Penn State Agricultural Law Blog: Agricultural Law Weekly Review

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.

COVID-19: Farmers to Families Food Box Program Grants First Procurement Contracts

On May 8, 2020, USDA’s Agricultural Marketing Service (AMS) announced the awarding of $1.2 billion in contracts to purchase and distribute agricultural commodities to food insecure U.S. residents via the newly-renamed “Farmers to Families Food Box” Program. This program was announced on April 17, 2020, and funded by a $3 billion appropriation from the Families First Coronavirus Response Act enacted on March 27, 2020. Pennsylvania-based vendors entering contracts with AMS are: ALL Holding Company, LLC of Harleysville ($18,000, Precooked Meat Box); Brian Campbell Farms of Berwick ($900,000- Fresh Fruit/Fresh Vegetable Box); Dertstine’s Inc. of Sellersville (approx. $5.8 million - Fresh Fruit/Fresh Vegetable, Dairy, Precooked Meat and Fluid Milk Boxes); Farm to Table By Local of Pittsburgh ($280,000 - Fresh Fruit/Fresh Vegetable, Dairy, Fluid Milk and Combination Boxes); John Vena, Inc. of Pittsburgh ($1.8 million - Fresh Fruit/Fresh Vegetable Box); Marburger Farm Dairy of Evans City (approx. $78,000 - Fluid Milk Box); Monteverde’s Inc., of Pittsburgh (approx. $1.4 million - Fresh Fruit/Fresh Vegetable Box); Novick Brothers Corp. of Philadelphia (approx $500,000 - Dairy and Fluid Milk Boxes); Paragon Wholesale Foods (approx. $3.8 million - Fresh Fruit/Vegetable Box); Schneider Dairy, Inc. of Pittsburgh ($4.27 million - Dairy and Fluid Milk Boxes); Stanley Marvel, Inc. of Bensalem (approx. $14.4 million - Dairy, Precooked Meat, Combination, Fluid Milk Boxes); T.M. Kovacevich of Philadelphia (approx $2 million - Fresh Fruit/Vegetable Box); Turner Dairy Farms, Inc. of Pittsburgh (approx. $315,000 - Dairy Box).

COVID-19: Senate Judiciary Committee Examines Liability and COVID-19 Transmission Risk

On May 12, 2020, the U.S. Senate Judiciary Committee conducted a legislative hearing titled “Examining Liability During the COVID-19 Pandemic,” providing a public discussion of employment and operational liability risks of COVID-19 disease transmission risk from operations, resumed or continuing, of all forms of businesses, including the production, processing and sales of agricultural commodities and food. In light of President Trump’s Executive Order 13917, meat processing plants are the “bellwether” business sector presently incurring such disease transmission liability risks. The hearing can be viewed in its entirety on the Committee’s website here (the hearing begins at approx. the 23 minute mark). Testifying were: (a) the President of the United Food and Commercial Workers International; the Executive Director of the National Employment Law Project; the General Counsel of Texas Christian University; the CEO of Kwik Chek Food Stores on behalf of the National Association of Convenience Stores; Georgetown University Law Professor David Vladeck; CEO of the Charleston Area Convention and Visitors Bureau.

Animal Welfare: USDA Finalizes New Animal Welfare Act Regulation Amendments

On May 13, 2020, USDA’s Animal and Plant Health Inspection Service (APHIS) announced the Federal Register publication of a final rule amending the Animal Welfare Act (ACA) regulations which, amongst other things, include strengthening licensing measures to prevent historically non-compliant individuals and businesses from holding an AWA license or from buying, selling, transporting, exhibiting, or delivering for transportation regulated animals. 85 FR 28772. The final rule is effective November 19, 2020. Regulated animals under the AWA do not include those used for the production of agricultural commodities or horses not used for research. The proposed amendments were first published on March 22, 2018, and generated 110,600 public comments. The regulation amendments also increase the animal health and husbandry standards for AWA regulated dogs.

From National Ag Law Authorities & Sources:

Roger A. McEowen, DOJ to Investigate Meatpackers – What’s It All About? (May 8, 2020).

Tiffany Dowell, 50-State Survey: Liability for Pesticide Drift (May 11, 2020).

Roger A. McEowen, Concentrated Ag Markets – Possible Producer Response? (May 12, 2020).

Paul Goeringer, Remember to do Your Work When Hiring Farm Employees (May 12, 2020).

Penn State Research & News:

Sara LaJeunesse, Malaria Risk is Highest in Early Evening, Study Finds (May 4, 2020)

Amy Duke, Tracking Spread, Testing Traps are Focus of Spotted Lanternfly Study in Altoona (May 10, 2020).

AGENCY PRESS RELEASES—STATE/FEDERAL

Pennsylvania Department of Agriculture Press Releases:

Wolf Administration: No One Should Go Hungry, Pennsylvanians Should Apply for Programs Designed for ‘Times Like These’ (May 6, 2020).

U.S. Department of Agriculture Press Releases:

Secretary Perdue Issues Letters on Meat Packing Expectations (May 6, 2020).

USDA Approves Colorado to Accept SNAP Benefits Online (May 6, 2020).

USDA Invests $71 Million in High-Speed Broadband for Rural Kansas and Oklahoma (May 7, 2020).

USDA Approves Program to Feed Kids in New York and Pennsylvania (May 7, 2020).

USDA Approves New Mexico to Accept SNAP Benefits Online (May 7, 2020).

USDA Invests $2 Million in High-Speed Broadband in Rural New Hampshire (May 7, 2020).

Dr. Cindy Nickerson Appointed as USDA Deputy Chief Economist (May 7, 2020).

USDA Approves Rhode Island to Accept SNAP Benefits Online (May 8, 2020).

USDA Approves Wisconsin to Accept SNAP Benefits Online (May 11, 2020).

USDA Approves Program to Feed Kids in Texas and New Jersey (May 11, 2020).

USDA Invests $3.3 Million in High-Speed Broadband in Rural South Dakota (May 12, 2020).

USDA Approves Program to Feed Kids in Ohio (May 12, 2020).

USDA Animal and Plant Health Inspection Service Press Releases:

USDA APHIS Announces Availability of Petition for Deregulation of GE Corn (May 8, 2020).

USDA Announces New Director for Wildlife Services National Wildlife Research Center (May 12, 2020).

APHIS Announces Changes to Animal Welfare Act Licensing Requirements (May 12, 2020).

STATE ACTIONS—EXECUTIVE/LEGISLATIVE

Pennsylvania Executive Agencies—Actions and Notices:

Department of Agriculture

50 Pa.B. 2396 “Agricultural Research Project Contractors,” Notice (May 9, 2020).

50 Pa.B. 2397 “General Permit Standards and Requirements for Hemp,” Notice (May 9, 2020).

Department of Environmental Protection

50 Pa.B. 2473 “Food Recovery Infrastructure Grant; Update to Application Deadline,” Notice (May 9, 2020).

Pennsylvania Legislature

H.B. 2429 “An Act amending the act . . . known as The Administrative Code of 1929, providing for emergency COVID-19 provisions [lawn and garden equipment and supplies stores.” Referred to Community, Economic and Recreational Development [Senate] (May 6, 2020).

H.B.2435 “An Act amending Title 3 (Agriculture) of the Pennsylvania Consolidated Statutes, providing for Food Establishment Personal Protective Equipment Reimbursement Grant Program.” Referred to Agriculture and Rural Affairs [Senate] (May 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.” Referred to Agriculture and Rural Affairs [Senate] (May 7, 2020).

H.B. 1983 “An Act amending Title 3 (Agriculture) of the Pennsylvania Consolidated Statutes, in race horse industry reform, further providing for costs of enforcement of medication rules or regulations.” Referred to Agriculture and Rural Affairs [Senate] (May 7, 2020).

S.B. 1137 “An Act amending the act . . . known as the Unemployment Compensation Law, in emergency provisions related to COVID-19, providing for daily application reporting.” Referred to Labor and Industry [Senate] (May 8, 2020).

S.B. 1144 “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 [Senate] (May 8, 2020).

FEDERAL ACTIONS—EXECUTIVE/LEGISLATIVE

Federal Executive Agencies—Actions and Notices:

Agricultural Department

85 FR 27352 “Request for Nominations of Members for the National Agricultural Research, Extension, Education, and Economics Advisory Board, Specialty Crop Committee, Citrus Disease Subcommittee, and National Genetic Resources Advisory Council,” Notice (May 8, 2020).

85 FR 27708 “Submission for OMB Review; Comment Request [Food Safety and Inspection Service: Voluntary Destruction of Imported Meat, Poultry, and Egg Products,” Notice (May 11, 2020).

Agricultural Marketing Service

85 FR 27105 “National Organic Program: USDA Organic Regulations,” Rule (May 7, 2020).

85 FR 27107 “Walnuts Grown in California; Suspension of Reserve Obligation and Its Requirements,” Rule (May 7, 2020).

85 FR 27163 “Egg Research and Promotion; Reapportionment,” Proposed Rule—Comment Period (May 7, 2020).

85 FR 27159 “Oranges, Grapefruit, Tangerines, and Pummelos Grown in Florida; Establishment of Reporting Requirements and New Information Collection,” Proposed Rule—Comment Period (May 7, 2020).

85 FR 27204 “Submission for OMB Review; Comment Request [Animal and Plant Health Inspection Service: Customer Service Survey Project],” Notice (May 7, 2020).

85 FR 27690 “Softwood Lumber Research, Promotion, Consumer Education and Industry Information Order; Change to the Board Membership Eligibility Requirements,” Proposed Rule—Comment Period (May 11, 2020).

Animal and Plant Health Inspection Service

85 FR 27354 “Bayer/Monsanto; Availability of Petition for Determination of Nonregulated Status of Maize Genetically Engineered for Dicamba, Glufosinate, Quizalofop, and 2,4-Dichlorophenoxyacetic Acid Tolerance With Tissue-Specific Glyphosate Tolerance Facilitating the Production of Hybrid Maize Seed,” Notice—Comment Period (May 8, 2020).

85 FR 27709 “Notice of Request for Revision to and Extension of Approval of an Information Collection; Phytophthora Ramorum; Quarantine and Regulations,” Notice—Comment Period (May 11, 2020).

Environmental Protection Agency

85 FR 27346 “Receipt of a Pesticide Petition Filed for Residues of Pesticide Chemicals in or on Various Commodities,” Proposed Rule—Comment Period (May 8, 2020).

85 FR 27413 “Agency Information Collection Activities; Proposed Collection; Notice of Arrival of Pesticides and Devices Under Section 17(c) of FIFRA; Comment Request,” Notice—Comment Period (May 8, 2020).

Federal Emergency Management Agency

85 FR 28028 “Utah; Amendment No. 1 to Notice of a Major Disaster Declaration,” Notice (May 12, 2020).

85 FR 28025 “Proposed Flood Hazard Determinations [Mich.],” Notice—Comment Period (May 12, 2020).

85 FR 28032 “Proposed Flood Hazard Determinations [Va.],” Notice—Comment Period (May 12, 2020).

85 FR 28026 “Final Flood Hazard Determinations [La., Wash.],” Notice (May 12, 2020).

85 FR 28023 “Changes in Flood Hazard Determinations [Ark., Colo., Conn., Fla., Ga., Ky., Mass., Miss., N.C., Okla., Tex., Va.],” Notice (May 12, 2020).

Fish and Wildlife Service

85 FR 27313 “Revision of Federal Migratory Bird Hunting and Conservation Stamp (Duck Stamp) Contest Regulations,” Rule (May 8, 2020).

85 FR 27698 “Migratory Bird Subsistence Harvest in Alaska; Updates to the Regulations,” Proposed Rule—Comment Period (May 11, 2020).

Food and Drug Administration

85 FR 27340 “GNT USA, Inc.; Filing of Color Additive Petition,” Proposed Rule (May 8, 2020).

85 FR 27692 “Adisseo France S.A.S.; Filing of Food Additive Petition (Animal Use),” Proposed Rule (May 11, 2020).

85 FR 28010 “Guidance Documents Related to Coronavirus Disease 2019 (COVID-19); Availability,” Notice (May 12, 2020).

Food and Nutrition Service

85 FR 27709 “Agency Information Collection Activities: Supplemental Nutrition Assistance Program (SNAP)-Waiver Requests To Offer Incentives to SNAP Recipients at SNAP Authorized Stores,” Notice—Comment Period (May 11, 2020).

National Agricultural Statistics Service

85 FR 27355 “Notice of Intent To Request Revision and Extension of a Currently Approved Information Collection [Livestock Slaughter Survey],” Notice—Comment Period (May 8, 2020).

Small Business Administration

85 FR 27287 “Business Loan Program Temporary Changes; Paycheck Protection Program-Nondiscrimination and Additional Eligibility Criteria,” Rule—Comments Accepted (May 8, 2020).

U.S. House Agriculture Committee Actions:

H.R.6718 “To place a moratorium on large concentrated animal feeding operations, to strengthen the Packers and Stockyards Act, 1921, to require country of origin labeling on beef, pork, and dairy products, and for other purposes.” Referred to the Committee on Agriculture and the Committee on Transportation and Infrastructure (May 5, 2020).

H.R.6722 “To strengthen Federal nutrition assistance programs as automatic stabilizers, and for other purposes.” Referred to the Committee on Agriculture and the Committee on Education and Labor (May 5, 2020).

H.R.6725 “To provide Federal funding for targeted purchases to buy food from producers who rely on local agricultural food markets affected by COVID-19, and for other purposes.” Referred to the House Committee on Agriculture (May 5, 2020).

H.R.6728 “To amend the Commodity Credit Corporation Charter Act to raise the borrowing limit of the Commodity Credit Corporation.” Referred to the House Committee on Agriculture (May 5, 2020).

H.Res.956 “Recognizing the United Chinese Americans' nationwide food drive and the contributions of Chinese Americans to the United States.” Referred to the House Committee on Agriculture (May 8, 2020).

H.R.6756 “To modify the eligibility standards applicable to low-income college students under the Food and Nutrition Act of 2008 during COVID-19 public health emergency.” Referred to the Committee on Agriculture and the Committee on Education and Labor (May 8, 2020).

H.R.6757 “To provide additional agricultural products for distribution by emergency feeding organizations during the COVID-19 public health emergency.” Referred to the Committee on Agriculture and the Committee on the Budget (May 8, 2020).

U.S. Senate Agriculture, Nutrition, And Forestry Committee Actions:

S.3605 “A bill to amend the Specialty Crops Competitiveness Act of 2004 to provide specialty crop block grants to fund State food banks and food access networks.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry (May 5, 2020).

S.3651 “A bill to prohibit school food authorities and local educational agencies from collecting unpaid school meal fees during the COVID-19 pandemic, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry (May 7, 2020).

S.3655 “A bill to provide funding for targeted purchases of qualified agricultural products from producers that rely on local agricultural food markets affected by COVID-19, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry (May 7, 2020).

Follow us on Twitter @AgShaleLaw to receive #AgLaw HotLinks

May 7–12, 2020 Top #AgLaw links:

DOJ requiring divestitures for Dean Foods asset sales, Feedstuffs (May 4, 2020).

COVID-19 Has Caused an “Agricultural Tsunami” – While USDA and DOJ Investigate Livestock Market Issues, IL Farm Policy News (May 10, 2020).

Trump’s Executive Order having impact on food supply chain, Feedstuffs (May 7, 2020).

Farm bankruptcies up 23% even before COVID-19 fallout, Feedstuffs (May 8, 2020).

Three USDA inspectors die from COVID-19, Meat + Poultry (May 7, 2020).

American Meat Workers Are Starting to Quit With Plants Reopening, Bloomberg

Federal, state administrations move to protect food supply chain, Morning Ag Clips (May 4, 2020).

USDA approves program to feed kids in New York, Pennsylvania, Morning Ag Clips (May 7, 2020).

State attorneys general request meat industry investigation, Meat + Poultry (May 7, 2020).

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