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:
Right
to Farm: Missouri Supreme Court Rules Marijuana Not Protected by State’s Right to
Farm Law
On December 5, 2017, the Supreme Court of Missouri determined that
Missouri’s Right to Farm law did not protect an individual’s right to grow
marijuana. Under Article I, section 35
of the Missouri constitution, “the right of farmers and ranchers to engage in
farming and ranching practices shall be forever guaranteed in this state, subject
to duly authorized powers...” Accordingly, appellant Mark Shanklin argued that this
provision protected his “farming practice” of raising 300 marijuana plants in
his house. The court rejected Shanklin’s
argument and held that “because the amendment expressly recognizes farming and
ranching practices are subject to local government regulation, it would be
absurd to conclude Missouri voters intended to implicitly nullify or curtail
state and federal regulatory authority over the illegal drug trade.”
Industrial
Hemp: Pennsylvania Expands Permitting of Industrial Hemp Research
On December 6, 2017, Pennsylvania Governor Tom Wolf announced an expansion of the Commonwealth’s
industrial hemp program. Currently, Pennsylvania
allows researchers from institutions of higher education and individual growers
contracting with the Pennsylvania Department of Agriculture (PDA) the
opportunity to apply for permits to grow industrial hemp for research purposes. In 2017, PDA issued 30 permits and limited
each permit holder to the growing of no more than five acres of industrial hemp. According to Governor Wolf, for 2018, the
program will be expanded to allow the issuing of as many as 50 permits. Additionally, each permit holder will have the
ability to grow up to 100 acres of industrial hemp.
FSMA:
FDA Issues Guidance on Term “Refusal of Inspection”
On December 11, 2017, the U.S. Food and Drug
Administration announced
draft guidance material for foreign food facilities and foreign governments regarding
how FDA interprets the term “refuses to permit entry … to inspect.” According to
FDA, under the FDA Food Safety Modernization Act, FDA has “the authority to
refuse imported food admission into the United States if the agency is not
permitted to inspect the foreign establishment that produced the food.” As a
result, FDA issued the draft guidance to provide examples of when an action might
lead to a “refusal of inspection.”
Conservation:
PA offers Tax Credits to Assist Agricultural Conservation Practices
On December 7, 2017, the Pennsylvania Department of
Agriculture (PDA) announced
the availability of the 2017-2018 Resource Enhancement and Protection (REAP)
tax credit program to assist “Pennsylvania farmers who want to implement best
management practices (BMPs) or purchase on-farm conservation equipment.” Under
REAP, farmers who install BMP’s or purchase equipment that will reduce nutrient
and sediment runoff, have the potential to receive up to $150,000 in tax
credits per agricultural operation to cover from 50% to 75% of a project’s
cost. According to PDA, REAP is administered by the
Pennsylvania State Conservation Commission and applications to program are
accepted on a first-come, first-served basis.
Pennsylvania
Legislation
Environmental Resources and Energy (S)
- HB 544 Legislation to amend the Recreational Use of Land and Water Act (RULWA) to expand liability protection for landowners (referred to committee December 8, 2017)
Agriculture and Rural Affairs (H)
- HB 1917 Legislation to strengthen training and oversight of humane society police officers (reported out of committee December 12, 2017)
Pennsylvania
Actions and Notices
Department of Agriculture
AgLaw HotLinks:
- USDA to Change U.S. Beef Grade Standards – Ag Web
- To Cut Waste, U.K. Grocery Chain Will Sell Products Past 'Best Before' Dates – NPR
- Recession Lingers in Rural America – Ag Web
- Majority of Consumers Want Food Labeled If Contains DNA – Dairy Herd Management
- USDA Announces Mushroom Council Appointments – USDA
- Senators Support Delay in ELD Mandate for Livestock Haulers – Ag Web
- FDA Network Takes a New Approach to Produce Safety – Food Safety Magazine
- Overuse of antibiotics in farming is a major new threat to human health, says UN – The Guardian
- Kraft Heinz commits to 100% cage-free eggs by 2025 – Feedstuffs
- GM crops take the line of least resistance in their global spread – Financial Times
- Watchdog links pesticide to bee decline – Politico
- FDA Report on Antibiotics Validates Work by U.S. Pig Farmers – Ag Web
- Pa. acts to prevent invasive insects from spreading in Christmas tree shipments – WHYY
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