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:
Clean
and Green: Commonwealth Court Rules Tax Sale is not a Split-off
On November 7,
2016, the Commonwealth Court of Pennsylvania determined that a landowner’s
failure to pay property taxes, which resulted in a tax-upset sale, was not a
“split-off” under the Pennsylvania Clean and Green program and did not trigger
the roll-back tax penalty (A. Maula v. Northampton County of Assessment and County of Northampton - 1341 C.D. 2015).
For a more details, please see previous Center article.
Animal
Welfare: Massachusetts Voters Approve Animal Containment Law
On November 8,
2016, Massachusetts voters approved an animal welfare ballot initiative entitled:
The Massachusetts Minimum Size Requirements for Farm Animal Containment.
Also known as Question 3, the new law prohibits “breeding pigs, calves
raised for veal, and egg-laying hens from being held in confined spaces…[and]
applie[s] to business owners who knowingly sell pork, veal, or eggs from
animals held in this way, even if the source is outside of Massachusetts.”
FSMA:
FDA Releases Draft Guidance for Food Facility Registration
On November 7,
2016, the United States Food & Drug Administration (FDA) released a guidance
document entitled: Draft Guidance forIndustry: Questions and Answers Regarding Food Facility Registration (Seventh Edition). Jointly prepared by the
Office of Compliance in the Center for Food Safety and Applied Nutrition, the
Office of Surveillance and Compliance in the Center for Veterinary Medicine,
and the Office of Regulatory Affairs at FDA, the guidance document was developed
to answer frequently asked questions relating to the registration requirements
of section 415 of the Federal Food, Drug, and Cosmetic Act.
FSMA:
FDA Releases Guidance for Voluntary Qualified Importer Program
On November 10,
2016, the United States Food & Drug Administration (FDA) released a guidance
document entitled: Guidance for Industry:FDA's Voluntary Qualified Importer Program.
The guidance document describes FDA’s policy regarding participation in
FDA’s Voluntary Qualified Importer Program (VQIP) by importers of food for
humans or animals, and provides guidance on: (1) The benefits VQIP importers
can expect to receive; (2) The eligibility criteria for VQIP participation; (3)
Instructions for completing a VQIP application; (4) Conditions that may result
in revocation of participation in VQIP; and (5) Criteria for VQIP reinstatement
following revocation.
Tax
Legislation: PA Amends the Local Tax Enabling Act
On November 4,
2016, Pennsylvania Governor Tom Wolf signed into law Act 150 which amends the
Commonwealth’s Local Tax Enabling Act (SB 356).
The amendments included a provision for the definition of the term "farming"
and language that incorporates farmer estimated tax provisions to parallel
those used by the Pennsylvania Department of Revenue.
Specialty
Crops: PA Awarded $925,000 in Federal Grants
On November 8,
2016, the Pennsylvania Department of Agriculture (PDA) issued a press release announcing that “[t]wenty-one Pennsylvania projects will strengthen the state’s
specialty crop industries through research, education, and marketing with nearly
$925,000 in federal grants.” According to PDA, “[t]he projects address a range
of agricultural priorities like food safety, producer education, plant pest
research, and consumer connection to agriculture through farm-to-school curricula.”
Included among the awards was a $20,000 grant for the Center for Agricultural
and Shale Law to conduct workshops to teach producers about federal and state
labor laws that have potential applications to their operations.
Follow
us on Twitter at PSU Ag & Shale Law (@AgShaleLaw)
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Recent AgLaw
HotLinks include:
“In 2014 about 6 percent of U.S.
farm businesses averaged $56k in lease and royalty payments..." -
U.S. Department of Agriculture
AWEA Market Report lists PA as
number 16 in top states with installed wind power capacity - American
Wind Energy Association
“TPP vote swayed both ways by dairy” - Feedstuffs
“Denmark’s plan for swine welfare labels” - MeatPoultry
Stay
informed with our monthly Agricultural Law Brief located here.
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