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.
Invasive Species:
Pennsylvania Spotted Lanternfly Quarantine Order Expanded
On March 3, 2020, the
Pennsylvania Department of Agriculture announced that, effective March 2, 2020, the following twelve counties have
been added by amendment to the geographic scope, and are therefore now subject to the
requirements, of the Spotted Lanternfly Quarantine Order of May 26, 2018: Allegheny, Beaver, Blair,
Columbia, Cumberland, Huntingdon, Juniata, Luzerne, Mifflin, Northumberland,
Perry, and York. The amendment will be published in the Pennsylvania
Bulletin on March 14, 2020.
Industrial Hemp: USDA
Approves Three More State Hemp Production Plans, Including Pennsylvania
On February 26, 2020,
and again on March 3, 2020, USDA’s Agricultural Marketing Service (AMS) updated
its official web-based listing of the status of state and tribal hemp production
plans submitted for approval
as required by the 2018 Farm Bill provisions and the October 31, 2019, Interim Final Rule on
Domestic Hemp Production Program. On February 26, 2020, Washington and Wyoming plans were listed as approved and on March 3, 2020, Pennsylvania’s plan was listed as approved. Nine state plans have now
been approved, of the total of forty-five states listed. However,
seventeen states are now listed as “continuing to operate under the 2014 pilot”
which means they will not need to submit or receive USDA approval of a state
plan at this time.
Industrial Hemp: USDA
Announces Two-Year Enforcement Delay of Two State Hemp Production Plan
Requirements
On February 27, 2020,
USDA’s Agricultural Marketing Service (AMS) announced by press release the issuance of “guidance,” titled Enforcement Discretion - Interim Final Rule,” in which USDA states it will delay
enforcement of the following requirements contained in the October 31, 2019, Interim Final Rule on
Domestic Hemp Production Program: (a) that THC testing labs be registered by the Drug Enforcement
Administration (DEA); and (b) that producers use a DEA-registered reverse
distributor or law enforcement to dispose of non-compliant plants. Enforcement
is stated to be delayed starting with the 2020 crop year and until Oct. 31,
2021, or the final rule is published, whichever comes first. A separate AMS webpage devoted to acceptable disposal
methods illustrates plowing
under, mulching/composting, disking, bush mower/chopper, deep burial and
burning. There is no indication that the guidance text will be published
in the Federal Register or appear anywhere in an official government repository
of regulatory documents.
Industrial Hemp: Ohio
Opens 2020 Hemp License Application Period
On March 2, 2020, the
Ohio Department of Agriculture announced that it would begin accepting license applications on March 3, 2020, for industrial hemp
cultivators and processors located in Ohio for the 2020 growing season.
Ohio’s state hemp production plan was approved by USDA on December 27, 2019, and became effective on
January 29, 2020.
Water Quality: Ohio
Federal Court Finds Lake Erie Bill of Rights to be Unconstitutional
On February 27, 2020,
the U.S. District Court for the Northern District of Ohio ruled that an
amendment to the City of Toledo’s municipal code, adopted by referendum vote in
a February 2019 special election, titled “Lake Erie Bill of Rights” (LEBOR),
is unconstitutionally vague under the U.S. Constitution’s Fourteenth Amendment
and exceeds the legal authority of Ohio municipalities, rendering it invalid in
its entirety. Drewes Farm Partnership and State of Ohio v.
City of Toledo, Case No. 3.19 CV 434
(USDC ND Ohio). LEBOR granted rights to the City of Toledo and any Toledo resident
to, for example, file a lawsuit on behalf of the lake against any agricultural producer located in any portion of
Lake Erie’s watershed, including neighboring states and Canada, for contributing to nutrient run-off into Lake
Erie. The remedy authorized by LEBOR is simply stated as “the maximum fine allowable
under State law.”
Securities Fraud:
Trickling Springs Creamery Owner Pleads Guilty to Federal Felonies
On February 27, 2020, U.S.
Attorney for the Eastern District of Pennsylvania announced that Philip Elvin Riehl, majority owner of Trickling Springs
Creamery, LLC, located in Chambersburg, Pennsylvania, pled guilty to three
federal criminal felony charges. The crimes are: (a) conspiracy to commit
securities and wire fraud; (b) securities fraud; and (c) wire fraud. United States v. Philip Elvin Riehl, No. 20-048 (USDC ED PA). According to the U.S. Attorney’s
announcement, “Riehl, a Berks County–based accountant, fraudulently solicited
tens of millions of dollars in investments, from his accounting clients and
others who are mostly Mennonite or Amish, into an investment program that he
operated. Riehl then diverted funds from the program to Trickling Springs
Creamery, LLC, a Franklin County–based creamery of which he was the majority
owner. Riehl also fraudulently solicited direct investments in Trickling
Springs Creamery. [. . .] Investor losses are estimated to be around $60
million, making this one of the largest Pennsylvania-based Ponzi schemes
ever.” Riehl was released on $250,000 bond pending sentencing scheduled
for June 5, 2020. According to the
Guilty Plea Agreement, the maximum jail term is 45 years and forfeiture of all
Riehl’s assets, in the amount of $59,688,297.97, shall be ordered to satisfy restitution
in the same amount.
From National Ag Law Authorities & Sources:
Roger A. McEowen, “Reversion to Agricultural Use Classification Not a Taking” (March 3, 2020).
Roger A. McEowen, “Reversion to Agricultural Use Classification Not a Taking” (March 3, 2020).
Penn State Research & News:
Jeff Mulhollem, Holstein steers given hormone implants grow as
well as beef steers
(Feb. 13, 2020).
Farmers in four PA counties encouraged to document conservation practices: Survey to highlight steps taken to protect water quality in the Chesapeake Bay watershed (Feb. 26, 2020).
Farmers in four PA counties encouraged to document conservation practices: Survey to highlight steps taken to protect water quality in the Chesapeake Bay watershed (Feb. 26, 2020).
AGENCY PRESS
RELEASES—STATE/FEDERAL
Pennsylvania
Department of Agriculture Press Releases:
Secretary of Agriculture Promotes PA Farm Bill
Ag and Youth Investments, Highlights Greenwood FFA Program (Feb. 27, 2020).
Department of Agriculture Adds 12 Counties to
Pennsylvania’s Spotted Lanternfly Quarantine (Mar. 3, 2020).
U.S.
Department of Agriculture Press Releases:
USDA Invests $19 Million in Broadband for
Rural Texas Communities (Feb. 28, 2020).
USDA Invests $28 Million in Broadband for
Rural Virginia Communities (Feb. 28, 2020).
Secretary Perdue Directs USDA Fleet to
Increase Biofuels Usage, Announces Notice of Funding for Biofuels
Infrastructure Program (Feb. 28, 2020).
USDA Opens Wildfires and Hurricane Indemnity
Program Plus (WHIP+)
(Feb. 28, 2020).
USDA Completes Environmental Assessment to
Allow Field Testing of Poultry Vaccine for Two Diseases (Feb. 26, 2020).
APHIS Publishes Criteria for Recognizing
Livestock Compartments (Feb. 28, 2020).
USDA Provides $1 Million to Oregon to Support
Projects that Protect Agriculture and Natural Resources (Mar. 2, 2020).
USDA Provides $1.2 Million to Maryland to
Support Projects that Protect Agriculture and Natural Resources (Mar. 2, 2020).
USDA Provides $1.4 Million to Pennsylvania to
Support Projects that Protect Agriculture and Natural Resources (Mar. 2, 2020).
USDA Provides $1.6 Million to New York to
Support Projects that Protect Agriculture and Natural Resources (Mar. 2, 2020).
USDA Provides $1.7 Million to North Carolina
to Support Projects that Protect Agriculture and Natural Resources (Mar. 2, 2020).
USDA Provides $1.8 Million to Massachusetts to
Support Projects that Protect Agriculture and Natural Resources (Mar. 2, 2020).
USDA Provides $1.9 Million to Washington State
to Support Projects that Protect Agriculture and Natural Resources (Mar. 2, 2020).
USDA Provides $5 Million to Texas to Support
Projects that Protect Agriculture and Natural Resources (Mar. 2, 2020).
USDA Provides Funding to Nebraska to Support
Projects that Protect Agriculture and Natural Resources (Mar. 2, 2020).
USDA Provides $12.7 Million to California to
Support Projects that Protect Agriculture and Natural Resources (Mar. 2, 2020).
USDA Provides $4 Million to Florida to Support
Projects that Protect Agriculture and Natural Resources (Mar. 2, 2020).
USDA Provides Almost $70 Million in Fiscal
Year 2020 to Protect Agriculture and Natural Resources from Plant Pests and
Diseases (Mar. 2, 2020).
STATE ACTIONS—EXECUTIVE/LEGISLATIVE
Pennsylvania
Executive Agencies—Actions and Notices:
Department of
Environmental Protection
50 Pa.B. 1249 “Applications for National Pollutant Discharge
Elimination System (NPDES) Permits and Water Quality Management (WQM) Permits” Applications,
Actions and Special Notices (Feb. 29, 2020).
50 Pa.B. 1311 “Sewage Advisory Committee Meeting Rescheduled
[Wednesday, June 17, 2020],” Notice (Feb. 29, 2020).
Fish and Boat Commission
50 Pa.B. 1247 “Fishing; General Fishing Regulations,” Proposed
Rulemaking (Feb. 29, 2020).
State Conservation
Commission
50 Pa.B. 1332 “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 (Feb. 29, 2020).
Pennsylvania
Legislature
H.Res 785 “[D]esignating the month of April 2020 as ‘Prevention of Cruelty
to Animals Month’ in Pennsylvania,” Referred to Agriculture and Rural
Affairs (Feb. 28, 2020).
FEDERAL
ACTIONS—EXECUTIVE/LEGISLATIVE
Federal Executive
Agencies—Actions and Notices:
Agricultural Department
85 FR 11045 “Submission for OMB Review; Comment Request [Rural Economic
Development Loan and Grant Program],” Notice (Feb. 26, 2020).
85 FR 11331 “Submission for OMB Review; Comment Request [Forest Service:
Cooperative Wildland Fire Management and Stafford Act Response Agreements,” Notice
(Feb. 27, 2020).
85 FR 11332 “Submission for OMB Review; Comment Request [Foreign Agricultural
Service: USDA Local and Regional Food Aid Procurement Program],” Notice
(Feb. 27, 2020).
Agricultural Marketing
Service
85 FR 11312 “Olives Grown in California; Proposed Amendments to the Marketing
Order No. 932 and Referendum Order,” Proposed Rule (Feb. 27,
2020).
85 FR 11330 “Vegetable and Specialty Crop Marketing Orders; Notice of Request
for Extension and Revision of a Currently Approved Information Collection,” Notice—Comment
Period (Feb. 27, 2020).
85 FR 11830 “Tart Cherries Grown in the States of Michigan, et al.; Decreased
Assessment Rate,’ Rule (Feb. 28, 2020).
85 FR 12494 “National Research, Promotion, and Consumer Information Programs;
Request for Extension and Revision of a Currently Approved Information
Collection [National Sheep Improvement Center; Soybean Promotion, Research, and
Consumer Information; Beef Promotion and Research; Amendments To Allow
Redirection of State Assessments to the National Program],” Notice—Comment
Period (Mar. 3, 2020).
Alcohol and Tobacco Tax
and Trade Bureau
85 FR 11894 “Proposed Establishment of the Verde Valley Viticultural Area,” Proposed
Rule—Comment Period (Feb. 28, 2020).
Animal and Plant Health
Inspection Service
85 FR 11045 “Availability of an Environmental Assessment for Field Testing of
a Vaccine for Use Against Bursal Disease and Marek's Disease,” Notice—Comment
Period (Feb. 26, 2020).
85 FR 11833 “Establishment of Regulations for the Evaluation and Recognition
of the Animal Health Status of Compartments,” Rule (Feb. 28, 2020).
85 FR 12207 “Lacey Act Implementation Plan: De Minimis Exception,” Rule
(Mar. 2, 2020).
85 FR 12250 “Notice of Availability of an Environmental Assessment;
Cogongrass Control Efforts in Alabama, Georgia, Mississippi, and South
Carolina,” Notice (Mar. 2, 2020).
85 FR 12495 “Notice of Request for Revision to and Extension of Approval of
an Information Collection; Swine Health Protection,” Notice—Comment Period
(Mar. 3, 2020).
85 FR 12441 “Importation of Phalaenopsis Spp. Orchid Plants for Planting in
Approved Growing Media From the Republic of Costa Rica Into the United
States,” Proposed Rule—Comment Period (Mar. 3, 2020).
Commodity Credit
Corporation
85 FR 10959 “Supplemental Agricultural Disaster Assistance Programs,” Rule
(Feb. 26, 2020).
85 FR 11946 “Announcement of Future Competitive Grant Funds Availability for
Higher Blends Infrastructure Incentive Program (HBIIP) for Fiscal Year 2020,” Notice
(Feb. 28, 2020).
85 FR 12213 “Noninsured Crop Disaster Assistance Program,” Rule (Mar.
2, 2020).
Delaware River Basin
Commission
85 FR 12276 “Adjudicatory Hearing and Additional Written Comment Period
[Gibbstown Logistics Center Dock 2],” Notice—Comment Period (Mar. 2,
2020).
Environmental Protection
Agency
85 FR 12224 “On-Site Civil Inspection Procedures,” Rule (Mar. 2,
2020).
85 FR 12244 “EPA Plan for the Federal Certification of Applicators of
Restricted Use Pesticides Within Indian Country; Proposed Revisions; Notice of
Availability and Request for Comment,” Proposed Rule—Comment Period
(Mar. 2, 2020).
85 FR 12288 “National Pollutant Discharge Elimination System (NPDES) 2020
Issuance of the Multi-Sector General Permit for Stormwater Discharges
Associated with Industrial Activity,” Notice—Comment Period (Mar. 2,
2020).
85 FR 12285 “Pesticide Experimental Use Permit; Receipt of Application;
Comment Request [lavandulyl senecioate],” Notice (Mar. 2, 2020).
85 FR 12285 “Pesticide Product Registration; Receipt of Applications for New
Uses (December 2019),” Notice—Comment Period (Mar. 2, 2020).
85 FR 12287 “Pesticide Product Registration; Receipt of Applications for a
New Active Ingredient (December 2019) [Repellent—Sheep fat],” Notice—Comment
Period (Mar. 2, 2020).
85 FR 12553 “Pesticide Product Registration; Receipt of Applications for New
Uses (January 2020),” Notice—Comment Period (Mar. 3, 2020).
85 FR 12551 “Pesticide Product Registration; Receipt of Applications for New
Active Ingredients,” Notice—Comment Period (Mar. 3, 2020).
85 FR 12552 “National Water Reuse Action Plan: Collaborative Implementation
(Version 1),” Notice (Mar. 3, 2020).
85 FR 12454 “Receipt of a Pesticide Petition Filed for Residues of Pesticide
Chemicals in or on Various Commodities (January 2020),” Proposed
Rule—Comment Period (Mar. 3, 2020).
Executive Office of the
President
85 FR 11273 “Developing and Delivering More Water Supplies to California,” Presidential
Document (Feb. 26, 2020). [see “Department of Interior Directs Water
Increase to California Central Valley,” Agricultural Law Weekly Review - February 28,
2020]
Federal Emergency
Management Agency
85 FR 11295 “Suspension of Community Eligibility [Alabama],” Rule
(Feb. 27, 2020).
85 FR 11378 “Changes in Flood Hazard Determinations [AL, CO, FL, LA, NC, SC,
TX],” Notice (Feb. 27, 2020).
85 FR 11377 “Proposed Flood Hazard Determinations [Iowa, Nebraska],” Notice
(Feb. 27, 2020).
85 FR 12571 “Changes in Flood Hazard Determinations [AZ, CA, FL, ID, IL, NV,
TX, WI],” Notice (Mar. 3, 2020).
Fish and Wildlife
Service
85 FR 11238 “Endangered and Threatened Wildlife and Plants; Designation of
Critical Habitat for Black Pinesnake,” Rule (Feb. 26, 2020).
85 FR 11098 “Endangered and Threatened Wildlife and Plants; Draft Recovery
Plan for the Eastern Massasauga Rattlesnake,” Notice—Comment Period
(Feb. 26, 2020).
85 FR 11096 “Endangered and Threatened Species; Receipt of Recovery Permit
Applications,” Notice—Comment Period (Feb. 26, 2020).
85 FR 12323 “Endangered and Threatened Species; Receipt of Recovery Permit
Applications [Rusty patched bumble bee, Gray bat, Northern long-eared bat,
Ozark big-eared bat, Virginia big-eared bat, Indiana bat],” Notice—Comment
Period (Mar. 2, 2020).
Food and Drug
Administration
85 FR 11369 “Standardized Medicated Feed Assay Limits; Draft Guidance for
Industry; Availability,” Notice—Comment Period (Feb. 27, 2020).
85 FR 11893 “Laboratory Accreditation for Analyses of Foods; Extension of
Comment Period,” Proposed Rule—Comment Period (Feb. 28, 2020).
Forest Service
85 FR 11041 “Conveyance of Small Tracts,” Proposed Rule—Comment Period
(Feb. 26, 2020).
National Institute of
Food and Agriculture
85 FR 12252 “Notice of Intent for Reinstatement, Without Change, of a
Previously Approved Information Collection for Which Approval Has Expired
[Children, Youth, and Families at Risk],” Notice—Comment Period (Mar. 2,
2020).
85 FR 12251 “Solicitation of Input From Stakeholders on Agency Services,” Notice
(Mar. 2, 2020).
National Labor Relations
Board
85 FR 11184 “Joint Employer Status Under the National Labor Relations Act,” Rule
(Feb. 26, 2020).
Rural
Business-Cooperative Service
85 FR 11947 “Notice of Solicitation of Applications (NOSA) for the Strategic
Economic and Community Development Program for Fiscal Year (FY) 2020,” Notice—Comment
Period (Feb. 28, 2020).
U.S. Codex Office
85 FR 11047 “Codex Alimentarius Commission: Meeting of the Codex Committee on
Contaminants in Foods,” Notice (Feb. 26, 2020).
85 FR 11046 “Codex Alimentarius Commission: Meeting of the Codex Committee on
Pesticide Residues,” Notice (Feb. 26, 2020).
U.S. House Agriculture
Committee Actions:
S.2107 “Protecting America's Food and Agriculture Act of 2019,” Presented
to President (Feb. 20, 2020).
H.R.5435 “American Public Lands and Waters Climate Solution Act of 2019,” Committee
Hearings Held (Feb. 26, 2020).
H.R.5859 “Trillion Trees Act,” Committee Hearings Held (Feb. 26,
2020).
H.R.5986 “To restore, reaffirm, and reconcile environmental justice and
civil rights, provide for the establishment of the Interagency Working Group on
Environmental Justice Compliance and Enforcement, and for other purposes,” Referred
to Committees on Energy and Commerce; Natural Resources; the Judiciary;
Transportation and Infrastructure; Agriculture; and Education and Labor
(Feb. 27, 2020).
H.R.5998 “To make the National Parks and Federal Recreational Lands Pass
available at no cost to members of Gold Star Families,” Referred to
Committees on Natural Resources and Committee on Agriculture (Feb. 27,
2020).
H.R.6023 “To amend the Food Security Act of 1985 to require the
designation of composting as a conservation practice and conservation activity,
and for other purposes,” Referred to House Committee on Agriculture (Feb.
28, 2020).
H.Res.882 “Recognizing the importance of the blueberry industry to the
United States of America and supporting the designation of July 2020 as
‘National Blueberry Month,’” Referred to the House Committee on Agriculture
(Mar. 2, 2020).
H.R.6067 “To amend the Packers and Stockyards Act, 1921, to provide for
the establishment of a trust for the benefit of unpaid cash sellers of
livestock, and for other purposes,” Referred to the House Committee on
Agriculture (Mar. 3, 2020).
U.S. Senate Agriculture,
Nutrition, And Forestry Committee Actions:
S.3357 “A bill to amend the Child Nutrition Act of 1966 to enhance State
efforts to cross-enroll participants to improve nutritional outcomes for
pregnant women, postpartum women, and young children, and for other purposes,” Read
twice and referred to the Committee on Agriculture, Nutrition, and Forestry
(Feb. 27, 2020).
S.3354 “A bill to amend the Child Nutrition Act of 1966 to establish a
community health partnership grant program,” Read twice and referred to the
Committee on Agriculture, Nutrition, and Forestry (Feb. 27, 2020).
Follow us on Twitter @AgShaleLaw to receive #AgLaw HotLinks
Feb. 26–Mar. 3, 2020 Top
#AgLaw links:
“Farmers wait for China purchases,” Feedstuffs
“One year into 'soda tax,' researchers find
law did not affect sugary-beverage consumption,” EurekAlert!
“Bayer Chairman Steps Down in Midst of Roundup
Legal Battle,” The Wall Street Journal
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