Agricultural Law Weekly Review—January 3, 2019

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:

Farm Bill: President signs 2018 Farm Bill

On December 20, 2018, President Donald Trump signed into law the 2018 Farm Bill (H.R.2 - Agriculture Improvement Act of 2018).  According to a White House press release, the new legislation addresses crop insurance, maintains disaster programs for farmers affected by weather market disruptions, promotes agricultural exports, expands rural broadband efforts, promotes voluntary conservation, facilitates water infrastructure, and encourages forest management.  The White House stated that the 2018 Farm Bill, which passed the U.S. Senate by a vote of 87-13 and the U.S. House by a vote of 369-47, was the first farm bill since 1990 that was enacted in the same year it was introduced.

Food Labeling: USDA Issues GMO Labeling Final Rule

On December 21, 2018, the U.S. Department of Agriculture (USDA) published notice in the Federal Register of a final rule establishing the new national mandatory bioengineered (BE) food disclosure standard (83 FR 65814).  BE foods are also commonly known as genetically modified foods.  Under the new rule, food manufacturers, importers, and other entities that label foods for retail sale will be required to disclose information about BE food and BE food ingredients.  Disclosure options include text, symbol, electronic or digital link, and/or text message.  Additional options, however, are available for small food manufacturers.  Implementation of the new rule begins on January 1, 2020, though implementation for small food manufacturers begins on January 1, 2021.  For more information and to view the new BE labels, visit USDA here.

Conservation Easement: DOJ Brings Suit against Alleged Conservation Easement Tax Scheme

On December 19, 2018, the U.S. Department of Justice (DOJ) announced a complaint filed in the U.S. District Court for the Northern District of Georgia regarding an alleged illegal conservation easement syndication tax scheme.  According to DOJ, the alleged scheme involves donations of conservation easements and false or fraudulent tax benefits from those donations.  DOJ stated that the named defendants “sold at least 96 conservation easement syndicates resulting in the syndicates reporting over $2.0 billion of tax deductions…resulting in hundreds of millions of dollars of tax harm.”

FSMA: FDA Publishes Electronic User Guide for Accredited Third-Party Certification Program

On December 20, 2018, the U.S. Food and Drug Administration (FDA) announced the publication of an electronic user guide for the agency’s Accredited Third-Party Certification Program Portal.  Established under the FDA Food Safety Modernization Act, the Accredited Third-Party Certification Program allows FDA to recognize “accreditation bodies” that may accredit third-party “certification bodies.” Upon receiving accreditation, third-party certification bodies will be permitted to conduct food safety audits and issue certifications for food facilities.  According to FDA, the purpose of the guide is to help entities apply for recognition as accreditation bodies and to help recognized accreditation bodies manage their accounts.

Organic Agriculture: Farmer Charged for Falsely Marketing $140M Worth of Organic Grain

On December 19, 2018, the Associated Press (AP) reported  that a Missouri farmer was being charged for falsely marketing more than $140 million worth of corn, soybeans and wheat as certified organic grains.  According to the AP, Randy Constant marketed his grain products as certified organic even though at least 90% of the grain sold was non-organic.  The AP stated that Constant’s scheme dated back to at least 2004 and that the alleged victims included food companies and their customers who paid higher prices for organic products.

From National Ag Law Experts:

“Texas Court Stays Judgment Rendering ACA Invalid”, Kristine A. Tidgren, The Ag Docket- Iowa State University Center for Agricultural Law and Taxation (December 30, 2018)

“AgTech Year in Reverse: 2018”, Todd Janzen, Janzen Ag Law (December 27, 2018)

Pennsylvania Actions and Notices:

Department of Environmental Protection

Public notice of the deadline extension to submit annual reports for concentrated animal feeding operations under the PAG-12 National Pollutant Discharge Elimination System general permit

Milk Marketing Board

Hearing and presubmission schedule; milk marketing area No. 5

Pennsylvania Department of Agriculture:

“Department of Agriculture Advises Consumers to Discard Unpasteurized Dairy from Lancaster County Farm, Quarantines Raw Cow’s Milk Products”

Penn State Research:

“Annual, biological rhythms govern milk production in dairy cows” – Penn State News 

AgLaw HotLinks:

“Top players agree to develop plan for judicious use of antibiotics in animals” – Food Safety News

“Dairy Producers Receive a Boost from USDA” – U.S. Department of Agriculture

“Farm-Girl Barbie a good role model?” – Southwest Farm Press

“Ag groups file comments in support of emissions reporting exemption” – Feedstuffs

“A Peek at Your New Plate: How You’ll Be Eating in 2019” – The New York Times

“New farm law ‘better than expected’” – Delta Farm Press

“States seek Supreme Court intervention in Massachusetts animal standards” – Feedstuffs

“Dairy farming is dying. After 40 years, I’m done.” – The 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

Agricultural Law Weekly Review—July 20, 2016

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:

PA Tax Code: Governor Signs Tax Legislation Favorable to Agriculture

On July 13, 2016, Pennsylvania Governor Tom Wolf signed into a law Act 84 which amended the Pennsylvania Tax Reform Code of 1971 and included three changes favorable to agriculture.  First, the sale and transfer of agricultural conservation easements are now exempt from Pennsylvania realty transfer taxes.  Second, the legislation provides for an inheritance tax exemption for family farm businesses where the transfer of assets involves a corporation or trust.  Third, the legislation provides for a tax exemption for commercial timbering operations.

Industrial Hemp: PA Governor Approves Growth and Cultivation

On July 20, 2016, Pennsylvania Governor Tom Wolf signed Act 92 which permits the growth and cultivation of industrial hemp for research purposes in Pennsylvania.  According to Bill's cosponsors, Reps. Russ Diamond (R- Lebanon County) and Marty Flynn (D- Lackawanna County), industrial hemp can provide “fibers for textiles,…[and be] used to manufacture biodegradable plastics, building materials, food, paper, environmental, and energy products.” The representatives stated that “[c]ompanies overseas are switching out potentially dangerous fiberglass insulation with hemp insulation…[and that] [f]armers are cultivating the plant in between growing seasons as a cover crop for its ability to keep valuable nutrients in the soil.”

Clean and Green: Use Value Changes become Law

On July 20, 2016, Pennsylvania Governor Tom Wolf signed Act 89 which amends the Pennsylvania Farmland and Forest Land Assessment Act of 1974 (Clean and Green) providing preferential tax assessment of agricultural and farmland.  The new legislation prohibits the application of use values that result in assessments higher than fair market value.  

Pesticides: EPA Publishes Notice Regarding Certain Pesticides

On July 15, 2016, the Environmental Protection Agency (EPA) published a notice in the Federal Register entitled: Amendments to Terminate Uses for Certain Pesticide Registrations (81 FR 46075).  According to the Federal Register, the “notice announces EPA's final order for the amendments to terminate uses, voluntarily requested by the registrants and accepted by the Agency, [for certain pesticides] pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).” The cancellations under the order became effective July 15, 2016.

Proposed Rule: Importation of Sheep and Goats

On July 18, 2016, the United States Department of Agriculture (USDA) published notice in the Federal Register of a proposed rule “to amend the regulations that govern the importation of animals and animal products to revise the conditions for the importation of live sheep, goats, and certain other non-bovine ruminants, and products derived from sheep and goats, with regard to transmissible spongiform encephalopathies such as bovine spongiform encephalopathy (BSE) and scrapie” (81 FR 46619).  The comment period for the proposed rule closes September 16, 2016.

Final Rule: Non-Ambulatory Disabled Veal Calves

On July 18, 2016, USDA’s Food Safety and Inspection Service (FSIS) published notice in the Federal Register of a final rule amending the agency’s requirements for the disposition of non-ambulatory disabled veal calves (81 FR 46570).  According to FSIS, the amendments remove a provision in the regulations requiring that ante-mortem inspection to be conducted in pens.  FSIS stated that the “final rule makes clear that FSIS inspectors have the authority to conduct ante-mortem inspection and condemn non-ambulatory disabled veal calves the moment they arrive on the premises of the establishment.”

European Union: EU Commission Announces €500 million Support Package for Farmers

On July 18, 2016, the European Union (EU) Commission issued a press release “present[ing] a new package of measures worth €500 million from EU funds to support farmers in the face of ongoing market difficulties, particularly on the dairy market.”  According to the press release, the package contained three main elements: (1) a scheme to provide incentives to reduce milk production; (2) conditional adjustment aid that will allow Member States to receive matching funds; and (3) technical measures to provide flexibility, cash-flow relief, and safety net resources.

USDA to Invest $30 Million to Protect Wetlands

Written by Tyler R. Etter

On October 15, 2015, Ag Secretary Tom Vilsack announced that the United States Department of Agriculture (USDA) will invest $30 million across six states to aid in the protection and restoration of wetlands. The funding stems from the Westland Reserve Enhancement Partnership (WREP) that is authorized by the 2014 Farm Bill.

WREP, which is administered by the Natural Resources Conservation Service (NRCS), allows local governments, NGOs, and American Indian tribes to collaborate with NRCS through cooperative and partnership agreements. These partnerships work with tribal and private landowners to enroll eligible land into easements to protect, restore, and enhance wetlands on the property.

The states chosen for the funding for 2015-2016 are Iowa, Kentucky, Mississippi, Missouri, Nebraska, and Tennessee. Information on the individual projects to be funded can be found on the USDA news release linked above. The investment adds to the over $330 million the USDA announced for the 2015 fiscal year dedicated to the protection and restoration of agricultural working lands, grasslands, and wetlands.

Pennsylvania Preserves Additional 3,200 Acres of Farmland

On August 22, 2013, the Pennsylvania Agricultural Land Preservation Board announced the recent purchase of conservation easements on 3,246 acres of Pennsylvania farmland.  The newly preserved farmland is located in Adams, Allegheny, Bucks, Chester, Clinton, Cumberland, Dauphin, Fulton, Lackawanna, Lancaster, Lebanon, Luzerne, Lycoming, Mercer, Monroe, Montgomery, Northampton, Sullivan and Westmoreland counties. 

Established in 1988, “the Pennsylvania Agricultural Conservation Easement Purchase Program (PACEPP) was developed to strengthen Pennsylvania's agricultural economy and protect prime farmland.”  PACEPP allows state, county and local governments to purchase the development rights (known as conservation easements) of specifically targeted Pennsylvania farmland.  Since its inception, PACEPP has spent over $1.2 billion in acquiring conservation easements on 478,246 acres of farmland located throughout fifty seven different counties in Pennsylvania.  

For more information regarding PACEPP, please see the PA Department of Agriculture Bureau of Farmland Preservation Website. 

For more information regarding farmland preservation, please see the Penn State Agricultural Law Resource & Reference Center’s Publications Library.

Written by M. Sean High – Research Fellow

Agricultural Law Resource & Reference Center

Penn State University, The Dickinson School of Law

August 27, 2013

PA Governor Signs Bill Requiring Biennial Inspection of Agricultural Conservation Easements

The Governor of Pennsylvania signed House Bill 84 into law as Act No. 19 on June 24, 2013.  This bill amends the Agricultural Area Security Law.  These amendments require county governing bodies to inspect all agricultural conservation easements to ensure compliance with the terms of the easement.  The amendments contained within this bill will take effect immediately.

Act No. 19 requires county agricultural land preservation boards conduct biennial inspections of all agricultural conservation easements for compliance with the deed of the easement.  The first inspection must occur within one year of the easement sale.  The bill further requires that land owners be notified of a pending inspection and the inspection time and date must be agreed upon beforehand by the county and landowner.  Following the inspection, reports of the findings must be provided, within 10 days of the inspection, to the landowner.  Violations found during the inspection must be reported to the land owner via certified mail.  Furthermore, the county board and the State Agricultural Land Preservation Board may inspect the land, without prior notice, if there is reasonable belief that a violation of the deed has taken place.

For the full text of the bill, please see the PA General Assembly’s website. 

 

For more information, please visit the Agricultural Law Resource and Reference Center Agriculture Area Security Law Resource Center.

Written By Gaby Gilbeau – Research Assistant

The Agricultural Law Resource and Reference Center

June 25, 2013

Action on Several Bills by the PA General Assembly

There was action on several bills by the Pennsylvania General Assembly this week, including:

·         SB 1003 which will amend Title 3 (Agriculture) or the PA Consolidated Statutes, providing exemptions for those establishments which produce, process, package or sell honey, maple syrup or pasteurized cider from registration of food establishments.

o   This bill had been referred to the Agriculture and Rural Affairs committee on June 6, 2013 and was reported by the committee, without change, and underwent first consideration on June 17, 2013.

·         HB 84 which would further provide for the purchase of agricultural conservation easements and abrogating regulations, requiring county governing bodies to inspect all agricultural conservation easements to ensure compliance with the terms of the easement.

o   This bill was passed by both houses of the General Assembly (Senate – 1/22/13; House 6/17/13) and was signed by the House on 6/18/13.

·         HB 164 which will amend Title 18 (Crimes and Offenses) of the PA Consolidated Statutes, criminalizing the possession of animal fighting paraphernalia and further defines what constitutes “animal fighting paraphernalia.”

o   This bill passed in the House on June 17, 2013 and will now move to the Senate.

 

Written By Gaby Gilbeau – Research Assistant

The Agricultural Law Resource and Reference Center

June 18, 2013

Pennsylvania Agricultural Preservation Board Approves Preservation of 1,425 Additional Acres of Farmland

On August 25, 2011, the Pennsylvania Agricultural Preservation Board met to approve the safeguarding of 1,425 acres of farmland, located on sixteen farms in seven counties, for future agricultural purposes. The farm preservation movement runs through the Department of Agriculture's Pennsylvania Agriculture Conservation Easement Program, established in 1988 to slow down the loss of prime farmlands throughout the state. Since its beginning, the program has enabled state, county and local governments to invest more than $1 billion in development rights (conservation easements) purchases from farmers, equating to the protection of 453,419 acres from development for non-agricultural uses.

Read the Pennsylvania Department of Agriculture's Press Release here.

For more information on Farm Transitioning, please visit the Agricultural Law Center's Farm Transitioning Resource Area.

Written/Posted by Tanya J. Cramoy, Research Assistant