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:
Animal
Welfare: USDA Announces Intent to Hold Livestock Owners, Transporters, and
Haulers Responsible for Inhumane Handling
On October 26, 2016, the United States Department of
Agriculture (USDA) Food Safety and Inspection Service (FSIS) published notice
in the Federal Register of a final determination and opportunity to comment
regarding the agency’s “intent to hold livestock owners, transporters, haulers
and other persons not employed by an official establishment responsible if they
commit acts involving inhumane handling of livestock in connection with
slaughter when on the premises of an official establishment” (81 FR74280). According to the notice, the
comment period closes November 25, 2016 and “FSIS will implement the actions
discussed in this document on January 24, 2017, unless FSIS receives comments
that demonstrate a need to revise this date.”
GMO
Labeling: USDA Seeks Proposals to Study Electronic or Digital Link Disclosure
On October 19, 2016, the United States Department of
Agriculture (USDA) Agricultural Marketing Service (AMS) issued a press release requesting
the submission of “proposals to conduct a Study on the Electronic or Digital
Link Disclosure.” According to USDA, “[t]he
study is required by the National Bioengineered Food Disclosure Standard (Pub.
L. 114-216) to identify potential technological challenges that may impact
whether consumers would have access to a bioengineered food disclosure on food
packages through electronic or digital methods.”
Animal
Welfare: U.N. Committee Approves New Animal Health and Welfare Policy
On October 21, 2016, the United Nations Committee of
World Food Security approved new policy recommendations regarding animal health
and welfare (CFS 2016/43/2/Rev.1). The
recommendations include: (1) providing access to veterinary services and
medication; (2) improved biosafety and biosecurity; (3) prudent use and phase-out
of antibiotics; and (4) promoting good feed.
Additionally, the policy calls for the improved delivery of the World
Organization for Animal Health’s Five Freedoms which include: (1) freedom from
hunger, thirst and malnutrition; (2) freedom from fear and distress; (3) freedom
from physical and thermal discomfort; (4) freedom from pain, injury or disease;
and (5) freedom to express normal patterns of behavior.
Biofuels:
New York Mayor Signs Law Increasing Percentage of Biodiesel in Heating Oil
On October 18, 2016, New York City Mayor Bill de
Blasio issued a press release announcing that he had signed into law legislation
designed to increase the ratio of biodiesel in heating oil sold in the
City. According to the new law, New York
City now “requires heating oil sold or
used in the City to contain: 5% biodiesel, by volume, starting October 1, 2017;
10%, starting October 1, 2025; 15%, starting October 1, 2030; [and] 20%,
starting October 1, 2034” (2016/119).
Dog
Breeding: PDA Announces Intent to Rescind Commercial Kennel Canine Health
Regulation
On October 22, 2016, the Pennsylvania Department of
Agriculture (PDA) published notice in the Pennsylvania Bulletin of the department’s
intention to rescind Commercial Kennel Canine Health Regulation § 28a.8(5)
relating to flooring (46 Pa.B. 6646). According
to PDA, § 28a.8(5) currently states: “Nursing mothers. Primary
enclosures, including whelping boxes, housing bitches with nursing litters or
housing dams or foster dams with puppies under 12 weeks of age must be
constructed so that at least 50% of the flooring of the primary enclosure
complies with the standards established under section 207(i)(3) of the act.” The
notice stated that the “Commonwealth Court recently determined that § 28a.8(5)
directly contradicts express statutory provisions of the [Pennsylvania Dog Law (3
P.S. §§ 459-101—459-1205)] and violates the legislative intent.” PDA stated that “[t]his determination was
made on September 9, 2016, in BarbaraKeith et al. v. Commonwealth of Pennsylvania, Department of Agriculture
(394 M.D. 2014).”
Farmland
Preservation: PDA Announces Availability of Federal Funds to Protect Commonwealth’s
Farms
On October 21, 2016, the Pennsylvania Department of
Agriculture (PDA) issued a press release announcing that “[a]n agreement
between the federal Agricultural Conservation Easement Program (ACEP) and
Pennsylvania’s nation-leading farmland preservation program will again give the
state access to millions of federal dollars to help preserve the state’s best
and most threatened farmland.” According to PDA, “Pennsylvania has been without
a cooperative agreement with the United States Department of Agriculture’s
(USDA’s) Natural Resources Conservation Service (NRCS) since 2014 when the last
Farm Bill became law, changing the terms of the federal program.”
Loans:
USDA Announces Streamlined Loans for Small Operators
On October 20, 2016, the United States Department of
Agriculture (USDA) issued a press release announcing that the agency was making
available “a streamlined version of USDA guaranteed loans, which are tailored
for smaller scale farms and urban producers.”
According to USDA, “[t]he program, called EZ Guarantee Loans, uses a simplified
application process to help beginning, small, underserved and family farmers
and ranchers apply for loans of up to $100,000 from USDA-approved lenders to
purchase farmland or finance agricultural operations.”
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