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:
Air
Quality: EPA Issues Guidance Material for Reporting of Animal Waste Air
Emissions
On October 26, 2017, the U.S. Environmental
Protection Agency (EPA) announced
the availability of guidance material designed to help farmers report air emissions
of hazardous substances resulting from animal waste. EPA stated that while the agency is evaluating
possible changes to the reporting requirements for emissions from animal waste,
the guidance material is intended to help farmers comply with the current
requirements. Accordingly, the deadline
for the reporting of air emissions of hazardous substances from animal waste at
farms is currently set for November 15, 2017.
Bankruptcy:
Family Farmer Bankruptcy Clarification Act Becomes Law
On October 26, 2017, President Donald Trump signed
into law the Family Farmer Bankruptcy Clarification Act of 2017. Introduced as S. 1237,
the legislation was an addition to an appropriations bill, H.R.
2266. According
to the bill’s cosponsor, Senate Judiciary Committee Chairman Chuck Grassley
of Iowa, the legislation “clarifies that bankrupt family farmers reorganizing
their debts are able to treat capital gains taxes owed to a governmental unit,
arising from the sale of farm assets during a bankruptcy, as general unsecured
claims.” Additionally, the legislation “removes the Internal Revenue Service’s
veto power over a bankruptcy reorganization plan’s confirmation.” Senator
Grassley, stated that the legislation “corrects a Supreme Court ruling (Hall v. United States) that made it
harder for family farmers to reorganize their finances when they fall on hard
times.”
Herbicides:
Bayer Seeks to Deregulate GE Cotton Resistant to Glyphosate and Isoxaflutole
On October 27, 2017, the U.S. Department of Agriculture
Animal and Plant Health Inspection Service (APHIS) published notice in the
Federal Register that Bayer CropScience, LP (Bayer) was seeking the
deregulation of cotton genetically engineered (GE) to resist the herbicides
glyphosate and isoxaflutole (82
FR 49782). According to APHIS, the
GE cotton is designated as event GHB811.
APHIS stated that Bayer’s petition was being made available for review
and comment to help the agency to “identify potential environmental and
interrelated economic issues.” Accordingly, the comment period regarding the
deregulation of GHB811 ends on December 26, 2017.
Labeling:
FDA Seeks to Revoke Soy Protein Health Claim
On October 30, 2017, the U.S. Food and Drug
Administration (FDA) announced
a proposed rule that would revoke a health claim linking consumption of soy
protein with a reduced risk of heart disease.
According to the FDA, “[w]hile some evidence continues to suggest a
relationship between soy protein and a reduced risk of heart disease…the
totality of currently available scientific evidence calls into question the
certainty of this relationship.” FDA
stated that if the proposed rule is finalized, “the agency intends to allow the
use of a qualified health claim as long as there is sufficient evidence to
support a link between eating soy protein and a reduced risk of heart disease.”
Pennsylvania
Legislation
- HB 790 Legislation repealing the Noxious Weed Control Law (Act 74 of 1982) and replacing it with the Controlled Plant and Noxious Weed Act (Act 46) (Approved by the Governor October 30, 2017)
AgLaw HotLinks:
- Canadian Perspective: U.S. Dairy Has More to Lose Than Gain in NAFTA – Ag Web
- EFSA says wild birds spread avian flu to E.U. member states – Food Safety News
- Beef checkoff launches #RethinkTheRanch campaign – Beef Producer
- Reducing environmental impact of cow waste – Feedstuffs
- Ag groups see Goodlatte’s ag guestworker bill as first step – Feedstuffs
- Organic Valley Plans to be 100% Powered by Green Energy – Dairy Herd Management
- The advent of 'green' cattle – EurekAlert
- Farmers’ Markets are Beloved, but the Government May Cut Their Funding - Civil Eats
- Insect Armageddon – The New York Times
- Will CRISPR-Cas kick start a new Green Revolution? – Ag Pro
- What's Next for WOTUS? – Ag Web
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activities from the week.
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judicial, legislative, and regulatory developments in agriculture and food,
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