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:
GIPSA:
USDA Withdraws Proposed GIPSA Rule
On October 18, 2017, the U.S. Department of
Agriculture (USDA) published notice in the Federal Register that the agency was
withdrawing the Grain Inspection, Packers and Stockyards Administration (GIPSA)
rule proposed on December 20, 2016 (82
FR 48603). According to the USDA, the
proposed rule was intended to clarify unfair, unjust, or deceptive practices
and to determine when such practices resulted in unfair advantages for packers,
swine contractors, or live poultry dealers.
The USDA stated that as a result of withdrawing the proposed rule, the
agency will continue the approach of determining “unfair and deceptive
practices on a case-by-case basis.”
Immigration:
DOJ and DOS Announce Partnership to Fight Visa Fraud
On October 11, 2017, the U.S. Departments of Justice
(DOJ) and State (DOS) announced
a formal partnership between the two agencies for the purpose of fighting employer
visa fraud. According to the announcement,
the agreement provides for the DOJ’s Civil Rights Division and the DOS’s Bureau
of Consular Affairs to share information on employers who may be “engaging in unlawful
discrimination, committing fraud, or making other misrepresentations in their
use of employment-based visas, such as H-1B, H-2A, and H-2B visas.” According
to the DOJ, the goal of the partnership is to hold accountable those employers
that discriminate against U.S. workers through the favoring of foreign visa
workers.
Pesticides:
EPA Announces Label Changes for Dicamba Use
On October 13, 2017, the U.S. Environmental
Protection Agency (EPA) announced
that the agency has reached a voluntary agreement with Monsanto, BASF and
DuPont to provide new label requirements for dicamba application to growing
plants. Known as "over the
top" use, under the new requirements, labels will state: (1) application
is permitted only by certified applicators, (2) farmers must maintain specific records,
(3) application is limited wind speeds below 10 mph, (4) application is limited
to certain times during the day, (5) tank clean-out language, and (6) language
regarding enhanced susceptible crops and record keeping with sensitive crop
registries. The EPA stated that the
manufacturers have agreed to have the new labeling ready for use in the 2018
season.
Chesapeake
Bay: Pennsylvania Announces Hundreds of Farmers to Receive Reimbursement for Clean
Water Plans
On October 13, 2017, the Pennsylvania Department of
Environmental Protection (DEP) announced
plans to reimburse a minimum of 800 Pennsylvania farmers for the cost of preparing
agricultural plans for clean water. According
to the DEP, in an effort to help the Commonwealth meet the Environmental
Protection Agency’s water pollution mandated targets for the Chesapeake Bay,
state law requires that farmers implement one of the following: (1) a manure
management plan, (2) a nutrient management plan, or (3) an agriculture erosion
and sediment control plan. Additionally,
in certain circumstances, a farmer may be required to implement more than one
of these plans. Costs to prepare the
various plans can range from $500 to $1,500 depending on the size of the farm. The DEP asserted that while a minimum of 800
plans will be reimbursed, the department could potentially cover the costs of 2,200
plans. The DEP stated that farmers are
eligible for reimbursed for plans developed after January 1, 2017.
Soda
Tax: Cook County Illinois Repeals Soda Tax
On October 11, 2017, the Chicago
Sun Times reported that the Cook County Board of Commissioners voted 15-2
to repeal the county’s 1 cent an ounce tax on sweetened beverages. Passed in November 2016, the sweetened
beverage tax went into effect August 2, 2017.
According to the article, the elimination of the sweetened beverage tax
will result in anticipated $200 million budget short-fall for the county, which
includes the city of Chicago.
Pennsylvania
Legislation
Pennsylvania Senate
- HB 790 Controlled Plant and Noxious Weed Act (amended on third consideration by Senate, October 17, 2018)
Environmental Resources and Energy (S)
- SB 799 Legislation to create a program for Pennsylvania municipalities and municipal separate storm sewer systems (MS4s) to meet their taxpayer funded Chesapeake Bay nutrient reduction mandates (reported for first consideration by Senate, October 17, 2017)
Agriculture and Rural Affairs (H) and Agriculture
and Rural Affairs (S)
- Joint informational meeting on Spotted Lanternfly (October 18, 2017)
Pennsylvania
Actions and Notices
State Horse Racing Commission
- Equine veterinary practices
- Horse positives—judges'/stewards' list; ineligibility to race
- Prohibited practices
- Selection or drawing of horses; re-draw provision
AgLaw HotLinks:
- Food safety, animal activists sue Iowa over 2012 ‘ag-gag’ law – Food Safety News
- Penn State: Organic Markets Quietly Trembling? – Farm Journal’s MILK
- Farmers for Free Trade: ‘We Need More Trade, Not Less – Brownfield
- Ohio hands out fines over fish kills caused by farm manure – Ag Web
- Michigan Legislature Votes To Ban Local ‘Sin Taxes’ On Food, Beverages – CBS Detroit
- Perdue: Trump Tax Plan Will "Ease Burden" on Ag-Related Jobs – Ag Web
- How John Deere and Cornell can ensure big data benefits farmers and the environment – Environmental Defense Fund
- Ag losses from Irma estimated at over $2.5b – Feedstuffs
- Industry optimistic about Supreme Court hearing on WOTUS jurisdiction – Feedstuffs
- Will the sun go down on NAFTA? - National Hog Farmer
- Report to Congress on Dairy & Fluid Milk Promotion & Research Programs – USDA AMS
- Opponents say USDA reorganization has multiple problems – Food Safety News
- Four scenarios if Trump tries to pull out of NAFTA – Ag Web
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