Sunday, December 1, 2019

Agricultural Law Weekly Review —November 28, 2019

Written by:  
Brook Duer—Staff Attorney
Audry Thompson—Research Assistant
The following information is an update of recent local, state, national, and international legal developments relevant to agriculture, which can be found weekly and subscribed to at following web address:

Agricultural Labor: House Judiciary Committee Acts on Farm Workforce Modernization Bill 
On November 20, 2019, the United States House of Representatives’ Judiciary Committee passed out of committee H.R. 5038, titled “Farm Workforce Modernization Act,” by a vote of 18-12.  The passage out of the Judiciary committee is a first step for the bill which was introduced on November 12, 2019, with 25 Democratic and 23 Republican co-sponsors. It remains under consideration in three other House committees.  The bill is the first farm workforce bill to be advanced out of any committee in 2019 and may become a focus of farm workforce efforts in the months to come. It contains provisions for E-verify across the entire agricultural sector, H-2A Temporary Worker Program reform, a pathway to legalization for current unauthorized agricultural workers and an earned residence status for long-term workers. 

Industrial Hemp / Cannabis: Idaho Governor Signs Executive Order, Agencies Issue Rules on Interstate Hemp Transportation 
On November 21, 2019, Idaho Governor Brad Little issued Executive Order 2019-13 allowing the transport of hemp through the state, despite Idaho law declaring cannabis with any THC content illegal.  Idaho also has not authorized in-state industrial hemp production pursuant to either the 2014 or 2018 Farm Bills.  In light of the 2018 Farm Bill provisions prohibiting states from interfering with the transportation of legally-produced hemp through any state, Governor Little said the executive order is needed to temporarily resolve the conflict until state legislators find a permanent solution.  In January, Idaho authorities arrested a truck driver passing through Idaho and seized nearly 7,000 pounds of industrial hemp produced legally in another state.  As a result of the Executive Order, on November 26, 2019, the Idaho Department of Agriculture published a temporary regulation, titled “Rules Governing the Labeling of Hemp Receptacles,” the Director of the Idaho State Police published a temporary regulation titled “Rules Governing Hemp Transportation,” and the Idaho Transportation Department published accompanying driver verfication, shipper verification, and bill of lading forms for use in transporting hemp through Idaho. 

Biofuels: New York Approves E15 for Consumer Sale 
On November 20, 2019, the New York Department of Agriculture and Markets published a Notice of Adoption (Vol. XLI, No. 47, I.D. No. AAM-30-19-00004-A) in the New York State Register, effective upon publication, of its July 2019 proposed rule regarding gasoline-ethanol blends.  Presently, New York only permits the sale of gasoline-ethanol blends of not more than 10% ethanol, by volume.  The new rule, among other things, allows for the sale of two new blend amounts: (a) 15% or less ethanol, and (b) 51% or more ethanol, by volume.  However, to avoid causing “undue marketplace disruptions” and for acclimation to the introduction of E15, the rule does not allow at this time for the sale of “mid-level” blends between 15% and 51% ethanol, by volume.  The rule will also create standards for other types of fuels that do not have them, including ethanol flex fuels, butanol, butanol blends, biodiesel, and biodiesel blends.  New York’s regulatory promulgation process does not entail publishing the exact text but directs requests to

Animal Welfare: Michigan Lt. Gov Signs Bill Setting 2025 Effective Date For “Cage Free Egg” Law  
On November 21, 2019, Michigan Lieutenant Governor Garlin Gilchrist, acting in place of Governor Gretchen Whitmer, signed into law a bill, now known as Act 132 of 2019,  establishing 2025 as the effective date of Michigan’s so-called “cage-free egg” law. This represents the culmination of a long legislative process summarized in last week’s November 21, 2019, Agricultural Law Weekly Review

International Trade: U.S. Announces South Korean Rice Export Market Access Agreement 
On November 19, 2019, USDA and United States Trade Representative Robert Lighthizer announced an agreement with the government of South Korea to provide market access for 132,304 tons of U.S. rice annually (approximately $110 million annually) with an effective date of January 1, 2020.

International Trade: USDA Clarifies Required Beef/Pork Export Reporting
On November 25, 2019, USDA amended its Export Sales Reporting regulations under the Agricultural Trade Act of 1978 by a final rule without notice or comment effective immediately which added a lengthy clarification of the definition of “muscle cuts” of beef and pork for the purposes of legally required weekly export reporting to USDA’s Foreign Agricultural Service.  

From National Ag Law Experts: 
Tiffany Dowell, Enhanced Life Estate Deeds (aka Lady Bird Deeds) (November 22, 2019). 

Penn State Research:
Jeff Mulhollem, Forest farms could create market for ginseng, other herbs (November 25, 2019).

Pennsylvania Department of Agriculture:

Pennsylvania Executive Agencies—Actions and Notices: 
Department of Agriculture
49 Pa.B. 7091 Action of Controlled Plant and Noxious Weed Committee; Addition of Noxious Weeds to Controlled Plants and Noxious Weed List, Notice (November 30, 2019). 
49 Pa.B. 7091 Farm-to-School Grant Program; 2019-2020 Program Guidelines, Notice (November 30, 2019). 

Environmental Hearing Board
49 Pa.B. 7148 Special Meeting [December 4, 2019], Notice (November 30, 2019). 

Pennsylvania Fish and Boat Commission 
49 Pa.B. 7057 Special Regulation Designations, Notice (November 23, 2019). 
49 Pa.B. 7048 Additions to List of Class A Wild Trout Waters, Notice (November 23, 2019). 
49 Pa.B. 7050 Classification of Wild Trout Streams; Additions; October 2019, Notice (November 23, 2019)
49 Pa.B. 7050 Classification of Wild Trout Streams; Proposed Additions and Revisions; January 2020, Notice (November 23, 2019). 
49 Pa.B. 7052 Proposed Changes to List of Class A Wild Trout Waters; January 2020, Notice (November 23, 2019).

State Conservation Commission
49 Pa.B. 7152 Action on Odor Management Plans for Concentrated Animal Operations and Concentrated Animal Feeding Operations and Volunteers Complying with the Commonwealth's Facility Odor Management Program, Notice (November 30, 2019). 

Pennsylvania Legislature
S.B. 314 An Act establishing the Pennsylvania Rural Health Redesign Center Authority and the Pennsylvania Rural Health Redesign Center Fund, Presented to Governor (November 22, 2019).
S.B. 798 An Act amending the act of December 7, 1982 (P.L.784, No.225), known as the Dog Law, in short title and definitions, further providing for definitions; in dangerous dogs, further providing for court proceedings, certificate of registration and disposition and for requirements; and making an editorial change, Re-referred to Appropriations (November 21, 2019).
S.B. 377 An Act amending Title 34 (Game) of the Pennsylvania Consolidated Statutes, in enforcement, further providing for jurisdiction and penalties; and, in game or wildlife protection, further providing for the offense of unlawful taking and possession of protected birds and for endangered or threatened species, First consideration (November 20, 2019). 
H.B. 102 An Act amending Title 34 (Game) of the Pennsylvania Consolidated Statutes, in hunting and furtaking licenses, further providing for eligibility for license, First consideration (November 20, 2019). 
H.B. 617 An Act amending Title 34 (Game) of the Pennsylvania Consolidated Statutes, in hunting and furtaking licenses, providing for a volunteer instructor license, First consideration (November 20, 2019). 
H.R. 605 A Resolution designating the week of February 22 through 29, 2020, as "FFA Week" in Pennsylvania, Reported as committed (November 20, 2019). 
H.B. 881 An Act amending the act of June 18, 1982 (P.L.549, No.159), entitled "An act providing for the administration of certain Commonwealth farmland within the Department of Agriculture," further providing for agricultural land conservation assistance grant program, Removed from table (November 19, 2019). 
H.B. 1234 An Act amending the act of June 2, 1915 (P.L.736, No.338), known as the Workers' Compensation Act, in liability and compensation, further providing for the definitions of "injury," "personal injury" and "injury arising in the course of his employment," providing for diseases with long latency periods between occupational exposure and manifestation of the disease and further providing for liability, Re-reported as committed (November 19, 2019). 
H.B. 1584 An Act amending Title 30 (Fish) of the Pennsylvania Consolidated Statutes, in Pennsylvania Fish and Boat Commission, repealing provisions relating to waterways patrolmen and employees, Laid on table (November 19, 2019). 

Federal Executive Agencies—Actions and Notices:
Agriculture Department 
84 FR 64703 Export Sales Reporting Program Rule (November 25, 2019).

Agricultural Marketing Service 
84 FR 64028 Pecans Grown in the States of Alabama, Arkansas, Arizona, California, Florida, Georgia, Kansas, Louisiana, Missouri, Mississippi, North Carolina, New Mexico, Oklahoma, South Carolina, and Texas; Reporting Requirements,  Proposed Rule—Comment Period (November 20, 2019). 

Animal and Plant Health Inspection Service
84 FR 64821 International Sanitary and Phytosanitary Standard-Setting Activities, Notice (November 25, 2019). 
84 FR 64825 Plants for Planting Whose Importation Is Not Authorized Pending Pest Risk Analysis; Notice of Availability of Data Sheets for Taxa of Plants for Planting That are Quarantine Pests or Hosts of Quarantine Pests, Notice—Comment Period (November 26, 2019). 
84 FR 64414 Swine Health Protection Act; Amendments to Garbage Feeding Regulations, Rule (November 22, 2019)

Economic Development Administration
84 FR 64829 Notice of Petitions by Firms for Determination of Eligibility To Apply for Trade Adjustment Assistance, Notice (November 25, 2019). 

Employment and Training Administration 
84 FR 65189 Comment Request; Form ETA-232, Domestic Agricultural In-Season Wage Report, and Form-232A, Wage Survey Interview Record Notice—Comment Period (November 26, 2019). 

Environmental Protection Agency
84 FR 65152 Submission to OMB for Review and Approval; Comment Request; Pesticide Establishment Application, Notification of Registration, and Pesticide Production Reports for Pesticide-Producing and Device-Producing Establishments (Renewal), Notice—Comment Period (November 26, 2019).
84 FR 64772 Clothianidin; Pesticide Tolerances, Rule—Comments Accepted (November 25, 2019). 
84 FR 64777 Cyflumetofen; Pesticide Tolerances, Rule—Comments Accepted (November 25, 2019). 

Federal Crop Insurance Corporation 
84 FR 64413 Common Crop Insurance Policy Basic Provisions, Rule (November 22, 2019). 
84 FR 64411 Common Crop Insurance Regulations; Rice Crop Insurance Provisions, Rule—Comments Accepted (November 22, 2019). 

Federal Emergency Management Agency
84 FR 64328 Changes in Flood Hazard Determinations, Notice (November 21, 2019). 
84 FR 64331 Proposed Flood Hazard Determinations, Notice—Comment Period (November 21, 2019).
84 FR 64326 Proposed Flood Hazard Determinations, Notice—Comment Period (November 21, 2019).

Fish and Wildlife Service 
84 FR 65080 Endangered and Threatened Wildlife and Plants; Reclassification of the Endangered June Sucker to Threatened With a Section 4(d) Rule, Proposed Rule—Comment Period (November 26, 2019). 
84 FR 65098 Endangered and Threatened Wildlife and Plants; Removal of the Nashville Crayfish From the Federal List of Endangered and Threatened Wildlife, Proposed Rule—Comment Period (November 26, 2019). 
84 FR 65067 Endangered and Threatened Wildlife and Plants; Removing Bradshaw's Lomatium (Bradshaw's lomatium) From the Federal List of Endangered and Threatened Plants, Proposed Rule—Comment Period (November 26, 2019). 
84 FR 64554 Submission to the Office of Management and Budget for Review and Approval; Electronic Federal Duck Stamp Program, Notice—Comment Period (November 22, 2019). 
84 FR 64210 Endangered and Threatened Wildlife and Plants; Threatened Species Status for Meltwater Lednian Stonefly and Western Glacier Stonefly With a Section 4(d) Rule, Rule (November 21, 2019). 
84 FR 64099 Foreign Endangered Species; Wild Bird Conservation Act; Receipt of Permit Applications, Notice—Comment Period (November 20, 2019). 

Food and Drug Administration
84 FR 64528 Preparing a Claim of Categorical Exclusion or an Environmental Assessment for Submission to the Center for Food Safety and Applied Nutrition, Notice—Comment Period (November 22, 2019). 
84 FR 64089 A New Era of Smarter Food Safety; Extension of Comment Period, Notice—Comment Period (November 20, 2019). 
84 FR 64085 Compounding Animal Drugs From Bulk Drug Substances; Draft Guidance for Industry; Availability, Notice—Comment Period (November 20, 2019). 
84 FR 64080 List of Bulk Drug Substances for Compounding Office Stock Drugs for Use in Nonfood-Producing Animals or Antidotes for Food-Producing Animals; Request for Nominations, Notice (November 20, 2019).

Foreign Agricultural Service 
84 FR 64971 McGovern-Dole International Food for Education and Child Nutrition Program, Rule—Comment Period (November 26, 2019). 

Forest Service 
84 FR 64453 Notice of Intent To Grant Exclusive License, Notice—Comment Period (November 22, 2019). 

Labor Department
84 FR 64344 National Agricultural Workers Survey, Notice—Comment Period (November 21, 2019). 

Rural Housing Service 
84 FR 64788 Single Family Housing Direct Loan and Grant Programs, Proposed Rule—Comment Period (November 25, 2019). 

U.S. House Agriculture Committee Actions: 
H.R.5266 To provide for the enhancement of urban agriculture, and for other purposes, Referred to Committees (November 26, 2019). 
H.R.5217 To provide for western water security, reliability, modernization, and abundance, and for other purposes, Referred to the Subcommittee on Water Resources and Environment (November 22, 2019). 
H.R.5218 To direct the Secretary concerned to coordinate with impacted parties when conducting a forest management activity, and for other purposes, Referred to Committees (November 21, 2019). 
H.R.5235 To amend the Food and Nutrition Act of 2008 to require States to include a photograph on electronic benefit cards issued to provide supplemental nutrition assistance program benefits, Referred to the House Committee on Agriculture (November 21, 2019). 
H.R.5174 To amend the Immigration and Nationality Act to provide for a State-sponsored nonimmigrant pilot program, and for other purposes, Referred to Committees (November 19, 2019). 
H.R.5179 To require the Secretary of the Interior to establish Tribal Wildlife Corridors, and for other purposes, Referred to Committees (November 19, 2019). 

U.S. Senate Agriculture, Nutrition, And Forestry Committee Actions: 
S.2933 A bill to amend the Commodity Exchange Act to require a review of current exemptions granted to foreign entities in response to an attempt by a foreign authority to exercise direct supervisory authority over a domestic derivatives clearing organization, Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry (November 21, 2019). 

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