Tuesday, August 30, 2011

U.S. Department of Agriculture Warns of Fraudulent National Organic Program Certificate

The USDA is warning organic distributors of the circulation of a fraudulent organic certificate that artificially represents certain products as certified under the National Organic Program (NOP) regulations. Use of false documents to label, market, or sell non-organic agricultural products as certified organic is in violation of the Organic Foods Production Act of 1990 and subject to civil penalties of up to $11,000 per violation. The fraud was brought to the NOP's attention by the France-based USDA-accredited organic certifier who is falsely attributed as the certificate's issuer. Investigation produced no evidence that any product was sold under the fraudulent certificate in the United States.

See the fraudulent organic certificate here.
Read the USDA Press Release here.

Written/Posted by Tanya J. Cramoy, Research Assistant

Proposed Rule Regarding National Dairy Promotion Announced by the U.S. Department of Agriculture

Courtesy of Dreamstime.com
The U.S. Department of Agriculture announced a proposed rule in today's Federal Register that would amend the National Dairy Promotion and Research Order by reapportioning regions and modifying the number of members from the regions. Established under the Dairy Production Stabilization Act of 1983, the National Dairy Promotion and Research Board is charged with evaluating the geographic distribution of dairy production in the United States. Based on its findings, recommendation are made to the Secretary of Agriculture regarding modification of regions. The proposed rule would modify the number of board members from eight regions, although maintain 36 domestic board members overall, and reduce the total number of regions from 13 to 12. The public comment period will run until September 14, 2011.

Access the Proposed Rulemaking here.
Access the USDA Press Release here.

For more information regarding dairy regulation, please visit the Agricultural Law Center's Dairy Pricing and Regulation Resource Area.

Written/Posted by Tanya J. Cramoy, Research Assistant

Friday, August 26, 2011

Pennsylvania Game Commission Proposes Amendment to Chronic Wasting Disease Regulations

Photo courtesy of Dreamstime.com
The Game Commission's proposed rulemaking, published in the PA Bulletin Aug. 27, 2011, would amend § 137.34 of the Pennsylvania Code by updating the terminology and procedures relating to the Director's emergency authority in regards to Chronic Wasting Disease. These proposed amendments aim to create consistency with the Commonwealth's Interagency Chronic Wasting Disease Response Plan. Comments are being accepted through September 27, 2011.

Access the Proposed Rulemaking here.

Written/Posted by Tanya J. Cramoy, Research Assistant

Thursday, August 25, 2011

Pennsylvania Agricultural Preservation Board Approves Preservation of 1,425 Additional Acres of Farmland

On August 25, 2011, the Pennsylvania Agricultural Preservation Board met to approve the safeguarding of 1,425 acres of farmland, located on sixteen farms in seven counties, for future agricultural purposes. The farm preservation movement runs through the Department of Agriculture's Pennsylvania Agriculture Conservation Easement Program, established in 1988 to slow down the loss of prime farmlands throughout the state. Since its beginning, the program has enabled state, county and local governments to invest more than $1 billion in development rights (conservation easements) purchases from farmers, equating to the protection of 453,419 acres from development for non-agricultural uses.

Read the Pennsylvania Department of Agriculture's Press Release here.

For more information on Farm Transitioning, please visit the Agricultural Law Center's Farm Transitioning Resource Area.

Written/Posted by Tanya J. Cramoy, Research Assistant

Wednesday, August 17, 2011

Director of Agricultural Law Center Presents on Clean Water Act at Ag Progress Days

Photo Courtesy of Penn State Law
At Penn State's Ag Progress Days, Aug. 17, 2011, Ross H. Pifer, Director of the Agricultural Law Resource and Reference Center, presented The Clean Water Act and What it Means for Pennsylvania's Producers. The presentation gave attendees background on the Chesapeake Bay and its restoration; the general legal framework effecting the Bay; and current legal developments including the Clean Water Act, the Chesapeake Bay Program, and Chesapeake Bay Total Maximum Daily Loads.

The webinar recording and accompanying powerpoint presentation are now available online through the Penn State Cooperative Extension.

For further resource information regarding the Chesapeake Bay, please visit the Agricultural Law Center's Chesapeake Bay Resource Area.

Written/Posted by Tanya J. Cramoy, Research Assistant

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

Thursday, August 11, 2011

Federal Law Suit Filed Seeking to Uproot Genetically Engineered Crops from Southeastern National Wildlife Refuges

Photo courtesy of Dreamstime.com
On August 11, 2011, Public Employees for Environmental Responsibility (PEER), the Center for Food Safety (CFS), and Beyond Pesticides, filed suit (see complaint here) against the U.S. Fish & Wildlife Service (FWS) in the U.S. District Court for the District of Columbia. The plaintiffs are claiming that FWS unlawfully entered into cooperative farming agreements, approving cultivation of genetically engineered crops in eight states, without the environmental review necessary under the National Environmental Policy Act (NEPA) and in violation of FWS policy. The lawsuit is aimed at 25 specific refuges throughout eight states (list of states and refuges here). PEER and CFS already succeeded in challenging biotech plantings in Deleware in 2009 and 2010, forcing FWS to terminate all such plantings throughout the entire 12-state Northeast (view the settlement agreement here). Success in this current suit would enjoin planting of genetically engineered crops in the Southeast region until the rigorous requirements of NEPA are met. Read the PEER Press Release here.

Written/Posted by Tanya J. Cramoy, Research Assistant

Wednesday, August 3, 2011

National Organic Program Publishes Final Rule on Continuation of Substances Allowed in Organic Production and Handling

Photo Courtesy of Dreamstime.com
On August 3, 2011, The National Organic Standards Board, under sunset provisions of the Organic Foods Production Act of 1990, reviewed the National List of Allowed and Prohibited Substances in organic production and handling. The review is required to ensure sustainable agriculture practices, minimize harm to humans and the environment, and to determine how essential the substances are to organic production in light of biologically-based alternatives. The Board published a final rule, effective Sept. 12, 2011, continuing the use of certain synthetic and non-synthetic substances on organic agriculture including ferric phosphate, activated charcoal, egg white lysozome, and food-grade microorganisms. For the complete list, please see the National Organic Program; Sunset Review Final Rule.

Additionally, you may access the News Release from the USDA, Agricultural Marketing Service.

Written/Posted by Tanya J. Cramoy, Research Assistant