Written by:
M. Sean High—Staff Attorney
Audry Thompson—Research Assistant
The following information is an update of recent
local, state, national, and international legal developments relevant to agriculture:
Invasive Species: Virginia Issues Spotted
Lanternfly Quarantine
On May 28, 2019, The
Virginia Department of Agriculture and Consumer Services (VDACS) announced
an immediate Spotted Lanternfly Quarantine for Frederick County and the city of
Winchester. Under the quarantine, businesses
must obtain a permit from VDAS and conduct an inspection of any articles at
risk prior to moving those articles out of the quarantined area. Articles considered “at risk” include: “plants,
lumber, firewood, industrial or construction materials and equipment, stone,
shipping containers (for example, wood crates or boxes), outdoor household
articles (examples: grills, mowers and outdoor furniture), recreational
vehicles and any means of conveyance.” VDACS stated that in January 2018, the
spotted lanternfly was initially discovered in Virginia in the city of Winchester. At the time, the invasive species had not
been found in the United States outside of Pennsylvania. Subsequently, the spotted lanternfly has been
detected in New Jersey and Delaware.
Rural Policy: Disaster Relief Act
Apportions $4.5 Billion to Agriculture
On June 6, 2019, President Donald Trump signed into
law the Additional Supplemental
Appropriations for Disaster Relief Act, 2019 (H.R. 2157). The White House stated
that the legislation allocates $19.1 billion through multiple federal
departments to assist Americans affected by the numerous natural disasters that
occurred in the U.S. over the past three years.
Under the Act, $4.5 billion is granted to the U.S. Department of
Agriculture (USDA) for “agricultural-related losses, emergency timber
restoration, farmland repair, and watershed recovery.” According
to USDA Secretary Sonny Perdue, the agency “look[s] forward to
implementing this disaster aid package in a fair way and working with state
leadership to identify where the true losses and needs are to best serve our
fellow Americans in need of a helping hand.”
Industrial Hemp / Cannabis: Federal Court
Rules Against Indian Tribe’s Attempt to Grow Hemp
On June 6, 2019, a U.S.
District Court in South Dakota denied the Flandreau Santee Sioux Tribe’s (Tribe)
motion to prevent the U.S. Department of Agriculture (USDA) from interfering
with the Tribe’s production of hemp (Santee
Sioux Tribe v UDSA, Case 4:19-cv-04094).
On February 27, 2019, USDA announced that it was gathering information to
promulgate rules and regulations relating to hemp production under the Agricultural
Improvement Act of 2018—also known as the 2018 Farm Bill. On March 8, 2019, the Tribe submitted a
proposal to USDA to grow hemp. On April
24, 2019, USDA notified the Tribe that it would respond to the Tribe’s proposal
60 days after 2018 Farm Bill hemp production rules and regulations were promulgated. Subsequently, the Tribe filed a complaint seeking
USDA approval of the Tribe’s proposal and a motion for preliminary injunction seeking
to allow the Tribe’s hemp production to proceed while the case is pending. In denying the motion for preliminary injunction,
the court held that the Tribe had not met its burden of showing a probability
of success regarding the merits of the case.
Biotechnology: President Signs Executive
Order to Modernize Regulatory Framework for Agricultural Biotechnology Products
On June 11, 2019, President
Donald Trump issued
the Modernizing the Regulatory Framework
for Agricultural Biotechnology Products Executive Order. According to the White House, recent advances
in biotechnology offer the potential to raise agricultural productivity,
increase nutritional values, and enhance food safety. To achieve these goals, however, agricultural
biotechnology product regulations must: (1) be science-based; (2) allow for
timely review; (3) be transparent, predictable, and consistent; (4) allow for
fair public notice; (5) be based on risks associated with a product’s end use; and
(5) promote trade. Following the signing,
U.S. Department of Agriculture (USDA) Secretary Sonny Perdue stated that “[s]cience-based
advances in biotechnology have great promise to enhance rural prosperity and
improve the quality of life across America’s heartland and around the globe.” Secretary
Perdue further stated that President Trump’s Executive Order “will help
America’s farmers do what we aspire to do at USDA: Do Right and Feed Everyone.”
Biotechnology: APHIS Introduces Rule
Regarding Movement of Certain Genetically Engineered Organisms
On June 6, 2019, the U.S.
Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS)
published notice in the Federal Register of a proposed rule to revise regulations
regarding the importation, interstate movement, and environmental release of
certain genetically engineered organisms (84
FR 26514). APHIS stated that the
proposed revisions are in response to scientific advancements in genetic
engineering and knowledge regarding plant pest risk. Accordingly, the new revisions are designed to
reduce regulatory burdens regarding organisms that are unlikely to pose plant
pest risks. According to APHIS, the proposed
rule is "the first comprehensive revision of the regulations since they were
established in 1987."
Biotechnology: USDA Confirms Discovery of
Genetically Engineered Wheat in Washington State
On June 7, 2019, the U.S. Department of Agriculture
(USDA) confirmed
the discovery of genetically engineered (GE) wheat growing in an unplanted
agricultural field in Washington State. The suspect wheat is resistant to
the herbicide glyphosate, otherwise known as Round Up. According to a joint statement
from the U.S. Wheat Associates and the National Association of Wheat Growers,
“There is no evidence suggesting that this wheat event, or any other GE wheat
event, has entered U.S. commercial supplies or entered the food supply.” The
associations further discredited the existence of commercial production or sale
of any GE wheat, and refuted the correlation of any health hazards with
“glyphosate resistance events in wheat based on [USDA] evaluations.” After previous
discoveries of genetically engineered wheat, USDA increased its
oversight of the crop, and developers are now required to apply for a permit
for field trials involving GE wheat. Samples of the wheat from Washington
have been sent to the USDA Federal Grain Inspection Service lab in Kansas City,
MO and the USDA Agricultural Research lab in Pullman, WA for further testing.
From
National Ag Law Experts:
“Ag
Equipment Manufacturers: Falling Behind Electric Car Trends”,
Todd Janzen, Janzen Ag Law Blog – Janzen Ag Law (May 13, 2019)
“Tariffs”,
John R. Block, Olsson Frank Weeda Terman Matz PC (June 5, 2019)
Federal
Actions and Notices:
Animal and Plant Health Inspection Service
Food and Drug Administration
Food Safety and Inspection Service
National Institute of Food and Agriculture
Pennsylvania
Legislation:
SB
585: Legislation establishing the Pennsylvania Dairy
Future Commission (Reported to House for consideration, June 11, 2019)
HB
1590: Legislation to create the Dairy Investment
Program (Re-committed to House Rules Committee, June 11, 2019)
HB
1514: Legislation to revise and re-establish
the existing Healthy Farms Healthy Schools program into the PA Farm-to-School
Program (Re-committed to House Rules Committee, June 5, 2019)
HB
1516: Legislation to create the Pennsylvania
Rapid Response Disaster Readiness Account (Re-committed to House Rules Committee,
June 5, 2019)
HB
1517: Legislation to create the Conservation
Excellence Program (Re-committed to House Rules Committee, June 5, 2019)
HB
1518: Legislation to revise and re-establish
the former (expired) Agriculture and Rural Youth Development Program (Re-committed
to House Rules Committee, June 5, 2019)
HB
1519: Legislation to establish a state-level
Specialty Crop Block Grant Program (Re-committed to House Rules Committee, June
5, 2019)
HB
1520: Legislation to create a grant program to
incentivize access to meat processing inspections (Re-committed to House Rules Committee,
June 5, 2019)
HB
1521: Legislation to amend PA Preferred Program
to encourage military veteran participation in the Homegrown by Heroes Program
(Re-committed to House Rules Committee, June 5, 2019)
HB
1523: Legislation to establish the
Pennsylvania Agricultural Business Development Center (Re-committed to House Rules
Committee, June 5, 2019)
HB
1526: Legislation to revise and re-establish the
Agriculture-Linked Investment Program (Re-committed to House Rules Committee, June
5, 2019)
Pennsylvania
Actions and Notices:
Department of Agriculture
Pennsylvania
Department of Agriculture:
Penn
State Research:
AgLaw HotLinks:
“Red
v. White Meat for Lower Cholesterol? Clinical Trial Reveals ‘Near Identical’
Results” – Food Navigator
“Efforts
to restrict foreign ownership of US farmland grow” – Morning AgClips
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