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:
WOTUS:
U.S. Supreme Court Decides Jurisdiction for WOTUS Challenges
On January 22, 2018, the U.S. Supreme Court (SCOTUS)
determined that legal challenges to the “waters of the United States” (WOTUS) rule
are to be brought first at the federal district court level (National
Assn. of Mfrs. v. Department of Defense No. 16-299). After the WOTUS rule was promulgated in
November 2015, several parties brought actions challenging the rule simultaneously in both federal district courts and federal courts of appeals. Ultimately, numerous federal court appeals actions were consolidated and transferred to
the Court of Appeals for the Sixth Circuit.
According to SCOTUS, challenges to the WOTUS rule do not fall under the
scope of those Clean Water Act challenges afforded direct and exclusive review in
federal courts of appeals. As a result,
SCOTUS held that the Sixth Circuit lacked jurisdiction because challenges to
the WOTUS rule must be reviewed initially in the federal district courts.
Food
Safety: USDA-FSIS Announces Proposed Swine Inspection Rule
On January 19, 2018, the U.S. Department of
Agriculture (USDA) Food Safety and Inspection Service (FSIS) announced
a proposed amendment to the federal meat inspection regulations for hog
slaughter establishments. Specifically,
USDA-FSIS is seeking “to establish a new voluntary inspection system for market
hog slaughter establishments called the New Swine Slaughter Inspection System
(NSIS), while also requiring additional pathogen sampling for all swine
slaughter establishments.” Following future publication in the Federal
Register, USDA-FSIS will receive public comment on the proposed rule for 60 days.
FSMA:
FDA Releases Draft Guidance on Hazard Analysis and Risk-Based Preventive
Controls for Animal Food
On January 23, 2018, the U.S. Food and Drug
Administration (FDA) published notice in the Federal Register of the
availability of draft guidance entitled: Hazard
Analysis and Risk-Based Preventive Controls for Food for Animals (83
FR 3163). Promulgated under the Food
Safety Modernization Act, the draft guidance “is intended to explain how to
comply with the requirements for hazard analysis and risk-based preventive
controls for food for animals.” According
to FDA, the draft guidance addresses the following areas: (1) food safety
plans; (2) conducting a hazard analysis; (3) hazards associated with the
manufacturing, processing, packing, and holding of animal food; (4) preventive
controls; and (5) preventive control management components.
FSMA:
FDA Releases Five New FSMA Guidance Documents for Importers and Food Producers
On January 24, 2018,
the U.S. Food and Drug Administration (FDA) announced
the availability of five guidance documents intended to assist importers and
food producers comply with the Food Safety Modernization Act. According to FDA, the guidance documents
include the following: (1) draft guidance on the Foreign Supplier Verification
Program (FSVP) rule; (2) a FSVP rule small entity compliance guide; (3) draft
guidance on the term “Same Level of Public Health Protection” used in both the
FSVP and Produce Safety regulations; (4) Chapter 15 of the draft Preventive
Controls for Human Food guidance regarding supply-chain requirements; and (5) enforcement
discretion guidance regarding the application of FSVP to certain importers of
grain raw agricultural commodities.
National
Organic Program: USDA Proposes Changes to the National List of Allowed and
Prohibited Substances
On January 17, 2018 the U.S. Department of Agriculture
(USDA) Agriculture Marketing Service (AMS) published notice in the Federal
Register of a proposed rule to amend USDA’s organic regulations through changes
to the National List of Allowed and Prohibited Substances (National List) (83
FR 2498). First, the proposed rule
would alter use restrictions for seventeen substances currently allowed for
organic production or handling on the National List. Second the proposed rule would add sixteen
new substances on the National List to be allowed in organic production or
handling. Third, the proposed rule would
list the botanical pesticide, rotenone, as a prohibited substance in organic
crop production. Finally, the proposed
rule would remove ivermectin as an allowed parasiticide for use in organic
livestock production.
International
Trade: U.S. Wins WTO Broiler Chicken Dispute with China
On January 18, 2018, Reuters reported
that the World Trade Organization (WTO) ruled in favor of the United States regarding
China’s failure to adequately lower tariffs on U.S. broiler chicken products. According to Reuters, in 2011, the WTO issued
a ruling that China had improperly imposed anti-dumping duties on U.S. broiler
chicken products. Though China subsequently
lowered these tariffs, in 2016, U.S. officials returned to the WTO asserting
that China “had not done enough to comply” with the WTO ruling. According to Reuters, the U.S. alleged that
through China’s noncompliance, “U.S. poultry producers such as Tyson Foods Inc
and Pilgrim’s Pride Corp had lost sales of over $1 billion.” Under the latest
WTO ruling, unless an appeal is filed, China will have 20 days to lower its
tariffs on U.S. broiler chicken products.
Pennsylvania
Actions and Notices:
Department of Environmental Protection
AgLaw HotLinks:
- Guest worker program finds increased use – Ag Web
- US farmers Need Sound Immigration Policy for Agricultural Workforce – The Hill
- Trump: Terminating NAFTA Would Yield the 'Best Deal' in Renegotiations – Dairy Herd
- Colorado Considers State-Specific COOL – Ag Web
- Livestock emissions reporting nears while industry seeks alternatives – Feedstuffs
- Beekeepers stung by state's proposed new regulations – The Press of Atlantic City
- Projects to help improve Chesapeake water quality – Morning Ag Clips
- Farmers demand action as Trump axe falls on organic meat label – Global Meat News
- Monsanto Sends Open Reminder Letter about 2018 Dicamba – Brownfield Ag News
- California dairy groups file emergency price increase petition – Feedstuffs
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