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:
California Federal Jury Finds Glyphosate Caused Cancer
On March 19, 2019, Bayer announced
that a federal jury in California has ruled that plaintiff Edwin Hardeman's non-Hodgkin's lymphoma
was caused by the company’s glyphosate-based herbicide Roundup. While the jury reached a decision in the first
phase of the trial regarding causation, it still must decide the question of liability
in phase two of the trial. According to
Bayer, “We are disappointed with the jury’s initial decision, but we continue
to believe firmly that the science confirms that glyphosate-based herbicides do
not cause cancer. We are confident the evidence in phase two will show that
Monsanto’s conduct has been appropriate and that the company should not be
liable for Mr. Hardeman’s cancer.”
Ag-Gag:
Iowa Governor Signs Ag Trespass Bill
On March 14, 2019, Iowa Governor Kim Reynolds signed
into law legislation making it a criminal act to trespass at an agricultural
production facility (SF
519). The new law allows for the
prosecution of individuals who use deceptive means to gain access to an
agricultural production facility with the intent of causing physical or economic
harm. Passage follows a January 9, 2019 determination
by the U.S. District Court for the Southern District of Iowa that Iowa’s agricultural
production facility fraud law violated the First Amendment of the Constitution. For more information on the case involving Iowa’s
production facility fraud law, see the Penn
State Agricultural Law Weekly Review for February 28, 2019.
Food
Labeling: North Dakota Governor Signs Meat Labeling Bill
On March 12, 2019, North Dakota Governor Doug Burgum
signed into law legislation defining the term “meat” and prohibiting the
marketing of cell cultured proteins as a “meat food products” HB
1400). Cell cultured products are
derived from animal cells and are an attempt to grow meat-like human food
products in a lab. The legislation defines
the term meat as "the edible flesh of an animal born and harvested for the
purpose of human consumption.” Because cell
cultured proteins do not meet this definition, they may not be advertisement as
“meat food products.”
Food
Policy: New York City Announces “Meatless Mondays” for Public Schools
On March 11, 2019, New York City Mayor Bill de Blasio announced
that beginning in the 2019-2020 school year, all of the city’s public schools
will have “Meatless Mondays.” Instead, on Mondays, students will be served only
vegetarian items. According to Mayor de
Blasio, “[c]utting back on meat a little will improve New Yorkers' health and
reduce greenhouse gas emissions.”
FSMA:
FDA Extends Produce Safety Rule’s Agricultural Water Compliance Dates
On March 18, 2019, the U.S. Food & Drug
Administration (FDA) published notice in the Federal Register announcing the
extension of compliance dates for the “Standards for the Growing, Harvesting,
Packing, and Holding of Produce for Human Consumption” rule’s agricultural
water requirements (84
FR 9706). The extension is
applicable to all produce subject to FDA Produce Safety Rule’s requirements,
other than for sprouts. Accordingly, the
new compliance dates are: January 2022 for large farms, January 2023 for small
farms, and January 2024 for very small farms.
FDA stated that the purpose of the extension is to “address questions
about the practical implementation of compliance with certain provisions and to
consider how [FDA] might further reduce the regulatory burden or increase
flexibility while continuing to protect public health.”
From
National Ag Law Experts:
“CA
Animal Welfare Act Could Impact Farm Practices Nationwide”,
Tiffany Dowell Lashmet, Texas Agriculture Law Blog – Texas A&M AgriLife
Extension (March 18, 2019)
“Employment
Eligibility Verification: What You Need to Know about the I-9”,
Cari Rincker, Rincker Law Blog – Rincker Law PLLC (March 18, 2019)
“Dairy
Farm PFAS Contamination”, Brianna J. Schroeder,
Schroeder Ag Law Blog – Janzen Ag Law (March 4, 2019)
Federal
Actions and Notices:
Animal and Plant Health Inspection Service
Agricultural Marketing Service
Environmental Protection Agency
Pennsylvania
Department of Agriculture:
Pennsylvania
Legislation:
HB
881: Legislation providing for farmland succession
planning grants (referred to House Agriculture and Rural Affairs Committee,
March 19, 2019)
HB
822: Legislation providing for county humane officers to
assess animal cruelty issues and enforce animal control provisions (Referred to
House Agriculture and Rural Affairs Committee, March 14, 2019)
Pennsylvania
Actions and Notices:
Department of Agriculture
Penn
State Research:
AgLaw HotLinks:
“Pork
checkoff changing with times”
– Feedstuffs
“Data
Becomes Cash Crop for Big Agriculture” – Bloomberg
“What’s
in a name? 25% of consumers object to meat-related words for vegetarian
products” – Food
Navigator
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