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:
Pesticides:
EPA Penalizes Amazon over $1.2M for Online Sale of Illegal Pesticides
On February 15, 2018, the U.S. Environmental
Protection Agency (EPA) announced
a settlement with Amazon Services LLC regarding the online sales of unregistered
and misbranded pesticide products. According
to EPA, from 2013-2016, Amazon sold and distributed imported pesticide products
that were not licensed for sale in the U.S.
EPA alleged that these illegal actions resulted in nearly four thousand violations
of the Federal Insecticide, Fungicide and Rodenticide Act. Under the terms of the settlement, Amazon
will be required to: (1) pay EPA a penalty of $1,215,700 and (2) develop an online
pesticide training course for Amazon retailers.
According to EPA, completion of the online training course will be
required by all entities prior to selling pesticide products on Amazon.com.
Pesticides:
Judge Rejects Monsanto Action to Stop Arkansas Dicamba Ban
On February 16, 2018, Reuters reported
that an Arkansas judge rejected a Monsanto Co. lawsuit seeking to overturn the
state’s dicamba spraying restrictions. On
January 19, 2018, the Arkansas Agricultural Department announced
regulations prohibiting the use of the herbicide dicamba from April 16 through
October 31. As a result of this action,
Monsanto brought suit alleging that “[t]he Arkansas ban hurts Monsanto’s
ability to sell dicamba-tolerant seed in the state and has caused ‘irreparable
harm’ to the company.” According to the report, in dismissing Monsanto’s legal
challenge, “Pulaski County Circuit Court Judge Chris Piazza cited a recent
Arkansas Supreme Court decision that the state cannot be made a defendant in
court.”
Food
and Nutrition: USDA Extends Comment Period on Food Crediting in Child Nutrition
Programs
On February 20, 2018, the U.S. Department of
Agriculture (USDA) Food and Nutrition Service (FNS) published notice in the
Federal Register extending the comment period regarding USDA-FNS’ crediting
system and the Child Nutrition Programs (83
FR 7139). According to USDA-FNS, the
Child Nutrition Programs (which include: National School Lunch Program, School
Breakfast Program, Child and Adult Care Food Program, and Summer Food Service
Program) are critical in providing many children with nutritious food. Additionally, FNS stated that crediting is the
process used by the agency “to determine how individual foods contribute to the
Child Nutrition Programs' meal patterns.” USDA-FNS asserted that the extended
comment period is intended to help the agency structure a crediting system that
better: (1) addresses the current food and nutrition environment, (2) gives
children access to the nutrition they need, and (3) provides customer service. Accordingly,
USDA-FNS has scheduled the comment period to close on April 23, 2018.
Agricultural
Data: Syngenta Acquires Satellite Imagery Company
On February 14, 2018, Syngenta announced
the acquisition of the satellite imagery company FarmShots, Inc. According to Syngenta, FarmShots has been a
leader in developing high-resolution technology that can allow for the
detection of plant health through “analyzing absorbed light from field images.”
Syngenta asserted that this technology permits “growers and their trusted
advisers to reduce field scouting by as much as 90 percent and helps them focus
on areas of need.” Additionally, Syngenta stated that the FarmShots system, will
allow growers to access their secure, optimized data through mobile devices
such as tablets, laptops and smart phones.
Biosecurity:
Deer from Pennsylvania Farm Tests Positive for Chronic Wasting Disease in
Wisconsin
On February 15, 2018, the Pennsylvania Department of Agriculture (PDA) announced
that a deer originating from a Pennsylvania breeding farm has tested positive
for Chronic Wasting Disease in Wisconsin.
The deer in question was harvested on a Wisconsin hunting preserve in
the fall of 2017. Subsequently, DNA testing
was used to confirm that the deer was born on a breeding farm in Lancaster
County, Pennsylvania. The breeding farm
is currently under quarantine as PDA and the U.S. Department of Agriculture work
to establish a Herd Management Plan designed to limit the spread of the
disease.
Industrial
Hemp / Cannabis: Pennsylvania Approves 39 Industrial Hemp Research Applications
On February 15, 2018, the Pennsylvania Department of
Agriculture (PDA) announced
the approval of 39 industrial hemp research applications. According to PDA, if all 39 applicants complete
the permitting process, nearly 1,000 acres statewide will be utilized for hemp production
in 2018. In contrast, in 2017, hemp
production in the Commonwealth was limited to 14 growers on 36 acres statewide. The 39 approved industrial hemp applicants
come from the following Pennsylvania counties: Adams, Bedford, Berks, Bucks,
Carbon, Chester, Clearfield, Columbia, Cumberland, Dauphin, Franklin,
Lackawanna, Lancaster, Lehigh, Luzerne, Lycoming, Mifflin, Monroe, Montgomery,
Montour, Perry, Somerset, Washington, Westmoreland, and Wyoming.
Farmland
Preservation: Pennsylvania Farmland Preservation Program Passes $1 Billion Mark
On February 15, 2018, the Pennsylvania Department of
Agriculture announced
that the Agricultural Land Preservation Board has approved $37 million in
farmland preservation funding for 2018. With
the announced funding, Pennsylvania’s financial commitment to farmland
preservation exceeds $1 billion since the Pennsylvania Agricultural
Conservation Easement Purchase Program was developed in 1988. Accordingly, since 1988, these farmland
preservation funds have been used to purchase permanent easements on 5,270 Pennsylvania
farms totaling 546,963 acres.
Pennsylvania
Actions and Notices:
Department of Agriculture
Department of Transportation
Pennsylvania Public Utility Commission
Susquehanna River Basin Commission
AgLaw HotLinks:
- Class I Sales Hit Record Low – MILK
- Chairman Conaway says pathway to farm bill now easier – Delta Farm Press
- Is It ‘Natural’? Consumers, and Lawyers, Want to Know – The New York Times
- Group asks court to defend consumers’ right to buy eggs, meat – Feedstuffs
- Senators want to bolster research of organic ag – Morning Ag Clips
- USDA and Innovation Center for US Dairy recommit to-meet industry environmental goals – Dairy Reporter
- Brexit must not lead to fall in farming standards, warns NFU – The Guardian
- This Musk — Elon's brother — looks to revolutionize urban farming – USA Today
- Foreign Farm Workers Caught in Brexit Flap – Ag Web
- Ag Groups in Court over California Prop 65 Listing of Glyphosate – Brownfield Ag News
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