Written by:
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.
Food
Safety: U.S. Customs Agricultural Inspection Workforce Expanded
On March 3, 2020,
President Trump signed into law Senate Bill 2107, now designated as Public Law
No. 116-122, titled “Protecting America's Food and Agriculture Act of 2019.” This
legislation authorizes the U.S. Customs and Border Protection (CBP) to annually
hire up to two-hundred forty (240) and two-hundred (200) new CBP Agriculture
Specialists and CBP Agriculture Technicians respectively. The gross number of
each employee type to be achieved and maintained is determined by an annual calculation
of CBP’s need. The law also provides an
escalating yearly appropriation for federal fiscal years 2020 through 2022 in
order to do so. Authority and an annual
appropriation also are provided for hiring twenty new CBP agriculture canine
teams. The law recites the following Congressional finding: “ Congress finds
that: (1) it is in the national security interest of the United States to
ensure that the Nation’s food supply is sufficiently protected; and (2) a vital
part of such protection is the availability of adequate resources at the border
to conduct inspections of incoming food and agricultural goods.”
Industrial Hemp: 2019 Cannabidiol Comment Period Reopened
Indefinitely
On March 11, 2020, the
U.S. Food and Drug Administration (FDA) published notice that it was reopening indefinitely the initial
public comment period closed in July 2019 regarding
the safety of cannabidiol (CBD). FDA states:
“We are particularly interested in data that may help to address uncertainties
and data gaps related to CBD.” Those are identified as:
· · the
risk of liver injury from CBD;
· toxicities
of some of the active metabolites of CBD;
· impact
of CBD on the male reproductive system; effect of CBD co-administration with
other medicines, alcohol, dietary supplements, tobacco products, and herbal
products;
· impact
on neurological development;
· sedative
effects of CBD;
· transdermal
penetration and pharmacokinetics of CBD;
· clinical
studies to address safety questions related to long-term sustained or
cumulative exposure to CBD;
· long-term
repeated dose toxicity studies;
· clinical
studies on the effect of different routes of CBD administration;
· effect
of CBD on pets and food-producing animals;
· studies
to characterize the potential for bioaccumulation of CBD over long-term
exposure;
· effect
of CBD on the eye.
Biofuels: EPA Receives Extension for
Appealing Adverse Ruling on Renewable Fuel Standard Exemptions
On March 9, 2020, the U.S. Court of
Appeals for the Tenth Circuit (Tenth Circuit) entered an Order granting
the U.S. Environmental Protection Agency’s (EPA) motion for a two-week extension
of time to file a petition for rehearing or rehearing en banc, from March 9,
2020 to March 24, 2020, in the case of Renewable
Fuel Association et al. v. U.S. Environmental Protection Agency, Case
No. 18-9533. This extension gives EPA more time to decide
whether to preserve its appeal rights to the U.S. Supreme Court from the Tenth
Circuit’s January 24, 2020, decision invalidating EPA’s grant of three small
refinery exemptions from the Renewable
Fuel Standard (RFS) biofuel percentage
blending requirements. For more on the
Tenth Circuit’s decision against EPA and its significance, see the January 30,
2020, Agricultural Law Weekly Review item titled “Court
of Appeals Invalidates EPA Grant of Renewable Fuel Standard Waiver.”
Disaster Assistance
Programs: Final Rule Changes Honeybee Loss Compensation Program
On February 26, 2020,
USDA published an immediately effective Final Rule making changes to the
Supplemental Agricultural Disaster Assistance Programs, including the Emergency
Assistance For Livestock, Honeybees and Farm-Raised Fish Program (ELAP). ELAP, among other things,
compensates apiarists engaged in pollination or honey production for the loss
of honeybees by natural disaster or Colony Collapse Disorder (CCD). ELAP now requires a notice of loss to USDA’
Farm Service Agency within fifteen days of when the loss is first apparent to
the producer, instead of the previously-required 30 days. The new rule also specifies that for honeybee
colony losses due to Colony Collapse Disorder (CCD), the participant must
provide a producer certification that the loss was a direct result of at least
3 of the 5 enumerated symptoms of CCD.
Pesticides/Herbicides:
Chlorpyrifos User Input Sought Regarding Potential Pennsylvania Statutory
Ban
On
March 3, 2020, the Pennsylvania Department of Agriculture’s (PDA) Pesticide
Advisory Board met and reported that PDA
is seeking input from
stakeholders on chlorpyrifos use in Pennsylvania in response to House Bill 2091, a bill introduced
in the Pennsylvania General Assembly on December 2, 2019, and currently pending
in the House Agriculture and Rural Affairs Committee that seeks to prohibit
chlorpyrifos use in Pennsylvania sixty days after enactment. Instructions on
submitting input to PDA are here.
From National Ag Law
Authorities & Sources:
Paul Goeringer, Where Are My Syngenta Settlement Payments?
Checks Going Out by Summer 2020 (Hopefully) (Mar. 10, 2020)
Penn State Research
& News:
AGENCY PRESS
RELEASES—STATE/FEDERAL
Pennsylvania
Department of Agriculture Press Releases:
Wolf Administration Hosts Roundtable to Boost
PASS Program Connecting Hungry Families with Farmers’ Excess Food (Mar. 5, 2020).
U.S.
Department of Agriculture Press Releases:
USDA and HHS Announce Dietary Guidelines
Advisory Committee Meeting Will be Held Online (Mar. 9, 2020).
Secretary Perdue Announces Proactive
Flexibilities to Feed Children When Schools Close (Mar. 10, 2020).
STATE
ACTIONS—EXECUTIVE/LEGISLATIVE
Pennsylvania
Executive Agencies—Actions and Notices:
Department of Environmental
Protection
50 Pa.B. 1463 “Aggregate Advisory Board; Regulatory, Legislative and Technical
Committee Meeting,” Notice (Mar. 7, 2020).
50 Pa.B. 1463 “Application Period for Municipal Recycling
Program Performance Grant Applications under Act 101, Section 904 of the
Municipal Waste Planning, Recycling and Waste Reduction Act of 1988; Calendar
Year 2019,” Notice (Mar. 7, 2020).
Applications For
National Pollutant Discharge Elimination System (NPDES) Permits And Water
Quality Management (WQM) Permits” Applications, Actions and Special Notices
(Mar. 7, 2020).
50 Pa.B. 1468 “Planning Grant Award under Section 901 of the
Municipal Waste Planning, Recycling and Waste Reduction Act, Act 101 of 1988,” Notice
(Mar. 7, 2020).
Fish and Boat Commission
Pennsylvania Game
Commission
50 Pa.B. 1372 “58 PA. CODE CH. 135: Hunting and Trapping;
State Game Lands” Proposed Rulemaking (Mar. 7, 2020).
50 Pa.B. 1379 “58 PA. CODE CH. 141: Hunting and Trapping; Big
Game [general]” Proposed Rulemaking (Mar. 7, 2020).
50 Pa.B. 1379 “58 PA. CODE CH. 141: Hunting and Trapping;
Small Game” Proposed Rulemaking (Mar. 7, 2020).
50 Pa.B. 1380 “58 PA. CODE CH. 141: Hunting and Trapping; Big
Game [deer seasons, bear, and elk]” Proposed Rulemaking (Mar. 7, 2020).
50 Pa.B. 1384 “58 PA. CODE CH. 141: Hunting and Trapping;
Furbearers” Proposed Rulemaking (Mar. 7, 2020).
50 Pa.B. 1385 “58 PA. CODE CH. 141: Hunting and Trapping;
Hunting Hours” Proposed Rulemaking (Mar. 7, 2020).
50 Pa.B. 1387 “58 PA. CODE CH. 147: Special Permits; Deer
Control,” Proposed Rulemaking (Mar. 7, 2020).
50 Pa.B. 1387 “58 PA. CODE CH. 147: Special Permits; Mentored
Hunting Program Permit,” Proposed Rulemaking (Mar. 7, 2020).
50 Pa.B. 1390 “58 PA. CODE CH. 147: Special Permits; Guiding
Permit,” Proposed Rulemaking (Mar. 7, 2020).
Pennsylvania
Legislature
H.B. 2329 “An Act amending Title 34 (Game) of the Pennsylvania Consolidated
Statutes, in hunting and furtaking, further providing for interference with
lawful taking of wildlife or other activities permitted by this title
prohibited,” Referred to Game and Fisheries [House] (Mar. 4,
2020).
H.B. 1951 “An Act authorizing senior citizens to claim an exemption from
tax increases as to certain real property; and providing for termination of the
exemption,” Referred to Finance [House] (Mar. 4, 2020).
S.B. 1074 “An Act amending Title 30 (Fish) of the Pennsylvania Consolidated
Statutes, in fishing licenses, further providing for form and expiration of
licenses,” Referred to Game and Fisheries [Senate] (Mar. 5, 2020).
H.B. 1277 “An Act amending Title 42 (Judiciary and Judicial Procedure) of
the Pennsylvania Consolidated Statutes, in facilities and supplies, further
providing for deposits into account,” Referred to Agriculture and Rural
Affairs [Senate] (Mar. 9, 2020).
H. Res. 802 “A Resolution designating the week of May 3 through 9, 2020, as
"Conservation District Week" in Pennsylvania,” Referred to Agriculture
and Rural Affairs [House] (Mar. 10, 2020).
S.B. 1065 “An Act amending the act of March 4, 1971 (P.L.6, No.2), known as
the Tax Reform Code of 1971, in fireworks, further providing for use of
consumer fireworks and for penalties,” Referred to Agriculture and Rural
Affairs [Senate] (Mar. 10, 2020).
FEDERAL
ACTIONS—EXECUTIVE/LEGISLATIVE
Federal Executive
Agencies—Actions and Notices:
Agricultural Department
85 FR 12760 “Notice of Request for Public Comment on Updates to Technical
Guidelines for Quantifying Greenhouse Gas (GHG) Emissions and Carbon
Sequestration at the Entity-Scale for Agriculture and Forestry,” Notice—Comment
Period (Mar. 4, 2020).
85 FR 12886 “Submission for OMB Review; Comment Request; Correction [Foreign
Agricultural Service: USDA Local and Regional Food Aid Procurement Program],” Notice
(Mar. 5, 2020).
85 FR 12886 “Submission for OMB Review; Comment Request [Food Safety and
Inspection Service: Small Meat Processor Survey],” Notice (Mar. 5.
2020).
85 FR 12859 “Supplemental Standards of Ethical Conduct for Employees of the
Department of Agriculture,” Rule (Mar. 5, 2020).
85 FR 13129 “Submission for OMB Review; Comment Request [National Agriculture
Statistics Service: Cotton Ginning Survey],” Notice (Mar. 6,
2020).
85 FR 13622 “Submission for OMB Review; Comment Request [Farm Service Agency:
Organic Certification Cost Share Program],” Notice (Mar. 9, 2020).
85 FR 13857 “Submission for OMB Review; Comment Request [Food and Nutrition
Service: Quality Control Review Schedule],” Notice (Mar. 10,
2020).
Agricultural Marketing
Service
85 FR 12757 “Olives Grown in California; Decreased Assessment Rate,” Proposed
Rule—Comment Period (Mar. 4. 2020).
85 FR 12985 “Changes to Reporting Requirements-Vegetable and Specialty Crop
Import Regulations; and Other Clarifying Changes-Fruit, Vegetable, and
Specialty Crop Import Regulations,” Rule (Mar. 6, 2020).
85 FR 13833 “U.S. Standards for Grades of Grapefruit (Texas and States Other
Than Florida, California, and Arizona), and U.S. Standards for Grades of
Oranges (Texas and States Other Than Florida, California, and Arizona),” Proposed
Rule—Comment Period (Mar. 10, 2020).
Executive Office of the
President
85 FR 12855 “Suspension of Entry as Immigrants and Nonimmigrants of Certain
Additional Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus,” Presidential
Document (Mar. 4, 2020).
85 FR 12977 “Establishment of the Interagency Environment Committee for
Monitoring and Enforcement Under Section 811 of the United States-Mexico-Canada
Agreement Implementation Act,” Presidential Document (Mar. 5,
2020).
Federal Emergency
Management Agency
85 FR 13174 “Commonwealth of the Northern Mariana Islands; Amendment No. 4 to
Notice of a Major Disaster Declaration,” Notice (Mar. 6, 2020).
85 FR 13175 “Puerto Rico; Amendment No. 2 to Notice of a Major Disaster
Declaration,” Notice (Mar. 6, 2020).
85 FR 13175 “Puerto Rico; Amendment No. 3 to Notice of a Major Disaster
Declaration,” Notice (Mar. 6, 2020).
85 FR 13176 “New York; Amendment No. 1 to Notice of a Major Disaster
Declaration,” Notice (Mar. 6, 2020).
Food and Drug
Administration
85 FR 12790 “Agency Information Collection Activities; Proposed Collection;
Comment Request; Current Good Manufacturing Practice Regulations for Medicated
Feeds,” Notice—Comment Period (Mar. 4, 2020).
85 FR 12927 “Purple Book Enhancement; Establishment of a Public Docket;
Request for Comments,” Notice—Comment Period (Mar. 5, 2020).
85 FR 12930 “The “Deemed To Be a License” Provision of the Biologics Price
Competition and Innovation Act: Questions and Answers; Guidance for Industry;
Availability,” Notice (Mar 5, 2020).
85 FR 13840 “Premarket Tobacco Product Applications and Recordkeeping
Requirements; Reopening of the Comment Period,” Proposed Rule—Comment Period
(Mar. 10, 2020).
Justice Department
85 FR 12807 “Notice of Lodging of Proposed Consent Decree Under the Clean
Water Act and the Resource Conservation and Recovery Act,” Notice (Mar.
4, 2020).
Partnerships and Public
Engagement Office
U.S. Codex Office
85 FR 12887 “Codex Alimentarius Commission: Meeting of the Codex Committee on
Food Import and Export Inspection and Certification Systems,” Notice
(Mar. 5, 2020).
85 FR 13622 “Codex Alimentarius Commission: Meeting of the Codex Committee on
Residues of Veterinary Drugs in Foods,” Notice (Mar. 9, 2020).
U.S. House Agriculture
Committee Actions:
S.2107 “Protecting America's Food and Agriculture Act of 2019,” Became
Public Law No: 116-122 (Mar. 3, 2020).
H.Res.742 “Recognizing the continued success of the Food for Peace Act,” Ordered
to be Reported by Voice Vote (Mar. 4, 2020).
H.R.5848 “ASSET Act [To eliminate asset limits employed by certain
federally funded means-tested public assistance programs . . . . ],” Referred
to the Subcommittee on Nutrition, Oversight, and Department Operations
(Mar. 5, 2020).
H.R.5915 “Making Essentials Available and Lawful (MEAL) Act of 2020,” Referred
to the Subcommittee on Nutrition, Oversight, and Department Operations
(Mar. 5, 2020).
H.R.5920 “MONARCH Act of 2020 [To encourage and facilitate efforts by
States and other stakeholders to conserve and sustain the western population of
monarch butterflies . . . .],” Referred to the Subcommittee on Conservation
and Forestry (Mar. 5, 2020).
H.R.6111 “To amend the Agricultural Act of 2014 to allow certain dairy
operations to make a 1-time election to recalculate production history for
purposes of dairy margin coverage,” Referred to the House Committee on
Agriculture (Mar. 5, 2020).
H.R.6154 “To clarify which Federal agencies regulate digital assets, to
require those agencies to notify the public of any Federal licenses,
certifications, or registrations required to create or trade in such assets,
and for other purposes,” Referred to Committee on Financial Services and
Committee on Agriculture (Mar. 9, 2020).
H.R.5986 “Environmental Justice For All Act,” Referred to the
Subcommittee on Crime, Terrorism, and Homeland Security (Mar. 10,
2020).
H.R.6169 “To require the Secretary of the Interior, the Secretary of
Agriculture, and the Assistant Secretary of the Army for Civil Works to
digitize and make publicly available geographic information system mapping data
relating to public access to Federal land and waters for outdoor recreation,
and for other purposes,” Referred to the Committees on Natural Resources,
Agriculture, and Transportation and Infrastructure (Mar. 10, 2020).
H.R.6181 “To prevent the changing of regulations governing the
Supplemental Nutrition Assistance Program, to provide for expanded food
security, and for other purposes,” Referred to the Committees on Natural Resources, Agriculture, and
Transportation and Infrastructure (Mar. 10, 2020).
H.R.6181 “To prevent the changing of regulations governing the
Supplemental Nutrition Assistance Program, to provide for expanded food
security, and for other purposes,” Referred to the House Committee on
Agriculture (Mar. 10, 2020).
H.R.6182 “To amend the Soil and Water Resources Conservation Act of 1977
with respect to assessments of conservation programs, and for other purposes,” Referred
to the House Committee on Agriculture (Mar. 10, 2020).
U.S. Senate Agriculture,
Nutrition, And Forestry Committee Actions:
S.3419 “A bill to amend the Packers and Stockyards Act, 1921, to provide
for the establishment of a trust for the benefit of all unpaid cash sellers of
livestock, and for other purposes,” Read twice and referred to the Committee
on Agriculture, Nutrition, and Forestry (Mar. 9, 2020).
S.3429 “A bill to amend the Soil and Water Resources Conservation Act of
1977 with respect to assessments of conservation programs, and for other
purposes,” Read twice and referred to the Committee on Agriculture,
Nutrition, and Forestry (Mar. 9, 2020).
Mar. 4–Mar. 10, 2020 Top
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