Written by:
M. Sean High—Staff Attorney
Audry Thompson—Research Assistant
The following information is an update of recent
local, state, national, and international legal developments relevant to agriculture:
Air Quality: EPA Issues Final Rule
Exempting Animal Waste Air Emissions from EPCRA Reporting
On June 13, 2019, the U.S.
Environmental Protection Agency (EPA) published notice in the Federal Register
of a final rule amending the reporting regulations under the Emergency Planning
and Community Right-to-Know Act (EPCRA) (84
FR 27533). Under the final
rule, air emissions from animal waste at farms is specifically exempted from
EPCRA reporting requirements.
Additionally, EPA stated that the final rule adds definitions to the
terms “animal waste” and “farm” to the EPCRA regulations so as “to delineate
the scope of this reporting exemption.”
The final rule will become effective July 15, 2019.
International Trade: EU to Increase
Importation of U.S. Hormone-Free Beef
On June 14, 2019, the
European Commission announced
an agreement had been reached to increase the importation of U.S. hormone-free
beef into the European Union (EU). Enacted
in 2009, and revised in 2014, the EU had placed a 45,000 tonne (metric ton)
quota on the importation of non-hormone treated beef into the EU for all
qualified suppliers.
Subsequently, the U.S. filed a dispute with the World Trade Organization
(WTO). Under the terms of the announced
agreement, which settles the filed WTO dispute, the U.S. will be allocated 35,000
tonnes of the 45,000 tonne quota. The new
allotment will be phased in over a seven-year period.
Industrial Hemp/Cannabis: Tennessee Department of Agriculture
Announces Hemp Rule Changes
On June 3, 2019, the
Tennessee Department of Agriculture (TDA) announced
new rule changes for Tennessee’s hemp program, enacted in 2014
through Public Chapter No.
916. According to Agriculture
Commissioner Charlie Hatcher, D.V.M., the revisions were devised in response to
changes in “the hemp industry and federal
laws,” referring to the removal of hemp from the list of federally
controlled substances. In accordance
with Tennessee’s new rules,
- Hemp processors are no longer required to register through TDA.
- The hemp program will no longer issue licenses for certified seed breeders. Anyone manufacturing, distributing, or labeling seed should, however, be licensed through TDA’s Ag Inputs section.
- Growers will still need movement permits when transporting rooted plants and are now required to be permitted when moving harvested hemp from their growing site.
Dairy Policy: U.S. Department of Agriculture Announces
Dairy Margin Coverage Enrollment
On June 14, 2019,
U.S. Secretary of Agriculture Sonny Perdue announced
enrollment for the new Dairy
Margin Coverage (DMC) program beginning June 17. According to the announcement, the “new
program offers protection to dairy producers when the difference between the
all-milk price and the average feed cost (the margin) falls below a certain
dollar amount selected by the producer.”
The DMC program was authorized in the 2018
Farm Bill to replace the Margin Protection Program for Dairy
(MPP). The new program expands the
offerings of coverage levels along with the covered percentage of production
history. Dairy producers who previously
purchased coverage through the former MPP program may choose to receive a
cash refund for 50 percent of their repayment amount or can elect to receive
DMC credit for 75 percent of premiums previously paid to the MPP program. The enrollment period ends September 20.
(For further reading: see “The
Key Differences between the Margin Protection Program and Dairy Margin Coverage”,
by Emily Wilmes, University of Minnesota Extension).
Organic Agriculture: USDA Clarifies Certification
of Organic Container Systems
On June 3, 2019, U.S.
Department of Agriculture (USDA) issued a memo clarifying eligibility and compliance requirements regarding the
organic certification of container systems.
According to USDA, container systems can include hydroponic and
pot-based systems regardless of whether soil is the growing media. Such container systems may be certified under
the National Organic Program if they comply with the Organic Foods Production
Act and the USDA organic regulations. Under
current regulations, “any field or farm parcel from which harvested crops are
intended to be sold, labeled, or represented as ‘organic,’ must…. have had no
prohibited substances…applied to it for a period of 3 years immediately
preceding harvest of the crop” (7 CFR 205.202). According to USDA, the “memo clarifies that
the legal requirements related to the three-year transition period apply to all
container systems built and maintained on land.” Accordingly, no prohibited
substance may be applied in the system or on the ground underneath the system.
Food Policy: USDA Reopens Comment Period
on Proposed SNAP Rule
On June 14, 2019, the U.S.
Department of Agriculture’s Food and Nutrition Service (FNS) published notice
in the Federal Register that the agency is reopening the comment period
regarding proposed changes to the Supplemental Nutrition Assistance Program
(SNAP) regulations (84
FR 27743). Previously, on April 5,
2019, FNS proposed changes regarding the eligibility of certain SNAP retail
food stores with a comment period that closed on June 14, 2019 (84 FR 13555). According to the agency, two supporting documents
to the proposed rule—the Regulatory Impact Analysis and the Regulatory
Flexibility Analysis—were inadvertently excluded from publication. As a result, the two publications have been
added to the docket for the proposed rule and the comment period has been
reopened until June 20, 2019.
From
National Ag Law Experts:
“Indiana
Court of Appeals Upholds Constitutionality of Right to Farm Act”,
Tiffany Dowell Lashmet, Texas Agriculture Law Blog – Texas A&M AgriLife
Extension (June 10, 2019)
“2019
Brings Potential Changes to Hemp Production in Maryland”,
Paul Goeringer, Maryland Risk Management Education Blog (June 11, 2019)
Federal
Actions and Notices:
Animal and Plant Health Inspection Service
Farm Service Agency
Food and Nutrition Service
Forest Service
Pennsylvania
Legislation:
HR
222: Resolution urging U.S. Congress and U.S. FDA to
enforce standard regarding term “milk” (Reported to House, June 18, 2019)
HR
402: Resolution to recognize vale of whole milk and
support the serving of whole milk at schools (Reported to House, June 18, 2019)
HB
374: Legislation to create the Keystone Tree Fund
(Referred to House Environmental Resources and Energy Committee, June 14, 2019)
Pennsylvania
Actions and Notices:
Department of Agriculture
Pennsylvania
Department of Agriculture:
Penn
State Research:
AgLaw HotLinks:
“Tyson
introduces new plant-based, blended products” – MEAT + POULTRY
“Who
are you calling chicken? Tyson Foods is getting into the business of
plant-based meat” – The
Washington Post
“Agriculture
strongly supports passage of USMCA” – National Hog Farmer
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