Showing posts with label National Ag Policy. Show all posts
Showing posts with label National Ag Policy. Show all posts

Thursday, July 20, 2017

Agriculture Law Weekly Review – July 20, 2017

Written by Deanna Smith and Joseph Mooradian – Research Assistants
Antibiotics: Pew Report Provides Information on Alternatives to Animal Antibiotics
On July 10, 2017, The Pew Charitable Trusts published a report entitled Alternatives to Antibiotics in Animal Agriculture, which details ways to “maintain healthy herds and reduce the need for antibiotics.” Since the use of antibiotics has been limited by FDA Guidance 213, the industry will need to find alternative routes to promote healthy herds, a goal the Pew report aims to assist with. Pew’s solutions are wide ranging, including probiotics, antimicrobial peptides, and vaccines, among others. The report also highlights the ways that these alternatives interact, providing information enabling the optimization of animal health-care in the wake of reduced antibiotic use.


National Organic Program: Nature Valley “100% Natural” Lawsuit Dismissed
On July 12, 2017, the U.S. District Court for Minnesota granted a motion to dismiss in a lawsuit brought against General Mills, specifically concerning the company’s Nature Valley brand oat-based food products. The claim concerned the various foods’ “100% Natural” label, with the complaint arguing that, “this claim is misleading, false, and deceptive because Nature Valley Products contain trace amounts of the chemical glyphosate[.]” The Court dismissed the claim on the basis that the plaintiffs failed to state an adequate claim, concluding that the plaintiffs had too broadly construed the “100% Natural” labeling. The Court also stated that, “It would be nearly impossible to produce a processed food with no trace of any synthetic molecule.”


Animal Welfare: House Appropriations Committee Votes on Horse Slaughter Ban
On July 12, 2017, the United States House Committee on Appropriations approved the 2018 Agriculture Appropriations Bill which did not include a ban on using federal funds for horse meat inspections. Earlier that day, the Committee voted to not reinstate the ban on federally funded horse slaughtering in the U.S.. Generally, federal funds are necessary for the running of horse slaughtering facilities because USDA employees must inspect the horses meant for human consumption. This is the second time since the original ban on federally funded horse slaughtering that the Appropriations Committee has left the ban out of the Agriculture Appropriations Bill. The first time was in 2011, the same year the General Accountability Office (GAO) released a report titled, “Action Needed to Address Unintended Consequences from Cessation of Domestic Slaughter.” To read more about the history of horse slaughter legislation in the U.S., see this article in The New Food economy.


Industrial Hemp: New York Revises Industrial Hemp Law
On July 12, 2017, New York Governor Andrew Cuomo signed Assembly Bill 8509, which modifies the state’s industrial hemp law. The new bill defines industrial hemp as an agricultural product, establishes an industrial hemp seed certification program, and requires state agencies to collaborate on additional funding for research advancement. During the bill signing, Governor Cuomo remarked that, as a state, New York could find success in the industrial hemp market, and their goal is “to be the nation’s leader in hemp productions.”


National Ag Policy: USDA Releases its Emerging Animal Disease Preparedness Response Plan
On July 14, 2017, the USDA’s Animal and Plant Health Inspection Service (APHIS) released its Emerging Animal Disease Preparedness Response Plan. The plan, “outlines a strategy to detect and respond to emerging animal diseases and define the processes that APHIS will use to identify, evaluate, and respond to emerging diseases in animal populations.” The plan has been in the works since July of 2014. APHIS’s plan is a response to the rise in animal diseases over the last several decades, including of such diseases as, “porcine reproductive and respiratory syndrome, infectious salmon anemia, West Nile virus, and more recently porcine epidemic diarrhea virus.” Of note, APHIS says the document is not intended to remain in its current form in perpetuity, but rather that the plan is a, “living document, which may be updated as infrastructure or policies change.”


Animal Welfare: Perdue Farms Announces Animal Care Improvements
On July 17, 2017, "Perdue Farms announced animal care improvements that have elevated the welfare of its chickens.” This announcement came at the Perdue Farms’ Animal Care Summit, “a gathering of global animal care experts, advocates, researchers, and farmers,” where the company promised to meet criteria outlined in the “Joint Animal Protection Organization Statement on Broiler Chicken Welfare Issues.” The objectives will be incorporated into their own Commitments to Animal Care program, where some of the welfare issues were already being addressed. Some of the new animal welfare practices include giving the chickens more space, exposing them to more light during the day and less light at night, adding windows to chicken houses, moving to controlled atmosphere stunning (CAS), and raising slower growing chickens. To read more about Perdue’s animal welfare updates, see this Meat+Poultry article.


Pesticides: Court Allows Continued Use of Chlorpyrifos

On July 18, 2017 the United States Court of Appeals for the Ninth Circuit denied a motion challenging the EPA’s continued use of the pesticide chlorpyrifos. The motion was a challenge brought by the Pesticide Action Network North America and Natural Resources Defense Council (PANNA) and alleged that the EPA’s decision not to ban chlorpyrifos was inadequate. The court held that the motion was “premature” and that any objections to the EPA’s decision “must first be made through the administrative process mandated by statute.” This recent legislation is another chapter to the longer story between the EPA and PANNA. As discussed in the motion, PANNA filed an administrative petition with the EPA in 2007 asking them to ban the use of chlorpyrifos. Frustrated with a lack of response, in 2014 PANNA petitioned the court for an answer to their administrative petition which they were granted. In March of this year, the EPA responded by denying the petition, which is the reason for the current bout in court.


Pennsylvania Legislation


Agriculture and Rural Affairs (Senate)
  • SB792: An Act amending Title 3 (Agriculture) of the Pennsylvania Consolidated Statutes, repealing provisions relating to fertilizer; providing for fertilizer; in soil and plant amendment, further providing for disposition of funds; and, in seed, further providing for disposition of funds. (Re-referred to Appropriations, July 17, 2017)

Environmental Resources and Energy (Senate)
  • SB168: A Resolution directing the Joint State Government Commission to establish an advisory committee to conduct a thorough and comprehensive analysis of the potential impact of removing Cambria County from the emissions testing program and report findings and recommendations to the Senate. (Referred to Environmental Resources and Energy, July 14, 2017)


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Thursday, June 29, 2017

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)


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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.

Thursday, June 22, 2017

Agriculture Law Weekly Review – June 22, 2017

Written by Deanna Smith – Research Assistant

Industrial Hemp/Cannabis: Pennsylvania Issues First Medical Marijuana Permits

On June 20, 2017, the PA Department of Health announced the release of twelve medical marijuana permits for growers and processors throughout Pennsylvania. Two permits per each of the six regions delineated by the PA Department of Health. The recipients “now have six months to become operational before they can begin growing medical marijuana.” John Collins, Director of the Office of Medical Marijuana, said this development keeps them “on track to fulfill the Wolf Administration’s commitment to deliver medical marijuana to patients in 2018.”  For more information, PennLive.com published an article with additional material on the permit recipients.

Antitrust: Dept. of Justice Approves Dow/DuPont Merger

DuPont and Dow Chemical Co. have reached an agreement with the Antitrust Division of the U.S. Department of Justice regarding the merger of the two companies. A civil antitrust lawsuit and settlement filed June 15, 2017, stipulates that the companies divest certain crop protection and petrochemical products. DuPont’s Finesse herbicide and Rynaxypyr insecticides as well as Dow’s businesses used in food packaging are the few key businesses that must be sold in order to maintain market competition.

International Trade: USDA Proposes to Loosen Restrictions on Chinese Chicken Imports

On June 16, 2017, USDA’s Food Safety and Inspection Service (FSIS) published a proposed rule that would amend their inspection regulations and enable China to export poultry products from birds that have been slaughtered in China to the United States. Currently, China is allowed to export to the U.S. only processed poultry products that have been slaughtered in the U.S. or another eligible country. FSIS has reviewed the poultry slaughter inspection system implemented in China and determined it the equivalent of the U.S. standards in the Poultry Products Inspection Act (PPIA).

GMO Regulation: Two New GMO Products Approved for Shipment to China

On June 14, 2017, Dow Chemical Co. and Monsanto Co. were given permission by China’s Ministry of Agriculture to start shipping two new GMO products to China. Dow AgroSciences’ Enlist corn variety and Monsanto’s Vistive Gold soybean join the 14 other genetically modified crops allowed as U.S. imports into China. Fox Business reported that this decision “comes after Beijing agreed to speed up reviews of biotechnology applications as part of a trade deal with the Trump administration last month.”

Pesticides: Farmworkers and Health Organizations Sue EPA

On June 14, 2017, Earthjustice and Farmworker Justice filed a complaint against the EPA in response to the EPA’s one year delay in implementing the Certification of Pesticide Applicators Rule. This final rule contains updated standards for the protection of those using and handling pesticide applicators. It proposes safety measures such as increased training requirements and a minimum age requirement for applicators.

National Ag Policy: Perdue Hosts First Meeting of the Interagency Task Force on Agriculture and Rural Prosperity

On June 15, 2017, USDA announced that U.S. Secretary of Agriculture Sonny Perdue hosted the first meeting of the Interagency Task Force on Agriculture and Rural Prosperity. At the meeting, Sec. Perdue said “we are telling rural America that we’re here, we’re listening, and we’re going to help provide you with the resources, tools, and support to build robust, sustainable communities for generations to come.” The task force is required to issue a report within 180 days of its formation containing recommendations on legislative and administrative actions.

National Ag Policy: Senate Ag Committee Holds Farm Bill Hearing Focusing on Agricultural Research

On June 16, 2017, the Senate Agriculture Committee held a Farm Bill hearing focused on agricultural research. In the opening statements, U.S. Senator Debbie Stabenow, Ranking Member of the U.S. Senate Committee on Agriculture, Nutrition, & Forestry, said “[n]ow, more than ever, it is critical to invest in public research and support our world class agricultural research institutions that make our farms more productive and sustainable.” The hearing went on to discuss the critical role of agricultural research throughout the years, and the importance of its progress. 

Environmental Credit Trading: Rice Farming Carbon Credits Sold to Microsoft

In June 2015, the California Air Resources Board (ARB) approved a protocol that would allow farmers to offset carbon emissions through their farming methods and get compensated for their efforts by selling credits in the state’s cap-and-trade market. Two years later, on June 14, 2017, Environmental Defense Fund (EDF) reported that the first voluntary carbon credits generated by U.S. rice farmers were sold to Microsoft. To read more about California’s rice protocol and conservation efforts, visit the EDF webpage, Greenhouse gas markets for agriculture.

Pennsylvania Legislation

Agriculture and Rural Affairs (House)
  • HB1518: An Act amending the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929, in organization of independent administrative boards and commissions, further providing for Agricultural Lands Condemnation Approval Board. (Reported out of Committee, June 20, 2017)
  • HB1550: An Act amending the act of June 30, 1981 (P.L.128, No.43), known as the Agricultural Area Security Law, further providing for purchase of agricultural conservation easements. (Reported out of Committee, June 20, 2017)
  • 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. (Third consideration and final passage, June 19, 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, renaming the Department of Environmental Resources as the Department of Environmental Protection; defining the role of the Environmental Quality Board in the Department of Environmental Protection; making changes to responsibilities of the State Conservation Commission and the Department of Agriculture; transferring certain powers and duties to the Department of Health; and repealing inconsistent acts," in Department of Conservation and Natural Resources, further providing for contracts and agreements. (Third consideration and final passage, June 19, 2017)

Environmental Resources and Energy (House)
  • 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. (Reported out of Committee, June 19, 2017)
  • 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. (Reported out of Committee, June 19, 2017)
  • 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. (Reported out of Committee, June 19, 2017)


Hotlinks:

"Pennsylvania announces first round of medical marijuana permits" – PennLive.com


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.