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:
Chesapeake
Bay: Study finds many PA Farmers have Voluntarily Implemented Water Quality
Practices
On December 15, 2016, the Penn State College of
Agricultural Sciences announced the results of a new research study that found
that “[m]any Pennsylvania farmers in the Chesapeake Bay watershed have
voluntarily implemented, at their own expense, practices aimed at improving
water quality.” Based largely on a survey response from nearly 7,000 Pennsylvania
farmers, the information collected was verified through 700 randomly selected farm
visits conducted by Penn State Extension staff members. According to the
announcement, the study assists in documenting the voluntary best management
practices used by farmers in the Chesapeake Bay watershed that have not been
“adequately captured and reported for credit.”
Food
Law: Court Dismisses Lawsuit against Philadelphia Soda Tax
On December 19, 2016, the Court of Common Pleas of
Philadelphia County First Judicial District of Trial Division-Civil dismissed a
lawsuit seeking to invalidate Philadelphia’s recently enacted 1.5% tax on sugar
sweetened beverages (Lora Jean Williams,
et. al., v. City of Philadelphia, et. al., Control Number 16100940). The court rejected the plaintiff’s argument
that because sugary drinks are already taxed at the state level, and
Pennsylvania law prevents duplicate taxes, the tax violated the uniformity clause
of the state’s constitution. As a result
of the ruling, the tax is scheduled to go into effect January 1, 2017.
Medical
Marijuana: PA Announces Application Dates for Medical Marijuana Program
On December 21, 2016, Pennsylvania Department of
Health (PDH) issued a press release announcing the Medical Marijuana Program permit
application dates for growers, processors, and dispensaries. According to PDH, permit applications will be
made available beginning January 17, 2017, and will be accepted from February
20, 2017 until March 20, 2017. PDH
stated that there will 12 permits issued for growers/processors and 27 permits
issued for dispensaries.
Water:
President Signs Drought Relief into Law
On December 16, 2016, President Obama signed into
law the Water Infrastructure Improvements
for the Nation Act (S.612). The law,
which is intended “[t]o provide for improvements to the rivers and harbors of
the United States, to provide for the conservation and development of water and
related resources” contains drought relief provisions applicable to the
agricultural industry.
FSMA:
FDA Publishes Updated Training Strategy
On December 21, 2016, the United States Food and
Drug Administration (FDA) announced an update to the agency’s Strategy for Food
Safety Modernization Act (FSMA) training.
According to FDA, the published update “reflect[s] the progress the
progress that has been made in the past year” regarding the implementation of FSMA.
Trade:
U.S. Announces Enforcement Action against China for Rice, Wheat, and Corn
On December 21, 2016, the Office of the United
States Trade Representative (USTR) announced that “the Obama Administration [has]
launched a new trade enforcement action against the People’s Republic of China
at the World Trade Organization (WTO) concerning China’s administration of
tariff-rate quotas (TRQs) for rice, wheat, and corn.” According to USTR, China’s
government excessively administers price supports for rice, wheat, and corn and
that these actions are a breach of “WTO commitments and undermines American
farm exports.”
Fees:
PDA Announces Fees for Certificates of Free Sale
On December 17, 2016, the Pennsylvania Department of
Agriculture (PDA) published notice in the Pennsylvania Bulletin regarding the fees
the department will charge persons for the issuance of Certificates of Free
Sale (46 Pa.B. 7832). According to PDA, “[a]
Certificate of Free Sale is a formal, official attestation from the Department,
confirming that specified Commonwealth-produced food offered for entry into
another country complies with applicable laws for distribution of that food in
domestic commerce.” Additionally, “[a] Certificate of Free Sale might also
address the process or system by which a food is produced.”
Labeling:
USDA Encourages “Best if Used By” date label
On December 14, 2016, the United States Department
of Agriculture’s (USDA) Food Safety and Inspection Service (FSIS) announced new
guidance “encouraging food manufacturers and retailers that apply product
dating to use a ‘Best if Used By’ date label.” With the exception of infant
formula, Federal regulations do not require product dating. Nevertheless, “[f]ood manufacturers
frequently use a variety of phrases, such as ‘Sell-by’ and ‘Use-by’ on product
labels to describe quality dates on a voluntary basis.” To eliminate consumer confusion,
“FSIS is changing its guidance to recommend the use of ‘Best if Used By’ because
research shows that this phrase is easily understood by consumers as an
indicator of quality, rather than safety.”
Recent AgLaw HotLinks include:
- Consumers aware of GMO benefits but still concerned - Brownfield
- USDA releases proposed Farmer Fair Practices Rules; open to industry comments - MeatPoultry
- Majority of farmers think GMO seeds are important to the environment - AgriPulse
- Federal court dismisses lawsuit brought by environmentalists against EPA - Feedstuffs
- Continued monitoring of birds for potential spread of bird flu - Brownfield
- “Top 10 most important foodborne outbreaks of 2016” - FoodSafetyNews
- National Cattlemen’s Beef Association speaks out against new GIPSA regulations - Brownfield
- Results are back from OIGA audit at Nebraska-based US Meat Animal Research Center - Browfield
- “Farmers cultivating success as direct marketers” -MeatPoultry
- World Organization for Animal Health creates online portal to coordinate bird flu info - Feedstuffs
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activities from the week.
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