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:
Legal
Settlement: Syngenta Agrees to Pay $1.2 M. for Selling Misbranded Pesticides
On September 16, 2016, the United States
Environmental Protection Agency (EPA) issued a press release stating that the
agency has reached a settlement agreement with Syngenta Crop Protection, LLC
(Syngenta) for allegedly violating the Federal Insecticide, Fungicide, and
Rodenticide Act through the repackaging,
selling and distribution of unregistered and misbranded pesticides.
As a result of the settlement agreement, Syngenta will pay $766,508 in civil penalties
and spend $436,990 to implement an environmental compliance promotion Supplemental
Environmental Project.
FSMA:
PA Announces $6.3 M. to Implement Produce Safety Rule
On September 19, 2016, Pennsylvania Governor Tom
Wolf issued a press release announcing that the Commonwealth has received a
$6.3 million Federal grant to assistance Pennsylvania produce growers in meeting
requirements enacted under the Food and Drug Administration’s (FDA) Food Safety
Modernization Act (FSMA). According to the
press release, “The funding, spread across five years, gives the [Pennsylvania
Department of Agriculture] resources to implement a produce safety system,
develop and provide education and outreach, and to develop programs to address
the specific and unique needs of the growers in Pennsylvania’s farming
communities.”
GIPSA:
Amendment Regarding Electronic Transactions Clears House Ag Committee
On September 14, 2016, the United States House
Agriculture Committee passed H.R. 5883 which would amend the Packers &
Stockyards Act (GIPSA) “to expand the definition of ‘marketing agency’ to
include any person engaged in the business of buying or selling livestock in
commerce through online, video, or other electronic methods on a commission or
other fee basis when handling or providing a means to handle receivables or
proceeds from the sale of that livestock.” Additionally, according to the Bill
Summary, H.R. 5883 would also amend GIPSA “to specif[y] that funds for
purchasing livestock may be transferred to the account of the seller by
electronic funds transfer or any other expeditious method that the Department
of Agriculture determines to be appropriate.” Subsequently, on September 20,
2016, H.R. 5883 was placed on the Union Calendar, Calendar No. 601.
HPAI:
FSIS Issues Directive Regarding Poultry Slaughterhouse Inspection
On September 21, 2016, the United States Department
of Agriculture (USDA) Food Safety and Inspection Service released a directive regarding
how “inspection program personnel (IPP) at official poultry slaughter
establishments [are] to conduct enhanced inspection for domestic poultry in the
event of a Highly Pathogenic Avian Influenza (HPAI) outbreak or an agro
terrorism incident that involves HPAI viruses” (6020.1 Rev. 1). According to FSIS, the new directive updates FSIS
Directive 6020.1 regarding: (1) current notification procedures and enhanced
inspection documentation; and (2) instructions for IPP assigned to
establishments under the New Poultry Inspection System (NPIS).
FSMA:
FDA Announces Effective Date for Definition of Qualified Auditor for Two Final
Rules
On September 19, 2016, the United States Food and
Drug Administration (FDA) published notice in the Federal Register announcing
the effective date regarding the definition of a qualified auditor in the
following FDA Food Safety and Modernization Act final rules: (1) Current Good
Manufacturing Practice, Hazard Analysis, and Risk-Based Preventive Controls for
Human Food and Current Good Manufacturing Practice, Hazard Analysis; and (2) Risk-Based
Preventive Controls for Food for Animals; Definition of Qualified Auditor (81FR 64060). Accordingly, the definition
for each final rule became effective September 19, 2016.
Pesticides:
EPA's Announces Draft Human Health and Ecological Risk Assessments
On September 19, 2016, the United States Environmental
Protection Agency (EPA) published notice in the Federal Register announcing “the
availability of EPA's draft human health and ecological risk assessments for
the registration review of carfentrazone-ethyl, copper compounds, mineral
acids, spinosad, and spinetoram and opens a public comment period on these
documents” (81 FR 64149). According to
the published notice, “EPA's periodic review of pesticide registrations is
intended to ensure that each pesticide…can perform its intended function
without unreasonable adverse effects on human health or the environment.” The
comment period regarding the draft human health and ecological
risk assessments closes November 18, 2016.
Eggs:
Final Rule Regarding Voluntary Grading of Shell Eggs
On September 16, 2016, the United States Department
of Agriculture (USDA) Agricultural Marketing Service (AMS) published notice in
the Federal Register of a final rule “amend[ing] the Regulations Governing the
Voluntary Grading of Shell Eggs to clarify the definition of ‘condition’ and
revise the prerequisite requirement for shell eggs eligible for voluntary USDA
grading and certification” (81 FR 63675).
This final rule is effective September 16, 2016.
Animal
Welfare: USDA Extends Comment Period for Horse Protection Regulations
On September 16, 2016, the United States Department
of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) issued
a press release announcing that the agency is extending by 30 days the comment
period on the proposed rule that would amend APHIS’ Horse Protection Act (HPA)
regulations. As a result interested stakeholders
may now submit comments until October 26, 2016.
According to the press release, under the proposed rule APHIS would: (1)
assume responsibility for training, screening and licensing horse inspectors;
and (2) prohibit the use of all action devices, pads, and foreign substances at
horse shows, exhibitions, sales, and auctions.
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