Written
by:
Jackie
Schweichler—Staff Attorney
Chloe
Marie - Research Specialist
Audry
Thompson—Research Assistant
The
following information is an update of recent local, state, national, and
international legal developments relevant to agriculture:
Disaster
Assistance Programs: Federal Disaster Aid Available for Farmers in Five
Pennsylvania Counties
On
October 8, 2019, Pennsylvania Agriculture Secretary Russell Redding announced the eligibility of farmers in
Beaver, Crawford, Erie, Lawrence, and Mercer Counties to receive federal
disaster aid. Due to excessive wet weather from January 1 through August
20, 2019, USDA designated 24 counties in Ohio as “primary natural
disaster areas.” The listed five Pennsylvania counties qualify as
“contiguous counties” and are thereby eligible for assistance through
several federal programs, namely emergency farm loans. Among other
criteria, farmers in a designated or contiguous county must have experienced at
least a 30% decrease in a primary crop to claim eligibility for emergency
loans. Farmers experiencing losses due to quality of crops may also be
eligible for assistance. Previously, on September 10, 2019,
Lackawanna and Wayne counties were designated as primary natural disaster
areas. This allowed producers in the following contiguous Pennsylvania
and New York counties to receive emergency loans: Luzerne, Monroe, Pike,
Susquehanna, and Wyoming Counties in Pennsylvania and Broome, Delaware, and
Sullivan Counties in New York. Farmers have up to eight months following
a Secretarial disaster declaration to apply for emergency loans, and the listed
deadlines are June 4, 2020 for western Pennsylvania counties and April 29, 2020
for eastern Pennsylvania counties. Interested producers should
contact their local Farm Service Agency office.
Dairy
Policy: PA Milk Marketing Board Makes Bond Claim Against Trickling Springs
Creamery
On
October 9, 2019, the Pennsylvania Milk Marketing Board (Board) announced a
claim against the milk dealer bond of Trickling Springs Creamery. Under
the Pennsylvania Milk Producer’s Security Act, milk dealers must secure
deposits “equal to one month’s purchases,” which are then used to compensate
milk producers if the dealer is unable to provide payment. According to
the announcement, on September 26, 2019, Trickling Springs informed producers
of its termination and discontinuation of milk purchases, effective the
following day, and disclosed its inability to pay its producers for milk
received throughout September 2019 to the Board. According to the
Board, auditors are still determining how much money is owed to the unpaid
producers, and that once determined, it will distribute the bond amounts
accordingly. As of the Board’s announcement, all producers affected by
the Trickling Springs closure have secured alternate markets.
Pesticides:
California EPA Announces Agreement to End the Use of Chlorpyrifos in California
by 2020
On
October 9, 2019, the California Environmental Protection Agency (CalEPA) issued
a press release announcing an agreement to
end most sales of the pesticide chlorpyrifos within California by 2020.
Chlorpyrifos is a pesticide used to control weeds and protect crops against
soil insect pests. In August 2018, the California Department of
Pesticide Regulation (DPR) released a draft scientific review entitled “Evaluation of Chlorpyrifos as a Toxic Air Contaminant” suggesting
that the pesticide should be listed as a toxic air contaminant. In light
of this and other research, DPR announced its intention to cancel chlorpyrifos
product registrations. The present agreement between CalEPA and Dow
Agrosciences, the company behind the chlorpyrifos patent, will accelerate the
chlorpyrifos ban. Dow Agrosciences and other companies will cease
all sales of chlorpyrifos on February 6, 2020. After December 31, 2020,
the possession and use of chlorpyrifos by individual growers will be
prohibited. In the meantime, the use of chlorpyrifos will be subject
to thorough control and restrictions.
Technology:
Study Examines the Impact of Inadequate Rural Broadband Connectivity
On
October 9, 2019, the United Soybean Board released a new study on rural broadband
access for U.S. farmers. The study is entitled Rural Broadband and the American Farmer and
the data is based on surveys from over 2,000 agricultural operators.
Survey respondents expressed a need for improved internet connectivity in order
to access data, maps, or internet solutions from the field. According to
the study, 60% of farmers say they do not have sufficient internet access to
effectively run their business. One third of farmers stated that lack of
internet accessibility had an impact on their farm equipment purchases.
Survey respondents also indicated that they are prevented from obtaining
quality data to improve sustainability practices, including soil and water
management.
From
National Ag Law Experts:
Ben
Lilliston & Susan R. Holmberg, Digging into the Farm Debate: Reviving New Deal Supply
Management for the 21st Century (October 10, 2019)
Brigit
Rollins, On Pause: Roundup Case in Missouri Gets Postponed (October
9, 2019)
Federal
Executive Agencies—Actions and Notices:
Agricultural
Marketing Service
“Cotton Board Rules and Regulations: Adjusting
Supplemental Assessment on Imports (2019 Amendments)” Rule
(October 15, 2019)
“Fruit Crops; Notice of Request for Extension and
Revision of a Currently Approved Information Collection,” Notice
(October 9, 2019)
Agricultural
Research Service
“Notice of Intent to Grant Exclusive License,” Notice
(October 10, 2019)
Animal
and Plant Health Inspection Service
“Changes to the National Poultry Improvement Plan Program
Standards,” Notice (October 11, 2019)
Environmental
Protection Agency
“Significant New Use Rules on Certain Chemical
Substances,” Rule (October 15, 2019)
“Indaziflam; Pesticide Tolerances,” Rule,
(October 10, 2019)
“Significant New Use Rules on Certain Chemical
Substances; Technical Correction,” Rule (October 10, 2019)
Federal
Communications Commission
“Promoting Telehealth in Rural America,” Rule
(October 11, 2019)
Federal
Emergency Management Agency
“Suspension of Community Eligibility,” Rule
(October 10, 2019)
International
Trade Commission
“Fresh Tomatoes From Mexico; Suspension of Anti-Dumping
Investigation,” Notice (October 10, 2019)
Rural
Business-Cooperative Service
“Notice of Solicitation of Applications for the
Biorefinery, Renewable Chemical, and Biobased Product Manufacturing Assistance
Program,” Notice, (October 15, 2019)
Rural
Housing Service
“Section 538 Guaranteed Rural Rental Housing Program
Notice of Funding Availability Elimination,” Rule, (October 15,
2019)
Susquehanna
River Basin Commission
“Grandfathering (GF) Registration Notice” Notice
(October 15, 2019)
“Projects Approved for Consumptive Uses of Water,” Notice
(October 15, 2019)
House
Agriculture Committee Actions:
H.R.4642 “To allow Rural Utilities
Service telecommunications grants to be made for the collection of broadband
infrastructure data by local governments, economic development or other
community organizations, electric or telephone cooperatives, and small internet
providers,” Referred to Committee on Agriculture (October 11, 2019)
H.Res.623 “Recognizing and honoring
National Mushroom Day and the contributions of Chester and Berks Counties to
the national mushroom industry,” Referred to Subcommittee on Biotechnology,
Horticulture, and Research (October 11, 2019)
H.Con.Res.66 “Urging all nations to
outlaw the dog and cat meat trade and to enforce existing laws against such
trade,” Referred to Subcommittee on Livestock and Foreign Agriculture (October
11, 2019)
H.R.4476 “Financial Transparency Act of
2019,” Referred to Subcommittee on Commodity Exchanges, Energy, and Credit
(October 11, 2019)
H.R.4496 “Wildfires and Hurricanes
Indemnity Program Extension Act of 2019,” Referred to Subcommittee on General
Farm Commodities and Risk Management (October 11, 2019)
H.R.4521 “Fair Sugar Policy Act of
2019,”Referred to the Subcommittee on General Farm Commodities and Risk
Management (October 11, 2019)
H.R.4535 “Commodity Futures Trading
Commission Research and Development Modernization Act,” Referred to the
Subcommittee on Commodity Exchanges, Energy, and Credit (October 11, 2019)
H.R.4541 “To establish a grant program to
provide certain eligible entities engaged in food recovery with grants to
support certain costs,” Referred to the Subcommittee on Nutrition, Oversight, and
Department Operations (October 11, 2019)
Senate
Agriculture, Nutrition, And Forestry Committee Actions:
S.2568 “A bill to reform the Federal
sugar program, and for other purposes,” Referred to the Committee on
Agriculture, Nutrition, and Forestry (September 26, 2019)
Pennsylvania
Executive Agencies—Actions and Notices:
Department
of Agriculture
“Controlled Plant and Noxious Weed Committee Meeting” (October
12, 2019)
Department
of Environmental Protection
“Agricultural Advisory Board Meeting Rescheduled and
Change of Location” (October 12, 2019)
“Stream Evaluation of Bacon Run, Glade Run, Bell Run,
Meadow Run and Unnamed Tributaries to Dunkard Creek (Greene County); Water
Quality Standards Review” (October 12, 2019)
“West Nile Virus County Grants; Notice of Availability” (October
12, 2019)
Susquehanna
River Basin Commission
“Public Hearing” (October 12, 2019)
Pennsylvania
Department Of Agriculture:
“Northumberland County Tree Farm Provides White House
Christmas Tree” (October 15, 2019)
“2020 PA Farm Show Asks Pennsylvanians, ‘Oh, Say, Can You
Sing?’” (October 14, 2019)
“Agriculture Secretary Highlights Importance of PA Dairy
Investment Program During Visit to Philabundance Producer Farms” (October
14, 2019)
“Wolf Administration Announced $500,000 Available for Ag
and Youth Education Programs at Cumberland Valley High School FFA Showcase” (October
11, 2019)
Penn
State Research:
Walt
Mills, Scientists have first 3D view of life's processes in
liquid (October 11, 2019)
A'ndrea
Elyse Messer, Costs of natural disasters are increasing at the high end (October
7, 2019)
“7 Points From Rural Broadband Study” (October
14, 2019)
“The Sustainability Bandwagon is Picking Up Speed and
More Supporters” (October 13, 2019)
“Thousands Urge USDA to Act on GIPSA Rule” (October
11, 2019)
“Eating Out, Mindfulness and Plant-Based Trends Will
Dominate Industry, Whitepaper Reveals” (October 10, 2019)
“Kansas Beef Council Under Fire” (October
10, 2019)
“The Food Industry Looks to Turn Garbage into Gold” (October
9, 2019)
“Wolf Administration’s Food Security Summit Brings Partners
Together” (October 9, 2019)
“Fight Over State ‘Fake Meat’ Labeling Laws Continues” (October
8, 2019)
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