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Review last month’s biggest legal developments in agriculture in the November 2019 Agricultural Law Brief. If you’d like to receive this monthly update via email, check out our website and subscribe.
Brook Duer—Staff Attorney
Audry Thompson—Research Assistant
The following information is an update of recent local,
state, national, and international legal developments relevant to agriculture,
which can be found weekly and subscribed to at following web address: http://www.pennstateaglaw.com.
Agricultural Labor: House Judiciary Committee Acts on
Farm Workforce Modernization Bill
On November 20, 2019, the United States House of
Representatives’ Judiciary Committee passed out of committee H.R.
5038, titled “Farm Workforce Modernization Act,” by a
vote of 18-12. The passage out of the Judiciary committee is a first
step for the bill which was introduced
on November 12, 2019, with 25 Democratic and 23 Republican co-sponsors. It
remains under consideration in three other House committees. The bill is
the first farm workforce bill to be advanced out of any committee in 2019 and
may become a focus of farm workforce efforts in the months to come. It contains
provisions for E-verify across the entire agricultural sector, H-2A Temporary
Worker Program reform, a pathway to legalization for current unauthorized
agricultural workers and an earned residence status for long-term
workers.
Industrial Hemp / Cannabis: Idaho Governor Signs
Executive Order, Agencies Issue Rules on Interstate Hemp Transportation
On November 21, 2019, Idaho Governor Brad Little issued Executive Order 2019-13 allowing the
transport of hemp through the state, despite Idaho law declaring cannabis with
any THC content illegal. Idaho also has not authorized in-state
industrial hemp production pursuant to either the 2014 or 2018 Farm Bills. In light of the 2018 Farm Bill provisions
prohibiting states from interfering with the transportation of legally-produced
hemp through any state, Governor Little said the executive order is needed to
temporarily resolve the conflict until state legislators find a permanent
solution. In January, Idaho authorities arrested a truck driver passing
through Idaho and seized nearly 7,000 pounds of industrial hemp produced
legally in another state. As a result of
the Executive Order, on November 26, 2019, the Idaho Department of Agriculture published
a temporary regulation, titled “Rules
Governing the Labeling of Hemp Receptacles,” the Director of the Idaho State
Police published a temporary regulation titled “Rules
Governing Hemp Transportation,” and the Idaho Transportation Department
published accompanying driver verfication, shipper verification, and bill of lading forms for use in
transporting hemp through Idaho.
Biofuels: New York Approves E15 for Consumer Sale
On November 20, 2019, the New York Department of Agriculture
and Markets published a Notice of Adoption (Vol. XLI, No. 47,
I.D. No. AAM-30-19-00004-A) in the New York State Register, effective upon
publication, of its July 2019 proposed
rule regarding gasoline-ethanol blends. Presently, New York only
permits the sale of gasoline-ethanol blends of not more than 10% ethanol, by
volume. The new rule, among other things, allows for the sale of two new
blend amounts: (a) 15% or less ethanol, and (b) 51% or more ethanol, by
volume. However, to avoid causing “undue marketplace disruptions” and for
acclimation to the introduction of E15, the rule does not allow at this time
for the sale of “mid-level” blends between 15% and 51% ethanol, by
volume. The rule will also create standards for other types of fuels that
do not have them, including ethanol flex fuels, butanol, butanol blends,
biodiesel, and biodiesel blends. New
York’s regulatory promulgation process does not entail publishing the exact
text but directs requests to Mike.Sikula@agriculture.ny.gov.
Animal Welfare: Michigan Lt. Gov Signs Bill Setting 2025
Effective Date For “Cage Free Egg” Law
On November 21, 2019, Michigan Lieutenant Governor Garlin
Gilchrist, acting in place of Governor Gretchen Whitmer, signed into law a bill, now known as Act 132 of
2019, establishing 2025 as the effective date of Michigan’s so-called
“cage-free egg” law. This represents the culmination of a long legislative
process summarized in last week’s November 21, 2019, Agricultural
Law Weekly Review.
International Trade: U.S. Announces South Korean Rice
Export Market Access Agreement
On November 19, 2019, USDA and United States Trade
Representative Robert Lighthizer announced
an agreement with the government of South Korea to provide market access for
132,304 tons of U.S. rice annually (approximately $110 million annually) with
an effective date of January 1, 2020.
International Trade: USDA Clarifies Required Beef/Pork
Export Reporting
On November 25, 2019, USDA amended its
Export Sales Reporting regulations under the Agricultural Trade Act of 1978
by a
final rule without notice or comment effective immediately which added a
lengthy clarification of the definition of “muscle cuts” of beef and pork for
the purposes of legally required weekly export reporting to USDA’s Foreign
Agricultural Service.
From National Ag Law Experts:
Tiffany Dowell, Enhanced
Life Estate Deeds (aka Lady Bird Deeds) (November 22, 2019).
Sarah Cato, Animal
Cruelty Laws & Ag: Where Does the PACT Act Fit? (November 26,
2019).
Marlene van Nelson, Cornucopia
Of Compliance, Part 1: Exploring Agritainment Property Considerations
(October 11, 2019)
Penn State Research:
Grant
will support expanded use of artificial intelligence for crop health
(November 25, 2019).
Jeff Mulhollem, Forest
farms could create market for ginseng, other herbs (November 25,
2019).
Pennsylvania Department of Agriculture:
Wolf
Administration Announces PA Farm Bill Grant Funding to Increase Supply of
Locally Produced Meat (November 26, 2019).
Dog
Law Enforcement Office Warns Pennsylvania Dog Owners of Fraudulent Dog License
Website (November 22, 2019).
Make
it a Pennsylvania Thanksgiving: Agriculture Secretary Shops Local for Family
Thanksgiving (November 21, 2019).
Pennsylvania Executive Agencies—Actions and
Notices:
Department of Agriculture
49
Pa.B. 7091 Action of Controlled Plant and Noxious Weed Committee;
Addition of Noxious Weeds to Controlled Plants and Noxious Weed List,
Notice (November 30, 2019).
49
Pa.B. 7091 Farm-to-School Grant Program; 2019-2020 Program Guidelines, Notice
(November 30, 2019).
Environmental Hearing Board
49
Pa.B. 7148 Special Meeting [December 4, 2019], Notice (November 30,
2019).
Pennsylvania Fish and Boat Commission
49
Pa.B. 7057 Special Regulation Designations, Notice (November 23,
2019).
49
Pa.B. 7048 Additions to List of Class A Wild Trout Waters, Notice
(November 23, 2019).
49
Pa.B. 7050 Classification of Wild Trout Streams; Additions; October 2019,
Notice (November 23, 2019)
49
Pa.B. 7050 Classification of Wild Trout Streams; Proposed Additions and
Revisions; January 2020, Notice (November 23, 2019).
49
Pa.B. 7052 Proposed Changes to List of Class A Wild Trout Waters;
January 2020, Notice (November 23, 2019).
State Conservation Commission
49
Pa.B. 7152 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 (November
30, 2019).
Pennsylvania Legislature
S.B. 314 An Act establishing
the Pennsylvania Rural Health Redesign Center Authority and the Pennsylvania
Rural Health Redesign Center Fund, Presented to Governor (November 22,
2019).
S.B.
798 An Act amending the act of December 7, 1982 (P.L.784, No.225), known
as the Dog Law, in short title and definitions, further providing for
definitions; in dangerous dogs, further providing for court proceedings,
certificate of registration and disposition and for requirements; and making an
editorial change, Re-referred to Appropriations (November 21, 2019).
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, First consideration (November 20, 2019).
H.B.
102 An Act amending Title 34 (Game) of the Pennsylvania Consolidated
Statutes, in hunting and furtaking licenses, further providing for eligibility
for license, First consideration (November 20, 2019).
H.B.
617 An Act amending Title 34 (Game) of the Pennsylvania Consolidated
Statutes, in hunting and furtaking licenses, providing for a volunteer
instructor license, First consideration (November 20, 2019).
H.R.
605 A Resolution designating the week of February 22 through 29, 2020,
as "FFA Week" in Pennsylvania, Reported as committed (November
20, 2019).
H.B.
881 An Act amending the act of June 18, 1982 (P.L.549, No.159), 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, Removed from table (November
19, 2019).
H.B.
1234 An Act amending the act of June 2, 1915 (P.L.736, No.338), known as
the Workers' Compensation Act, in liability and compensation, further providing
for the definitions of "injury," "personal injury" and
"injury arising in the course of his employment," providing for diseases
with long latency periods between occupational exposure and manifestation of
the disease and further providing for liability, Re-reported as committed
(November 19, 2019).
H.B.
1584 An Act amending Title 30 (Fish) of the Pennsylvania Consolidated
Statutes, in Pennsylvania Fish and Boat Commission, repealing provisions
relating to waterways patrolmen and employees, Laid on table (November 19,
2019).
Federal Executive Agencies—Actions and Notices:
Agriculture Department
84
FR 64703 Export Sales Reporting Program Rule (November 25, 2019).
Agricultural Marketing Service
84
FR 64028 Pecans Grown in the States of Alabama, Arkansas, Arizona,
California, Florida, Georgia, Kansas, Louisiana, Missouri, Mississippi, North
Carolina, New Mexico, Oklahoma, South Carolina, and Texas; Reporting
Requirements, Proposed Rule—Comment Period (November 20, 2019).
Animal and Plant Health Inspection Service
84
FR 64821 International Sanitary and Phytosanitary Standard-Setting
Activities, Notice (November 25, 2019).
84
FR 64825 Plants for Planting Whose Importation Is Not Authorized Pending
Pest Risk Analysis; Notice of Availability of Data Sheets for Taxa of Plants
for Planting That are Quarantine Pests or Hosts of Quarantine Pests,
Notice—Comment Period (November 26, 2019).
84
FR 64414 Swine Health Protection Act; Amendments to Garbage Feeding
Regulations, Rule (November 22, 2019)
Economic Development Administration
84
FR 64829 Notice of Petitions by Firms for Determination of Eligibility
To Apply for Trade Adjustment Assistance, Notice (November 25, 2019).
Employment and Training Administration
84
FR 65189 Comment Request; Form ETA-232, Domestic Agricultural In-Season
Wage Report, and Form-232A, Wage Survey Interview Record Notice—Comment
Period (November 26, 2019).
Environmental Protection Agency
84
FR 65152 Submission to OMB for Review and Approval; Comment Request;
Pesticide Establishment Application, Notification of Registration, and
Pesticide Production Reports for Pesticide-Producing and Device-Producing
Establishments (Renewal), Notice—Comment Period (November 26, 2019).
84
FR 64772 Clothianidin; Pesticide Tolerances, Rule—Comments Accepted
(November 25, 2019).
84
FR 64777 Cyflumetofen; Pesticide Tolerances, Rule—Comments Accepted
(November 25, 2019).
Federal Crop Insurance Corporation
84
FR 64413 Common Crop Insurance Policy Basic Provisions, Rule
(November 22, 2019).
84
FR 64411 Common Crop Insurance Regulations; Rice Crop Insurance
Provisions, Rule—Comments Accepted (November 22, 2019).
Federal Emergency Management Agency
84
FR 64328 Changes in Flood Hazard Determinations, Notice (November
21, 2019).
84
FR 64331 Proposed Flood Hazard Determinations, Notice—Comment Period
(November 21, 2019).
84
FR 64326 Proposed Flood Hazard Determinations, Notice—Comment Period
(November 21, 2019).
Fish and Wildlife Service
84
FR 65080 Endangered and Threatened Wildlife and Plants; Reclassification
of the Endangered June Sucker to Threatened With a Section 4(d) Rule,
Proposed Rule—Comment Period (November 26, 2019).
84
FR 65098 Endangered and Threatened Wildlife and Plants; Removal of the
Nashville Crayfish From the Federal List of Endangered and Threatened Wildlife,
Proposed Rule—Comment Period (November 26, 2019).
84
FR 65067 Endangered and Threatened Wildlife and Plants; Removing
Bradshaw's Lomatium (Bradshaw's lomatium) From the Federal List of Endangered
and Threatened Plants, Proposed Rule—Comment Period (November 26,
2019).
84
FR 64554 Submission to the Office of Management and Budget for Review
and Approval; Electronic Federal Duck Stamp Program, Notice—Comment Period
(November 22, 2019).
84
FR 64210 Endangered and Threatened Wildlife and Plants; Threatened
Species Status for Meltwater Lednian Stonefly and Western Glacier Stonefly With
a Section 4(d) Rule, Rule (November 21, 2019).
84
FR 64099 Foreign Endangered Species; Wild Bird Conservation Act; Receipt
of Permit Applications, Notice—Comment Period (November 20, 2019).
Food and Drug Administration
84
FR 64528 Preparing a Claim of Categorical Exclusion or an Environmental
Assessment for Submission to the Center for Food Safety and Applied Nutrition,
Notice—Comment Period (November 22, 2019).
84
FR 64089 A New Era of Smarter Food Safety; Extension of Comment Period, Notice—Comment
Period (November 20, 2019).
84
FR 64085 Compounding Animal Drugs From Bulk Drug Substances; Draft
Guidance for Industry; Availability, Notice—Comment Period (November 20,
2019).
84
FR 64080 List of Bulk Drug Substances for Compounding Office Stock Drugs
for Use in Nonfood-Producing Animals or Antidotes for Food-Producing Animals;
Request for Nominations, Notice (November 20, 2019).
Foreign Agricultural Service
84
FR 64971 McGovern-Dole International Food for Education and Child
Nutrition Program, Rule—Comment Period (November 26, 2019).
Forest Service
84
FR 64453 Notice of Intent To Grant Exclusive License, Notice—Comment
Period (November 22, 2019).
Labor Department
84
FR 64344 National Agricultural Workers Survey, Notice—Comment Period
(November 21, 2019).
Rural Housing Service
84
FR 64788 Single Family Housing Direct Loan and Grant Programs,
Proposed Rule—Comment Period (November 25, 2019).
U.S. House Agriculture Committee Actions:
H.R.5266
To provide for the enhancement of urban agriculture, and for other purposes,
Referred to Committees (November 26, 2019).
H.R.5217
To provide for western water security, reliability, modernization, and
abundance, and for other purposes, Referred to the Subcommittee on Water
Resources and Environment (November 22, 2019).
H.R.5218
To direct the Secretary concerned to coordinate with impacted parties when
conducting a forest management activity, and for other purposes, Referred
to Committees (November 21, 2019).
H.R.5235
To amend the Food and Nutrition Act of 2008 to require States to include a
photograph on electronic benefit cards issued to provide supplemental nutrition
assistance program benefits, Referred to the House Committee on Agriculture
(November 21, 2019).
H.R.5174
To amend the Immigration and Nationality Act to provide for a
State-sponsored nonimmigrant pilot program, and for other purposes,
Referred to Committees (November 19, 2019).
H.R.5179
To require the Secretary of the Interior to establish Tribal Wildlife
Corridors, and for other purposes, Referred to Committees (November 19,
2019).
U.S. Senate Agriculture, Nutrition, And Forestry
Committee Actions:
S.2933
A bill to amend the Commodity Exchange Act to require a review of current
exemptions granted to foreign entities in response to an attempt by a foreign
authority to exercise direct supervisory authority over a domestic derivatives
clearing organization, Read twice and referred to the Committee on
Agriculture, Nutrition, and Forestry (November 21, 2019).
Follow us on Twitter at PSU Ag & Shale Law (@AgShaleLaw) to receive
AgLaw HotLinks:
“Across
the Country, Farmers Say Banks are Dropping Them for Growing Hemp”
(November 21, 2019)
“The
Market Facilitation Program: A New Direction in Public Agricultural Policy?” (November
21, 2019)
“Worker
Legalization Divides Lawmakers on Ag Labor Bill” (November 20, 2019)
“Farmers
Get 12.1 Cents Per Dollar Spent on Thanksgiving Food” (November 22, 2019)
“NASDA,
Alliance Comment on Role Farmers Play in Climate Mitigation” (November 22,
2019)
“Farm
Bureau Says Farmworker Bill Falls Short” (November 22, 2019)
“Michigan Signs into Law New Cage-free Egg
Standards” (November 21, 2019)
“Ag
Immigration Bill Advances Out of House Committee”(November 21, 2019)
“USDA
Invests in Rural Education, Health Care” (November 20, 2019)
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Review last month’s biggest legal developments in agriculture in the November 2019 Agricultural Law Brief. If you’d like to receive this monthly update via email, check out our website and subscribe.
