Written by:
Jackie Schweichler - Education Programs Coordinator
The following information is an update of recent local,
state, national, and international legal developments relevant to agriculture.
Soda Tax: Pennsylvania Supreme Court Rules in Favor of
Philadelphia Soda Tax
On July 18, 2018, the Supreme Court of Pennsylvania
affirmed that the Philadelphia City Council has the authority to enact the Sugar-Sweetened
Beverage Tax, better known as Philadelphia’s soda tax (Phila.
Code, ch. 19-4100). The tax was introduced on March 3, 2016, and applies a
1.5 cent per fluid ounce tax to sugar-sweetened beverages. A group of
consumers, retailers, distributors, and producers brought this suit challenging
the legality of the tax. They argued that the soda tax constituted a
duplicative tax and was preempted under the Sterling Act. The current court
ruling affirms the lower court’s ruling that the soda tax “does not apply to
the same transaction or subject as the state sales and use tax,” and was
therefore not duplicative. (Williams v. City of Phila., Nos. 2 & 3
EAP 2018)
Farm Bill: House Sends 2018 Farm Bill to Conference
Committee
On July 18, 2018, the U.S. House of Representatives voted in favor of
sending the 2018 Farm Bill to conference committee. The committee members are
tasked with resolving the differences between the
House and Senate
versions of the bill. One of the primary differences between the two bills is
the proposed work requirement changes in the House version of the bill for the
Supplemental Nutrition Assistance Program (SNAP). The 2018 Farm Bill
provides general updates and changes to Department of Agriculture programs
including those in conservation, nutrition assistance, farm credit, rural
development, crop insurance, and more.
International Trade: USDA Announces $12 Billion in Relief
Programs to Agricultural Producers
On July 24, 2018, the U.S. Secretary of Agriculture
announced that the U.S. Department of Agriculture (USDA) will be
providing monetary relief to farmers affected by the impacts of foreign trade
changes. USDA estimates the impact on agricultural goods to be approximately
$11 billion and will authorize $12 billion in relief programs. USDA will
provide payments to affected farmers and purchase surplus commodities to
distribute these foods to various nutrition programs. According to USDA,
the market disruption was caused by China’s retaliatory tariffs imposed on
agricultural products. Affected agricultural commodities include soybeans, sorghum,
milk, pork, fruits, nuts, and specialty crops.
Agricultural Labor: H-2C Agricultural Work Visa Program
Introduced into U.S. House of Representatives
On July 18, 2018, the
AG and Legal Workforce Act (H.R. 6417), or H-2C, was introduced
into the U.S. House of Representatives, in an effort to improve upon the
current H-2A program. H-2C would be a nonimmigrant work visa program for
agricultural workers. The bill mandates a gradual phase-in of the E-verify
system, a web-based program that checks social security numbers of new
employees. The previous paper-based I-9 system would be repealed. The
H-2C program would be available throughout the year and would allow 450,000
worker visas. The H-2C bill also includes wage requirements but does not require
employers to provide housing and transportation for their workers. The primary
sponsor of the bill is House Judiciary Committee Chairman
Bob Goodlatte.
Checkoff Programs: Christmas Tree Producers Vote in Favor
of Federal Promotion Program
On July 19, 2018, the U.S. Department of Agriculture (USDA) announced
that U.S.Christmas tree producers and importers have voted in favor of the
federal research and promotion program. The promotion program is operated by
the Christmas
Tree Promotion Board, a 12 member board consisting of producers across the
U.S. The assessment rate is $0.15 per Christmas tree sold within the U.S. The
assessment does not apply to businesses that sell fewer than 500 trees
annually. The assessment funds are used for promotion, research, and
information gathering in order to increase the demand for Christmas trees. USDA
Agricultural Marketing Service held a referendum during May 2018, and 51% of
producers and importers voted to continue the program.
From National Ag Law Experts:
Questions
from Tiffany’s Desk: How Can I Access Landlocked Property in Texas?,
Tiffany Dowell Lashmet, July 23, 2018
Uprooted
Episode 39: The Science of Beef and Greenhouse Gases, Josh Wise,
Institute for Agriculture & Trade Policy, July 20, 2018
Pennsylvania Notices
Conservation
and Natural Resources Advisory Council meeting, Department of Conservation
and Natural Resources (July 14, 2018)
Pennsylvania Malt & Brewed Beverage Industry Board solicits
grant proposals for promotion, marketing and research projects (July 21,
2018).
Joint Agriculture and Rural Affairs informational committee
meeting at the Russell E. Larson Agricultural Research Center (August 15, 2018)
Milk Marketing Board to conduct a public
hearing for Milk Marketing Areas 1-6 regarding the level and duration of
the Class I over-order Premium on September 5, 2018 in Harrisburg.
Milk Marketing Board to conduct a public hearing
for Milk Marketing Areas 1-6 regarding cooperative milk procurement costs on
October 3, 2018 in Harrisburg.
Pennsylvania Legislation
SB
1171: provides for the creation of a new Farm Animal Advisory Board to give
farmers more input into environmental regulations (passed in the Senate June
20, 2018, referred to House Agriculture & Rural Affairs Committee June 21,
2018)
*this has been updated to correct an inaccuracy within a
previous Weekly Review.
"Next
date for farm bill steps in flux" - Politico
"Number
of US craft distilleries rises by 26%" - Beverage Daily
"At
an American escargot farm, growth proceeds at a snail’s pace" -
Washington Post
"One
commodity may benefit from trade war" - Ag Update
"Extension
Dairy Team offers webinars in Spanish" - Morning Ag Clips
"Push
is on for meat labeling update" - Meat Poultry
"Why
the House Agriculture Committee cares about cryptocurrency" - Yahoo
Finance
"Pa.
Supreme Court upholds Philadelphia soda tax" - Philly.com
"Pennsylvania's
young farmers grow organic food" - Morning Ag Clips
"CDC-FSIS
disclose Salmonella outbreak traced to raw turkey" - Food Safety News
"Brussels
moves goalposts on glyphosate" - Politico
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