Written by: M. Sean High—Staff Attorney
Contributor: Errin McCaulley—Research Assistant
The following information is an update of recent
local, state, national, and international legal developments relevant to
agriculture:
Pesticides:
Agricultural Groups Granted Preliminary Injunction against California
Glyphosate Labeling
On February 26, 2018, the U.S. District Court for
the Eastern District of California granted a motion for a preliminary
injunction against California’s glyphosate regulations. (National Assoc. of Wheat Growers et. al., v. Zeise, Case
2:17-cv-02401-WBS-EFB Document 75). The
case involves a challenge to California’s Proposition 65 chemical regulations
which: (1) currently lists glyphosate as a chemical known to the State of
California to cause cancer, and (2) requires warnings due to the listing. According to the Plaintiffs, “the listing and
warning requirements violate the First Amendment by compelling them to make
false, misleading, and highly controversial statements about their products.” In
granting the preliminary injunction, the court stated that the Plaintiffs have
demonstrated that “they are likely to succeed on the merits of their First
Amendment claim, [and] are likely to suffer irreparable harm absent an
injunction.”
Food
Policy: 2020-2025 Dietary Guidelines Development Process to Seek Public Comment
On February 26, 2018, U.S. Department of Agriculture
(USDA) and the U.S. Department of Health and Human Services (HHS) announced that the
departments are seeking public comment regarding the development of the
2020-2025 Dietary Guidelines for Americans (DGA). According to the departments, the DGA “serves
as the cornerstone of federal nutrition programs and policies.” Because USDA
and HHS consider the American taxpayer to be “an essential customer”, the
departments are seeking to ensure that the public is heard throughout the DGA
development process. As a result, for
the first time ever, public comments will be received by the departments regarding
the proposed priority topics and supporting scientific questions used to
develop the upcoming DGA. All public
comments must be submitted in writing via the Federal Register and must be
received by March 30, 2018 (83
FR 8649).
International
Trade: China Lifts Import Duties on U.S. Broiler Chicken Products
On February 26, 2018, Reuters reported
that China has agreed to lift import duties on U.S. broiler chicken products
effective February 27, 2018. The move
follows a January 18, 2018, World Trade Organization ruling
requiring China to either file an appeal or reduce tariffs on U.S. broiler
chicken products within 20 days. According
to Reuters, China began imposing the tariffs on U.S. broiler chicken products
in 2010. The lifting of import duties,
however, is not expected to have immediate benefits for the U.S. poultry
industry. Asserting issues regarding avian
influenza, China will continue to maintain its current ban on the importation of
all U.S. poultry, poultry products, and eggs.
Agricultural
Labor: Farm Labor Contractor Fined for Housing Violations
On February 22, 2018, the U.S. Department of Labor
(DOL) announced
that farm labor contractor Future Ag Management Inc. has been penalized
$168,082 for violating Migrant and Seasonal Agricultural Worker Protection Act
housing requirements. According to DOL,
Future Ag Management Inc. provided 22 agricultural workers with “inhumane
living conditions” during the 2017 California summer lettuce and cauliflower
harvests. Specifically, DOL asserted
that the contractor provided housing that: (1) was below the required minimum
square footage, (2) lacked the required number of showers and sinks, (3) lacked
water safe for human consumption, and (4) had restrooms that were unsanitary
and insect infested.
Pesticides:
California Court Orders State Officials to Stop Pesticide Use
On February 26, 2018, the Los Angeles Times reported
that the Sacramento County Superior Court has issued an injunction prohibiting
state agricultural officials from spraying pesticides to protect vegetation from
pest damage. As a result of the court
action, California agricultural officials will not be permitted to apply
pesticides for the protection of vegetation in parks, schools, or a homeowner’s
backyard. The injunction, however, applies
only to state agricultural officials and does not affect pesticide use by
individual farmers or private land owners.
Additionally, the injunction does not apply when pesticides are used by state
officials to control public health threats such as the West Nile virus.
Pennsylvania
Legislation:
Agriculture and Rural Affairs
- SB 1057 Legislation to establish the Pennsylvania Lost and Found Dog Registry (Referred to committee February 26, 2018)
Pennsylvania
Actions and Notices:
State Conservation Commission
AgLaw HotLinks:
- Licensed Dairy Farm Numbers Drop Nearly 4% in 2017 – Dairy Herd Management
- Farmers Work to Keep Monarch Butterflies off Endangered Species List – Brownfield Ag News
- Changes to H2-C Immigration Bill – MILK
- African Development Bank leader calls for investment in African agriculture – Southwest Farm Press
- A new checklist to keep farm kids safe – Morning Ag Clips
- NGFA seeks clarification on trucking exemptions for ag – Feedstuffs
- To Stay on the Land, American Farmers Add Extra Jobs – The Wall Street Journal
- Perdue: USDA will tackle deregulation, improving trade and providing a legal ag workforce – Food Navigator
- Checkoff Lawsuit Underway In Utah – Ag web
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