Agricultural Law Weekly Review—May 12, 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:

FSMA: FDA Announces Public Meetings Regarding Import Safety Program

On May 9, 2016, the United States Food and Drug Administration (FDA) published notice in the
Federal Register of “three one-day public meetings in different regions throughout the United States to provide importers and other interested persons an opportunity to have an in-depth discussion on the implementation of the FDA Food Safety Modernization Act (FSMA) import safety programs (i.e., foreign supplier verification programs (FSVPs) for importers of food for humans and animals, accreditation of third-party certification bodies, and FDA's Voluntary Qualified Importer Program (VQIP))” (81 FR 28035).  The three regional outreach meetings are scheduled as follows: 1) the California region on June 7, 2016; 2) the New Jersey region on June 15, 2016; and 3) the Michigan region on June 21, 2016.

Herbicides: EPA Removes Report Stating Glyphosate Not Likely Carcinogenic

On May 2, 2016, Reuters reported that the United States Environmental Protection Agency (EPA) “pulled a report offline that concluded glyphosate is not likely to be carcinogenic to humans, saying the document was inadvertently published and the agency had not finished its review of the chemical, which is the key ingredient in Monsanto's herbicides.” According to the article, when contacted by Reuters, “EPA declined to comment on whether the report, or the 13 other documents that were also published and subsequently taken down…indicate whether the agency ultimately will conclude that glyphosate is not carcinogenic.”

Retail Food Facilities: PDA Publishes Licensure Exemptions

On May 7, 2016, the Pennsylvania Department of Agriculture (PDA) published notice in the Pennsylvania Bulletin regarding the licensure, inspection and safe operation of retail food facilities within the Commonwealth of Pennsylvania.  The published notice, which specifies certain types of retail food facilities exempt from PDA licensing requirements, became effective on May 7, 2016.

Labeling: FDA Announces Menu Labeling Guidance

On May 5, 2016, the United States Food and Drug Administration (FDA) published notice in the Federal Register that the agency announcing the availability “of a guidance for industry entitled ‘A Labeling Guide for Restaurants and Retail Establishments Selling Away-From-Home Foods—Part II (Menu Labeling Requirements in Accordance With FDA's Food Labeling Regulations)’” (81 FR 27067).  According to FDA, “[t]he guidance will help certain restaurants and similar retail food establishments comply with the menu labeling requirements, including the requirements to provide calorie and other nutrition information for standard menu items, including food on display and self-service food.” Significantly, the notice stated “enforcement of the Nutrition Labeling of Standard Menu Items in Restaurants and Similar Retail Food Establishments final rule will commence 1 year after the [May 5, 2016] date on which this document publishes in the Federal Register.” 

Legislation: Resolution on Modern Agricultural Technologies Moves to Agricultural and Rural Affairs Committee

On May 10, 2016, Pennsylvania House Resolution 872 “urging Federal and State regulatory agencies to utilize science-based, peer-reviewed data in evaluating crop protection chemistry and nutrients” was referred to House Agricultural and Rural Affairs committee.  According to the Resolution’s co-sponsorship memoranda, “a sustainable agricultural system in our nation is critical to the continued production of food, feed and fiber…[and] [t]he availability of modern agricultural technologies such as precision farming equipment, crop protection chemistries, genetically engineered or enhanced traits, and agricultural nutrients are critically important tools that allow farmers to expand yields, reduce environmental impacts, improve profitability, and provide a safe, healthy, abundant and affordable food supply.”

Legislation: Senate Votes to Amend Pennsylvania Breeding Funds

On May 11, 2016, the Pennsylvania Senate voted 49-0 to pass Senate Bill 1229 which is “[a]n Act amending the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929, in horse race industry reform, further providing for Pennsylvania Breeding Fund.” According to the co-sponsorship memoranda, the legislation is intended to “fix technical issues related to the distribution of Pennsylvania Breeding Funds.”

Legislation: Food Protection Bill Referred to House Agriculture and Rural Affairs Committee

On May 11, 2016, Pennsylvania House Bill 2067 was referred to the Pennsylvania House Agriculture and Rural Affairs committee.  The proposed legislation is “[a]n Act amending Title 3 (Agriculture) of the Pennsylvania Consolidated Statutes, in food protection, further providing for definitions and for license required.”