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:
HPAI:
USDA Confirms Avian Influenza in Tennessee Chicken Flock
On March 5, 2017, the United States Department of
Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) announced
that the agency had “confirmed the presence of highly pathogenic H7 avian
influenza (HPAI) of North American wild bird lineage in a commercial chicken
breeder flock in Lincoln County, Tennessee.” USDA stated that the infected
flock, which consisted of 73,500 birds, “is the first confirmed case of HPAI in
commercial poultry in the United States this year.” According
to USDA, the virus “is NOT the same as the China H7N9 virus that has
impacted poultry and infected humans in Asia.”
WOTUS:
Agencies Announce Intention to Review Clean Water Rule
On March 6, 2017, the U.S. Environmental Protection
Agency (EPA) and the Department of the Army (Army) published notice in the
Federal Register “announc[ing] its intention to review and rescind or revise
the Clean Water Rule” (82
FR 12532). The notice was published in
response to the February 28, 2017, Presidential Executive Order directing the agencies
“to review and rescind or revise the 2015 Rule.” Accordingly, “EPA and the Army
announce[d] their intention to review that rule, and provide advanced notice of
a forthcoming proposed rulemaking consistent with the Executive Order…[and] [i]n
doing so…will consider interpreting the term “navigable waters,” as defined in
the CWA in a manner consistent with the opinion of Justice Scalia in Rapanos.
REAP:
PDA Announces Availability of Tax Credits to PA Farmers for Conservation and
Nutrient Plans to Improve Soil, Water Quality
On March 3, 2017, the Pennsylvania Department of
Agriculture (PDA) announced
the availability “of a tax credit program that can help [farmers] develop plans
and install measures that reduce nutrient and sediment runoff.” According to
PDA, “[f]armers can use Resource Enhancement and Protection (REAP) program tax
credits to help offset the cost of writing conservation plans and nutrient
management plans, purchasing conservation equipment, and implementing best
management practices (BMPs) for their operations.” Information regarding REAP, which
is administered by the Pennsylvania State Conservation Commission, is available
on PDA’s website or through contacting Joel Semke
at 717.705.4032 or jsemke@pa.gov.
COOL:
Australia Passes Country of Origin Labeling Law
On March 7, 2017, the Crookwell
Gazette stated that “the Australian Government has passed the final tranche
of Country of Origin Labeling laws through parliament.” Included in the laws is a requirement that labels
“show a kangaroo in a triangle to state the food is manufactured, produced,
packaged or grown in Australia; and a bar chart indicating the proportion of
Australian ingredients.” Businesses will be given a two year period to implement
the new laws.
Litigation:
Court Dismisses Food Safety Lawsuit against Chipotle
On March 8, 2017, Reuters
reported that Chipotle Mexican Grill Inc. “won the dismissal of a lawsuit
claiming it defrauded shareholders about its ability to protect customers from
at least seven norovirus, E.coli and salmonella outbreaks that erupted in 2015.”
According to Reuters, the U.S. District Court in Manhattan held that “shareholders
failed to show that Chipotle improperly concealed the seriousness of food-borne
illness outbreaks, the status of a federal probe into an E.coli outbreak, and
how its alleged inability to monitor food safety raised the risk of outbreaks.”
Shareholders had filed the lawsuit following Chipotle's share price declining “47
percent in just over five months from its August 2015 peak above $758.”
Invasive
Species: Pennsylvania Expands Spotted Lanternfly Quarantine
On March 6, 2017, the Pennsylvania Department of
Agriculture (PDA) announced
that Coopersburg Borough and Salisbury Township have been added to the state’s Spotted
Lanternfly quarantine. “The quarantine,
which affects parts of six Pennsylvania counties, restricts movement of any
material or object that can spread the pest.” According to PDA, the Spotted Lanternfly is native
to China, India, Japan, and Vietnam and “had not been found in the United
States prior to its initial detection in Berks County [Pennsylvania] in the
fall of 2014.”
AgLaw HotLinks:
- Cotton consumption in 2017 projected to grow by 1%, production is low, and industry faces competition from synthetic fibers -USDA
- Call to improve Conservation Reserve Program at Farm Bill hearing - Brownfield
- Three genetically modified potatoes have been declared safe by EPA - FoodChemicalNews
- Both sides in Peanut Corporation of America criminal trial ask for oral arguments - FoodSafetyNews
- Fewer field workers means farmers are looking to use robots and other advanced technologies to harvest crops - Forbes
- Reports suggest new administration intends to reduce fed funding for Chesapeake Bay cleanup from $73 million to $5 million - Daily Press
- USDA reports on cheese production & output for Jan ‘17. Total output is up 3.7% from last year - USDA
- Reports indicate U.S. will rely on U.S. trade laws and not on WTO - Brownfield
- Today in the United States, about 57% of domestically produced sugar comes from sugar beets - BiotechNow
- First U.S. case of HPAI confirmed in Tennessee; caution advised for poultry operations - SouthStrandNews
- Court of Appeals rules there is insufficient evidence cage-free eggs are safer - Brownfield
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Order on the “Waters of the United States” Rule.
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