plant and Noxious Weed Committee; Addition of Noxious Weeds to Controlled Plants and Noxious Weed List, Notice (November 30, 2019). 
49 Pa.B. 7091 Farm-to-School Grant Program; 2019-2020 Program Guidelines, Notice (November 30, 2019). 

Environmental Hearing Board
49 Pa.B. 7148 Special Meeting [December 4, 2019], Notice (November 30, 2019). 

Pennsylvania Fish and Boat Commission 
49 Pa.B. 7057 Special Regulation Designations, Notice (November 23, 2019). 
49 Pa.B. 7048 Additions to List of Class A Wild Trout Waters, Notice (November 23, 2019). 
49 Pa.B. 7050 Classification of Wild Trout Streams; Additions; October 2019, Notice (November 23, 2019)
49 Pa.B. 7050 Classification of Wild Trout Streams; Proposed Additions and Revisions; January 2020, Notice (November 23, 2019). 
49 Pa.B. 7052 Proposed Changes to List of Class A Wild Trout Waters; January 2020, Notice (November 23, 2019).

State Conservation Commission
49 Pa.B. 7152 Action on Odor Management Plans for Concentrated Animal Operations and Concentrated Animal Feeding Operations and Volunteers Complying with the Commonwealth's Facility Odor Management Program, Notice (November 30, 2019). 

Pennsylvania Legislature
S.B. 314 An Act establishing the Pennsylvania Rural Health Redesign Center Authority and the Pennsylvania Rural Health Redesign Center Fund, Presented to Governor (November 22, 2019).
S.B. 798 An Act amending the act of December 7, 1982 (P.L.784, No.225), known as the Dog Law, in short title and definitions, further providing for definitions; in dangerous dogs, further providing for court proceedings, certificate of registration and disposition and for requirements; and making an editorial change, Re-referred to Appropriations (November 21, 2019).
S.B. 377 An Act amending Title 34 (Game) of the Pennsylvania Consolidated Statutes, in enforcement, further providing for jurisdiction and penalties; and, in game or wildlife protection, further providing for the offense of unlawful taking and possession of protected birds and for endangered or threatened species, First consideration (November 20, 2019). 
H.B. 102 An Act amending Title 34 (Game) of the Pennsylvania Consolidated Statutes, in hunting and furtaking licenses, further providing for eligibility for license, First consideration (November 20, 2019). 
H.B. 617 An Act amending Title 34 (Game) of the Pennsylvania Consolidated Statutes, in hunting and furtaking licenses, providing for a volunteer instructor license, First consideration (November 20, 2019). 
H.R. 605 A Resolution designating the week of February 22 through 29, 2020, as "FFA Week" in Pennsylvania, Reported as committed (November 20, 2019). 
H.B. 881 An Act amending the act of June 18, 1982 (P.L.549, No.159), entitled "An act providing for the administration of certain Commonwealth farmland within the Department of Agriculture," further providing for agricultural land conservation assistance grant program, Removed from table (November 19, 2019). 
H.B. 1234 An Act amending the act of June 2, 1915 (P.L.736, No.338), known as the Workers' Compensation Act, in liability and compensation, further providing for the definitions of "injury," "personal injury" and "injury arising in the course of his employment," providing for diseases with long latency periods between occupational exposure and manifestation of the disease and further providing for liability, Re-reported as committed (November 19, 2019). 
H.B. 1584 An Act amending Title 30 (Fish) of the Pennsylvania Consolidated Statutes, in Pennsylvania Fish and Boat Commission, repealing provisions relating to waterways patrolmen and employees, Laid on table (November 19, 2019). 

Federal Executive Agencies—Actions and Notices:
Agriculture Department 
84 FR 64703 Export Sales Reporting Program Rule (November 25, 2019).

Agricultural Marketing Service 
84 FR 64028 Pecans Grown in the States of Alabama, Arkansas, Arizona, California, Florida, Georgia, Kansas, Louisiana, Missouri, Mississippi, North Carolina, New Mexico, Oklahoma, South Carolina, and Texas; Reporting Requirements,  Proposed Rule—Comment Period (November 20, 2019). 

Animal and Plant Health Inspection Service
84 FR 64821 International Sanitary and Phytosanitary Standard-Setting Activities, Notice (November 25, 2019). 
84 FR 64825 Plants for Planting Whose Importation Is Not Authorized Pending Pest Risk Analysis; Notice of Availability of Data Sheets for Taxa of Plants for Planting That are Quarantine Pests or Hosts of Quarantine Pests, Notice—Comment Period (November 26, 2019). 
84 FR 64414 Swine Health Protection Act; Amendments to Garbage Feeding Regulations, Rule (November 22, 2019)

Economic Development Administration
84 FR 64829 Notice of Petitions by Firms for Determination of Eligibility To Apply for Trade Adjustment Assistance, Notice (November 25, 2019). 

Employment and Training Administration 
84 FR 65189 Comment Request; Form ETA-232, Domestic Agricultural In-Season Wage Report, and Form-232A, Wage Survey Interview Record Notice—Comment Period (November 26, 2019). 

Environmental Protection Agency
84 FR 65152 Submission to OMB for Review and Approval; Comment Request; Pesticide Establishment Application, Notification of Registration, and Pesticide Production Reports for Pesticide-Producing and Device-Producing Establishments (Renewal), Notice—Comment Period (November 26, 2019).
84 FR 64772 Clothianidin; Pesticide Tolerances, Rule—Comments Accepted (November 25, 2019). 
84 FR 64777 Cyflumetofen; Pesticide Tolerances, Rule—Comments Accepted (November 25, 2019). 

Federal Crop Insurance Corporation 
84 FR 64413 Common Crop Insurance Policy Basic Provisions, Rule (November 22, 2019). 
84 FR 64411 Common Crop Insurance Regulations; Rice Crop Insurance Provisions, Rule—Comments Accepted (November 22, 2019). 

Federal Emergency Management Agency
84 FR 64328 Changes in Flood Hazard Determinations, Notice (November 21, 2019). 
84 FR 64331 Proposed Flood Hazard Determinations, Notice—Comment Period (November 21, 2019).
84 FR 64326 Proposed Flood Hazard Determinations, Notice—Comment Period (November 21, 2019).

Fish and Wildlife Service 
84 FR 65080 Endangered and Threatened Wildlife and Plants; Reclassification of the Endangered June Sucker to Threatened With a Section 4(d) Rule, Proposed Rule—Comment Period (November 26, 2019). 
84 FR 65098 Endangered and Threatened Wildlife and Plants; Removal of the Nashville Crayfish From the Federal List of Endangered and Threatened Wildlife, Proposed Rule—Comment Period (November 26, 2019). 
84 FR 65067 Endangered and Threatened Wildlife and Plants; Removing Bradshaw's Lomatium (Bradshaw's lomatium) From the Federal List of Endangered and Threatened Plants, Proposed Rule—Comment Period (November 26, 2019). 
84 FR 64554 Submission to the Office of Management and Budget for Review and Approval; Electronic Federal Duck Stamp Program, Notice—Comment Period (November 22, 2019). 
84 FR 64210 Endangered and Threatened Wildlife and Plants; Threatened Species Status for Meltwater Lednian Stonefly and Western Glacier Stonefly With a Section 4(d) Rule, Rule (November 21, 2019). 
84 FR 64099 Foreign Endangered Species; Wild Bird Conservation Act; Receipt of Permit Applications, Notice—Comment Period (November 20, 2019). 

Food and Drug Administration
84 FR 64528 Preparing a Claim of Categorical Exclusion or an Environmental Assessment for Submission to the Center for Food Safety and Applied Nutrition, Notice—Comment Period (November 22, 2019). 
84 FR 64089 A New Era of Smarter Food Safety; Extension of Comment Period, Notice—Comment Period (November 20, 2019). 
84 FR 64085 Compounding Animal Drugs From Bulk Drug Substances; Draft Guidance for Industry; Availability, Notice—Comment Period (November 20, 2019). 
84 FR 64080 List of Bulk Drug Substances for Compounding Office Stock Drugs for Use in Nonfood-Producing Animals or Antidotes for Food-Producing Animals; Request for Nominations, Notice (November 20, 2019).

Foreign Agricultural Service 
84 FR 64971 McGovern-Dole International Food for Education and Child Nutrition Program, Rule—Comment Period (November 26, 2019). 

Forest Service 
84 FR 64453 Notice of Intent To Grant Exclusive License, Notice—Comment Period (November 22, 2019). 

Labor Department
84 FR 64344 National Agricultural Workers Survey, Notice—Comment Period (November 21, 2019). 

Rural Housing Service 
84 FR 64788 Single Family Housing Direct Loan and Grant Programs, Proposed Rule—Comment Period (November 25, 2019). 

U.S. House Agriculture Committee Actions: 
H.R.5266 To provide for the enhancement of urban agriculture, and for other purposes, Referred to Committees (November 26, 2019). 
H.R.5217 To provide for western water security, reliability, modernization, and abundance, and for other purposes, Referred to the Subcommittee on Water Resources and Environment (November 22, 2019). 
H.R.5218 To direct the Secretary concerned to coordinate with impacted parties when conducting a forest management activity, and for other purposes, Referred to Committees (November 21, 2019). 
H.R.5235 To amend the Food and Nutrition Act of 2008 to require States to include a photograph on electronic benefit cards issued to provide supplemental nutrition assistance program benefits, Referred to the House Committee on Agriculture (November 21, 2019). 
H.R.5174 To amend the Immigration and Nationality Act to provide for a State-sponsored nonimmigrant pilot program, and for other purposes, Referred to Committees (November 19, 2019). 
H.R.5179 To require the Secretary of the Interior to establish Tribal Wildlife Corridors, and for other purposes, Referred to Committees (November 19, 2019). 

U.S. Senate Agriculture, Nutrition, And Forestry Committee Actions: 
S.2933 A bill to amend the Commodity Exchange Act to require a review of current exemptions granted to foreign entities in response to an attempt by a foreign authority to exercise direct supervisory authority over a domestic derivatives clearing organization, Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry (November 21, 2019). 

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