Monday, April 20, 2020

Agricultural Law Weekly Review—April 16, 2020

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

Avian Influenza: Highly Pathogenic Avian Influenza Detected in South Carolina: On April 9, 2020, USDA Animal & Plant Health Inspection Service (APHIS) announced the confirmed presence of H7N3 highly pathogenic avian influenza (HPAI) in a commercial turkey flock in Chesterfield County, South Carolina.  APHIS stated that there is no immediate human health concern.  A report issued by APHIS to the World Organization for Animal Health (OIE) states that 34,160 turkeys were “suspectible,” 1,583 died, and 32,577 were culled.  APHIS also stated that this is the first confirmed case of HPAI in commercial poultry in the United States since 2017, and it appears that this HPAI strain mutated from a low-pathogenic strain that had recently been found in poultry in the affected area.
Dairy Policy: Virginia Governor Vetoes Milk Misbranding Bill: On April 11, 2020, Virginia Governor Ralph Northam vetoed a bill (HB 119) passed by the Virginia General Assembly on March 12, 2020, that would have defined milk as the lacteal secretions of enumerated mammals and rendered plant-based “milk” misbranded under Virginia law. 
Biofuels: Tenth Circuit Dismisses Refiners’ Requests for Rehearing: On April, 7, 2020, the U.S. Court of Appeals for the Tenth Circuit (Tenth Circuit), entered its final order in Renewable Fuel Association et al. v. U.S. Environmental Protection Agency, et al.. Case No. 18-9533, dismissing a request for rehearing, and therefore making final the invalidation of the U.S.  Environmental Protection Agency’s (EPA) process for granting small refinery exemptions (SREs) from the Renewable Fuel Standard (RFS) biofuel percentage blending requirements.  Any further appeal must be filed within 90 days to the U.S. Supreme Court.  For more background, see the March 26, and January 30, 2020, Agricultural Law Weekly Review items titled, EPA Elects Not to Appeal Adverse Ruling on Legality of Renewable Fuel Standard Small Refinery Exemptions, and  “Court of Appeals Invalidates EPA Grant of Renewable Fuel Standard Waivers,” respectively. 
From National Ag Law Authorities & Sources: 

Penn State Research & News:

AGENCY PRESS RELEASES—STATE/FEDERAL
Pennsylvania Department of Agriculture Press Releases:
No new announcements April 9–15, 2020

U.S. Department of Agriculture Press Releases:

STATE ACTIONS—EXECUTIVE/LEGISLATIVE
Pennsylvania Executive Agencies—Actions and Notices: 
Fish and Boat Commission
50 Pa.B. 2064 “Lake Erie Commercial Fishing—2020,” Notice (April 11, 2020).
50 Pa.B. 2065 “Lake Erie Creel Limits for Walleye and Yellow Perch—2020,” Notice (April 11, 2020).

Governor’s Office
50 Pa.B. 2010 “Proclamation; House Bill No. 1100, Printer's No. 3259” (April 11, 2020).
50 Pa.B. 2010 “Notice of Veto; House Bill 1100, Printer's No. 3259” (April 11, 2020).

Pennsylvania Legislature
H.B.2390 “An Act amending Title 3 (Agriculture) of the Pennsylvania Consolidated Statutes, in retail food facility safety, prohibiting return of groceries and other foodstuffs during COVID-19 disaster emergency.” Referred to Agriculture and Rural Affairs [House] (April 7, 2020).
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.” Re-referred to Appropriations[Senate] (April 7, 2020).
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 the table [House] (April 7, 2020).
H.B. 1971 “An Act amending the act . . . known as the Pennsylvania Safe Drinking Water Act, further providing for definitions.” Laid on the table [House] (April 7, 2020).
H.B. 1403 “An Act repealing the . . . act to encourage the planting of trees along the roadsides of this Commonwealth, and providing a penalty for killing, removing or injuring the same . . . .” Removed from table [House] (April 7, 2020). 
H.B. 881 “An Act amending the act . . . 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.” Re-reported as committed [House] (April 7, 2020).

FEDERAL ACTIONS—EXECUTIVE/LEGISLATIVE
Federal Executive Agencies—Actions and Notices: 
Agricultural Department
85 FR 19920 “Submission for OMB Review; Comment Request [Soil Health in Texas],” Notice (April 9, 2020).

Agricultural Marketing Service
85 FR 19651 “Pecans Grown in the States of [AL, AR, CA, FL, GA, KS, LA, MO, MS, NC, NM, OK, SC, and TX], Changes to Reporting Requirements” Rule (April 8, 2020).
85 FR 20202 “Walnuts Grown in California; Hearing on Proposed Amendment of Marketing Order No. 984; Correction,” Proposed Rule (April 10, 2020).

Alcohol and Tobacco Tax and Trade Bureau
85 FR 20423 “Modernization of the Labeling and Advertising Regulations for Wine, Distilled Spirits, and Malt Beverages,” Rule (April 13, 2020).

Animal and Plant Health Inspection Service
85 FR 20974 “Availability of an Environmental Assessment for Field Testing of a Clostridium Perfringens Type A Vaccine, Live Salmonella Vector,” Notice—Comment Period (April 15, 2020).
85 FR 20975 “Decision To Authorize the Importation of Fresh Citrus From China Into the Continental United States,” Notice (April 15, 2020).

Employment and Training Administration
85 FR 21022 “Agency Information Collection Activities; Comment Request [DOL-ETA: Extension Without Changes, American Apprenticeship Initiative Grants],” Notice—Comment Period (April 15, 2020).

Environmental Protection Agency
85 FR 19668 “Pennsylvania; Allegheny County Administrative Revisions to Definitions, Remedies, and Enforcement Orders Sections and Incorporation by Reference of National Ambient Air Quality Standards,” Rule (April 8, 2020).
85 FR 20910 “Receipt of a Pesticide Petition Filed for Residues of Pesticide Chemicals in or on Various Commodities (February 2020),” Proposed Rule—Comment Period (April 15, 2020).

Farm Credit Administration
85 FR 20586 “Organization and Functions; Farm Credit Administration Board Meetings,” Rule (April 14, 2020).

Farm Service Agency
85 FR 19920 “Information Collection Requests; Farm Programs: Disaster Assistance-General, Transfer of Records Between Counties, and Customer Data Worksheet Request for Business Partner Record,” Notice—Comment Period (April 9, 2020).

Federal Emergency Management Agency
85 FR 20703 “California; Major Disaster and Related Determinations,” Notice (April 14, 2020).
85 FR 20700 “Florida; Major Disaster and Related Determinations,” Notice (April 14, 2020).
85 FR 20703 “Illinois; Major Disaster and Related Determinations,” Notice (April 14, 2020).
85 FR 20704 “Iowa; Major Disaster and Related Determinations,” Notice (April 14, 2020).
85 FR 20701 “Louisiana; Major Disaster and Related Determinations,” Notice (April 14, 2020).
85 FR 20700 “New Jersey; Major Disaster and Related Determinations,” Notice (April 14, 2020).
85 FR 20702 “New York; Major Disaster and Related Determinations,” Notice (April 14, 2020).
85 FR 20701 “North Carolina; Major Disaster and Related Determinations,” Notice (April 14, 2020).
85 FR 20699 “Texas; Major Disaster and Related Determinations,” Notice (April 14, 2020).
85 FR 20704 “Washington; Major Disaster and Related Determinations,” Notice (April 14, 2020).

Federal Reserve System
85 FR 20387 “Regulatory Capital Rule: Paycheck Protection Program Lending Facility and Paycheck Protection Program Loans,” Rule—Comment Period (April 13, 2020).

Fish and Wildlife Service
85 FR 19770 “Endangered and Threatened Species; Receipt of Recovery Permit Applications,” Notice—Comment Period (April 8, 2020).
85 FR 19952 “Migratory Bird Hunting; Service Regulations Committee and Flyway Council Meetings,” Notice (April 9, 2020).
85 FR 20030 “2020-2021 Station-Specific Hunting and Sport Fishing Regulations,” Proposed Rule—Comment Period (April 9, 2020).
85 FR 20967 “Endangered and Threatened Wildlife and Plants; Revision to the Nonessential Experimental Population of the Mexican Wolf (Canis lupus baileyi),” Proposed Rule—Comment Period (April 15, 2020).
85 FR 21019 “Endangered and Threatened Species; Receipt of Recovery Permit Applications,” Notice—Comment Period (April 15, 2020).

Food and Drug Administration
85 FR 20891 “Cheeses and Related Cheese Products; Proposal To Permit the Use of Ultrafiltered Milk; Reopening the Comment Period,” Proposed Rule—Comment Period (April 15, 2020).

International Trade Commission
85 FR 19955 “Certain Food Processing Equipment and Packaging Materials Thereof; Commission Determination Not To Review an Initial Determination Finding a Violation of Section 337; Request for Written Submissions on Remedy, the Public Interest, and Bonding,” Notice (April 9, 2020).

Reclamation Bureau
85 FR 20463 “Off-Road Vehicle Use,” Proposed Rule—Comment Period (April 13, 2020).

Rural Utilities Service
85 FR 19655 “Rural Development Guarantee Loan Servicing Flexibilities To Address Coronavirus 2019 Impacts,” Rule (April 8, 2020). 
85 FR 20240 “Broadband Pilot (ReConnect) Program [additional grants],” Notice (April 10, 2020). 

Small Business Administration
85 FR 20015 “Disaster Declarations of Economic Injury for the Coronavirus (COVID-19); Administrative Declarations of Economic Injury Disasters for the Entire United States and U.S. Territories,” Notice (April 9, 2020).
85 FR 20811 “Business Loan Program Temporary Changes; Paycheck Protection Program,” Rule—Comment Period (April 15, 2020). 

Trade Representative, Office of United States
85 FR 20017 “Fiscal Year 2020 Allocation of Additional Tariff-Rate Quota Volume for Raw Cane Sugar and Refined Sugar,” Notice (April 9, 2020).

U.S. Codex Office
85 FR 20239 “Codex Alimentarius Commission: Meeting of the Codex Committee on Processed Fruits and Vegetables [May 5, 2020],” Notice (April 10, 2020). 

Wage and Hour Division
85 FR 20723 “Agency Information Collection Activities; Comment Request; Information Collections: Paid Leave Under the Families First Coronavirus Response Act,” Notice (April 14, 2020).

U.S. House Agriculture Committee Actions: 
H.R.6510 “To require the Secretary of Agriculture to expand for all the States during the COVID-19 public health emergency declared under section 319 of the Public Health Service Act, the program to approve retail food stores to accept through on-line transactions supplemental nutrition assistance program benefits provided under the Food and Nutrition Act of 2008.” Referred to House Committee on Agriculture (April 14, 2020).
H.Res.922 “Expressing the sense of the House of Representatives that all nations should permanently close live wildlife markets and that the People's Republic of China should cease spreading disinformation regarding the origins of coronavirus.” Referred to Committees on Foreign Affairs, Natural Resources, Agriculture, and Energy and Commerce. (April 14, 2020).

U.S. Senate Agriculture, Nutrition, and Forestry Committee Actions: 
No new actions April 9–15, 2020
S.3429 “Farmer Driven Conservation Outcomes Act of 2020,” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry (March 10, 2020).
S.3479 “Cover Crop Flexibility Act of 2020,” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry (March 12, 2020).
S.3552 “A bill to require the Secretary of Agriculture to provide payments to cattle producers to offset losses due to the Coronavirus Disease 2019 (COVID-19), and for other purposes. Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry (March 20, 2020).
S.3563 “Food Assistance for Kids and Families During COVID-19 Act of 2020,” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry (March 22, 2020).

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