Showing posts with label Chesapeake Bay. Show all posts
Showing posts with label Chesapeake Bay. Show all posts

Thursday, January 16, 2020

Agricultural Law Weekly Review —January 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. 

International Trade:  United States and China Sign Agreement Impacting Agricultural Exports To China
On January 15, 2020, The United States and the People’s Republic of China executed an agreement titled, “Economic and Trade Agreement Between the United States of America and the People’s Republic of China,” which serves as a settlement agreement of certain enforcement actions initiated by the White House under authority of Section 301 of the Trade Act of 1974.  According to the February 27, 2019 testimony of United States Trade Representative (USTR) Robert Lighthizer before the House and Ways Committee, such an agreement does not require Congressional approval as would other trade agreements. The USTR website contains the ninety-six page agreement text as well as Fact Sheets devoted to various topics addressed in the agreement, including an eight-page Fact Sheet titled, “Agriculture and Seafood Related Provisions” and unique individualized Fact Sheets on the following topics: Agricultural Biotechnology, Animal Feed, Seafood, Dairy and Infant Formula, Horticultural Products, Meat, Poultry and Live Breeding Cattle, Pet Food and Rice.   

Environmental Policy:  White House Proposes Landmark National Environmental Policy Act Regulation Amendments 
On Jan. 9, 2020, the White House Council on Environmental Quality (CEQ) announced the publication of a notice of proposed rulemaking updating its 1978 regulations for implementing the procedural provisions of 1969’s National Environmental Policy Act (NEPA).  85 FR 1684.  Among other things, NEPA requirements are invoked when airports, buildings, military complexes, highways, parkland purchases, and other federal activities are proposed.  Environmental Assessments (EAs) and Environmental Impact Statements (EISs), which are assessments of the likelihood of impacts from alternative courses of action, are required from involved federal agencies, are the most visible NEPA requirements.  CEQ states that the average length of an EIS is 600 pages and the average time for federal agencies to conduct NEPA reviews is four and one-half years.  CEQ maintains a comprehensive website devoted to NEPA which includes a detailed factsheet outlining the extensive proposed changes.  Public comments on the proposed new rule must be submitted by March 10, 2020. Public hearings on the proposed rulemaking will be held on February 11, 2020, in Denver, Colorado, and on February 25, 2020, in Washington, D.C.  

Water Quality: Maryland Governor Directs Maryland Attorney General to Sue Pennsylvania and EPA over Chesapeake Bay Pollution Reduction
On January 8, 2020, Maryland Governor Larry Hogan issued a press release and delivered a letter to Maryland Attorney General Brian E. Frosh specifically directing him “to take two legal actions: (1) commence litigation against the Commonwealth of Pennsylvania for repeatedly falling short of necessary pollution reduction goals; and (2) commence litigation against the U.S. Environmental Protection Agency (EPA) for failing to enforce the Chesapeake Bay Total Maximum Daily Load (TMDL).”  To date, there has been no public response from Attorney General Frosh.  The Maryland Attorney General is an independent elected official who does not directly report to the Governor of Maryland but does provide legal counsel to the Office of the Governor and the agencies of the Executive Branch.  Both Governor Hogan and Attorney General Frosh were re-elected to second four-year terms in 2018, however Governor Hogan is a Republican and Attorney General Frosh is a Democrat.   

Biotechnology: USDA, FDA, and EPA Launch Unified Website for Biotechnology Regulation
On January 9, 2020, the U.S. Department of Agriculture (USDA), the Food and Drug Administration (FDA), and the Environmental Protection Agency (EPA), announced the launch of the Unified Website for Biotechnology Regulation.  It houses in one place all federal laws and regulations, as well as agency guidance and FAQs, from the three principal federal agencies charged with regulating agricultural biotechnology products under the 1986 U.S. Coordinated Framework for the Regulation of Biotechnology and its 1994, 2017 and 2018 amendments.  While the website is not for “regulatory submissions by product developers,” it is intended to  serve as an informational hub, allow users to submit questions about agricultural biotechnology, and to educate consumers about the safe use of biotechnology innovations.

Packers and Stockyards Act: USDA Proposes Long-Delayed Change to Packers and Stockyards Act Regulations
On January 13, 2020, USDA’s Agricultural Marketing Service (AMS) announced the proposal of a new rule establishing criteria for USDA’s determination of whether a packer, swine contractor or live poultry dealer violated Section 202(b) of the Packers and Stockyards Act (P&S Act) by giving an “undue” or “unreasonable” preference or advantage to a particular person or locality. 85 FR 1771.  This P&S Act regulation amendment is required by the 2008 Farm Bill but 2010 and 2016 proposed rules were never finalized, initially due to legislative prohibition and subsequently due to lack of action.  Under the new proposed rule, USDA would consider whether preferences or advantages are based on cost, meeting competitors’ prices or other terms, or normal industry standards.  Public comments on the proposed new rule must be submitted by March 13, 2020. 
   
From National Ag Law Authorities & Sources: 
Tara Ritter, Shaping the Future of Energy in Murray County (January 13, 2020). 
Brigit Rollins, Making A Splash: Georgia, Florida Water Dispute Back to Supreme Court (January 8, 2020). 

Penn State Research & News:
Penn State Extension program to help private forest owners use prescribed fire (January 3, 2020).
Kristen Devlin, Innovation is widespread in rural areas, not just cities (January 2, 2020). 

Pennsylvania Department of Agriculture Press Releases:
104th PA Farm Show Invites Youth to Imagine the Opportunities, Promotes Careers in Agriculture (January 11, 2020). 
Lumberjack Demo Draws Crowds, Showcasing Hardwoods at 104th Pennsylvania Farm Show (January 11, 2020)
Department of Agriculture Announce Winners of the Spotted Lanternfly Calendar Contest (January 10, 2020). 

Pennsylvania Executive Agencies—Actions and Notices: 
Department of Agriculture
50 Pa.B. 204 “Temporary Order Designating Dangerous Transmissible Diseases” Notice (January 11, 2020). 

Department of Conservation and Natural Resources
50 Pa.B. 207 “Community Conservation Partnerships Program Grants Available” Notice (January 11, 2020). 

Pennsylvania Legislature
H.B. 523 “An Act amending the act of June 13, 1836 (P.L.551, No.169), referred to as the General Road Law, further providing for repair of private roads” Re-committed to Appropriations [House] (January 13, 2020). 
H.B. 918 “An Act repealing the act of May 20, 1857 (P.L.617, No.658), entitled ‘An act making an Appropriation from the State Treasury, in aid of the Farmers' High School’” Re-committed to Appropriations [House] (January 13, 2020). 
H.B. 1003 “An Act amending Title 30 (Fish) of the Pennsylvania Consolidated Statutes, in dams, bar racks and migration devices, further providing for marking of dams” Removed from table [House] (January 13, 2020). 
H.B. 1187 “An Act amending Title 30 (Fish) of the Pennsylvania Consolidated Statutes, in special licenses and permits, further providing for Lake Erie fishing permits” Removed from table [House] (January 13, 2020). 
H.B. 2198 “A Joint Resolution proposing an amendment to the Constitution of the Commonwealth of Pennsylvania, in restrictions on legislative power relating to legislation, providing for interstate compacts” Referred to State Government [House] (January 10, 2020). 
H.B. 2193 “An Act amending the act of December 22, 1983 (P.L.327, No.85), known as the Auctioneer Licensing and Trading Assistant Registration Act, providing for horses sold at auction” Referred to Agriculture and Rural Affairs [House] (January 10, 2020). 
H. Res. 654 “A Resolution recognizing February 25, 2020, as "World Spay Day" in Pennsylvania” Referred to Agriculture and Rural Affairs [House] (Jan. 10, 2020). 
H. Res. 653 “A Resolution designating the week of March 16 through 22, 2020, as "Maple Producers Week" in Pennsylvania” Referred to Agriculture and Rural Affairs [House] (Jan. 10, 2020).

Federal Executive Agencies—Actions and Notices: 
Agriculture Department
85 FR 1137 “Submission for OMB Review; Comment Request [Tart Cherries Grown in the States of MI, NY, PA. OR, UT, WA, and WI]” Notice (January 9, 2020). 

Agricultural Marketing Service 
85 FR 1771 “Undue and Unreasonable Preferences and Advantages Under the Packers and Stockyards Act” Proposed Rule—Comment Period (January 13, 2020). 
85 FR 2104 “Submission for OMB Review; Comment Request [2019 Market Facilitation Program Application]” Notice (January 14, 2020). 
85 FR 2104 “Submission for OMB Review; Comment Request [Tuberculosis, Animal Health Protection Act]” Notice (January 14, 2020). 

Commodity Credit Corporation
85 FR 1731 “Market Access Program” Rule (January 13, 2020). 

Federal Emergency Management Agency
85 FR 1172 “Proposed Flood Hazard Determinations” Notice—Comment Period (January 9, 2020). 
85 FR 1173 “Changes in Flood Hazard Determinations” Notice (January 9, 2020). 

Fish and Wildlife Service
85 FR 2143 “Endangered and Threatened Wildlife and Plants; Initiation of 5-Year Status Review of Grizzly Bear” Notice (January 14, 2020). 

International Boundary and Water Commission, United States and Mexico
85 FR 1182 “United States Section; Notice of Availability of the Final Environmental Assessment (EA) and Finding of No Significant Impact for the Continued Implementation of the River Management Plan for the Rio Grande Canalization Project” Notice (January 9, 2020). 

Small Business Administration
85 FR 1783 “SBA Supervised Lenders Application Process” Proposed Rule—Comment Period (January 13, 2020)


Susquehanna River Basin Commission
85 FR 1189 “Public Hearing [February 6, 2020]” Notice (January 9, 2020). 
85 FR 1190 “Grandfathering (GF) Registration Notice [December 1-21, 2019]” Notice (January 9, 2020).

U.S. Codex Office
85 FR 1137 “Codex Committee Meeting of the Codex Committee on Food Additives” Notice (January 9, 2020). 

U.S. House Agriculture Committee Actions: 
S.1982 “Save Our Seas 2.0 Act” Passed Senate—Referred to Committees on Agriculture; Natural Resources; Foreign Affairs; Energy and Commerce; Science, Space, and Technology; and Transportation and Infrastructure (January 13, 2020). 
H.R.5435 “American Public Lands and Waters Climate Solution Act of 2019” Referred to Subcommittee on Conservation and Forestry (January 13, 2020).
H.R.5436 “To amend the Agriculture Improvement Act of 2018, with respect to enforcement of animal fighting ventures prohibition in the territories, and for other purposes” Referred to Subcommittee on Livestock and Foreign Agriculture (January 13, 2020).
H.R.5474 “Shawnee Wilderness Designation Act” Referred to Subcommittee on Conservation and Forestry (January 13, 2020).
H.R.5484 “COLA's Don't Count Act of 2019” Referred to Subcommittee on Nutrition, Oversight, and Department Corrections (January 13, 2020).
H.R.5506 “Hawaii Invasive Species Protection Act” Referred to Subcommittee on Biotechnology, Horticulture, and Research (January 13, 2020).
H.R.5587 “To amend the Federal Food, Drug, and Cosmetic Act with respect to the regulation of hemp-derived cannabidiol and hemp-derived cannabidiol containing substances” Referred to Committees on Agriculture & Energy and Commerce (January 13, 2020).
H.R.5563 “Opportunities for Fairness in Farming Act of 2020” Referred to the House Committee on Agriculture (January 9, 2020). 
H.Res.775 “Recognizing and honoring Smokey Bear's 75 years of service to the United States and commitment to preventing unwanted human-caused wildfires and promoting forest health” Referred to the Subcommittee on Conservation and Forestry (January 9, 2020).
H.R.5430 “United States-Mexico-Canada Agreement Implementation Act” Senate-Committee on Finance, ordered to be reported without amendment favorably (January 7, 2020).

U.S. Senate Agriculture, Nutrition, And Forestry Committee Actions: 
No new actions January 1-7, 2020

Follow us on Twitter at PSU Ag & Shale Law (@AgShaleLaw) to receive AgLaw HotLinks
January 8-14, 2020 Top Tweets:
“Concerns Over Phase One Trade Agreement's Impact on Demand” (January 12, 2020).
“USMCA Moving Forward, Timeline Uncertain” (January 8, 2020).
“Pork Industry Says New Plant-based Impossible Pork Violates Law” (January 7, 2020).
“Grange Presents, Rural Broadband Program At Farm Show” (January 7, 2020). 
“USDA Invites Input on Conservation Easement Rule” (January 8, 2020). 
“Farmers Optimistic About the Future, Even as Their Perception of Current Economic Conditions Drops” (January 7, 2020).
“NPPC Responds to Pork Antibiotics Story on CBS” (January 7, 2020).
“Congress’ New Year’s Resolution Should be Ag Labor Reform” (January 8, 2020).  
“Japan Proposes Subsidy Program To Increase Beef & Dairy Production” (January 7, 2020). 
“Senate Panel Advances USMCA With Bipartisan Vote” (January 7, 2020). 

Connect with us on Facebook.  Every week we post the CASL Ledger detailing all of our publications and activities from the week. 
Want to get updates, but prefer to listen?  Check out the Agricultural Law Podcast.  Subscribe at our Libsyn page, iTunes, Spotify, or Stitcher.
Review last month’s biggest legal developments in agriculture in the December 2019 Agricultural Law Brief.  If you’d like to receive this monthly update via email, check out our website and subscribe.


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Thursday, June 28, 2018

Agricultural Law Weekly Review - June 28, 2018

Written by:
Jackie Schweichler - Education Programs Coordinator

The following information is an update of recent local, state, national, and international legal developments relevant to agriculture.

Farm Bill: U.S. House Passes 2018 Farm Bill
On June 21, 2018,  by a vote of 213 to 211, the Agriculture and Nutrition Act of 2018, better known as the 2018 Farm Bill, was passed by the U.S. House. The bill has been now been received for consideration by the Senate. Earlier, on June 13, 2018, the Senate Agriculture Committee reported the Agriculture Improvement Act of 2018, its version of the Farm Bill, out of committee. The Farm Bill reauthorizes and modifies many Department of Agriculture programs including those in conservation, nutrition assistance, farm credit, rural development, crop insurance, and more.

Farmland Preservation: Pennsylvania Governor Signs Bill Limiting the Use of Eminent Domain on Conserved Land
On June 24, 2018, Pennsylvania Governor Tom Wolf signed HB 2468, a bill providing for changes to Pennsylvania’s eminent domain laws. Specifically, the legislation limits government agencies from using eminent domain on land that is subject to a conservation easement. Government agencies wishing to use eminent domain on this land would be required to obtain Orphans’ Court approval before they could acquire permanently preserved land.  

Water Quality: EPA Announces Expectations for Chesapeake Bay Phase III Watershed Implementation Plans
On June 20, 2018, the U.S. Environmental Protection Agency (EPA) announced their expectations for the Chesapeake Bay Phase III Watershed Implementation Plans. EPA sent letters to state agencies within the Chesapeake Bay basin outlining what goals and practices are expected to be in place by 2025 to achieve sediment and nutrient reduction goals. EPA expectations include developing comprehensive local engagement strategies, building necessary programs, obtaining funding capacity, incorporating new science and information, and optimizing choices of pollution reduction practices. This most recent EPA announcement is a further implementation of the a plan that began in 2010 when EPA established the Chesapeake Bay Total Maximum Daily Load (Bay TMDL). To meet water quality standards, the Bay TMDL establishes pollution reductions necessary to address pollution from nitrogen, phosphorus, and sediment.

Food Labeling: FDA to Reconsider Guidance on Labeling of Added Sugars for Maple Syrup and Honey
On June 19, 2018, the Food and Drug Administration (FDA) announced that it will reconsider and offer revisions on draft guidance regarding the labeling of added sugars, specifically maple syrup and honey. The draft guidance, The Declaration of Added Sugars on Honey, Maple Syrup, and Certain Cranberry Products; Draft Guidance for Industry; Availability, was issued in early March and received over 3,000 comments. The draft guidance advised manufacturers to categorize maple syrup and honey as “added sugars” on the nutrition label. Under this guidance, manufacturers could use a “†” to lead the reader to a statement with additional information. In its press release, FDA stated that the “the approach laid out in the draft guidance does not provide the clarity that the FDA intended.”

WOTUS: EPA and Army Announce New Proposal for WOTUS
On June 15, 2018, the U.S. Environmental Protection Agency (EPA) announced in a press release with the U.S. Department of the Army (Army) that they will be sending a new proposal regarding the definition of “waters of the United States,” or WOTUS, to the Office of Management and Budget for review. The  proposed “Step 2” redefines WOTUS to comply with the February 2017 Presidential Executive Order. Once the interagency review has been completed, the proposed rule will be issued for public comment.

Food Safety: FDA Releases Draft Guidance on Strategies to Protect Against Food Adulteration
On June 20, 2018, the Food and Drug Administration (FDA) announced the release of draft guidance for the FDA regulation, Mitigation Strategies to Protect Food Against Intentional Adulteration. The purpose of the guidance document is to help food facilities that “manufacture, process, pack, or hold food…” to comply with current regulations. The guidance includes chapters on how to develop a Food Defense Plan, vulnerability assessments, strategies for actionable process steps, and food defense monitoring. Comments on the draft guidance will be accepted until December 17, 2018.

Antitrust: Court Says Egg Producers Did Not Violate Antitrust Laws
On June 14, the U.S. District Court for the Eastern District of Pennsylvania issued a verdict in favor of egg producers in an antitrust lawsuit. (In re Processed Egg Prods. Antitrust Litig., E.D. Pa., No. 08-md-2002). According to Bloomberg, the jury found that while the producers did conspire, their actions did not unreasonably restrict trade and, therefore, they are not liable for antitrust violations. The lawsuit was brought by Kraft Foods Global, Inc., Kellogg Company, General Mills, Inc., and Nestlé USA, Inc. against United Egg Producers, Inc. The plaintiffs had accused the egg producers of conspiring to reduce the supply of eggs and increase the market price for egg products.

Animal Welfare: Prevention of Cruelty to Farm Animal Initiative to be Added to California Ballot
On June 22, 2018, the California Secretary of State announced the eligibility of a farm animal confinement initiative to be added to the November 6, 2018, ballot. The initiative, Prevention of Cruelty to Farm Animals Act, aims to phase out “extreme methods” of farm animal confinement to decrease the risk of foodborne illness. The initiative establishes minimum space requirements for veal calves, breeding pigs, and egg-laying hens. To qualify for the ballot, the initiative acquired over 402,468 valid petition signatures.

Dairy Policy: USDA Report Shows Increase in Dairy Herd Size and Milk Production
On June 19, 2018, the United States Department of Agriculture (USDA) National Agricultural Statistics Service published the Milk Production report for May 2018 which showed an increase in milk production and herd size. According to the report, the 23 major producing states produced 17.9 billion pounds of milk during May 2018, which was an increase of 0.9 percent from May 2017. Milk production per cow averaged 2,052 pounds for May, the highest production rate for the month of May since these reports began in 2003.  For all states, milk production increased by 0.8 percent from May 2017, and production per cow averaged 2,031 pounds.

National Agricultural Policy: Committee Report Examines Rural Economy
On June 20, 2018, the Joint Economic Committee released a report that examines the current state of the rural economy. According to the report, there are 46 million rural residents in the United States accounting for 14 percent of the total population. On average, rural families earn 25% less than those in urban areas but enjoy a higher rate of homeownership. To improve economic growth in rural communities, the report provides proposals in finance, education, infrastructure, housing, health care, and agriculture. The report is entitled, Investing in Rural America, Brining Progress and Economic Opportunity to Rural Communities.

Water Quality: United Nations Organization Releases Report on Water Pollution from Agriculture
On June 20, 2018, the Food and Agriculture Organization (FAO) of the United Nations released a report on the impact of water from agricultural activities on the environment. The report is a compilation of data representing water pollution from rural and agricultural sectors, including crops, livestock and aquaculture. Specifically, the report analyzes agricultural irrigation, nitrogen fertilizers, chemical pesticides, oxygen depletion, and salinization. The report also examines the impacts of this pollution on human health, water sources, and the environment. The report is entitled, More People, More Food, Worse Water? A Global Review of Water Pollution from Agriculture.

From National Ag Law Experts:
Weekly Roundup, Tiffany Dowell Lashmet, Texas Agricultural Law Blog, June 21, 2018
Intentional Adulteration Mitigation Strategies - Initial Draft Guidance, Michael J. O’Flaherty, Olsson Frank Weeda Terman Matz PC, June 25, 2018

Pennsylvania Legislation
Agriculture and Rural Affairs (H)
SB 819: bill to ensure that agritourism activities are treated as part of agriculture authorized on farms preserved under the state farmland preservation program (passed by the Senate June 18, 2018) (referred to the House June 20, 2018)

SB 1171: provides for the creation of a new Farm Animal Advisory Board to give farmers more input into environmental regulations (passed in the Senate June 20, 2018, referred to House Agriculture & Rural Affairs Committee June 21, 2018)

Follow us on Twitter at PSU Ag & Shale Law (@AgShaleLaw) to receive AgLaw HotLinks
"Weeds Are Winning in the War against Herbicide Resistance" - Scientific America
"Protecting the U.S. food supply from attack" - Morning Ag Clips
"U.S. studies EU’s tactics for African swine fever defense" - National Hog Farmer
“Trade Groups Ask Congress to Step in Regarding Trade” - Brownfield
"Does agriculture need reset key on herbicides?" - Farmpress
"Virulent Newcastle Disease means backyard chicken craze needs to clean up its act" – Food Safety News
"Milk alternatives hastening change in dairy industry"  - Feedstuffs
"EU Tariffs on U.S. Ag Goods Making Waves" - Brownfield
"Groups weigh in on House farm bill vote" - FarmPress
"A trade war with China could hit these communities hardest" - Washington Post

Stay Informed:
Listen to our weekly Agricultural Law Podcast
Read our monthly Agricultural Law Brief newsletter
Follow us on Twitter at PSU Ag & Shale Law (@AgShaleLaw) to receive daily AgLaw HotLinks
Connect with us on Facebook to view our weekly CASL Ledger detailing Center publications and activities
Visit The Ag & Food Law Blog for a comprehensive summary of daily judicial, legislative, and regulatory developments in agriculture and food
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Thursday, October 19, 2017

Agricultural Law Weekly Review—October 19, 2017

Written by M. Sean High—Staff Attorney
                 
The following information is an update of recent local, state, national, and international legal developments relevant to agriculture:

GIPSA: USDA Withdraws Proposed GIPSA Rule
On October 18, 2017, the U.S. Department of Agriculture (USDA) published notice in the Federal Register that the agency was withdrawing the Grain Inspection, Packers and Stockyards Administration (GIPSA) rule proposed on December 20, 2016 (82 FR 48603).  According to the USDA, the proposed rule was intended to clarify unfair, unjust, or deceptive practices and to determine when such practices resulted in unfair advantages for packers, swine contractors, or live poultry dealers.  The USDA stated that as a result of withdrawing the proposed rule, the agency will continue the approach of determining “unfair and deceptive practices on a case-by-case basis.”

Immigration: DOJ and DOS Announce Partnership to Fight Visa Fraud
On October 11, 2017, the U.S. Departments of Justice (DOJ) and State (DOS) announced a formal partnership between the two agencies for the purpose of fighting employer visa fraud.  According to the announcement, the agreement provides for the DOJ’s Civil Rights Division and the DOS’s Bureau of Consular Affairs to share information on employers who may be “engaging in unlawful discrimination, committing fraud, or making other misrepresentations in their use of employment-based visas, such as H-1B, H-2A, and H-2B visas.” According to the DOJ, the goal of the partnership is to hold accountable those employers that discriminate against U.S. workers through the favoring of foreign visa workers.  

Pesticides: EPA Announces Label Changes for Dicamba Use
On October 13, 2017, the U.S. Environmental Protection Agency (EPA) announced that the agency has reached a voluntary agreement with Monsanto, BASF and DuPont to provide new label requirements for dicamba application to growing plants.  Known as "over the top" use, under the new requirements, labels will state: (1) application is permitted only by certified applicators, (2) farmers must maintain specific records, (3) application is limited wind speeds below 10 mph, (4) application is limited to certain times during the day, (5) tank clean-out language, and (6) language regarding enhanced susceptible crops and record keeping with sensitive crop registries.  The EPA stated that the manufacturers have agreed to have the new labeling ready for use in the 2018 season.

Chesapeake Bay: Pennsylvania Announces Hundreds of Farmers to Receive Reimbursement for Clean Water Plans
On October 13, 2017, the Pennsylvania Department of Environmental Protection (DEP) announced plans to reimburse a minimum of 800 Pennsylvania farmers for the cost of preparing agricultural plans for clean water.  According to the DEP, in an effort to help the Commonwealth meet the Environmental Protection Agency’s water pollution mandated targets for the Chesapeake Bay, state law requires that farmers implement one of the following: (1) a manure management plan, (2) a nutrient management plan, or (3) an agriculture erosion and sediment control plan.  Additionally, in certain circumstances, a farmer may be required to implement more than one of these plans.  Costs to prepare the various plans can range from $500 to $1,500 depending on the size of the farm.  The DEP asserted that while a minimum of 800 plans will be reimbursed, the department could potentially cover the costs of 2,200 plans.  The DEP stated that farmers are eligible for reimbursed for plans developed after January 1, 2017.

Soda Tax: Cook County Illinois Repeals Soda Tax
On October 11, 2017, the Chicago Sun Times reported that the Cook County Board of Commissioners voted 15-2 to repeal the county’s 1 cent an ounce tax on sweetened beverages.  Passed in November 2016, the sweetened beverage tax went into effect August 2, 2017.  According to the article, the elimination of the sweetened beverage tax will result in anticipated $200 million budget short-fall for the county, which includes the city of Chicago.

Pennsylvania Legislation
Pennsylvania Senate
  • HB 790  Controlled Plant and Noxious Weed Act (amended on third consideration by Senate, October 17, 2018)


Environmental Resources and Energy (S)
  • SB 799 Legislation to create a program for Pennsylvania municipalities and municipal separate storm sewer systems (MS4s) to meet their taxpayer funded Chesapeake Bay nutrient reduction mandates (reported for first consideration by Senate, October 17, 2017)


Agriculture and Rural Affairs (H) and Agriculture and Rural Affairs (S)
  • Joint informational meeting on Spotted Lanternfly (October 18, 2017)


Pennsylvania Actions and Notices
State Horse Racing Commission

 AgLaw HotLinks:


Listen to our new Agricultural Law Podcast by clicking here!

Follow us on Twitter at PSU Ag & Shale Law (@AgShaleLaw) to receive AgLaw HotLinks

Connect with us on Facebook! Every week we will post the CASL Ledger which details all our publications and activities from the week.

Stay informed with our monthly Agricultural Law Brief located here.


For a comprehensive summary of daily judicial, legislative, and regulatory developments in agriculture and food, visit The Ag & Food Law Blog.
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Thursday, September 7, 2017

Agricultural Law Weekly Review—September 7, 2017

Written by M. Sean High—Staff Attorney

The following information is an update of recent local, state, national, and international legal developments relevant to agriculture:

FSMA: FDA Issues Produce Safety Rule Compliance Guide for Small Entities
On September 5, 2017, the U.S. Food and Drug Administration (FDA) announced the release of guidance material designed to help small businesses comply with the Food Safety and Modernization Act’s (FSMA) Produce Safety Rule.  According to the FDA, the guidance material is specifically intended to assist small and very small “farmers determine whether they are eligible for a qualified exemption, which would modify the requirements they are subject to under the Produce Safety Rule.” Additionally, the FDA stated that the guidance material “can also help [small and very small farmers] understand those modified requirements.”

WIC: USDA Eases WIC Restrictions to Assist Hurricane Harvey Victims
On September 4, 2017, The U.S. Department of Agriculture (USDA) announced a temporary easing of the Special Supplemental Nutrition Program for Women, Infants and Children (WIC) rules in order to help hurricane-stricken program participants in Texas.  According to the USDA, “[u]nder normal circumstances, [WIC participants] can use their food benefits at authorized retailers to purchase only specific WIC food items.”  According to the USDA, through September 24, 2017, program participants in Texas will be allowed to purchase certain WIC products based on what is available on store shelves.

Animal Welfare: Virginia Announce Convictions in Animal Cruelty Cases
On August 29, 2017, Virginia Attorney General Mark R. Herring announced that his Animal Law Unit team had recently secured seven convictions in animal cruelty cases brought within the state.  According to Attorney General Herring, "[t]hese convictions send a clear, strong signal across the Commonwealth that my team and I take these crimes seriously, and that those who commit cruelty to animals will be held accountable for their actions." According to the announcement, “Attorney General Herring established a first of its kind Animal Law Unit in January 2015…[which] has been recognized by the Norfolk SPCA and the Animal Legal Defense Fund for its groundbreaking trainings, complex investigations, and prosecutions of animal cruelty.” 

Mergers and Acquisitions: Dow DuPont Merger Completed
On September 1, 2017, DowDuPont™ announced “the successful completion of the merger of equals between The Dow Chemical Company (“Dow”) and E.I. du Pont de Nemours & Company (“DuPont”), effective Aug. 31, 2017.”  The announcement stated that “[t]he combined entity is operating as a holding company under the name “DowDuPont™” with three divisions – Agriculture, Materials Science and Specialty Products.” According to the announcement, “[o]nce each division has its own processes, people, assets, systems and licenses in place to operate independently from the parent company, DowDuPont intends to separate the divisions to stand within their own legal entities.” This intended separation is expected to occur within 18 months.

Dairy Programs: Margin Protection Program Enrollment Opens; Producers Permitted to Opt-Out
On August 31, 2017, the U.S. Department of Agriculture (USDA) Farm Service Agency (FSA) announced “that starting Sept. 1, 2017, dairy producers can enroll for 2018 coverage in the Margin Protection Program (MPP-Dairy).”  According to FSA, the MPP-Dairy “offers dairy producers: (1) catastrophic coverage, at no cost to the producer, other than an annual $100 administrative fee; and (2) various levels of buy-up coverage.” Importantly, FSA stated that “Secretary Sonny Perdue has utilized additional flexibility this year by providing dairy producers the option of opting out of the program for 2018.” According to Acting Deputy Under Secretary for Farm Production and Conservation Rob Johansson, the decision to allow producers the ability to opt-out of the MPP-Dairy program “is in response to requests by the dairy industry and a number of MPP-Dairy program participants.”

Chesapeake Bay: Study Examines Effect of Pennsylvania’s “Manure Hot Spots” on the Chesapeake Bay
On August 31, 2017, the Environmental Integrity Project (EIP) released a report entitled: Unsustainable Agriculture—Pennsylvania’s Manure Hot Spots and their Impact on Local Water Quality and the Chesapeake Bay.  According to the report, “EIP looked closely at four counties where the per-acre application of nitrogen and phosphorus is the highest – Franklin, Lancaster, Lebanon, and Union Counties.” EIP stated that the “report examines input data and model estimates from the Chesapeake Bay Program’s revised Bay Model, and compared these four counties to the rest of the Commonwealth.”

Pennsylvania Legislation
Agriculture and Rural Affairs Committee (House)
  • HB 1750: Legislation amending Title 3 (Agriculture) of the Pennsylvania Consolidated Statutes to allow customers to bring pet dogs to outdoor dining areas of retail food facilities (Referred to Committee Aug. 30, 2017)


Pennsylvania Actions and Notices
Department of Agriculture


AgLaw HotLinks:


Listen to our new Agricultural Law Podcast by clicking here!

Follow us on Twitter at PSU Ag & Shale Law (@AgShaleLaw) to receive AgLaw HotLinks

Connect with us on Facebook! Every week we will post the CASL Ledger which details all our publications and activities from the week.

Stay informed with our monthly Agricultural Law Brief located here.


For a comprehensive summary of daily judicial, legislative, and regulatory developments in agriculture and food, visit The Ag & Food Law Blog.
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