Brook Duer—Staff Attorney
Audry Thompson—Research Assistant
The Agricultural Law Weekly Review provides an
update of recent agricultural law developments from the local, state, national,
and international levels. Subscribe to the ALWR at pennstateaglaw.com.
Industrial Hemp: USDA
Issues its First Approvals of State Hemp Production Plans
On December 27, 2019,
USDA announced the first approvals of six state and/or tribal Hemp Production
Plans submitted pursuant to its October 31, 2019, Interim Final Rule on U.S.
Domestic Hemp Production. Three tribal plans were approved as well as
three state plans -- for Louisiana, New Jersey and Ohio. USDA maintains a web page titled “Status of State and Tribal Hemp Production
Plans for USDA Approval,”
containing status information for 33 states including electronic copies of the
three approved state plans. Seventeen states are listed as “Under
Review:” Alabama, Arizona, Connecticut, Delaware, Georgia, Indiana, Iowa,
Kentucky, Montana, Nebraska, North Dakota, Oregon, Pennsylvania, Tennessee,
Texas, Washington and Wyoming. Eight states are listed as “Drafting a
Plan for USDA Review:” California, Colorado, Florida, Hawaii, Illinois, Utah,
Virginia and West Virginia. Four states
are referenced as “State will continue to operate under the 2014 pilot:” Maine,
Minnesota, Missouri and New Mexico. Maryland’s entry states “Growers will
use the USDA hemp program.” This means
Maryland has chosen to decline state government involvement in hemp production
regulation, a permissible option under the Interim Final Rule.
Industrial Hemp: EPA
Issues Its First Approvals of Pesticides Registered for Hemp Use
On December 20, 2019,
EPA announced that it has approved the first pesticides to be registered for
use on hemp. A link to the list of ten products appears on the EPA’s Pesticide Registration web page, and the link lists the products by registration number,
registration applicant, active ingredients, and product type. Nine of the
listed products are biopesticides, and one is a conventional pesticide. EPA states that, as it receives and processes
additional applications to amend product labels to add hemp use, the list will
be updated.
Industrial Hemp:
USDA Announces New 2020 Crop Insurance Option for Hemp Growers
On December 29, 2019,
USDA’s Risk Management Agency (RMA) announced a new crop insurance option for hemp grown for fiber, grain, or
CBD oil for the 2020 crop year in select counties of 21 states (Alabama,
California, Colorado, Illinois, Indiana, Kansas, Kentucky, Maine, Michigan,
Minnesota, Montana, New Mexico, New York, North Carolina, North Dakota,
Oklahoma, Oregon, Pennsylvania, Tennessee, Virginia, and Wisconsin). This
2020 pilot program coverage will be a form of Multi-Peril Crop Insurance (MPCI)
and will provide Actual Production History (APH) coverage, requiring at least
one prior crop year of hemp production and a production contract with a
confirmed buyer. Hemp that tests over
the legal THC limit will not be considered an insurable loss, and hemp will not
qualify for replant or prevented planting payments. This coverage option
is in addition to the previously-announced Whole-Farm Revenue Protection coverage, which
also will include hemp in 2020.
Food Labeling: USDA Issues
Two New Compliance Guidelines on Meat, Poultry and Egg Labeling
On December 27, 2019,
USDA’s Food Safety and Inspection Service (FSIS) issued an updated version of a compliance guideline
titled “Food Safety and Inspection Service Labeling
Guideline on Documentation Needed to Substantiate Animal
Raising Claims for Label Submissions.”
Public notification of
the updated guideline was simultaneously printed in the Federal Register at 84 FR 71359. A public comment period is offered on only one portion of
the updated guideline, specifically, “comments relevant to clarification
provided in this notice on the label claim “free range” for poultry
products.” The comment period closes on February 25, 2020. In addition, On December 30, 2019, USDA’s FSIS issued an updated version of another compliance
guideline titled “Updated Labeling Guideline on Statements That
Bioengineered or Genetically Modified Ingredients or Animal Feed Were Not Used
in the Production of Meat, Poultry, or Egg Products.” Public notification of the updated
guideline was simultaneously printed in the Federal Register at 84 FR 71890. The issuance of this updated compliance guideline is not
subject to a public comment period. Both of these compliance guidelines
are the product of an initial publication in 2016 and resultant comments and
input received in the interim.
From National Ag Law
Authorities & Sources:
Penn State Research:
Pennsylvania Department
of Agriculture:
Agriculture
Secretary Reminds Dog Owners a 2020 License is the Perfect Stocking Stuffer for
Our Furry Friends
(December 23,
2019).
Secretary
of Agriculture Announces Availability of Realty Transfer Tax Exemption for
Preserved Farm Owners through PA Farm Bill (December 18, 2019).
Pennsylvania Executive
Agencies—Actions and Notices:
Department of
Agriculture
49 Pa.B. 7590 “Temporary Order Designating Dangerous
Transmissible Diseases” Notice (December 28, 2019).
Department of Environmental
Protection
49 Pa.B. 7662 “Environmental Assessment Approval for PENNVEST
Funding Consideration” Notice (December 28, 2019).
49 Pa.B. 7629 “Bid Opportunity [Abandoned Mine Reclamation
Project, Shettleston, Snow Shoe Township, Centre County]” Notice
(December 28, 2019).
Applications for
National Pollutant Discharge Elimination System (NPDES) Permits And Water
Quality Management (WQM) Permits” Notice—Applications (December 28,
2019).
Department of Labor and
Industry
49 Pa.B. 7543 “Public Comment on the Pennsylvania Workforce
Innovation and Opportunity Act Combined State Plan for 2020—2024” Notice (December
21, 2019).
Department of Revenue
Pennsylvania Public
Utility Commission
State Conservation
Commission
49 Pa.B. 7664 “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
(December 28, 2019).
Pennsylvania Legislature
H.B. 1223 “An Act providing for the creation of keystone opportunity dairy
zones to facilitate the economic development of Pennsylvania's dairy industry .
. . .” Referred to Agriculture and Rural Affairs [Senate] (December 26,
2019).
H.B. 1224 “An Act amending the act of April 28, 1937 (P.L.417, No.105),
known as the Milk Marketing Law, in purpose, short title and definitions,
further providing for definitions and construction; in general powers of the
board, providing for coordination with Department of Revenue; and, in prices of
milk, further providing for cooperatives.” Referred to Agriculture and Rural
Affairs [Senate] (December 26, 2019).
H.B. 1348 “An Act providing for limited civil liability for agritourism
activity providers, for notice of limited civil liability and for
acknowledgment of limited civil liability.” Re-reported as committed [House]
(December 18, 2019).
H.B. 1971 “An Act amending the act of May 1, 1984, known as the
Pennsylvania Safe Drinking Water Act, further providing for definitions” Laid
on Table [House] (December 18, 2019).
H.B. 1972 “An Act amending Title 3 (Agriculture) of the Pennsylvania
Consolidated Statutes, in food protection, further providing for rules and
regulations” Laid on Table [House] (December 18, 2019).
H.B. 523 “An Act amending the act of June 13, 1836 (P.L.551, No.169),
referred to as the General Road Law, further providing for repair of private
roads” Removed from Table [House] (December 18, 2019).
S.B. 915 “An Act amending Title 3 (Agriculture) of the Pennsylvania
Consolidated Statutes, repealing provisions relating to fertilizer; providing
for fertilizer; in soil and plant amendment, further providing for disposition
of funds; in seed, further providing for disposition of funds; establishing the
Agronomic Regulatory Account within the General Fund; imposing duties on the
Department of Agriculture; and making conforming amendments” Referred to
Agriculture and Rural Affairs [Senate] (December 18, 2019).
H.B. 2149 “An Act amending the act of October 21, 1988 (P.L.1036, No.116),
known as the Hardwoods Development Council Act, further providing for Hardwoods
Development Council” Referred to Agriculture and Rural Affairs [House]
(December 18, 2019).
H.B. 2148 “An Act amending the act of June 22, 2001 (P.L.390, No.29), known
as the Conservation and Preservation Easements Act, further providing for
purpose of act, for definitions, for creation, transfer and duration; providing
for forest conservation easements; and further providing for judicial and
related actions, for validity, for applicability, for uniformity of application
and construction and for coal interests not affected and notice of mineral
interests required” Referred to Agriculture and Rural Affairs [House] (December
18, 2019).
Federal Executive
Agencies—Actions and Notices:
Agriculture
Department
Agricultural Marketing
Service
84 FR 71829 “Beef Promotion and Research; Reapportionment” Proposed
Rule—Comment Period (December 30, 2019).
84 FR 69295 “Establishment of a Domestic Hemp Production Program” Rule—Comment
Period (December 18, 2019).
Animal and Plant Health
Inspection Service
84 FR 71358 “Addition of Serbia to the List of Regions Affected with African
Swine Fever” Notice (December 27, 2019).
84 FR 71358 “Addition of Burma (Myanmar) to the List of Regions Affected with
African Swine Fever” Notice (December 27, 2019).
Commodity Credit
Corporation
Employment and Training
Administration
84 FR 69773 “Post-Initial Determinations Regarding Eligibility to Apply for
Trade Adjustment Assistance” Notice (December 19, 2019).
84 FR 69774 “Labor Certification Process for the Temporary Employment of
Aliens in Agriculture in the United States: 2020 Adverse Effect Wage Rates for
Non-Range Occupations” Notice (December 19, 2019).
84 FR 69768 “Labor Certification Process for the Temporary Employment of
Aliens in Agriculture in the United States: 2020 Adverse Effect Wage Rate for
Range Occupations” Notice (December 19, 2019).
84 FR 69775 “Investigations Regarding Eligibility to Apply for Worker
Adjustment Assistance” Notice (December 19, 2019).
84 FR 69769 “Notice of Determinations Regarding Eligibility to Apply for
Trade Adjustment Assistance” Notice (December 19, 2019).
Environmental Protection
Agency
84 FR 71407 “Proposed Settlement Agreements, Clean Water Act Claims” Notice—Comment
Period (December 27, 2019).
84 FR 70429 “Fenpropathrin; Pesticide Tolerances for Emergency Exemptions” Rule—Comments
Accepted (December 23, 2019).
84 FR 69741 “Pesticide Registration Review; Interim Decisions for Several
Pesticides and Case Closure for Meat Meal; Notice of Availability” Notice
(December 19, 2019).
Federal Emergency
Management Agency
Fish and Wildlife
Service
84 FR 72380 “Endangered and Threatened Species; Receipt of Recovery Permit
Applications” Notice—Comment Period (December 31, 2019).
84 FR 69762 “Migratory Birds; Double-Crested Cormorant Increased Take Limits
for Depredation Permits in the Central and Eastern United States” Notice
(December 19, 2019).
84 FR 69707 “Endangered and Threatened Wildlife and Plants; Five Species Not
Warranted for Listing as Endangered or Threatened Species” Proposed Rule
(December 19, 2019).
84 FR 69713 “Endangered and Threatened Wildlife and Plants; 90-Day Findings
for Two Species” Proposed Rule (December 19, 2019).
Food and Drug
Administration
84 FR 72230 “Food Labeling: Serving Sizes of Foods That Can Reasonably Be
Consumed at One Eating Occasion, Reference Amounts Customarily Consumed,
Serving Size-Related Issues, Dual-Column Labeling, and Miscellaneous Topics;
Guidance for Industry; Availability” Rule (December 31, 2019).
84 FR 71834 “Cheeses and Related Cheese Products; Proposal To Permit the Use
of Ultrafiltered Milk; Reopening the Comment Period” Proposed Rule—Comment
Period (December 30, 2019).
84 FR 69620 “Listing of Color Additives Exempt From Certification; Soy
Leghemoglobin” Rule (December 19, 2019).
Food and Nutrition
Service
84 FR 70930 “Proposed Collection; Comment Request-Information Collection for
the Child and Adult Care Food Program” Notice—Comment Period (December
26, 2019).
Food and Safety and
Inspection Service
84 FR 71359 “Food Safety and Inspection Service Labeling Guideline on
Documentation Needed To Substantiate Animal Raising Claims for Label
Submission” Notice—Comment Period (December 27, 2019).
84 FR 71890 “Updated Labeling Guideline on Statements That Bioengineered or
Genetically Modified Ingredients or Animal Feed Were Not Used in the Production
of Meat, Poultry, or Egg Products” Notice (December 30, 2019).
Land Management Bureau
National Institute of
Food and Agriculture
84 FR 70493 “Solicitation of Input From Stakeholders on the Federally
Recognized Tribes Extension Program-FRTEP” Notice—Comment Period
(December 23, 2019).
Office of U.S. Trade
Representative
84 FR 72102 “Request for Comments Concerning the Extension of Particular
Exclusions Granted Under the March 2019 Product Exclusion Notice From the $34
Billion Action Pursuant to Section 301: China's Acts, Policies, and Practices
Related to Technology Transfer, Intellectual Property, and Innovation” Notice—Request
for Comment (December 30, 2019).
Rural
Business-Cooperative Service
84 FR 69353 “Notice of Contract Proposals (NOCP) for the 9005 Advanced
Biofuel Payment Program for Fiscal Years 2019 and 2020” Notice (December
18, 2019).
Rural Housing Service
Small Business
Administration
84 FR 69446 “Administrative Declaration of a Disaster for the Commonwealth of
Pennsylvania” Notice (December 18, 2019).
U.S. House Agriculture
Committee Actions:
H.R.5506 “Hawaii Invasive Species Protection Act” Referred to House
Committee on Agriculture (December 19, 2019).
H.R.5430 “United States-Mexico-Canada Agreement Implementation Act” Passed
House (December 19, 2019).
H.R.5174 “State Sponsored Visa Pilot Program Act of 2019” Referred to
the Subcommittee on Immigration and Citizenship [House] (December 19,
2019).
H.Res.775 “Recognizing and honoring Smokey Bear's 75 years of service to
the United States and commitment to preventing unwanted human-caused wildfires
and promoting forest health” Referred to Committee on Agriculture &
Committee on Natural Resources (December 19, 2019).
H.R.5486 “Broadband Internet for Small Ports Act” Referred to Committee
on Agriculture & Committee on Energy and Commerce (December 18,
2019).
H.R.5484 “COLA's Don't Count Act of 2019” Referred to the House
Committee on Agriculture (December 18, 2019).
H.R.5474 “Shawnee Wilderness Designation Act” Referred to Committee on
Agriculture & Committee on Energy and Commerce (December 18,
2019).
U.S. Senate Agriculture,
Nutrition, And Forestry Committee Actions:
S.3141 “A bill to amend the Bill Emerson Good Samaritan Food Donation
Act to clarify and expand food donation, and for other purposes” Read twice
and referred to the Committee on Agriculture, Nutrition, and Forestry (December
19, 2019).
S.3106 “A bill to amend the Forest and Rangeland Renewable Resources
Planning Act of 1974 to promote reforestation following unplanned events on
Federal land, and for other purposes” Read twice and referred to the Committee on Agriculture,
Nutrition, and Forestry (December
19, 2019).
S.3094 “A bill to amend the Rural Electrification Act of 1936 to
authorize the Administrator of the Rural Utilities Service to make
telecommunications grants for the collection of broadband infrastructure data
by local governments, economic development or other community organizations,
electric or telephone cooperatives, and small internet providers, and for other
purposes” Read twice and
referred to the Committee on Agriculture, Nutrition, and Forestry (December 18, 2019).
S.3076 “An original bill to release a federal reversionary interest in
Chester County, Tennessee, to manage certain Federal land in Bath County,
Virginia, and for other purposes” Placed on Senate Legislative Calendar
under General Orders (December 17, 2019).
S.3075 “Shawnee Wilderness Designation Act” Read twice and referred to the Committee on
Agriculture, Nutrition, and Forestry (December 17, 2019).
December 18-31, 2019 Top
Tweets:
“White
House says it is sticking with 2020 biofuel plan, despite farmer objections” (December 18, 2019)
“Survey:
How do consumers feel about cell cultured meat and dairy minus the cows?” (December 13, 2019)
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