Agricultural Law Weekly Review—October 5, 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:

Labor: House Chairman Announces Bill to Create New Agricultural Guestworker Program

On October 2, 2017, House Judiciary Committee Chairman Bob Goodlatte (R-Va.) announced legislation designed to create a new agricultural guestworker program for American farmers and ranchers.  Referred to as the Ag Act, Chairman Goodlatte’s bill would replace the current H-2A guestworker program with a new H-2C guestworker program.  According to the Chairman’s summary of the bill, the H-2C guestworker program would better meet producer needs by making available 500,000 visas each year for both seasonal and year-round agricultural work.   

Nutrition Labeling: FDA Seeks to Extend Compliance Dates for Nutrition Facts Labeling

On October 2, 2017, the U.S. Food and Drug Administration (FDA) published notice in the Federal Register proposing extensions to the compliance dates for the Nutrition Facts and Supplement Facts label final rule and the Serving Size final rule (82 FR 45753).  For manufactures with $10 million or more in annual food sales, the proposed delay would extend the compliance date from July 26, 2018, to January 1, 2020.  For manufactures with fewer than $10 million in annual food sales, the proposed delay would extend the compliance date from July 26, 2018 to January 1, 2021.

Clean Water Act: Tyson Pleads Guilty to Violating Clean Water Act

On September 27, 2017, the U.S. Department of Justice (DOJ) announced that Tyson Poultry Inc. (Tyson) has pleaded guilty to criminal charges for violating the Clean Water Act.  The DOJ stated that the charges stemmed from the release of the liquid food supplement “Alimet” at the company’s slaughter and processing facility in Monett, Missouri.  The DOJ asserted that the Alimet discharge caused the death of approximately 108,000 fish.  According to the DOJ, the plea agreement requires Tyson to pay a criminal fine of $2 million and serve two years of probation.

Horse Racing: PDA Addresses Recently Enacted Horse Racing Regulations

On September 26, 2017, the Pennsylvania Department of Agriculture (PDA) issued a press release regarding three recently enacted horse racing regulations addressing illegal performance enhancing drugs.  According to PDA, the regulations provide for increased penalties for repeat offenders, establish an out-of-competition testing program, and provide for horse ineligibility after a positive test.  PDA stated that with the enactment of the three regulations, significant consequences now exist for trainers, veterinarians and owners who choose to violate Pennsylvania’s horse racing laws.

Labor: Ben & Jerry’s Agrees to Improve Dairy Worker Conditions

On October 3, 2017, the New York Times reported that ice cream manufacturer Ben & Jerry’s has agreed to a program establishing labor standards for the Vermont dairy farms that supply the company with milk.  Entitled Milk With Dignity, the program mandates that dairy workers receive one day off a week and are paid at least the Vermont state minimum wage of $10.  According to the report, compliance with the program will be enforced through independent audits.

GMOs: Study Finds GM Soybean Oil Induces Less Obesity and Insulin Resistance

On October 2, 2017, Science Daily reported that a University of California, Riverside study found that the genetically modified (GM) soybean Plenish® induces less obesity and insulin resistance than conventional soybean oil.  Engineered to contain low levels of linoleic acid, Plenish® has a similar composition to olive oil.  While the study found less obesity and insulin resistance with Plenish®, the study did find that the GM soybean oil had the same effects on diabetes and fatty liver as those of conventional soybean oil.

Beef: BPI Establishes Fund for Workers Affected by “Pink Slime” Reporting

On September 28, 2017, Meat + Poultry reported that Beef Products Inc. (BPI) has established a $10 million fund to compensate workers that lost their jobs due to plant closures resulting from the negative reporting of BPI’s product Lean Finely Textured Beef.  According to the article, in 2012, ABC News published a series of reports that referred to BPI’s Lean Finely Textured Beef product as “pink slime”.  Subsequently, in 2012, BPI closed three production facilities and filed a defamation lawsuit against ABC News.  In June of 2017, the parties settled for an undisclosed amount.  The article stated that the fund will benefit 750 former workers.

                 

Pennsylvania Legislation

Environmental Resources and Energy (House)

• HB 1486 legislation exempting “high tunnels” that meet certain parameters from any requirements under the Storm Water Act (reported out of committee, October 3, 2017)

Environmental Resources and Energy (Senate)

• SB 917 legislation amending the Municipal Waste Planning, Recycling and Waste Reduction Act to expand the definition of “compost materials" to include “mushroom compost” (referred to committee, October 3, 2017)

Pennsylvania Actions and Notices

Department of Environmental Protection

• Nutrient Credit Trading Program
• Nutrient Credit Trading Program
• Pennsylvania Lake Erie Phosphorus Reduction Domestic Action Plan

Public Utility Commission

• Review of vegetation management practices 

AgLaw HotLinks:

• Dicamba dilemma pits industry against researchers – Feedstuffs
• Puerto Rico’s Agriculture and Farmers Decimated by Maria – The New York Times
• USDA fails to monitor foreign owners of farmland – Investigate Midwest
• FDA Agrees to Enforce Menu Labeling Rule in May 2018 – Food Safety Magazine
• BPI Establishes $10 Million Fund for Former Employees Following 'Pink Slime' Settlement – Cattle Network
•  Agriculture Department, Penn State Researchers Seek Public Input on State Pollinator Protection Plan – PA Department of Agriculture
• Global methane emissions from agriculture larger than reported, according to new estimates – Physics Org
• Campbell Soup Co. commits to higher broiler welfare standards – Meat + Poultry
• Food industry welcomes new deadline to revise nutrition labels – Food Safety
• Congressional Democrats seek 40 Billion for Rural Broadband – Brownfield
• More Details on Syngenta MIR162 Settlement – Ag Professional  

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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.

Agricultural Law Weekly Review—September 28, 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:

GMOs: Syngenta Settles with Corn Farmers over Loss of Chinese Market

On September 26, 2017, Syngenta announced that a settlement had been reached with U.S. corn farmers “to resolve litigation concerning the launch of Syngenta’s Agrisure Viptera and Agrisure Duracade corn traits.” The litigation stemmed from allegations that Syngenta had introduced new genetic traits (commercially advertised as Viptera and Duracade) into the U.S. corn market before the genetically modified varieties had been approved by all major export markets.  Eventually, the traits were detected in U.S. corn imports to China and resulted in U.S. corn farmers being denied access to the Chinese market.  Though Syngenta did not disclose the financial terms of the settlement, Bloomberg News reported  that the total amount exceeded $1.4 billion.

Pesticides: EPA Intends to Permit Use of Dicamba in 2018

On September 20, 2017, Reuters reported that the U.S. Environmental Protection Agency (EPA) intends “to allow farmers to spray the controversial weed-killer dicamba next year, but with additional rules for its use.” According to the report, Reuben Baris, the acting chief of the herbicide branch of the EPA Office of Pesticide Programs, recently told state regulators that “the agency had not yet determined what steps it would take to mitigate problems associated with dicamba.” Reuters stated that “[t]he herbicide, which fights weeds resistant to another herbicide called glyphosate, was linked to widespread crop damage this summer.” Accordingly, some farmers have alleged that “the chemical caused damage by drifting away from where it was sprayed to fields of soybeans and other plants that could not tolerate it.”

Labor: Michigan Dairy Pleads Guilty to Hiring Undocumented Immigrants

On September 20, 2017, M Live reported that Michigan dairy farmer Denis Burke has pleaded guilty to federal charges of hiring undocumented immigrants. The report stated that “[b]etween February 2008 and May 2013, [Burke and his wife] hired and harbored more than 100 undocumented immigrants to work on their [two Michigan] farms.” According to the report, under the terms of the guilty plea, Burke faces a prison sentence of between 33 and 41 months and must pay a fine of $187,500.

SNAP: USDA Extends D-SNAP to Floridians Affected by Hurricane Irma

On September 22, 2017, the U.S. Department of Agriculture (USDA) announced that “Floridians struggling with the after effects of Hurricane Irma could be eligible for help buying food through USDA’s Disaster Supplemental Nutrition Assistance Program (D-SNAP).” According to Agriculture Secretary Sonny Perdue, “households who may not normally be eligible under regular SNAP rules may qualify for D-SNAP -- if their income is under the disaster limits and they have qualifying disaster-related expenses.” The announcement stated that “D-SNAP eligible households in the affected areas will receive two months of benefits, equivalent to the maximum amount of benefits normally issued to a SNAP household of their size.”

Antimicrobial: FDA Announces Public Meeting for National Antimicrobial Resistance Monitoring System

On September 21, 2017, the U.S. Food and Drug Administration (FDA) published notice in the Federal Register announcing a public meeting entitled 2017 Scientific Meeting of the National Antimicrobial Resistance Monitoring System (82 FR 44189).  According to the notice, “[t]he purpose of the public meeting is to discuss the current status of the National Antimicrobial Resistance Monitoring System (NARMS) and directions for the future.”  The announced meeting is scheduled to be held in Washington, DC on October 24 and 25, 2017.

Spotted Lanternfly: PDA Expands Spotted Lanternfly Quarantine

On September 22, 2017, the Pennsylvania Department of Agriculture (PDA) announced that the Commonwealth’s Spotted Lanternfly quarantine had been expanded to include 26 municipalities in Berks, Bucks, Chester, Lehigh, Montgomery and Northampton counties.  According to PDA, “[t]he quarantine was already in effect in other areas of the six counties.” PDA stated that the Spotted Lanternfly, which can be particularly destructive to the apple, grape and hardwood industries, “had not been found in the United States prior to its initial detection in Berks County in the fall of 2014.”

                 

Pennsylvania Legislation

Agricultural and Rural Affairs Committee (Senate)

• Joint public hearing to discuss the Spotted Lanternfly (Hearing Room #1, North Office, October 18, 2017) 

Agricultural and Rural Affairs Committee (House)

• Public hearing on HB 1463 - legislation which will increase dog license fees and authorize a Statewide online license registry (Room 205, Ryan Office, September 27, 2017)
• Joint informational meeting on Spotted Lanternfly (Hearing Room #1, North Office, October 18, 2017) 

Environmental Resources and Energy (House)

• HB 1818 Legislation providing for labeling, signage, and restrictions on sales and use of seeds/plants treated with neonicotinoid pesticides (Referred to committee September 25, 2017) 

Pennsylvania Actions and Notices

Department of Agriculture

• Commercial kennel canine health regulations
• Weighmasters
• Addendum to the order of quarantine; spotted lanternfly 

Environmental Hearing Board

• Montgomery Township Friends of Family Farms v. Department of Environmental Protection and Herbruck Poultry Ranch, Inc., permittee; EHB doc. No. 2017-080-R 

State Conservation Commission

• 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 

AgLaw HotLinks:

• Forced to Farm? California Lawsuit Raises Question – Ag Web
• Proposed H-2C Ag Immigration Program to Head to Committee – Ag Web
• Waters of the US: Navigating New Political Currents – Drovers
• Animal welfare activists call for denial of petition to increase slaughter line speeds – Meat + Poultry
• Monsanto’s Weed Killer, Dicamba, Divides Farmers – The New York Times
• Americans Are Devouring Organic Chickens as Sales Rise – Bloomberg
• H2A Visa Use Reaches Record High – Farm Journal’s MILK
• Soda Tax Effort Underway in Portland, Oregon- Bloomberg BNA
• Cook County retailers say beverage sales drop nearly 50% in first month of tax – IEG Policy
• Some Positive Buzz about Honey Bee Numbers – Ag Web
• Organic import controls, oversight under scrutiny – Feed Stuffs
• Global Plan To Streamline 'Use By' Food Labels Aims To Cut Food Waste – NPR
• Finnish food safety authority to publish guidance on insect ingredients – Food Navigator  

Listen to our new Agricultural Law Podcast by clicking here!

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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.

Agricultural Law Weekly Review—September 21, 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:

                 

Ag-Gag: Tenth Circuit Rules Wyoming Resource Data Collection Law Violates First Amendment

On September 7, 2017, the U.S. Court of Appeals for the 10^th Circuit ruled that Wyoming’s “statutes imposing civil and criminal liability on any person who ‘[c]rosses private land to access adjacent or proximate land where he collects resource data’” violate the First Amendment.  The court stated that under the Wyoming statutes, the phrase “collects resource data” is broadly defined so as to include numerous activities on public lands that “fit comfortably in the speech creation category recognized” by case law.  Accordingly, the court asserted that while “trespassing does not enjoy First Amendment protection, the statutes at issue target the ‘creation’ of speech by imposing heightened penalties on those that collect resource data.”  As a result, the court held “that the statutes regulate protected speech under the First Amendment and…are not shielded from constitutional scrutiny merely because they touch upon access to private property.”

FSMA: FDA announces that the FSMA produce Safety Rule is Now Final

On September 17, 2017, the U.S. Food and Drug Administration (FDA) announced that the FDA Food Safety and Modernization Act (FSMA) Produce Safety rule is now final.  Initially proposed in 2013, FDA stated that “[t]he final rule is a combination of the original proposal and revisions outlined in the supplemental proposal (proposed in 2014), with additional changes as appropriate.” According to FDA, key requirement of the final rule include: (1) agricultural water; (2) biological soil amendments; (3) sprouts; (4) domesticated and wild animals; (5) worker training and health and hygiene; and (6) equipment, tools and buildings. 

FSMA: FDA Commissioner Announces Steps to Help States Implement Produce Safety Rule

On September 12, 2017, the U.S. Food and Drug (FDA) Commissioner Scott Gottlieb announced “a number of immediate next steps in a comprehensive approach to ensuring successful implementation of the Produce Safety Rule established by the FDA Food Safety Modernization Act.”  According to Commissioner Gottlieb, “the agency has recognized a need for additional efforts to educate the produce industry and state regulatory partners on the new produce safety requirements, and will continue its focus on training, guidance development, and outreach over the next year.”  As a result, Commissioner Gottlieb asserted the FDA’s intention to: (1) extend agricultural water compliance dates; (2) engage stakeholders regarding agricultural water standards; (3) recognize other methods that are appropriate for use in agricultural water testing; (4) delay inspections to assess compliance with the non-water requirements of the Produce Safety Rule for produce other than sprouts; and (5) work in partnership with farmers and the states to provide training opportunities for producers and regulators.   

Food Safety: FDA Commissioner Issues Statement Regarding Crops Affected by Recent Hurricanes

On September 14, 2017, the U.S. Food and Drug (FDA) Commissioner Scott Gottlieb issued a statement regarding crops, particularly rice, affected by Hurricanes Harvey and Irma.  Commissioner Gottlieb stated that “I want to make it clear that the FDA has not issued a ban on rice or any other food crops.”  According to the Commissioner, “[r]ice grown in normal conditions and rice that has not been exposed to contaminated floodwaters from the recent hurricanes may enter commerce.” Additionally, Commissioner Gottlieb stated that “rice and other crops that were harvested and stored safely before storms hit should not be considered impacted by these events.”

SNAP: Alaska Agrees to Pay Nearly $2.5 Million over Allegedly False SNAP Claims

On September 18, 2017, the U.S. Department of Justice (DOJ) announced that “[t]he Alaska Department of Health and Social Services (ADHSS) has agreed to pay the United States $2,489,999 to resolve allegations that it violated the False Claims Act in its administration of the Supplemental Nutrition Assistance Program.” According to the DOJ, beginning in 2009, ADHSS contracted with an outside consultant who “injected bias into ADHSS’s quality control process and resulted in ADHSS submitting inaccurate quality control data and information to USDA.” The DOJ alleged that due to the inaccurate submissions, ADHSS received “performance bonuses for fiscal years 2010, 2011, 2012, and 2013, that it should not have received.”

GMOs: European Court Finds Italy’s GMO ban unlawful

On September 13, 2017, Reuters reported that the European Court of Justice has determined that Italy wrongfully banned the cultivation of the genetically modified (GMO) maize MON 810.  Though previously approved by the European Union in 1998, Italy nonetheless decided to ban MON 810 after two Italian studies questioned the products safety.  According to the European Court of Justice, however, “unless there is significant evidence that GMOs are a serious risk to human or animal health or the environment, then member states cannot adopt emergency measures to prohibit their use.”

Food Safety: USDA Requires HACCP Reviews in Hurricane Affected Areas

On September 19, 2017, the USDA Food Safety and Inspection Service (FSIS) issued notice that establishments affected by recent hurricanes must reassess their Hazard Analysis Critical Control Point plans and take appropriate actions.  The notice stated that “[r]eview of FSIS data and published research indicates the potential for an increase in Salmonella incidence in regulated food products following flood events.” According to the notice, inspection program personnel must also “verify whether the establishment’s Sanitation SOPs and any cleaning and related monitoring are adequate to address any additional sanitation problems related to the hurricanes.”

FSMA: FDA Offers Training for Carriers covered by the Sanitary Transportation of Human and Animal Food Rule

On September 20, 2017, the U.S. Food and Drug Administration (FDA) announced that the “FDA is offering a one-hour training module, free of charge, to help carriers meet the requirements of FDA’s Sanitary Transportation of Human and Animal Food Rule.” According to the FDA, under the Sanitary Transportation Rule, covered rail and motor vehicle carriers must “provide food safety training to their personnel engaged in transportation operations.” The FDA stated that while the offered “course is designed to provide basic food safety training to transportation operations personnel…[it] does not describe specific operating procedures and practices.”  Instead the training is only “intended to complement industry best practices.”

Pennsylvania Actions and Notices

Milk Marketing Board

• Hearing and pre-submission schedule; all milk marketing areas; over-order premium

AgLaw HotLinks:

• USDA: Higher Ag Exports, Higher Trade Surplus In 2018 – Ag Web
• Cook County to consider repealing controversial sweetened beverage tax – IEG Policy
• Dicamba Lawsuits Mounting – Ag Web
• FDA delays some safety requirements for produce under FSMA to make them less complicated, costly – Food Navigator
• Organic Industry Sues USDA To Push For Animal Welfare Rules – NPR
• Penn State looks at safe, comfortable cage-free chicken housing – Feedstuffs
• Livestock groups seek waiver from trucking rules – Feedstuffs
• Digital GMO disclosure faces significant but manageable challenges, USDA study – Food Navigator
• Animal activists still targeting livestock, dairy producers – Farm and Dairy
• USDA can’t be sure organic imports are truly organic, reports OIG – Fern’s AG Insider
• Senate Passes Family Farmer Bankruptcy Clarification Act – Brownfield    

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.

Agriculture Law Weekly Review – July 13, 2017

Written by research assistant Deanna Smith

Biofuels: EPA Proposes Cuts to Biofuel Requirements

On July 5, 2017, the EPA released their proposal for 2018 biofuel requirements under the Renewable Fuel Standard (RFS). This proposed rule would lower the volume requirements for cellulosic biofuel, advanced biofuel, and total renewable fuel to less than the 2017 requirements. Under the RFS, the EPA is required to increase volumes of renewable fuels each year. However, the new rule relies on a statutory waiver authority allowing for decreased volumes when projected cellulosic biofuel volumes are less than the applicable volume specified in the statute. The current proposal provided for a 20% decrease from the original 2007 projections for 2018. For more information on the proposal, please see this Reuters article.

Ag-Gag: Utah’s ‘Ag-Gag’ Law Declared Unconstitutional

On July 7, 2017, Utah Code §76-6-112, better known as the state’s ‘ag-gag’ law, was struck down in the U.S. District Court for the District of Utah, Central Division. In the opinion, U.S. District Judge Robert Shelby declared the ‘ag-gag’ statute violated first amendment rights to free speech. The challenge to the statute was brought by People for the Ethical Treatment of Animals (PETA), the Animal Legal Defense Fund, and Amy Meyer, the director of the Utah Animal Rights Coalition. This is the second ruling by a federal court declaring an ‘ag-gag’ statute to be unconstitutional with Idaho’s state statute being invalidated in Animal Legal Defense Fund v. Wasden. That 2015 Idaho decision is on appeal and pending in the Ninth Circuit of the U.S. Court of Appeals. For more information, please see this article in National Public Radio.

Air Quality: U.S. Court of Appeals Denies CAFO Rehearing  

On July 3, 2017, the U.S. Court of Appeals for the D.C. Circuit declined to reconsider its decision that ruled Concentrated Animal Feeding Operations (CAFOs) are no longer exempted from reporting their air emissions. In 2008, the CERCLA/EPCRA Administrative Reporting Exemption for Air Releases of Hazardous Substances From Animal Waste at Farms excused farms of all sizes from submitting emergency release reports to federal authorities under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), and exempted most farms from reporting requirements under Emergency Planning and Community Right-to-Know Act (EPCRA). The challenge to this exemption was brought by environmental groups Waterkeeper Alliance, the Environmental Integrity Project, Sierra Club, Center for Food Safety, and Humane Society of the United States. Dave Warner with the National Pork Producers Council (NPPC) told Brownfield that the refusal to reconsider this ruling would result in “hundreds of thousands of reports from agricultural farms” that none of the parties involved can handle. For further reading on this issue, please see this Greenwire article.

Local Regulation: Judge Declares Local Health Department Not Allowed to Regulate Hog Farm

On July 6, 2017, News Press Now reported that Circuit Judge Randall Jackson in northwest Missouri issued an order stating the Andrew County Health Department cannot regulate a large hog farming operation. A local ordinance passed by the Andrew Country Health Department in 2010 enabled them to regulate concentrated animal farming operations (CAFO). Judge Jackson dismissed the lawsuit against the hog farmers and ruled that Missouri statutes do not authorize local health departments to pass regulations on CAFOs; only county commissions have that authority. A local source reports that the final judgment will be issued before July 17, 2017.

GMOs: USDA Progresses on GMO Labeling Rule

The National Bioengineered Food Disclosure Standard, enacted in 2016, charged the Agricultural Marketing Service (AMS) with developing a system for disclosing the presence of bioengineered material within two years. Last month, the USDA called for responses to thirty questions regarding what information about GMOs the public want to be disclosed on labels. This feedback period will end on July 17, 2017, and the input will be used to draft a proposed rule. In addition to the feedback, Natural Product Insider reports the USDA is also on track to receive the Deloitte Consulting study on GMO labeling feasibility by the statutory deadline of July 28, 2017. National Product Insider also reports that USDA’s Public Affairs Specialist Peter Woods indicated that USDA could have a proposed rule published before the end of 2017.

Pennsylvania Legislation

Agriculture and Rural Affairs (Senate)

• HB1494: An Act amending the act of June 28, 1995 (P.L.89, No.18), known as the Conservation and Natural Resources Act, in Department of Conservation and Natural Resources, further providing for contracts and agreements. (Presented to the Governor, July 10, 2017)

Environmental Resources and Energy (House)

• SB624: An Act amending the act of April 27, 1966 (1st Sp.Sess., P.L.31, No.1), known as The Bituminous Mine Subsidence and Land Conservation Act, providing for planned subsidence and for retroactivity. (Presented to the Governor, July 11, 2017)
• SB144: An Act amending the act of January 24, 1966 (1965 P.L.1535, No.537), known as the Pennsylvania Sewage Facilities Act, further providing for official plans. (Presented to the Governor, July 11, 2017)

HotLinks:

• “Zippy Duvall: Labor, infrastructure critical issues for agriculture” – Delta Farm Press
• “Japan tops Mexico to become leading buyer of U.S. corn” – Delta Farm Press
• “Tyson Foods to expand Pa. distribution center” – Meat + Poultry
• “Utah’s ‘ag-gag’ law is second to be found unconstitutional” – Food Safety News
• “West Virginia taking applications for hemp cultivation” – Marijuana Business Daily
• “Arkansas Dicamba Ban Starts Tonight” – AgWeb
• “USDA Denies Pennsylvania Request for National Dairy Hearing” – Farm Journal’s MILK
• “Issues to consider for GMO labeling” – Meat + Poultry
• “Amish farmers square off against Big Organic in milk battle” – The Washington Post
• “4 Key Differences Between the 1980s Farm Crisis and Now” – AgWeb
• “Monsanto’s Statement on Arkansas Dicamba Ban” – Monsanto
• “Conaway’s crusade: Getting to ‘yes’ on a budget to save the farm bill” – Politico
• “Trump analysis slashes WOTUS's economic benefits” – Greenwire

Follow us on Twitter at 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.

Agriculture Law Weekly Review – June 29, 2017

Written by Deanna Smith – Research Assistant

COOL: Cattlemen Sue Over Removal of County of Origin Labeling Requirements

On June 19, 2017, Ranchers-Cattlemen Action Legal Fund, United Stockgrowers of America, and Cattle Producers of Washington filed a complaint in the U.S District Court for the Eastern District of Washington against USDA. The lawsuit alleges that USDA’s revocation of the Country of Origin Labeling requirement upon imported meat is a violation of the statutory text in the Meat Inspection Act which mandates that all imported meat intended for human consumption be “labeled as required by such regulations for imported articles.” 21 U.S.C. § 620(a). This refers back to the Tariff Act of 1930, which states “every article of foreign origin … shall be marked … in such manner as to indicate to an ultimate purchaser in the United States … the country of origin of the article” 19 U.S.C. § 1304(a). For more information regarding the lawsuit, please see this article in Food Safety News, and for those who have access to PACER, you can view the complaint here.

Local Food: Maine Governor Paul LePage Signs Food Sovereignty Law

On June 16, 2017, Maine Governor Paul LePage signed LB 725, which allows municipalities to regulate local food systems and the “transport of water for commercial purposes beyond … the municipality” through local ordinances. The bill enables Maine municipalities to regulate their own food systems without state licensing and inspection requirements for food grown, sold, and consumed locally. Local municipalities still must adhere to state and federal regulations and the bill does not apply to food grown for distribution outside the municipality. For additional insight into Maine’s new food sovereignty law, see this article in Food Safety News.

Beef Grading: USDA Proposes Additional Standards of Grading for Beef Quality

On June 19, 2017, USDA’s Agricultural Marketing Service (AMS) published proposed amendments to the United States Standards for Grades of Carcass Beef. The new standards would require “dentition and documentation of actual age” in order to better classify maturity of carcasses during quality grading. Skeletal and muscular evidence are the only evidence currently used to determine meat palatability which in turn helps dictates the value of beef. This new requirement would enable USDA to look at more aspects of cattle and beef during official quality grading. For further reading on the proposed standard, see this article in Delta Farm Press.

National Ag Policy: The American Heart Association Issues “Presidential Advisory” on Dietary Fats and Cardiovascular Disease

In their June 20, 2017, edition of Circulation, the American Heart Association (AHA) issued a presidential advisory reviewing the scientific evidence on the effects of dietary saturated fat intake on cardiovascular disease (CVD). The advisory included the results of recent studies conducted on the effects dietary saturated fats have on CVD compared to the effects that potential substitutes have on CVD. Overall, AHA recommends lowering the intake of saturated fats by replacing them with unsaturated fats, especially polyunsaturated fats, in order to lower the prevalence of CVD. For more information regarding AHA’s presidential advisory, see this article in Food Safety News.

Antibiotic Use: Sanderson Farms Sued for Natural Label Claim

Organic Consumers Association, Friends of the Earth, and Center for the Food Safety filed a complaint June 22, 2017, against Sanderson Farms, Inc., alleging that the company falsely and misleadingly advertised its chicken products as “100% Natural.” The complaint claims that “residues of antibiotics important for human medicine, residues of veterinary antibiotics, and other pharmaceuticals, as well as residues of hormones, steroids, and pesticides” were found in inspections of Sanderson Farms’ chicken. Sanderson Farms reportedly supplies chicken to companies such as Walmart, Weis, Dairy Queen, and Chili’s. For additional information, including a statement from Sanderson Farms Chief Financial Officer Mike Cockrell, see this article in Meatingplace.

GMOs: Kansas Farmers Awarded Over $217 Million in Syngenta Class Action Suit

On June 23, 2017, a federal jury found in favor of Kansas corn farmers awarding over $217,700,000 to 7,000 farmers. The class action lawsuit was filed in January of 2016 against Syngenta for introducing new genetic traits into the U.S. corn market before the GMO varieties had been approved by all major export markets. The complaint alleged that these traits, commercially advertised as Viptera and Duracade, were then found in imports to China before being approved. This resulted in the inability of U.S. corn farmers to export corn into China. Feedstuffs reported that this class action lawsuit was one of eight brought by corn farmers throughout the U.S. and the first one to go to trial. At the conclusion of the trial, a Syngenta spokesperson announced, “[t]he case is without merit, and we will move forward with an appeal and continue to defend the rights of American farmers to access safe and effective, U.S-approved technologies.”

International: European Court of Justices Upholds Dairy Labeling Standards

On June 14, 2017, the European Court of Justice ruled that plant-based dairy alternatives cannot be labeled with terms such as “milk,” “cream,” “butter”, “cheese,” or “yogurt.” This ruling comes in response to Verband Sozialer Wettbewerb (VSW) filing a lawsuit against TofuTown, a German vegetarian and vegan food producer with products such as “Soyatoo Tofu butter,” and “Plant cheese.” The lawsuit alleged that the use of such terms violated Article 78 of Regulation No 1308/2013 of the European Union titled “Definitions, designations and sales descriptions for certain sectors and products.” This decision has been lauded by the National Milk Producers Federation as can be seen in their June 23 press release. For more information about this court decision, please see the following article in Just-Food.

WOTUS: EPA and Army Corps of Engineers Propose Rescission of Clean Water Rule

In a press release issued on Tuesday, June 27, 2017, the U.S. Army and EPA announced a proposal to withdraw the Clean Water Rule and to “re-codify the regulatory text that existed prior to 2015 defining ‘waters of the United States.’” The proposed rule would codify the identical regulatory text that was in place prior to the 2015 Clean Water Rule, effectively negating the U.S. Court of Appeals for the Sixth Circuit’s decision to stay the 2015 rule. Following this action, the agencies intend to conduct an extensive re-evaluation of the definition of waters of the U.S. in accordance with President Trump’s Presidential Executive Order on “Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the ‘Waters of the United States’ Rule.” For more information, please see the pre-publication version of the proposed rule.

Pennsylvania Legislation

Agriculture and Rural Affairs (Senate)

•      HB944: An Act amending the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, in terms and courses of study, further providing for agricultural education and providing for Commission for Agricultural Education Excellence. (Referred to AGRICULTURE AND RURAL AFFAIRS, June 23, 2017)
•      HB1494: An Act amending the act of June 28, 1995 (P.L.89, No.18), known as the Conservation and Natural Resources Act, in Department of Conservation and Natural Resources, further providing for contracts and agreements.( Referred to AGRICULTURE AND RURAL AFFAIRS, June 23, 2017)

Environmental Resources and Energy (House)

•      HB1341: An Act amending the act of July 7, 2008 (P.L.654, No.55), known as the Bituminous Coal Mine Safety Act, in emergency medical personnel, further providing for definitions, for emergency medical personnel, for regulations, for continuing training, for certification and for liability. (Final passage, June 26, 2017)
•      HB1333: An Act amending the act of May 31, 1945 (P.L.1198, No.418), known as the Surface Mining Conservation and Reclamation Act, further providing for mining permit, reclamation plan and bond. (Final passage, June 26, 2017)
•      SB639: An Act amending the act of March 1, 1988 (P.L.82, No.16), known as the Pennsylvania Infrastructure Investment Authority Act, further providing for definitions; and providing for additional use of funds for financial assistance. (Referred to ENVIRONMENTAL RESOURCES AND ENERGY, June 27, 2017)
•      HB1624: An Act amending the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, providing for education reinvestment severance tax, for minimum royalty for unconventional oil or gas well products and for remedy for failure to pay the minimum royalty on unconventional oil or gas wells; and making a related repeal. (Referred to ENVIRONMENTAL RESOURCES AND ENERGY, June 26, 2017)

HotLinks:

•           "Pa. Senate hearing on soda tax drowned out by protest" – Phillydotcom
•           "Don't Drink The COOL-Aid" – AgWeb
•           "Disparagement trial begins week 4; ABC News stands ground" – Food Safety News
•           "SYNGENTA TO PAY $217+ MILLION TO FARMERS IN VIPTERA CASE" – Brownfield Ag News
•           "USDA Authorizes Emergency Grazing in Drought-Stricken Montana, North Dakota and South Dakota" – USDA
•           "Take Feta. Add Frites. Stir in European Food Rules. Fight." – New York Times
•           "Sugar tax study: ...'fascinating experiment in public health policy'" – Food Navigator
•           "Europol: False organic certification continues to be major problem" – Food Navigator
•           "U.S., Canada and Mexican ag ministers commit to keeping markets open" – Food Chemical News
•           "Trump Pledges Rural Broadband Support in Infrastructure Package" – AgWeb
•           "USDA Halting Import of Fresh Brazilian Beef" – USDA
•           "Urban Farming Won't Save Us From Climate Change" – Bloomberg

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