Penn State Agricultural Law Blog

Thursday, March 7, 2019

Agricultural Law Weekly Review—March 7, 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:

Industrial Hemp/Cannabis: Hemp Implementation Listening Session Announced

On March 5, 2019, the U.S. Department of Agriculture’s Agricultural Marketing Service (AMS) posted notice in the Federal Register of an online listening session seeking public input on the regulation of hemp production (84 FR 7868). The purpose of the event is to provide interested individuals the opportunity to share their views on a future federal program which would oversee the production of industrial hemp. The webinar/listening session will be held on March 13, 2019 and will begin at 12:00 p.m. Individuals interested in speaking during the event must register with AMS by March 11, 2019 at: https://zoom.us/webinar/register/WN_L2G9K7cXTkayQ2O1_0AP0g.

Agricultural Labor: DOL Announces Intended Changes to H-2B Application Procedures

On February 26, 2019, the U.S. Department of Labor (DOL) announced plans to change how applications for H-2B temporary labor certification are processed. DOL stated that because of the large number of requests for H-2B visas, the department has had trouble processing H-2B applications. Accordingly, DOL proposes:

That all H-2B applications filed on or after July 3, 2019 will be randomly ordered for processing based on the date of filing and the start date of work requested;
That the Department's Office of Foreign Labor Certification (OFLC) will randomly order and assign for processing all H-2B applications requesting the earliest start date of work permitted under the semi-annual visa allocation (i.e., October 1 or April 1) and filed during the first three calendar days of the regulatory time for filing H-2B applications; and
Once first actions are issued, that OFLC will randomly assign for processing all other H-2B applications filed on a single calendar day

OFLC is seeking comments on this procedural change for a period of 30 calendar days from the date that the notice is published in the Federal Register.

International Trade: U.S. Wins WTO Dispute Over China’s Excessive Support of Grain Producers

On February 28, 2019, the U.S. Trade Representative Robert Lighthizer and Secretary of Agriculture Sonny Perdue announced that a World Trade Organization (WTO) dispute settlement panel determined that China violated WTO rules by excessively supporting its grain producers. The WTO panel ruled that China exceeded WTO rules for supporting of its grain producers in 2012, 2013, 2014, 2015. According to the U.S. officials, because of these market price supports, U.S. producers suffered harm due to increased Chinese production and a reduction in imports.

Organic Agriculture: Challenge to Withdrawal of Organic Livestock Rule Continues

On February 28, 2019, Feedstuffs reported that the U.S. District Court for the District of Columbia has determined that a challenge brought against the U.S. Department of Agriculture (USDA) regarding the agency’s failure to implement new organic livestock standards may advance. On March 13, 2018, USDA withdrew the Organic Livestock & Poultry Practices (OLPP) final rule which was scheduled to go into effect on May 14, 2018. The new requirements would have covered livestock handling and transport for slaughter, avian living conditions, livestock care and production practices, and mammalian living conditions. Brought by the Organic Trade Association, the suit alleges that USDA improperly delayed implementation of OLPP and violated the Organic Foods Production Act by not consulting with the National Organic Standards Board.

FSMA: FDA Releases New Installment of Intentional Adulteration Draft Guidance

On March 5, 2019, the U.S. Food & Drug Administration (FDA) announced the release of a document entitled Draft Guidance for Industry: Mitigation Strategies to Protect Food Against Intentional Adulteration. The release marks the second installment of a draft guidance document designed to support compliance with the FDA Food Safety Modernization Act’s Intentional Adulteration Rule (IAR). Under IAR, covered food facilities must develop and implement a food defense plan to address potential hazards that could be intentionally introduced into food for the purpose of causing wide-spread harm.

From National Ag Law Experts:

“Federal Estate Tax and Gift Tax Limits Announced for 2019”, Paul Goeringer, Maryland Risk Management Education Blog (February 26, 2019)

“China & N. Korea”, John R. Block, Ag/FDA Blog – Olsson Frank Weeda Terman Matz PC (February 27, 2019)

“IRS Extends March 1 Filing Deadline for Farmers”, Kristine A. Tidgren, The Ag Docket – Iowa State University Center for Agricultural Law and Taxation (February 28, 2019)

Pennsylvania Department of Agriculture:

“Agriculture Secretary and Community Taskforce Discuss Spotted Lanternfly Efforts, PA Farm Bill”

Pennsylvania Legislation:

HB 574: Legislation regarding farmland preservation funding (Referred to House Agriculture and Rural Affairs Committee, February 28, 2019)

HB 671: Legislation regarding mobile food truck licensing (Referred to House Agriculture and Rural Affairs Committee, March 1, 2019)

Pennsylvania Actions and Notices:

Department of Agriculture

Interstate quarantine order; importation requirements for virus control for virulent or exotic Newcastle disease

State Conservation Commission

Action on odor management plans for concentrated animal operations and concentrated animal feeding operations and volunteers complying with the Commonwealth's Facility Odor Management Program

Penn State Research:

“Assessment details impact of pests and pathogens on world’s major food crops” – Penn State News

AgLaw HotLinks:

“CWD disease management area to expand to elk” – Morning AgClips

“Perdue Farms advances animal welfare program” – Feedstuffs

“Farmers Hope for Hemp Riches Despite Risks” – Pew Trusts

“Need to Rent a Farm? Just Head to the Airbnb of Agriculture” – Bloomberg

“Farm loan delinquencies highest in 9 years as prices slump” – AP News

“More “fake meat” skirmishes breaking out as Missouri settlement takes time” – Food Safety News

Stay Informed:

Listen to our weekly Agricultural Law Podcast

Read our monthly Agricultural Law Brief newsletter

Connect with us on Facebook to view our weekly CASL Ledger detailing Center publications and activities

Visit The Ag & Food Law Blog for a comprehensive summary of daily judicial, legislative, and regulatory developments in agriculture and food

Thursday, February 28, 2019

Agricultural Law Weekly Review—February 28, 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:

Ag-Gag Statutes: Iowa Appeals Ruling on Ag-Gag Law

On February 21, 2019, the Des Moines Register reported that Iowa Attorney General Tom Miller filed an appeal with the U.S. Court of Appeals for the Eighth Circuit regarding a lower court determination that Iowa’s agricultural production facility fraud law violated the First Amendment of the Constitution. Previously, on January 9, 2019, the U.S. District Court for the Southern District of Iowa struck down the Iowa law which blocked undercover investigations at farming operations (Animal Legal Defense Fund v. Reynolds, 4:17-cv-00362–JEG-HCA). Under Iowa’s agricultural production facility fraud law (Iowa Code § 717A.3A), any person that gains access to an agricultural production facility by false pretense could be convicted of a serious misdemeanor for a first offense or an aggravated misdemeanor for a second or subsequent offense. The district court determined that the Iowa law regulated speech protected under the First Amendment of the U.S. Constitution.

Pesticides: Arkansas Plant Board Approves Rule Change for Dicamba Use

On February 21, 2019, the Arkansas Agriculture Department (AAD) announced that the agency’s State Plant Board has voted to change regulations regarding the application of dicamba herbicides. According to AAD, the new regulations would require:

Restrictions on in-crop applications of dicamba from May 26 to October 31.
A half-mile buffer zone required around all non-dicamba crops when dicamba is applied.
A one-mile buffer zone for university and USDA research stations, certified organic crops and commercially grown specialty crops between April 16 and May 25.
Prohibiting the mixing of dicamba with glyphosate between April 16 and May 25.
Requiring applicators to provide proof of training to pesticide dealers prior to purchasing dicamba in-crop products.

The proposed changes to the regulations now move to the Arkansas Joint Budget Committee’s Administrative Rule and Regulation Review Subcommittee for approval.

Food Labeling: National Milk Producers Federation Files Citizen Petition Regarding Dairy Labeling

On February 21, 2019, the National Milk Producers Federation (NMPF) submitted a Citizen Petition to the U.S. Food and Drug Administration (FDA) regarding the labeling of non-dairy products. NMPF seeks FDA enforcement of existing “imitation” labeling requirements when non-dairy plant-based foods use the terms milk, yogurt, cheese, ice cream, or butter. According to NMPF, these non-dairy substitutes are nutritionally inferior to standardized dairy foods, and when the terms are used, an “imitation” disclosure statement must be provided. Additionally, NMPF asks FDA to provide for regulations limiting when non-dairy substitutes may use standardized dairy food names such as milk, yogurt, cheese, ice cream, or butter. According to NMPF, FDA action is “necessary to ensure that consumers are adequately informed concerning the material differences between standardized dairy foods… and the wide variety of non-dairy substitutes that are available in the marketplace…”

Biotechnology: DowDuPont Secures Final International Approval for GMO Soybeans

On February 21, 2019, Reuters reported that the Philippine government has approved DowDuPont Inc’s new line of genetically engineered soybeans. Known as Enlist E3, the soybeans have been genetically modified to withstand the pesticides glyphosate, glufosinate, and 2,4-D. With approval by the Philippines, DowDuPont Inc has now secured the final government approval necessary to launch Enlist E3 worldwide.

Food Safety: FDA Announces Strategy Regarding Oversight of Imported Food

On February 25, 2019, the U.S. Food and Drug Administration (FDA) announced the implementation of a new imported food safety strategy. According to FDA, other countries now supply the U.S. with 55% of the fresh fruit, 35% of the fresh vegetables, and 94% of the seafood consumed by Americans. As a result, a new imported food safety strategy has been developed to: (1) prevent food safety problems in foreign supply chains prior to entry into the U.S.; (2) detect and refuse unsafe foods at U.S. borders; (3) respond quickly to the detection of unsafe imported foods; and (4) monitor progress to ensure program effectiveness.

From National Ag Law Experts:

“Missouri Court Holds Crop Dusting Not Inherently Dangerous Activity”, Tiffany Dowell Lashmet, Texas Agriculture Law Blog – Texas A&M AgriLife Extension (February 18, 2019)

“Hemp in Indiana: Today and Tomorrow”, Brianna J. Schroeder, Schroeder Ag Law Blog – Janzen Ag Law (February 13, 2019)

“International Organization Releases Guidelines for Ag Data Research”, Todd Janzen, Janzen Ag Law Blog – Janzen Ag Law (February 21, 2019)

Pennsylvania Legislation:

SB 330: Legislation to exempt certain charitable nonprofits from retail food facility licensing (Referred to Senate Agriculture and Rural Affairs Committee, February 26, 2019)

SB 335: Legislation regarding the regulation of industrial hemp food products (Referred to Senate Agriculture and Rural Affairs Committee, February 26, 2019)

Pennsylvania Actions and Notices:

Department of Agriculture

Referendum of continuation of the Pennsylvania Peach and Nectarine Research Program

Penn State Research:

“Material that shields beetle from being burned by its own weapons, holds promise” – Penn State News

AgLaw HotLinks:

“Data consolidation threatens sustainable agriculture, says international panel” – Fern’s Ag Insider

“Today’s complex, fragmented, global food supply chains have led to an increase in food fraud” – Food Navigator

“Federal Agencies Recommend Deepening Data Set for Determining Broadband Access” – American Farm Bureau Federation

“‘This has poisoned everything’ – pollution casts shadow over New Mexico’s booming dairy industry” – The Guardian

“With fewer undocumented workers to hire, U.S. farmers are fueling a surge in the number of legal guest workers” – The Washington Post

Stay Informed:

Listen to our weekly Agricultural Law Podcast

Read our monthly Agricultural Law Brief newsletter

Connect with us on Facebook to view our weekly CASL Ledger detailing Center publications and activities

Visit The Ag & Food Law Blog for a comprehensive summary of daily judicial, legislative, and regulatory developments in agriculture and food

Thursday, February 21, 2019

Agricultural Law Weekly Review—February 21, 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:

WOTUS: Proposed WOTUS Rule Published for Public Comment

On February 14, 2019, the Environmental Protection Agency (EPA) and the Department of the Army published notice in the Federal Register of a proposed rule defining the scope of waters federally regulated under the Clean Water Act (84 FR 4154). With the published notice, members of the public have until April 15, 2019 to submit comments on the proposed definition. If enacted, the proposal would replace the controversial definition previously issued by the agencies on June 29, 2015. For more information on the proposed rule, see the EPA’s Waters of the United States (WOTUS) Rulemaking website.

Pennsylvania Agricultural Policy: Governor Announces “PA Farm Bill”

On February 15, 2019, Pennsylvania Governor Tom Wolf announced a proposed “PA Farm Bill” designed to provide investment in Pennsylvania’s agricultural sector. According to Governor Wolf, “[t]he PA Farm Bill allocates $24 million in additional funding to chart a real path for a dynamic and prosperous farming economy in Pennsylvania. It’s about providing more opportunities to our farmers by creating more jobs, more income, and more hope.” The PA Farm Bill seeks to accomplish its goals through: (1) developing new resources for agriculture business development and succession planning; (2) creating more processing capabilities; (3) removing regulatory burdens and strengthening the state’s agricultural business climate; (4) increasing opportunities for Pennsylvania’s agricultural workforce; (5) protecting agricultural infrastructure; and (6) increasing market opportunities and making Pennsylvania the nation’s leading organic state.

Pesticides: Lawsuit Claims Roundup Harmed Home Gardeners Gut Bacteria

On February 13, 2019, Bloomberg reported that a lawsuit has been filed in a Missouri federal court alleging that the healthy gut bacteria of home gardeners were harmed as a result of the pesticide Roundup. According to the report, the home gardener plaintiffs assert that they were deceived by labels on Roundup which assured consumers that the products were not harmful to humans or pets. The plaintiffs allege, however, that “Roundup’s active ingredient glyphosate attacks an enzyme also found in the beneficial intestinal bacteria of humans and some animals.” According to Bloomberg, research has linked an unhealthy microbiome to both obesity and depression.

Rural Policy: USDA Issues American Broadband Initiative Milestones Report

On February 13, 2019, Secretary of Agriculture Sonny Perdue and Secretary of Commerce Wilbur Ross released the American Broadband Initiative Milestones Report February 2019. The report provides a vision for how the federal government can increase broadband access; especially in rural America. Accordingly, the report’s recommendations include: appropriating $600 million for an innovative broadband pilot program; targeting areas of need and providing incentives for state and local policies; leveraging federal assets such as towers, buildings, and land to lower the cost of broadband buildouts; and streamlining federal permitting.

Antibiotics: Report Asserts Worldwide Change in Antibiotic Use in Animals

On February 14, 2019, the World Organisation for Animal Health (OIE) announced a report asserting that global antimicrobial use in animals has declined. The report presents OIE’s findings from its third annual data collection which analyzed results from 2015 to 2017. According to OIE, since the last time data was collected, the use of antimicrobials for growth promotion declined from 60 to 45 countries. OIE stated that 155 countries participated in the organization’s data collection efforts.

From National Ag Law Experts:

“The National Bioengineered GMO Food Disclosure Standard”, Sarah Everhart, Maryland Risk Management Education Blog (February 12, 2019)

“Optimism”, John R Block, Ag/FDA Blog – Olsson Frank Weeda Terman Matz PC (February 14, 2019)

“Future of Tax Extender Legislation Uncertain”, Kristine A. Tidgren, The Ag Docket – Iowa State University Center for Agricultural Law and Taxation (February 17, 2019)

Pennsylvania Department of Agriculture:

“Fulton, Clearfield County Deer Test Positive for Chronic Wasting Disease”

Pennsylvania Legislation:

HB 370: Legislation further providing for purchase of agricultural conservation easements (Reported out of House Agriculture and Rural Affairs Committee, first consideration by House February 20, 2019)

HB 404: Legislation designating “Tree of Heaven” a noxious weed (Reported out of House Agriculture and Rural Affairs Committee, first consideration by House, February 20, 2019)

HB 441: Legislation to allow wind energy on farmland preservation (Reported out of House Agriculture and Rural Affairs Committee, first consideration by House, February 20, 2019)

Pennsylvania Actions and Notices:

Department of Agriculture

“Interstate order of quarantine; tuberculosis testing requirements for importation of cattle, bison, goats or camelids”

Milk Marketing Board

“Hearing and presubmission schedule; milk marketing area No. 2”

“Hearing and presubmission schedule; milk marketing area No. 4”

Penn State Research:

“Penn State Berks center supports spotted lanternfly research” – Penn State News

AgLaw HotLinks:

“America has a farm labor shortage. We need a better guest worker program” – Los Angeles Times

“'Big data' could help improve livestock resilience” – Feedstuffs

“Food finally features in the climate debate. Now what?” – World Economic Forum

“Germany: Voters abuzz over bee referendum” – Morning AgClips

“Does AI Hold the Key to a New and Improved “Green Revolution” in Agriculture?” – WPSU

“New study: Pesticide levels in children and adults drop dramatically after one week of eating organic” – Friends of the Earth

“Future of US citrus may hinge on consumer acceptance of genetically modified food” – Science Daily

Stay Informed:

Listen to our weekly Agricultural Law Podcast

Read our monthly Agricultural Law Brief newsletter

Connect with us on Facebook to view our weekly CASL Ledger detailing Center publications and activities

Visit The Ag & Food Law Blog for a comprehensive summary of daily judicial, legislative, and regulatory developments in agriculture and food

Thursday, February 14, 2019

Agricultural Law Weekly Review—February 14, 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:

Food Labeling: Groups Sue Pilgrim's Pride Over Marketing and Advertising Claims

On February 7, 2019, Food & Water Watch and the Organic Consumers Association announced that the organizations have filed a lawsuit in the D.C. Superior Court against Pilgrim’s Pride Corporation for alleged deceptive marketing and advertising practices. According to the two organizations, Pilgrim’s Pride markets and advertises that its birds are fed “only natural ingredients,” are “treated humanely,” and that the company’s poultry products are “produced in an environmentally responsible way.” Food & Water Watch and the Organic Consumers Association assert, however, that these claims violate the Consumer Protection Procedures Act because Pilgrim’s Pride routinely uses antibiotics, synthetic chemical disinfectants, genetically modified crops, and growth promoting drugs.

Food Labeling: Lawsuit Settled Regarding Missouri Meat Labeling Law

On February 12, 2019, the St. Louis Post Dispatch reported a settlement regarding a challenge to Missouri’s law restricting the labeling of “meat” products. According to the report, under Missouri law, only products “derived from an actual cow, chicken, turkey or some other animal with two or four feet” may be marketed as meat. As a result, the ACLU and the makers of plant-based meat products sued alleging that the law violated free speech rights under the First Amendment. The report stated that the details of the settlement are still being processed and should be announced sometime in March.

WOTUS: EPA Announces Public Hearing for Proposed Revised Definition of WOTUS

The Environmental Protection Agency and the U.S. Department of the Army announced that on February 27 and February 28, 2019, the agencies will hold a public hearing regarding a proposed rule revising the definition of “waters of the United States.” The public meeting will be held in Kansas City, Kansas, and will provide the public the opportunity to present data, information, or views regarding the proposed rule. The pre-publication version of the proposed rule can be found at https://www.epa.gov/wotus-rule/step-two-revise. The comment period on the proposed rule will end 60 days after notice of the proposed rule is published in the Federal Register

Seed Law: Monsanto Wins Royalty Ruling Over Indian Seed Company

On February 11, 2019, Reuters reported that Bayer AG Monsanto has won an arbitration ruling involving a royalty dispute with Indian seed maker Nuziveedu Seeds Ltd (NSL). According to Reuters, NSL had previously sold genetically modified cotton seeds under a license agreement with Mahyco Monsanto Biotech (MMB), a joint venture between Monsanto and India’s Maharashtra Hybrid Seeds Co. In 2015, however, NSL and its affiliates decided to stop paying royalties to MMB asserting that Monsanto’s genetically modified cotton seeds were not entitled to patent protection under India law. Reuters stated that while the results of the arbitral award is confidential, Monsanto had previously calculated that NSL and its two affiliates owed about $22.82 million to MMB.

Raw Milk: CDC Links Brucellosis Exposure to Raw Milk from PA Farm

On February 8, 2019, the Centers for Disease Control and Prevention (CDC) announced possible Brucella strain RB51 (RB51) exposure due to the consumption of raw milk from a Pennsylvania dairy farm. In November 2018, a New York resident, who drank raw milk purchased from Miller’s Biodiversity Farm in Quarryville, Pennsylvania, was diagnosed with brucellosis. Subsequently, milk samples from Miller’s Biodiversity Farm tested positive for RB51. According to CDC, as of January 22, 2019, investigators have determined that people in Alabama, California, Connecticut, Florida, Georgia, Iowa, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina, and Virginia have bought or consumed raw milk from Miller’s Biodiversity Farm. CDC stated that anyone who has consumed raw milk or raw milk products from Miller’s Biodiversity Farm since January 2016 may have been exposed to RB51 and should consult their doctor. Additionally, CDC advised that any raw milk or raw milk products acquired from Miller’s Biodiversity Farm should be discarded.

From National Ag Law Experts:

“New Lake Erie lawsuit filed against U.S. EPA”, Evin Bachelor, Ohio Agricultural Law Blog, Ohio State University Extension (February 13, 2019)

“Swimming in Deep water with Government Sharks”, Patrick B. Dillon, Dillon Law P.C. Blog (January 22, 2019)

“Do Farmers Still Care About Ag Data Privacy?”, Todd Janzen, Janzen Ag Law Blog – Janzen Ag Law (January 21, 2019)

Pennsylvania Department of Agriculture:

“Top-Performing Bulls to Sell in 46th Edition of Pennsylvania Livestock Evaluation Center Auction”

“Pennsylvania Sire Stakes Payments Due March 15”

Pennsylvania Legislation:

SB 256: Legislation expanding the use of mushroom compost (Referred to Senate Environmental Resources and Energy Committee, February 7, 2019)

HB 441: Legislation to allow wind energy on farmland preservation (Referred to House Agriculture and Rural Affairs Committee, February 11, 2019)

HB 453: Legislation regulating the sale of certain expired foods, over the counter drugs, and cosmetics (Referred to House Agriculture and Rural Affairs Committee, February 11, 2019)

HB 404: Legislation designating “Tree of Heaven” a noxious weed (Referred to House Agriculture and Rural Affairs Committee, February 6, 2019)

Pennsylvania Actions and Notices:

Environmental Quality Board

Meeting cancellation

Penn State Research:

“Manure injection offers hope, challenge for restoring Chesapeake water quality” – Penn State News

“Bee dispersal ability may influence conservation measures” – Penn State News

AgLaw HotLinks:

“What’s in a Drink? Corn Farmers Sour on Bud Light After Super Bowl Ad” – Successful Farming

“The state of the USDA: A quiet dismantling” – Institute for Agriculture and Trade Policy

“Interstate hemp commerce under fire despite Farm Bill assurances” – Hemp Industry Daily

“Collective of 400 EU stakeholders call for a ‘common food policy’s” – Euractiv

“FDA readies for Produce Safety Rule for US farms, offers compliance resources” – Food Navigator

“A ‘Common Food Policy’ Offers a Guide to a More Sustainable Food System in Europe. Could It Be a Model for the U.S.?” – Civil Eats

Stay Informed:

Listen to our weekly Agricultural Law Podcast

Read our monthly Agricultural Law Brief newsletter

Connect with us on Facebook to view our weekly CASL Ledger detailing Center publications and activities

Visit The Ag & Food Law Blog for a comprehensive summary of daily judicial, legislative, and regulatory developments in agriculture and food

Thursday, February 7, 2019

Agricultural Law Weekly Review—February 7, 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:

Labeling Laws: Court Rejects San Francisco Law Requiring Health Warnings on Sugary Drinks

On January 31, 2019, the 9^th Circuit Court of Appeals determined that a San Francisco ordinance requiring health warnings on certain sugar-sweetened beverages violated the First Amendment right to freedom of speech (American Beverage Association v. City and County of San Francisco, Case: 16-16072). In June 2015, San Francisco enacted an ordinance requiring that certain sugar-sweetened beverage advertisements be labeled with the following statement: “WARNING: Drinking beverages with added sugar(s) contributes to obesity, diabetes, and tooth decay. This is a message from the City and County of San Francisco.” Under the ordinance, the warning was to occupy at least 20% of the advertisement. The 9^th Circuit stated that court findings suggested that the goals of the ordinance could be accomplished with a warning smaller than 20%. As a result, the court ruled that “the 20% requirement is not justified and is unduly burdensome when balanced against its likely burden on protected speech.”

Cannabis / Industrial Hemp: Vote Hemp Releases 2018 Hemp Crop Report

On January 28, 2019, the hemp advocacy organization Vote Hemp announced the release of its 2018 U.S. Hemp Crop Report. The report provides the number of acres of hemp grown in 2018 and identifies states that have enacted hemp legislation. According to the report, the total number of acres of hemp grown in the U.S. increased from 25,713 in 2017 to 78,176 in 2018. Additionally, the report stated that 41 states have currently enacted legislation regarding hemp production.

International Trade: USDA Awards $200M to Help Farmers Expand Markets

On January 31, 2019, the U.S. Department of Agriculture (USDA) announced that the agency has awarded $200 million to 57 organizations through the Agricultural Trade Promotion Program (ATP). According to USDA, the purpose of the ATP is to help U.S. agricultural producers identify and gain access new export markets. U.S. Secretary of Agriculture Sonny Perdue stated that the funds are “seed money, leveraged by hundreds of millions of dollars from the private sector, that will help to increase our agricultural exports.”

Dairy Policy: California Milk Processor Board Announces Consumer Loyalty Program

On January 28, 2019, Cison PR Newswire reported that the California Milk Processor Board (CMPB) has launched a consumer loyalty program that will pay consumers for the purchase of real dairy milk. The new program will be known as “Moo Money.” Under the program, which starts January 28, 2019 and ends April 28, 2019, eligible California consumers can earn points for every $1 spent towards a qualifying purchase of real dairy milk. If these consumers accumulate enough points, they will have the ability to convert the points into Virtual Reward Cards which can then be used where ever MasterCard is accepted. Previously, CMPB created the well-known “Got Milk?” dairy campaign.

Air Quality: Maryland to Monitor Air Near Poultry Houses

On January 29, 2019, the Maryland Department of the Environment (MDE) announced that it will collect air samples on Maryland’s Lower Eastern Shore in order to determine the effects of large poultry houses on air quality. At various monitoring stations, measurements will be made regarding ammonia and particulate matter. Information will also be collected regarding weather conditions. The monitoring is scheduled for one year. At the end of the that time, MDE will examine the collected information and determine any future necessary actions.

From National Ag Law Experts:

“Agricultural Tenants and Eminent Domain Proceeds”, Tiffany Dowell Lashmet, Texas Agriculture Law Blog – Texas A&M AgriLife Extension (February 4, 2019)

“Maryland’s Laws for Raising Honey Bee”, Nicole Cook, Maryland Risk Management Education Blog (January 29, 2019)

“Ag-gag gets the bag”, Ellen Essman, Ag Law Blog – Agricultural Law & Taxation – Ohio State University Extension (January 29, 2019)

Pennsylvania Department of Agriculture:

“Huntingdon County Resident Named 2019 Pennsylvania Fair Queen”

Pennsylvania Legislation:

SB 85: Legislation regarding licensing fee exemptions for certain service dogs (Referred to Senate for consideration, February 4, 2019)

SB 145: Legislation amending the Agricultural Area Security Law to provide for restrictions and limitations on preserved farmland (Referred to Senate for consideration, February 4, 2019)

HB 368: Legislation regarding boarding kennel licensing (Referred to House Agriculture and Rural Affairs Committee February 4, 2019)

Pennsylvania Actions and Notices:

Department of Environmental Protection

“Agricultural Advisory Board 2019 meeting schedule”

Milk Marketing Board

“Hearing and presubmission schedule; all milk marketing areas; minimum retail prices”

“Hearing and presubmission schedule; milk marketing area No. 6”

AgLaw HotLinks:

“US consumers continue to eat more cheese” – Food Navigator

“Interest in Traceability Programs on the Rise” – Brownfield Ag News

“UK worries over ag exports without EU deal” – Morning AgClips

“Uber-Like Solution for Farm Shipments Connects Grains to Empty Trucks” – Bloomberg