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:
Water:
Supreme Court to Hear WOTUS Case
On January 13, 2017, the Supreme Court of the United
States agreed to hear a petition regarding the proper venue for challenging the
Environmental Protection Agency’s Waters of the United States rule (WOTUS) (National Association of Manufacturers v.
Department of Defense, Docket
No. 16-299). According to the Court,
the issue involves “whether the U.S. Court of Appeals for the 6th Circuit erred
when it held that it has jurisdiction under…the Clean Water Act's judicial
review provision…to decide petitions to review the waters-of-the-United-States
rule, even though the rule does not ‘issu[e] or den[y] any permit’ but instead
defines the waters that fall within Clean Water Act jurisdiction.”
COOL:
USDA Proposes Provisions to Include Venison Meat
On January 13, 2017, the United States Department of
Agriculture (USDA) Agricultural Marketing Service (AMS) published notice in the
Federal Register that the agency was proposing “to amend the country of origin
labeling (COOL) regulation to add muscle cuts of venison and ground venison to
mandatory COOL requirements” (82
FR 4198). The comment period for the
proposed rule closes March 14, 2017.
Quarantine:
Pennsylvania Deer Tests Positive for Chronic Wasting Disease
On January 13, 2017, the Pennsylvania Department of
Agriculture (PDA) announced
that a deer harvested on a hunting preserve in Franklin County, has tested
positive for Chronic Wasting Disease (CWD).
According to PDA, this is “the first new case [of CWD] in a captive deer
farm since 2014.” The deer, which was harvested in November 2016, was “raised
on a deer farm in Fulton County until it was sold to the Franklin County
facility in August 2016.” PDA stated that both farms are currently under
quarantine.
Trade:
U.S. to Lift Ban on French Beef
On January 13, 2017, the European Commission (EC)
issued a statement
that the United States was removing a 19 year-old ban on the importation of
beef from France. According to EC, “[t]he
American market has been closed to beef from the EU since January 1998, the
date on which the United States introduced restrictions on the import of
bovine, ovine and caprine meat following the Bovine Spongiform Encephalopathy
(BSE) epidemic.”
Organic:
USDA Proposes Rule for Organic Research, Promotion, and Information Order
On January 18, 2017, the United States Department of
Agriculture (USDA) Agricultural Marketing Service (AMS) published notice in the
Federal Register “invit[ing] comments on procedures for conducting a referendum
to determine whether the issuance of a proposed Organic Research, Promotion,
and Information Order is favored by certified organic producers, certified
organic handlers, and importers of certified organic products” (82
FR 5438). The comment period for the
proposed rule closes March 20, 2017.
Medical
Marijuana: PDH Publishes Amendments to Temporary Regulations
On January 14, 2017, the Pennsylvania Department of
Health (PDH) published notice in the Pennsylvania Bulletin regarding amendments
to the temporary regulations under the Medical Marijuana Act relating to
general provisions; and growers/processors (47 Pa.B. 199). According to PDH, “Interested persons are
invited to submit written comments, suggestions or objections regarding the
amendments to the temporary regulations to John J. Collins, Office of Medical
Marijuana, Department of Health, Room 628, Health and Welfare Building, 625
Forster Street, Harrisburg, PA 17120, (717) 787-4366, RA-DHMedMarijuana@pa.gov.”
Follow us on Twitter at PSU Ag & Shale Law
(@AgShaleLaw) to receive AgLaw HotLinks
- Two year pilot program in France will require country-of-origin food labeling - Meatingplace
- New food trends: consumers want variety and want to know how their food is grown - Brownfield
- USDA approves certification for transitioning organic producers - FeedStuffs
- Final rules released on “certified organic” animal requirements - TheHill
- New bird flu outbreaks still being reported - Meatingplace
- Department of Agriculture published notice of public hearing for apples and hard cider - PABulletin
- Researchers create new form of crop protection with clay nanoparticles - FeedStuffs
- USDA delays rule on livestock handling at slaughterhouses - Meatingplace
- A deer at a private PA hunting preserve found to have chronic wasting disease - LancasterOnline
- Lab-grown meat decreases risk of animal disease/other contaminants and is humane - FoodSafetyNews
- Farmers get primer in ag labor law from Sean High of @AgShaleLaw - LancasterFarming
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