Agricultural Law Weekly Review—May 9, 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:

Agricultural Labor: DHS Increases Number of H-2B Temporary Nonagricultural Workers for 2019

On May 8, 2019, the U.S. Department of Homeland Security (DHS) published notice in the Federal Register that the department is increasing the numerical limit on H-2B nonimmigrant visas by an additional 30,000 visas through the end of Fiscal Year (FY) 2019 (84 FR 20005).  Under the Immigration and Nationality Act, the annual number of H-2B nonimmigrant visas for temporary nonagricultural workers is capped at 66,000.  Accordingly, 33,000 H-2B visas are allotted to the first half of each fiscal year (October 1 to March 31) and 33,000 H-2B visas to the second half of each fiscal year (April 1 to September 30).  Recently, due to high demand, 15,000 additional H-2B visas were awarded for both FY 2017 and FY 2018.  DHS stated that the additional 30,000 H-2B visas for FY 2019 are necessary to avoid irreparable harm to businesses that need H-2B workers for financial viability.

Pennsylvania Legislation: PA Senate Passes “Farming First” Legislation

On May 8, 2019, the Pennsylvania Senate passed five pieces of legislation, known collectively as the “Farming First” package, intended to strengthen the Commonwealth’s agricultural sector.  First, legislation was passed providing a personal income tax credit for landowners who lease or sell their land, buildings and equipment to beginning farmers (SB 478).  The legislation now moves to the House Finance Committee.  Second, legislation was passed to establish the Pennsylvania Dairy Future Commission (SB 585).  The purpose of the Commission would be to review and make recommendations designed to promote and strengthen Pennsylvania’s dairy industry.  The legislation now moves to the House Agriculture and Rural Affairs Committee.  Third, legislation was passed providing that agritourism activities are to be treated as part of agriculture authorized on farms preserved under the state’s farmland preservation program (SB 583).  The legislation now moves to the House Agriculture and Rural Affairs Committee.  Fourth, legislation was passed amending the Vehicle Code to allow milk haulers to travel on highways during a declaration of disaster emergency (SB 588).  The legislation now moves to the House Agriculture and Rural Affairs Committee.  Fifth, legislation was passed exempting certain barns—and other structures—used as wedding or special event venues from Uniform Construction Code requirements SB 0453).  The legislation now moves to the House Labor and Industry Committee.

Pennsylvania Legislation: PA House Committee Passes Agricultural Legislation

On May 7, 2019, the Pennsylvania House Agricultural and Rural Affairs Committee passed three agricultural bills out of committee.  First, legislation was passed to amend the Retail Food Facility Safety chapter of the Agriculture Code so as to define the term “mobile retail food facilities” and to consolidate mobile food vendor fees (HB 671).  Next, legislation was passed to amend the Pennsylvania Construction Code Act to clarify the legal status of wedding barns that meet fire and safety standards (HB 1037).  Finally, legislation was passed to exempt Dog Law fines, fees, and costs from being transferred to the Judicial Computer System Augmentation Account (HB 1277).  All three pieces of legislation now move to the full House for consideration.

Food Labeling: Oklahoma Governor Signs Meat Labeling Law

On April 26, 2019, Oklahoma Governor Kevin Stitt signed into law legislation that prohibits the deceptive advertising or selling of mislabeled meat products (SB392).  Under the law, the term “meat” is restricted to “any edible portion of livestock, poultry or captive cervid carcass or part thereof.” Though the legislation makes no reference to cell-cultured or plant-based products, if such products cannot meet the laws definition, they would not be permitted to be advertised or labeled as “meat.”

Rural Policy: USDA Releases Rural Broadband Report

On April 30, 2019, the U.S. Department of Agriculture (USDA) announced the release of a report entitled: A Case for Rural Broadband: Insights on Rural Broadband Infrastructure and Next Generation Precision Agriculture Technologies.  According to the report, a significant high-speed internet infrastructure gap exists between urban and rural areas.  The report asserted that if the rural internet infrastructure is brought-up to meet estimated producer demand, the increased use of precision agriculture would result in a significant growth in overall U.S. agriculture production.

FSMA: FDA Withdraws Outdated Animal Food Compliance Policy Guides

On April 30, 2019, the U.S. Food and Drug Administration (FDA) announced the withdraw of three outdated Compliance Policy Guides (CPGs) pertaining to the use of certain animal-derived materials in animal food.  According to FDA, CPG Sec. 675.400 – Rendered Animal Feed Ingredients and CPG Sec. 690.300 – Canned Pet Food were withdrawn because of the additional regulatory tools available under the FDA Food Safety Modernization Act.  Additionally, CPG Sec. 690.500 – Uncooked Meat for Animal Food was withdrawn because it merely restated the adulteration provision of section 402(a)(5) of the FD&C Act.  The three CPGs were originally issued in 1979-80.

From National Ag Law Experts:

“Spring 2019”, John R. Block, Olsson Frank Weeda Terman Matz PC (May 2, 2019)

“Have dicamba drift damage here’s what you can do”, Paul Goeringer, Maryland Risk Management Education Blog (April 30, 2019)

     

Federal Actions and Notices:

Animal and Plant Health Inspection Service

“General Conference Committee of the National Poultry Improvement Plan; Meeting”

Environmental Protection Agency

“Glyphosate Proposed Interim Registration Review Decision; Notice of Availability”

Farm Credit Administration

“Sunshine Act Meeting; Farm Credit Administration Board”

Rural Utilities Service

“Announcement of Loan Applications Procedures and Deadlines for the Rural Energy Savings Program (RESP); Update”

Pennsylvania Legislation:

HB 1345: Legislation to prohibit the practice of pet leasing (Referred to House Agriculture and Rural Affairs Committee, May 6, 2019)

HB 1348: Legislation providing agritourism businesses with limited liability protection (Referred to House Agriculture and Rural Affairs Committee, May 1, 2019)

Penn State Research:

“'Right' cover-crop mix good for both Chesapeake and bottom lines” – Penn State News

AgLaw HotLinks:

“Beyond Meat debuts as year's top U.S. IPO”—Feedstuffs

“USDA Accepting Applications to Help Cover Producers’ Costs for Organic Certification” – USDA Farm Service Agency

“Seafood Without The Sea: Will Lab-Grown Fish Hook Consumers?” – NPR

“Robotic weeders are racing to replace glyphosate and dicamba” – The New Food Economy

“Invasive fish threatens endangered mussels in Pa.” – Farm and Dairy  

“Iowa egg farm sues over damages from bird flu disinfection after 2015's deadly H5N2 outbreak” – Des Moines Register

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PA Governor Signs Costs of Care of Seized Animals Act and Medical Exemption from Rabies Vaccination

On July 9, 2013, Pennsylvania Governor Tom Corbett signed two pieces of legislation into law, SB 155 as Act No. 65 and HB 82 as Act No. 50. 

Act No. 65, previously SB 155, amends the Rabies Prevention and Control in Domestic Animals and Wildlife Act.  Most notably, this law provides for a medical exemption from rabies vaccination.  Further, this law clarifies when rabies vaccinations are due to be given to cats and dogs, requiring that all dogs and cats to be vaccinated against rabies within four weeks after reaching three months of age.  For more information, please see our previous blog post concerning this legislation.

Act No. 50, previously HB 82, the Costs of Care of Seized Animals Act, would allow municipalities and humane shelters to petition the court to recover all reasonable costs of care for animals seized from owners charged with violation of Pennsylvania’s anti-cruelty statute.  The reasonable costs of care recoverable under the statute include food, water, shelter and documented veterinary expenses.   For more information, please see our previous blog post concerning this legislation.

Written By Gaby Gilbeau – Research Assistant

The Agricultural Law Resource and Reference Center

July 11, 2013

PA House Passes Bill which Provides Medical Exemption from Rabies Vaccination

On July 1, 2013, the Pennsylvania House of Representatives passed Senate Bill 155, which amends the Rabies Prevention and Control in Domestic Animals and Wildlife Act.  This bill contains amendments which provide additional definitions, grants enforcement powers and duties to the Department of Agriculture and clarifies when rabies vaccinations are due to be given to domestic animals. 

Most notably, the amendments provide for a veterinary exemption from rabies vaccination, which can be renewed annually.  A licensed veterinarian would be required to certify that an animal has been examined and that it would be medically inadvisable to vaccinate the animal against rabies due to an infirmary, physical condition or current therapy regimen. 

Further, the Senate Bill 155 clarifies when rabies vaccinations are due to be given to cats and dogs.  Currently, the law requires that dogs and cats be vaccinated at three months of age.  This left an ambiguity as to whether it was exactly at three months of age, or under four months of age.  The amendments included in SB 155 state that all dogs must be vaccinated against rabies within four weeks after reaching three months of age.

Senate Bill 155 will now return to the Senate for consideration of the House’s changes to SB 155.

For more information, please see the PA General Assembly’s website.

Written By Gaby Gilbeau – Research Assistant

The Agricultural Law Resource and Reference Center

July 2, 2013

PA Senate Passes Costs of Care of Seized Animals Act

On June 30, 2013, the Pennsylvania Senate passed HB 82, the Costs of Care of Seized Animals Act.  The bill, which originated in the House, will now return to the House for consideration of the bill containing the Senate’s amendments.

House Bill 82 states that owners of animals have a duty of care, therefore, the owner is responsible for the costs of caring for the animals and that responsibility extends to care of the animals if they are seized.  This bill specifically exempts activities undertaken in a normal agricultural operation.

The Costs of Care of Seized Animals Act would allow municipalities and humane shelters to petition the court to recover all reasonable costs of care for animals which have been seized from their owners, who have been charged with violation of Pennsylvania’s anti-cruelty statute.  The reasonable costs of care recoverable under the statute include food, water, shelter and documented veterinary expenses.  The statute limits such costs to $15 per day for each animal, plus any additional necessary medical care.  Petitions for reimbursement by municipalities and humane shelters must be filed before the issuance of the final order in the criminal trial for violation of PA’s anti-cruelty statute.

For more information, please see the PA General Assembly’s website.

Written By Gaby Gilbeau – Research Assistant

The Agricultural Law Resource and Reference Center

July 1, 2013

Milk Hauling Bill Approved by PA Senate

On June 26, 2013, the PA Senate approved a bill that will allow dairy haulers to obtain a permit from the Pennsylvania Department of Transportation (PennDOT) to increase the weight of their shipments of milk to 95,000 lbs. The bill will amend the PA Vehicle Code (Title 75) to authorize overload permits for trucks hauling bulk fluid, condensed, and evaporated milk. Currently in Pennsylvania, dairy haulers can only ship 80,000 lbs. of milk at a time. Senator Gene Yaw introduced the bill, SB 1010, because he believes that Pennsylvania dairies are at a disadvantage compared to New York where shipping 95,000 lbs. at a time is legal. Senator Yaw stated that this bill will make PA dairies more competitive in the milk market.

The next step will be for the PA House’s Agriculture and Rural Affairs committee to consider the bill.

Written By Sarah Doyle - Research Assistant

The Agricultural Law Resource and Reference Center

June 28, 2013

Governor Signs Bill to Regulate Captive Swine for Hunting

On June 24, 2013, Governor Tom Corbett signed SB 644 into law as Act No. 25. This Act amends the definition of “wild animal” in Title 34 of the PA Consolidated Statutes to exclude any “species or variation of swine, pig or boar” that is kept in captivity. Act 25 also adds a subchapter, entitled Swine Hunting Preserves, to Title 3 of the PA Consolidated Statutes. The subchapter requires all male swine kept for hunting be neutered. In addition, the subchapter gives the authority to regulate captive swine kept for hunting, previously belonging to the Game Commission, to the Department of Agriculture.

For more information on Act 25, please see Pennsylvania’s General Assembly’s website.

Written By Clara E. Conklin – Research Assistant
The Agricultural Law Resource and Reference Center
June 25, 2013