May 22, 2023

Agricultural Law Weekly Review—May 22, 2023

Water Quality: Consent Decree Directs Ohio EPA to Develop Western Lake Erie Watershed TDML 🌾
On April 25, 2023, the U.S. District Court for the Northern District of Ohio Toledo Division issued a consent decree directing the Ohio Environmental Protection Agency (Ohio EPA) to develop a Total Maximum Daily Load (TMDL) for the Maumee River Watershed. Environmental Law & Policy Center v. United States Environmental Protection Agency, No: 3:19-cv-00295. In February 2019, the plaintiffs filed a complaint alleging that the Ohio EPA failed to take proper action, or implement an effective TMDL, to combat phosphorus and other nutrient runoff causing harmful algal blooms. Pursuant to the consent decree, the Ohio EPA will submit a final Maumee River Watershed TMDL to the U.S. EPA by June 30, 2023. For background, see ALWR—Nov. 21, 2019, “Federal Judge Allows Lawsuit Seeking EPA Action on Lake Erie TMDL;” ALWR—Feb. 20, 2020, “Ohio Releases Report Disclosing Intent to Develop TMDL for Western Lake Erie,”

Water Quality: Snake River Waterkeeper Files Suit Over Clean Water Act Violations
On May 9, 2023, the Snake River Waterkeeper, an environmental non-profit, filed a complaint against J.R. Simplot Company and Simplot Livestock Company (Simplot) in the U.S. District Court for the District of Idaho. Snake River Waterkeeper v. J.R. Simplot Company, No: 1:23-cv-00239. The complaint alleges violations of the Clean Water Act stemming from runoff manure pollution from Simplot’s industrial Grand View Feedlot is contaminating the area of Snake River Canyon. Simplot has not yet responded to the complaint.

Food Policy: FSIS Releases New Ready-To-Eat Fermented, Salt-Cured, and Dried Products Guideline
On May 5, 2023, the U.S. Department of Agriculture (USDA) Food Safety and Inspection Service (FSIS) published a notice in the Federal Register titled “Availability of FSIS Ready-To-Eat Fermented, Salt-Cured, and Dried Products Guideline.” This guideline applies to “small and very small meat and poultry . . . establishments.” Comments to the guideline will be accepted via the Federal Register until July 5, 2023.

National Agricultural Policy: USDA Publishes 2023–2026 Science and Research Strategy
On May 15, 2023, the U.S. Department of Agriculture (USDA) announced the publication of its USDA Science and Research Strategy, 2023–2026 (S&RS) and an accompanying fact sheet. The S&RS identifies five priorities for USDA research: (1) “Accelerating Innovative Technologies & Practices,” (2) “Driving Climate-Smart Solutions,” (3) “Bolstering Nutrition Security & Health,” (4) “Cultivating Resilient Ecosystems,” and (5) “Translating Research into Action.” According to USDA Chief Scientist, Dr. Chavonda Jacobs-Young, the S&RS aligns with USDA’s 2022-2026 Strategic Plan and “reflects a three-year vision for transforming U.S. agriculture through science and innovation.”

Biotechnology: FDA to Develop Standardized Measurements for Gene Alterations in Partnership with National Institute of Standards and Technology
On May 10, 2023, the U.S. Food and Drug Administration (FDA) announced a partnership with the National Institute of Standards and Technology (NIST) to develop standardized measurements for Intentional Genomic Alterations (IGAs) in gene-edited swine and cattle. According to the announcement, IGA standardized measurements are needed to “characteriz[e] both intended and unintended alterations” in gene-edited animals and, in food animal agriculture, should “improve regulators’ confidence in developers’ evaluations, potentially reducing time to the marketplace.”

Water Quality: Report Published on Chesapeake Bay Agreement TMDL Progress
On May 9, 2023, the Chesapeake Bay Program Scientific and Technical Advisory Committee (STAC) announced the publication of a report titled, “Achieving Water Quality Goals in the Chesapeake Bay: A Comprehensive Evaluation of System Response (CESR).” The STAC is an independent body providing scientific and technical advice to the Chesapeake Bay Program. This report examines why progress towards meeting the Chesapeake Bay Total Maximum Daily Load (TMDL) established by the Chesapeake Bay Agreement has been slower than anticipated.

Dairy Policy: Iowa Enacts Law Allowing Raw Milk Production, Sales
On May 11, 2023, Iowa Governor Kim Reynolds signed Senate File 315, allowing the production, labeling, and distribution of raw milk, defined as “milk that is not pasteurized or graded as otherwise required” by Iowa law. The law restricts raw milk production to “raw milk dairies,” which may have up to ten “dairy animals . . . actively produc[ing] milk at any one time.” Under the law, producers may not sell raw milk or raw milk products containing a bacteria coliform count more than “ten colony forming units per millimeter.” Additionally, the law requires raw milk-producing dairy animals to be examined annually by a licensed veterinarian and tested monthly to check coliform and standard plate counts.

 

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CENTER PROGRAMS & RESOURCES

Events:

An Overview of U.S. Charitable Food Surplus Programs. Free webinar presented in partnership with the National Agricultural Law Center.

  • June 21, 2023, noon–1 pm (ET). Register.

Understanding Agricultural Law. A free monthly Zoom webinar series for all agricultural and rural business advisors. One hour of substantive CLE credit available for Pennsylvania-licensed attorneys at no charge. Recordings and materials from the series, more information, and registration available here. Upcoming:

  • June 23, 2023, noon–1 pm (ET). Understanding the Basics of the Farm Credit System. Register.

Multi-District Antitrust Litigation in the Protein Sectors (Poultry, Pork and Beef), recorded May 17, 2023

Dairy Quarterly Legal Webinar. A free quarterly Zoom webinar series covering U.S. dairy industry legal and regulatory developments with an in-depth focus topic presentation. One hour of substantive CLE credit available for Pennsylvania-licensed attorneys at no charge. Recordings and materials from the series, more information, and registration available here. Recent:

Legal Planning for Specialty Crop Producers. A free six-webinar series available for on-demand viewing by registering.

Podcasts:

Resources of Interest:

Proposition 12 Coverage:

Other Resources:

Legislative Hearings/Meetings/Reports:

U.S. Sen. Ag. Committee:

U.S. House Ag. Committee Hearings:

Pennsylvania General Assembly Committee Hearings:

Pennsylvania Farm/Food Employers’ Listserv (PFEL) is a human resources networking group exclusively for farm and food employers. Subscribe by email with “subscribe” in the subject line to pfel-subscribe-request@lists.psu.edu.

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FEDERAL ACTIONS—EXECUTIVE & LEGISLATIVE

U.S DEPARTMENT OF AGRICULTURE (USDA) PRESS RELEASES

USDA Highlights New Regional Food Business Center to Strengthen Food Supply Chain Infrastructure in the Delta Region (May 12, 2023)

Agriculture and Interior Departments Invest $2.8 Billion to Improve Public Lands Access and Support Conservation Efforts Across the United States (May 11, 2023)

Final Day of AIM for Climate Summit Announces Groundbreaking Initiatives on the Road to COP28 (May 10, 2023)

USDA Announces New Steps to Enhance Organic Markets and Support Producers (May 10, 2023)

AIM for Climate Summit Highlights Private Sector Investment in Driving Climate Action, Crucial Role of Women’s Leadership (May 9, 2023)

AIM for Climate Summit Opens with Global Food Systems Innovation and Climate-Smart Agriculture Initiatives (May 8, 2023)

ENVIRONMENTAL PROTECTION AGENCY (EPA) PRESS RELEASES

EPA Announces $48 Million Settlement for Cleanup of the Olin Chemical Superfund Site in Wilmington, Massachusetts (May 11, 2023).

USDA AGENCY PRESS RELEASES:

Agricultural Marketing Service (AMS)

USDA Announces New Steps to Enhance Organic Markets and Support Producers (May 10, 2023).

Farm Service Agency (FSA)

USDA Announces New Steps to Enhance Organic Markets and Support Producers (May 10, 2023)

USDA, Colorado Introduce Additional Conservation Practice to Address Regional Drought Concerns (May 8, 2023)

Food and Nutrition Service (FNS)

SNAP Online Shopping Expansion Team Honored as Finalists for Service to America Medal (May 12, 2023)

Farm to School and Child Nutrition Programming Model in Rialto, California (May 10, 2023)

Foreign Agricultural Service (FAS)

Planting Hope: U.S.-Ukraine Memorial Tree Dedication Inspires Solidarity and Partnership (May 12, 2023)

Export Sales to Unknown Destinations (May 11, 2023)

Cancellation of Export Sales to China (May 9, 2023)

AIM for Climate Summit Opens with Global Food Systems Innovation and Climate-Smart Agriculture Initiatives (May 8, 2023)

National Institute of Food and Agriculture (NIFA)

State of Success: National Washington Day (May 11, 2023)

NIFA Invests Nearly $8M in Regional Innovations for Climate-Smart Agriculture and Forestry (May 10, 2023)

NIFA Invests $9M in Extension, Education and USDA Climate Hubs Partnership (May 10, 2023)

NIFA Invests Over $13M in Animal Nutrition, Growth and Lactation Program (May 10, 2023)

Aquaculture Stakeholders Invited to Attend Listening Sessions (May 10, 2023)

Michigan State Soil Carbon Stock Research (May 9, 2023)

FEDERAL EXECUTIVE AGENCIES (Federal Register May 8–12, 2023):            

Agricultural Marketing Service

88 FR 30712 Notice requesting comments: “Tobacco Report: Notice of Request for an Extension and Revision of a Currently Approved Information Collection” (May 12, 2023).

Agriculture

88 FR 30713 Notice: “Submission for OMB Review; Comment Request; Correction” (May 12, 2023

88 FR 30029 Final Rule: “Civil Monetary Penalty Inflation Adjustments for 2023” (May 10, 2023).

88 FR 29621 Notice: “Submission for OMB Review; Comment Request [Food Safety and Inspection Service: Advanced Meat Recovery Systems]” (May 8, 2023).

Environmental Protection Agency

88 FR 30127 Notice: “Pesticide Emergency Exemptions; Agency Decisions and State and Federal Agency Crisis Declarations” (May 10, 2023).

88 FR 30043 Final Rule: “Cyflufenamid; Pesticide Tolerance” (May 10, 2023).

88 FR 29835 Final Rule: “Fomesafen; Pesticide Tolerances” (May 9, 2023).

88 FR 29539 Final Rule: “Clean Air Plans; 2015 8-Hour Ozone Nonattainment Area Requirements; Clean Fuels or Advanced Control Technology for Boilers; San Joaquin Valley and Los Angeles-South Coast Air Basin, California” (May 8, 2023).

88 FR 29541 Final Rule: “Aspergillus Flavus Strain AF36; Amendment to an Exemption From the Requirement of a Tolerance” (May 8, 2023).

88 FR 29591 Proposed Rule: “Air Plan Approval; Florida; Amendments to Stationary Sources-Emission Standards” (May 8, 2023).

88 FR 29598 Proposed Rule: “Air Plan Approval; Florida; Revision of Excess Emissions Provisions and Emission Standards” (May 8, 2023).

88 FR 29616 Proposed Rule: “Air Plan Approval; West Virginia; 2022 Amendments to West Virginia’s Ambient Air Quality Standards” (May 8, 2023).

88 FR 29666 Notice-request for information: “Development of Guidance for Zero-Emission Clean Heavy-Duty Vehicles, Port Equipment, and Fueling Infrastructure Deployment Under the Inflation Reduction Act Funding Programs” (May 8, 2023).

Farm Service Agency

88 FR 30070 Notice: “Notice of Funding Availability (NOFA) for the Rice Production Program” (May 10, 2023).

Food and Nutrition Service

88 FR 29623 Notice: “Agency Information Collection Activities: Determining Eligibility for Free and Reduced Price Meals and Free Milk” (May 8, 2023).

88 FR 29627 Notice: “Agency Information Collection Activities: Information Collection for the National School Lunch Program” (May 8, 2023).

88 FR 29625 Notice: “Agency Information Collection Activities: Operational Challenges in Child Nutrition Programs (OCCNP) Surveys” (May 8, 2023).

88 FR 29622 Notice: “Agency Information Collection Activities: Proposed Collection; Comment Request-Generic Clearance for Stakeholder Feedback and Surveys as Part of FNS Planning: Regulatory Actions, Semi-Annual Regulatory Agenda, Program Changes, Research Studies, Outreach, Training and/or Development of Guidance” (May 8, 2023).

Food Safety and Inspection Service

88 FR 30713 Notice request for comments: “Notice of Request for a New Information Collection: Consumer Labeling Research: Focus Groups” (May 12, 2023).

Fish and Wildlife Service

88 FR 30324 Notice: “Endangered and Threatened Wildlife and Plants; Initiation of 5-Year Status Reviews for 67 Southeastern Species” (May 11, 2023).

88 FR 30233 Final Rule: “Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Slickspot Peppergrass (Lepidium papilliferum); Correction” (May 11, 2023).

88 FR 30047 Final Rule: “Endangered and Threatened Wildlife and Plants; Reclassifying Furbish’s Lousewort (Pedicularis furbishiae) From Endangered to Threatened Status with a Section 4(d) Rule” (May 10, 2023).

International Trade Administration

88 FR 29631 Notice: “Quarterly Update to Annual Listing of Foreign Government Subsidies on Articles of Cheese Subject to an In-Quota Rate of Duty” (May 10, 2023).

U.S. HOUSE AGRICULTURE COMMITTEE:

H.R.3216 “To amend the Rural Electrification Act of 1936 to reauthorize and improve the ReConnect loan and grant program, and for other purposes.” (May 11, 2023).

H.R.3204 “To amend the Child Nutrition Act of 1966 and the Richard B. Russell National School Lunch Act to make breakfasts and lunches free for all children, and for other purposes.” (May 11, 2023).

H.R.3200 “To require the Secretary of Agriculture and the Secretary of the Interior to carry out certain activities to enhance recreational opportunities for gateway communities, to amend the Federal Lands Recreation Enhancement Act to provide for the establishment of a digital National Parks and Federal Recreational Lands Pass, and for other purposes.” (May 10, 2023).

H.R.3183 “To amend the Food and Nutrition Act of 2008 to remove certain eligibility disqualifications that restrict otherwise eligible students enrolled in institutions of higher education from participating in the supplemental nutrition assistance program, and for other purposes.” (May 10, 2023).

H.R.3174 “To amend the Plant Protection Act for purposes of mitigating the threat of invasive species, and for other purposes.” (May 10, 2023).

H.R.3173 “To provide for transfer of ownership of certain Federal lands in northern Nevada, to authorize the disposal of certain Federal lands in northern Nevada for economic development, to promote conservation in northern Nevada, and for other purposes.” (May 10, 2023).

H.R.3159 “Food Date Labeling Act of 2023” (May 9, 2023).

H.R.3135 “To establish the Land Port of Entry Modernization Trust Fund, and for other purposes.” (May 9, 2023).

H.R.3127 “To amend the Food, Conservation, and Energy Act of 2008 to provide families year-round access to nutrition incentives, including hard-to-serve areas, and for other purposes.” (May 9, 2023).

U.S. SENATE COMMITTEE ON AGRICULTURE, NUTRITION, AND FORESTRY:

S.1582 “A bill to amend the Farm Security and Rural Investment Act of 2002 to expand the national organic certification cost-share program into a comprehensive organic program, and for other purposes.” (May 11, 2023).

S.1580 “A bill to improve the process for awarding grants under certain programs of the Department of Agriculture to certain counties in which the majority of land is owned or managed by the Federal Government and to other units of local government and Tribal governments in those counties, and for other purposes.” (May 11, 2023).

S.1568 “A bill to amend the Child Nutrition Act of 1966 and the Richard B. Russell National School Lunch Act to make breakfasts and lunches free for all children, and for other purposes.” (May 11, 2023).

S.1555 “A bill to amend the Farm Security and Rural Investment Act of 2002 to support solar projects under the Rural Energy for America Program, and for other purposes.” (May 11, 2023).

S.1539 “A bill to amend the Federal Crop Insurance Act and the Federal Agriculture Improvement and Reform Act of 1996 to make the native sod provisions applicable to the United States and to modify those provisions, and for other purposes.” (May 10, 2023).

S.1529 “A bill to amend the Animal Welfare Act to provide for greater protection of roosters, and for other purposes.” (May 10, 2023).

S.1512 “A bill to amend the Federal Meat Inspection Act and the Poultry Products Inspection Act to allow for the interstate internet sales of certain State-inspected meat and poultry, and for other purposes.” (May 10, 2023).

S.1509 “A bill to amend the Food Security Act of 1985 to extend and reform the conservation reserve program, and for other purposes.” (May 10, 2023).

S.1495 “A bill to require the Secretary of Agriculture to establish a program to provide support on the use of industrial heat pumps, and for other purposes.” (May 9, 2023).

S.1488 “A bill to amend the Food and Nutrition Act of 2008 to remove certain eligibility disqualifications that restrict otherwise eligible students from participating in the supplemental nutrition assistance program, and for other purposes.” (May 9, 2023).

S.1485 “A bill to amend the Food and Nutrition Act of 2008 to require the Secretary to designate food and food products to be made available under the supplemental nutrition assistance program, and for other purposes.” (May 9, 2023).

STATE ACTIONS—EXECUTIVE & LEGISLATIVE 

PENNSYLVANIA DEPARTMENT OF AGRICULTURE PRESS RELEASES: 

Russell Redding Confirmed to Serve As 27th PA Agriculture Secretary (May 10, 2023).

PENNSYLVANIA EXECUTIVE AGENCIES (Pa. Bulletin Vol. 53, No. 19—May 13, 2023): 

Department of Environmental Protection

53 Pa.B. 2655 Notice: “Water Resources Advisory Committee Meeting Cancellation and Location Changes”

53 Pa.B. 2654 Notice: “Planning Grant Awards under Section 901 of the Municipal Waste Planning, Recycling and Waste Reduction Act, Act 101 of 1988”

53 Pa.B. 2594 Notice: “Applications, Actions and Special Notices.”

Milk Marketing Board

53 Pa.B. 2677 Notice: “Hearing and Presubmission Schedule for All Milk Marketing Areas; Over-Order Premium”

Pennsylvania Fish and Boat Commission

53 Pa.B. 2676 Notice: “Triploid Grass Carp Permit Application”

PENNSYLVANIA LEGISLATURE

SB 694 “An Act amending Title 3 (Agriculture) of the Pennsylvania Consolidated Statutes, in fireworks, further providing for definitions and for sales locations.” First consideration, May 9, 2023 [Senate]. (May 9, 2023)

SB 658 “An Act amending Title 35 (Health and Safety) of the Pennsylvania Consolidated Statutes, in public safety, prohibiting certain animal experimentation.” Referred to Agriculture and Rural Affairs [Senate]. (May 11, 2023)

 

Written by:    
Dillon Lightfoot—Research Assistant 
Mary Johnson—Research Assistant 
Brook Duer—Staff Attorney