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:
Farmland Preservation: PA Governor
Approves Agricultural Conservation Easement Legislation
On July 1, 2019,
Pennsylvania Governor Tom Wolf approved legislation amending the Commonwealth’s
Agricultural Area Security Law (AASL) to allow landowners to voluntarily surrender
the right to construct an additional residence on land subject to a
conservation easement (HB
370). Previously, AASL stated
that a conservation easement “shall not prevent…[c]onstruction and use of
structures on the subject land for the landowner's principal residence or for
the purpose of providing necessary housing for seasonal or full-time employees:
Provided, That only one such structure may be constructed on no more than two
acres of the subject land during the term of the agricultural conservation
easement.” (3
Pa.C.S.A. § 14.1(c)(6)(iv)).
Under the new legislation, now known as Act 33, owners of the land
subject to an agricultural conservation easement may now voluntarily
“relinquish and extinguish” this right to construct an additional residence. According to the sponsor
of the legislation—Rep. Kate A. Klunk—this will allow landowners who do not
wish to construct an additional residence the ability to reduce the value of
their property for tax purposes.
Additionally, if a landowner does not relinquish the right to construct
an additional residence, Act 33 now permits the construction to be used for an
immediate family member as well as for the landowner or an employee.
Taxation: PA Governor Approves Tax Credit
to Support Beginning Farmers
On July 2, 2019,
Pennsylvania Governor Tom Wolf approved legislation providing a tax credit for
those who sell or rent their “agricultural assets” to beginning farmers (SB
478). Now known as Act 65,
the legislation defines an “agricultural asset” as “agricultural land,
livestock, facilities, buildings and machinery used for farming.” Qualifying agriculture asset owners include
individuals, trusts, or pass-through entities.
Equipment and cattle dealers, however, do not qualify. Under Act 65, qualifying owners of
agricultural assets that rent or sell those assets to beginning farmers may
apply to the Pennsylvania Department of Community and Economic Development for
a tax credit against the tax due for the rental or sale of the asset. For a sale of an agricultural asset,
qualifying owners may receive a tax credit that is equal to 5% of the sale
price or fair market value of the agricultural asset. The tax credit, however, may not exceed
$32,000. For the lease of an
agricultural asset, qualifying owners may receive a tax credit that is equal to
10% of the gross rent for the first, second, and third years of the lease. The tax credit, however, may not exceed
$7,000 per year.
Dairy
Policy: PA Governor Approves Dairy Future Commission
On July 2, 2019, Pennsylvania Governor Tom Wolf approved
legislation establishing the
Pennsylvania Dairy Future Commission (SB
585). Now known as Act 66,
the legislation creates a 22-member commission—consisting of representatives
from both public and private sectors—charged with providing “recommendations to
promote and strengthen the Commonwealth’s dairy industry.” The purpose of the commission is to evaluate
various factors affecting the dairy industry such as production, marketing, and
regulations. The commission will also have
the ability to make recommendations regarding any legislative and/or regulatory
changes that could benefit Pennsylvania’s dairy industry.
Transportation: PA Governor Vetoes Travel
Ban Exemption for Milk Haulers
On July 2, 2019,
Pennsylvania Governor Tom Wolf vetoed legislation that would have permitted
milk haulers the ability to travel on Pennsylvania highways during a declaration
of disaster emergency (HB
915). Under current law,
Pennsylvania’s governor has the authority to place travel restrictions on commercial
vehicles during inclement weather. According to the sponsor
of the proposed legislation—Rep. Martin T. Causer—these restrictions do not
consider the perishable nature of milk and that cows continue to produce milk while
the travel restrictions are in place.
Rep. Causer’s proposed legislation provided that during a declaration of
disaster emergency, a licensed milk hauler would have been permitted to travel
to a dairy farm to pick-up milk and to transport milk to or from a milk
plant. In vetoing the legislation,
Governor Wolf stated that “[p]roviding for an exemption to the travel ban under
the declaration puts the public in jeopardy, which, in turn, endangers our
State Police and first responders and even our milk haulers.”
Food Labeling: Canada Proposes New Food
Labeling Regulations
On July 2, 2019, the U.S.
Department of Agriculture’s Foreign Agriculture Service (FSA) announced
that the Canadian Food Inspection Agency (CFIA) has issued proposed changes to
the nation’s food labeling regulations.
FSA stated that the proposed labeling changes include how the terms
“expiration date” and “best before date” may be used, a required listing of a
manufacturer’s contact information, and a consistent location regarding a
product’s country of origin declaration.
Interested stakeholders have until September 4, 2019, to submit comments
to CFIA regarding the proposed changes.
From
National Ag Law Experts:
“Oh,
SNAP! The Supreme Court Holds Store Level SNAP Redemption Data is Confidential
Under FOIA Exemption 4”, Stewart D. Fried, Ag/FDA
Blog – Olsson Frank Weeda Terman Matz PC (June 25, 2019)
“As
the lease termination date approaches farm landowners have options”,
Sarah Everhart, Maryland Risk Management Education Blog
(June 18, 2019)
Federal
Actions and Notices:
Animal and Plant Health Inspection Service
Farm Service Agency
Federal Crop Insurance Corporation
Food and Nutrition Service
Pennsylvania
Legislation:
SB
798: Legislation to amend the Commonwealth’s dog law
regarding dangerous dogs (Referred to Senate Agriculture and Rural Affairs
Committee, July 9, 2019)
HB
1687: Legislation to amend the Commonwealth’s
fireworks law (Referred to House Agriculture and Rural Affairs Committee, July
8, 2019)
HB
1699: Legislation to permit therapy dogs on
public transportation (Referred to House Agriculture and Rural Affairs
Committee, July 8, 2019)
Pennsylvania
Actions and Notices:
Department of Agriculture
Pennsylvania
Department of Agriculture:
Penn
State Research:
“Some
green ash trees show some resistance to emerald ash borers”
– Penn State News
AgLaw HotLinks:
“Biofuel
Groups Unhappy With EPA’S Proposed RFS Rule” – Brownfield Ag News
“Litigation
to Resume in Plant-Based ‘Meat’ Battle in Missouri as Settlement Talks Reach
Impasse” – Food
Navigator
“Administration
moves to ease drive-time rules”
– Morning AgClips
