August 6, 2023
Agricultural Law Weekly Review—August 7, 2023
Agricultural Labor: Department of Labor Announces Heat Hazard Alert 🌾
On Thursday, July 27, 2023, the U.S. Department of Labor (DOL) announced that its Occupational Safety and Health Administration (OSHA) issued a heat hazard alert. According to a White House fact sheet, the hazard alert is the first of its kind and was issued at the request of the President in response to the extreme heat affecting most of the United States. The hazard alert describes employers’ obligations to protect their workers from heat-related illnesses and injuries. Additionally, DOL states that “OSHA will intensify its enforcement . . . with increased inspections in high-risk industries like . . . agriculture.” Days before DOL’s announcement, 112 Congress members and the United Farm Workers sent letters and made statements calling for increased federal heat protections. In October 2021, OSHA issued an advanced notice of proposed rulemaking for “heat injury and illness prevention in outdoor and indoor work settings,” although the agency has yet to issue a final rule.
National Agricultural Policy: Senate Passes National Defense Authorization Act Amendment Restricting Foreign Land Purchases
On July 27, 2023, the U.S. Senate passed, 86-11, S.2226, the “National Defense Authorization Act [NDAA] for Fiscal Year 2024.” The act includes S. Amdt.813, introduced by Senator Mike Rounds (R-S.D.) and passed by the Senate 91-7, which would add the Secretary of Agriculture to the Committee on Foreign Investment and require review of agricultural land purchases in excess of 320 acres or $5 million from purchasers from China, Russia, Iran, and North Korea. The U.S. House of Representatives version of the 2024 NDAA (H.R. 2670) does not include the same or similar language. The two chambers must now reconcile their NDAA versions before submitting to the President. To maintain steady military funding, the 2024 NDAA must be enacted by December 31, 2023.
Pesticides: EPA Releases Draft Herbicide Strategy for Federally Listed Species
On July 24, 2023, the U.S. Environmental Protection Agency (EPA) announced the availability of its Draft Herbicide Strategy Framework to Reduce Exposure of Federally Listed Endangered and Threatened Species and Designated Critical Habitats from the Use of Conventional Agricultural Herbicides. The agency states that the strategy “is part of EPA’s ongoing efforts to develop a multichemical, multispecies approach to meeting its obligations under the Endangered Species Act (ESA).” EPA further states that its “traditional chemical-by-chemical, species-by-species approach to meeting these obligations is slow and costly” and that “[a]s a result, EPA has completed its ESA obligations for less than 5% of its actions, creating legal vulnerabilities for the Agency, increased litigation, and uncertainty for farmers and other pesticide users about their continued ability to use many pesticides.” EPA states, “The Strategy—which is primarily designed to provide early mitigations that minimize impacts to over 900 listed species—is one of EPA’s most significant proposals to help overcome these challenges.” The Strategy is available for public comment until September 22, 2023.
Animal Welfare: New Jersey Passes ‘Stand-Up, Turn-Around’ Animal Confinement Law
On July 26, 2023, New Jersey Governor Phil Murphy signed into law A-1970, which requires the New Jersey State Board of Agriculture and the Department of Agriculture to adopt updated rules and regulations regarding the confinement, care, and treatment of breeding pigs and calves raised for veal. The law prohibits farmers from confining pigs and calves “in a manner that prevents the animal from lying down, standing up, fully extending the animal’s limbs, or turning around freely,” known as the “stand-up, turn around” standard. The rules must be adopted by January 22, 2024. For more on animal confinement laws, see the Center’s Animal Confinement Issue Tracker.
Animal Welfare: Midwest Pork Companies Claim Mass. Question 3 Preempted by Federal Law
On July 26, 2023, several midwestern pork and agriculture companies filed a complaint in the U.S. District Court for the District of Massachusetts alleging that Massachusetts’ Question 3 violates the U.S. Constitution’s Commerce Clause and is preempted by several federal laws. Triumph Foods, LLC v. Campbell, No. 1:23-cv-11671. Among several causes of action, the complaint alleges that Question 3, which prohibits the in-state sale of pork not compliant with the state’s confinement standards, violates the Commerce Clause because it discriminates against out-of-state producers and is preempted by the Federal Meat Inspection Act and the Packers and Stockyards Act. In addition to a permanent injunction, the complaint requests the court to immediately stay enforcement of the law. See also ALWR—July 24, 2023, “Massachusetts District Court Grants Stay on Implementation of Pork Rules.”
Water Quality: Oregon Passes Law Further Regulating Confined Animal Feeding Operations
On July 27, 2023, the Governor of Oregon signed into law SB 85, “Relating to confined animal feeding operations; and declaring an emergency.” Passed in June 2023 by the Oregon legislature, the law requires all applicants for a Confined Animal Feeding Operation (CAFO) permit to submit a water plan and also requires new CAFOs that use more than 12,000 gallons of water per day to obtain a water certificate. Additionally, the law defines “new large” CAFOs and allows the state to reject National Pollutant Discharge Elimination (NPDES) permits for “new large” CAFOs that land-apply manure or other waste “within the ground water management area.” The new law became effective upon the governor’s approval.
Antitrust: Turkey Price-Fixing Complaint Filed by Sysco Claims Assignee
On July 21, 2023, Carina Ventures LLC filed a complaint in the U.S. District Court for the Southern District of Texas against Agri-Stats and several poultry companies alleging that the companies conspired to suppress turkey production and fix turkey prices in violation of the Sherman Antitrust Act. Carina Ventures LLC v. Agri Stats, Inc., No. 4:23-cv-02685. The plaintiff, Carina Ventures, is an assignee of claims by Sysco Corporation following litigation with Burford Capital Ltd., Sysco’s litigation-funder for its claims in In re Broiler Chicken Antitrust Litigation. Sysco Corporation v. Glaz LLC, No. 1:23-cv-01451 (N.D. Il.). Named defendants include Butterball, Cargill, Cooper Farms, Farbest, Foster Farms, Hormel, House of Raeford, Perdue, Prestage, and Tyson. No response has yet been filed. For more, see the Center’s Agricultural Antitrust Litigation Issue Tracker.
Antitrust: Tenth Circuit Remands Pilgrim’s Stockholder Price-Fixing Claim for Reconsideration
On July 13, 2023, the U.S. Court of Appeals for the Tenth Circuit issued an opinion reversing the district court’s dismissal of the plaintiff’s second amended complaint and remanding the complaint to determine the sufficiency of its claims. Hogan v. Pilgrim’s Pride Corporation, No. 21-1445. The plaintiff, a Pilgrim’s Pride stockholder, initially filed a complaint in 2016, and an amended complaint in 2017, alleging price-fixing and fraud against the company. Hogan v. Pilgrim’s Pride Corporation, No. 1:16-cv-02611 (D. Colo.). Although the district court dismissed the complaint in 2018 for failure to plead sufficient facts, the court stated that the plaintiff could file a second amended complaint (SAC) and did not specify a time period for the plaintiff to do so. After the plaintiff filed his SAC in 2020, the court dismissed the complaint in 2021, stating that its claims were blocked by a five-year statute of repose. The Circuit court found that the statute did not apply to the plaintiff’s SAC because the district court’s 2018 opinion “explicitly authorized Plaintiff to file an amended complaint.” Additionally, the Circuit court noted that Pilgrim’s could have sought dismissal for “failure to prosecute” or asked the court to impose a deadline, but did neither. For more on antitrust litigation, see the Center’s Agricultural Antitrust Litigation Issue Tracker.
Pesticides/Herbicides: D.C. Circuit Court Holds District Court as Proper Venue for Dicamba Challenge
On July 21, 2023, the U.S. Court of Appeals for the District of Columbia Circuit issued an opinion holding that the district court is the proper venue for a case challenging the U.S. Environmental Protection Agency’s (EPA) October 2020 registration of three dicamba products. Am. Soybean Ass’n v. Michael Regan, No. 20-1441. The case was filed in both district court and the D.C. circuit court as a “precautionary measure.” Am. Soybean Ass’n v. EPA, No. 1:20-cv-03190, (D.D.C.). The court determined, and all parties agreed, that the district courts have jurisdiction over the case “because EPA did not hold a ‘public hearing’ before issuing the challenged orders.” For background, see ALWR—Sept. 2, 2022, “Plaintiffs Motion to Lift Stay in Arizona District Court Dicamba Case, EPA Opposes.”
Pesticides/Herbicides: Eleventh Circuit Remands Glyphosate ‘Force-of-Law’ Analysis Back to Panel
On July 10, 2023, the U.S. Court of Appeals for the Eleventh Circuit, sitting en banc, issued an opinion remanding to the initial three-judge panel the question of whether the U.S. Environmental Protection Agency’s (EPA) approval of and labeling requirements for the glyphosate-based herbicide Roundup, which “otherwise lack[] the force of law,” preempts the plaintiff’s state law failure-to-warn claim. John Carson v. Monsanto Company, No. 21-10994. In July 2022, the panel determined that labeling requirements under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) did not preempt the plaintiff’s claims and reversed the district court’s ruling. Upon rehearing the case en banc, the Circuit court found that the plaintiff’s “force-of-law” analysis, which asks “whether it would have been impossible for the defendant to comply with the state-law duty without violating federal law,” should only be applied to implied preemption questions, not questions of express preemption, which, the court stated, should be determined by “the meaning of the express-preemption provision” of FIFRA. The court then returned to the panel whether the “force-of-law” analysis should be applied to FIFRA’s labeling “requirements.”
For background, see ALWR—July 15, 2022, “Eleventh Circuit Court Finds No Federal Preemption of Roundup Product Liability Claims; Bayer’s Unsuccessful Again in Reducing Liability” and ALWR—Jan. 9, 2023, “11th Circuit Grants En Banc Hearing on Federal Preemption of State Law Roundup Products Liability Claims.”
For more on glyphosate issues, see the Center’s Glyphosate Issue Tracker.
National Agricultural Policy: Congress Passes Resolutions Disapproving of Endangered Classifications for Lesser Prairie Chicken and Northern Long-Eared Bat
On July 27, 2023, the U.S. House of Representatives passed joint resolutions S.J. Res. 9 and S.J. Res. 24, formally disapproving of and nullifying two rules issued by the U.S. Fish and Wildlife Service that classified the lesser prairie chicken (northern population) and northern long-eared bat as endangered. The resolutions were previously passed by the U.S. Senate in May 2023 and now head to the President for approval.
Antimicrobial Use: USDA Issues ‘Raised Without Antibiotics’ Questionnaire
On July 18, 2023, the U.S. Department of Agriculture (USDA) Food Safety and Inspection Service (FSIS) issued a notice titled “Questionnaire for ‘Raised without Antibiotics’ Special Labeling Claims on Beef.” The questionnaire, due August 18, 2023, asks slaughter establishment inspection program personnel to report the subclasses and slaughter frequency of cattle whose products bear “raised without antibiotics” (RWA) claims. FSIS states that the collected data will be used to inform future RWA sampling.
Agricultural Data: USDA Releases Historical Crop Rotation Interactive Map
On July 25, 2023, the U.S. Department of Agriculture (USDA) announced the new Crop Sequence Boundaries (CSB), a publicly accessible open-source interactive map that provides visual crop rotation data. CSB was developed by USDA’s National Agricultural Statistics Service (NASS) and Economic Research Service (ERS), and incorporates satellite images, “high-performance cloud computing,” Google Earth Engine, and other public data to show users eight years of historical planting decisions across the United States. USDA stated that CSB will enhance agricultural science and research and will provide “producers an innovative resource to help make farming decisions.”
Conservation Programs: PepsiCo, Walmart Announce Joint Conservation Efforts
On July 26, 2023, PepsiCo and Walmart announced a seven-year joint effort to “enable and accelerate the adoption of regenerative agriculture practices on more than 2 million acres of farmland.” The companies will invest $120 million to support farmers in the United States and Canada who adopt practices that improve soil health and water quality and reduce greenhouse gas emissions. Pepsi states that the effort will help the company meet its pep+ (PepsiCo Positive) goals, including adopting regenerative agriculture practices on 7 million acres by 2030. Additionally, the investments will move Walmart closer to its zero emissions by 2040 target and its goal to “protect, manage, or restore at least 50 million acres of land . . . by 2030.”
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CENTER PROGRAMS & RESOURCES
Events:
Penn State College of Agricultural Sciences Ag Progress Days: Aug. 8–10, 2023
Pennsylvania’s largest outdoor agricultural exposition with over 400 exhibitors from the United States and Canada. The show features educational programs, current research, and the latest innovations in agricultural equipment and technology. Parking and admission are free. Come visit the Center for Agricultural and Shale Law booth in the exhibits!
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:
- Aug. 25, 2023, noon–1 pm (ET), Understanding the Basics of Milk Pricing
- Sept. 22, 2023, noon–1 pm (ET), Understanding the Basics of Pesticides
- Oct. 27, 2023, noon–1 pm (ET), Understanding the Basics of the Plant Protections Act & PA Seed Law
- Nov. 17, 2023, noon–1 pm (ET), Understanding the Basics of the Fair Labor Standards Act
3rd Annual Penn State Solar Law Symposium
- Aug. 23, 2023, noon–4:15 pm (ET). Topics to include grid scale solar overview; solar development from the perspectives of the landowner, the developer, and the municipality; Public Utility Commission considerations; and PJM considerations.
Where Will Pennsylvania’s Solar Future Be Located and How Will It Get There?
- Oct. 25, 2023, 1:00–2:00pm (ET). Staff attorney Brook Duer will present with WeConservePA.
Resources of Interest:
Nat’l Agric. Law Ctr., Florida’s Newly Enacted Foreign Ownership Law: Part One, Micah Brown (July 25, 2023)
Agric. Law & Tax’n Blog, Stolen Money Taxable – Disallowed Theft Loss Rule Stings Scammed Couple, Roger A. McEowen (July 24, 2023)
Ohio St. Univ. Ext. Farm Off. Blog, Want to Donate Your Garden Surplus? Ohio Law Provides Liability Protection, Peggy Kirk Hall (July 18, 2023).
Tex. A&M Agric. Law Blog, Thumbs Up Emoji Costs Canadian Farmer $82,000, Tiffany Dowell (July 24, 2023)
Southern Ag Today, Bermuda Grass Hay Nutrient Removal, Max Runge (July 26, 2023)
Southern Ag Today, Shaking the Global Rice Market: India Bans Exports of White Non-Basmati Rice, Alvaro Durand-Morat (July 27, 2023)
Southern Ag Today, How to Protect Farmworkers During Heat Waves?, Alejandro Gutierrez-Li (July 28, 2023)
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FEDERAL ACTIONS—EXECUTIVE & LEGISLATIVE
U.S DEPARTMENT OF AGRICULTURE (USDA) PRESS RELEASES
U.S. Department of Agriculture Announces Key Staff Appointments and Promotions (July 26, 2023)
Biden-Harris Administration Helps Expand Access to Rural Health Care Through Investing in America Agenda (July 25, 2023)
USDA Invests in Research, Extension and Education at 1890 Land-grant Universities (July 24, 2023)
ENVIRONMENTAL PROTECTION AGENCY (EPA) PRESS RELEASES
EPA Posts Pesticide Incident Data Publicly (July 27, 2023)
EPA Seeks Input on Expansion of the Safer Choice and Design for the Environment Programs (July 25, 2023)
EPA Releases Draft Strategy to Better Protect Endangered Species from Herbicide Use (July 24, 2023)
USDA AGENCY PRESS RELEASES:
Agricultural Research Service (ARS)
USDA Research Identifies Moths that Slow the Spread of Invasive Fern (July 27, 2023)
USDA Research Identifies and Tracks Moth Species That Can Destroy Packaged Food (July 25, 2023)
Animal and Plant Health Inspection Service (APHIS)
APHIS Announces Open Period for FY 2024 Funding Opportunities Supporting Animal Disease Preparedness and Response Activities (July 26, 2023)
USDA Continues Field Evaluation of Oral Rabies Vaccine for Raccoons, Other Wildlife (July 26, 2023)
Food and Nutrition Service
FNS, NIFA Partner to Invest in a Strong and Diverse WIC Workforce (July 27, 2023)
Foreign Agricultural Service (FAS)
Export Sales to China, Mexico, and Unknown Destinations (July 28, 2023)
Export Sales to Unknown Destinations (July 26, 2023)
Export Sales to China (July 24, 2023)
Forest Service
USDA Forest Service report highlights threats to forest, rangeland health over the next 50 years (July 24, 2023)
National Agricultural Statistics Service
USDA introduces geospatial data product to show crop rotation patterns (July 25, 2023)
National Institute of Food and Agriculture (NIFA)
NIFA Invests $13.7 Million to Develop New Food and Ag Scientists (AFRI A7101) (July 26, 2023)
NIFA Invests $23 Million to Improve Human Health Through Food (AFRI A1343) (July 26, 2023)
UC Davis Releases 5 Strawberry Varieties Resistant to Deadly Fungal Disease (July 24, 2023)
USDA NIFA Invests in Research, Extension and Education at 1890 Land-grant Universities (July 24, 2023)
FEDERAL EXECUTIVE AGENCIES (Federal Register July 24–29, 2023):
Agricultural Marketing Service
88 FR 48141 Proposed Rule: “Paper and Paper-Based Packaging Promotion, Research, and Information Order; Continuance Referendum” (July 26, 2023)
88 FR 47396 Proposed Rule: “Milk in the Northeast and Other Marketing Areas; Notice of Hearing on Proposed Amendments to Marketing Agreements and Orders” (July 26, 2023)
Agriculture Department
88 FR 48786 Notice: “Submission for OMB Review; Comment Request” [7 CFR part 210, National School Lunch Program.] (July 28, 2023)
88 FR 48425 Notice: “Submission for OMB Review; Comment Request” [Wood Innovations Funding Opportunity Program.] (July 27, 2023)
88 FR 48516 Proposed Rule: “Semiannual Regulatory Agenda, Spring 2023” (July 27, 2023)
88 FR 48187 Notice: “Notice of Request for Extension and Revision of a Currently Approved Information Collection” (July 26, 2023)
88 FR 48188 Notice: “Submission for OMB Review; Comment Request” [School Meals Operations Study: Evaluation of the School-based Child Nutrition Programs.] (July 26, 2023)
88 FR 47844 Notice: “Submission for OMB Review; Comment Request” [Servicing Minor Program Loans.] (July 25, 2023)
Environmental Protection Agency
88 FR 48846 Notice: “Pesticide Registration Review; Decisions and Case Closures for Several Pesticides; Notice of Availability” (July 28, 2023)
88 FR 48248 Notice: “Notice of Receipt of Requests To Voluntarily Cancel Certain Pesticide Registrations” (July 26, 2023)
88 FR 48179 Proposed Rule: “Receipt of a Pesticide Petition Filed for Residues of Pesticide Chemicals in or on Various Commodities (June 2023)” (July 26, 2023)
88 FR 47778 Final Rule: “Indaziflam; Pesticide Tolerance” (July 25, 2023)
88 FR 47773 Final Rule: “N-(n-Octyl)-2-pyrrolidone in Pesticide Formulations; Tolerance Exemption” (July 25, 2023)
88 FR 47495 Notice: “Pesticide Product Registration; Receipt of Applications for New Uses June 2023” (July 24, 2023)
Food and Drug Administration
88 FR 48475 Notice: “Cellular, Tissue, and Gene Therapies Advisory Committee; Notice of Meeting; Establishment of a Public Docket; Request for Comments” (July 27, 2023)
U.S. HOUSE AGRICULTURE COMMITTEE:
H.R.5091 “To require the Secretary of Agriculture to annually publish certain data with respect to grape production, and for other purposes.” (July 28, 2023)
H.R.5089 “To amend the Federal Insecticide, Fungicide, and Rodenticide Act and the Federal Water Pollution Control Act to clarify Congressional intent regarding the regulation of the use of pesticides in or near navigable waters, and for other purposes.” (July 28, 2023)
H.R.5087 “To require the Secretary of Agriculture to submit a report to Congress on Department of Agriculture spending related to seafood purchases and grants, and for other purposes.” (July 28, 2023)
H.R.5086 “To amend the Food and Nutrition Act of 2008 to exclude from income, for the purpose of determining eligibility and benefits, increased income received from cost of living adjustments made under titles II and XVI of the Social Security Act, section 3(a)(1) of the Railroad Retirement Act of 1974 (45 U.S.C. 231b(a)(1)), or section 5312 of title 38 of the United States Code, and income received from supplementary payments received under section 1616 of the Social Security Act.” (July 28, 2023)
H.R.5085 “To amend the Federal Insecticide, Fungicide, and Rodenticide Act to fully protect the safety of children and the environment, to remove dangerous pesticides from use, and for other purposes.” (July 28, 2023)
H.R.5081 “To amend the Agricultural Marketing Act of 1946 to prohibit retailers from designating the United States as the country of origin of foreign beef, and for other purposes.” (July 28, 2023)
H.R.5079 “To direct the Secretary of Agriculture to publish criteria for the review of requests by certain meat or poultry establishments to operate at alternate inspection rates, to review and respond to such requests, and for other purposes.” (July 28, 2023)
H.R.5078 “To amend the Agricultural Foreign Investment Disclosure Act of 1978 to strengthen oversight over foreign investment in the United States agricultural industry, and for other purposes.” (July 28, 2023)
H.R.5070 “To amend the Agricultural Research, Extension, and Education Reform Act of 1998 to improve interagency coordination in the pesticide registration process, and for other purposes.” (July 28, 2023)
H.R.5062 “To amend the Agricultural Marketing Act of 1946 to direct the Secretary of Agriculture to establish a program under which the Secretary will award grants to specialty crop producers to acquire certain equipment and provide training with respect to the use of such equipment.” (July 27, 2023)
H.R.5061 “To amend the Specialty Crops Competitiveness Act of 2004 to direct the Secretary of Agriculture to establish a program under which the Secretary will award grants to eligible organizations to encourage the development, maintenance, and expansion of commercial domestic market for domestically produced specialty crop commodities.” (July 27, 2023)
H.R.5059 “To amend the Emergency Food Assistance Act of 1983 to allow certain States to directly purchase commodities, and for other purposes.” (July 27, 2023)
H.R.5057 “To require the Secretary of Agriculture to carry out a program to provide payments to producers experiencing certain crop losses as a result of a disaster.” (July 27, 2023)
H.R.5052 “To amend the Public Works and Economic Development Act of 1965 to provide grants for outdoor recreation projects to spur economic development, with a focus on rural communities, and to provide training for rural communities on funding opportunities for outdoor recreation, and for other purposes.” (July 27, 2023)
H.R.5051 “To amend the Farm Security and Rural Investment Act of 2002 to improve the Rural Energy for America Program, and for other purposes.” (July 27, 2023)
H.R.5044 “To require the Secretary of Agriculture to carry out certain activities relating to research for wood products, and for other purposes.” (July 27, 2023)
H.R.5043 “To amend the Food Security Act of 1985 to create permanent payments within the environmental quality incentives program for soil health practices and carbon sequestration monitoring, and for other purposes.” (July 27, 2023)
H.R.5041 “To amend the Animal Welfare Act to expand and improve the enforcement capabilities of the Attorney General, and for other purposes.” (July 27, 2023)
H.R.5033 “To provide standing authority and accountability for the Secretary of Agriculture and senior leadership of the Department of Agriculture to improve the equitable availability and distribution of services and program benefits to the people of the United States, and for other purposes.” (July 27, 2023)
H.R.5031 “To reauthorize the Joint Chiefs Landscape Restoration Partnership program, and for other purposes.” (July 27, 2023)
H.R.5030 “To extend the Secure Rural Schools and Community Self-Determination Act of 2000.” (July 27, 2023)
H.R.5023 “To expand opportunity for agricultural producers, increase consumer choice in food markets, and enhance American international competitiveness by establishing new programs for food innovation, and for other purposes.” (July 27, 2023)
H.R.5015 “To amend the Infastructure Investment and Jobs Act to authorize the Secretary of Agriculture, acting through the Chief of the Forest Service, to enter into contracts, grants, and agreements to carry out certain ecosystem restoration activities, and for other purposes.” (July 27, 2023)
H.R.5014 “To direct the Secretary of Veterans Affairs to submit to Congress a report on the Warrior Training Advancement Course, to direct the Secretary of Agriculture to administer a pilot program to employ veterans in positions that relate to agriculture, conservation, and nutrition activities of the Department of Agriculture, and for other purposes.” (July 27, 2023)
H.R.4979 “To regulate market concentration and competition in the food and agriculture industry, and for other purposes.” (July 27, 2023)
H.R.4978 “To provide for the protection of agricultural workers, and for other purposes.” (July 27, 2023)
H.R.4969 “To amend the Food and Nutrition Act of 2008 to restore and standardize work requirements for able-bodied adults enrolled in the supplemental nutrition assistance program and limit participation to 5 years for able-bodied adults.” (July 27, 2023)
H.R.4964 “To amend the Food and Nutrition Act of 2008 to require adjustments to the thrifty food plan to be budget-neutral, and for other purposes.” (July 27, 2023)
H.R.4959 “To require to Comptroller General to submit to Congress a report on the status of dams in the USDA watershed program.” (July 27, 2023)
H.R.4956 “To establish an advisory committee to inform Congress of the impact of Waters of the United States regulations on United States agriculture, and for other purposes.” (July 27, 2023)
H.R.4943 “To require the Secretary of Agriculture to streamline applications from farmers to be vendors under certain nutrition programs, and for other purposes.” (July 26, 2023)
H.R.4940 “To amend the Farm Credit Act of 1971 to support the commercial fishing industry.” (July 26, 2023)
H.R.4935 “To amend the Commodity Exchange Act to adjust the period during which amounts transferred by the Commodity Futures Trading Commission to the account for customer education initiatives and non-awards expenses shall remain available, and for other purposes.” (July 26, 2023)
H.R.4920 “To provide for cost-share waivers for projects carried out in response to wildland fires caused by certain Government actions, and for other purposes.” (July 26, 2023)
H.R.4909 “To amend the Food and Nutrition Act of 2008 to improve diet quality and nutrition security, and for other purposes.” (July 26, 2023)
H.R.4902 “To amend the Food Security Act of 1985 to establish a groundwater conservation easement program, and for other purposes.” (July 26, 2023)
H.R.4894 “To amend the Agriculture Improvement Act of 2018 to reauthorize the dairy business innovation initiatives.” (July 25, 2023)
H.R.4873 “To increase the capacity of the food supply chain in the United States, and create a more resilient, diverse, and secure United States food supply chain, by codifying and expanding the Food Supply Chain Guaranteed Loan Program.” (July 25, 2023)
H.R.4861 “To amend the Food, Agriculture, Conservation, and Trade Act of 1990 to authorize grants for eligible institutions to carry out agriculture workforce training programs, and for other purposes.” (July 25, 2023)
H.R.4856 “To amend the Food, Conservation, and Energy Act of 2008 with respect to the Gus Schumacher Nutrition Incentive Program and the sustainability of such program, and for other purposes.” (July 25, 2023)
H.R.4855 “To direct the Comptroller General of the United States to conduct a study to evaluate the effects of the post-incarceration ban under section 115 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 on participation in the supplemental nutrition assistance program by drug felons, and for other purposes.” (July 25, 2023)
H.R.4845 “To amend the Food and Nutrition Act of 2008 to ensure that striking workers and their households do not become ineligible for benefits under the supplemental nutrition assistance program, and for other purposes.” (July 25, 2023)
H.R.4838 “To amend the Specialty Crops Competitiveness Act of 2004 to extend and enhance the specialty crop block grants program, and for other purposes.” (July 24, 2023)
H.R.4835 “To extend and increase funding for the Rural Economic Development Loan and Grant Program of the Department of Agriculture, and for other purposes.” (July 24, 2023)
H.R.4831 “To provide a special rate of basic pay for Federal wildland firefighters during fiscal years 2024 and 2025, and for other purposes.” (July 24, 2023)
U.S. SENATE COMMITTEE ON AGRICULTURE, NUTRITION, AND FORESTRY:
S.2713 “A bill to amend the Food and Nutrition Act of 2008 and the Emergency Food Assistance Act of 1983 to make commodities available for the Emergency Food Assistance Program, and for other purposes.” (July 27, 2023)
S.2710 “A bill to provide for the conservation of the Chesapeake Bay, and for other purposes.” (July 27, 2023)
S.2709 “A bill to amend the Department of Agriculture Reorganization Act of 1994 to establish an Assistant Secretary of Agriculture for Tribal Relations, and for other purposes.” (July 27, 2023)
S.2706 “A bill to amend the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to require the Secretary of Agriculture to enter into cooperative agreements relating to drought prevention, preparedness, response, and mitigation, and for other purposes.” (July 27, 2023)
S.2704 “A bill to amend the Food Security Act of 1985 to establish an exception to certain payment limitations in the case of person or legal entity that derives income from agriculture, and for other purposes.” (July 27, 2023)
S.2703 “A bill to amend the Department of Agriculture Reorganization Act of 1994 to establish the Office of the Farm and Food System Workforce.” (July 27, 2023)
S.2698 “A bill to require the Secretary of Agriculture to carry out a program to provide payments to producers experiencing certain crop losses as a result of a disaster.” (July 27, 2023)
S.2697 “A bill to amend the Consolidated Farm and Rural Development Act to modify the definitions of the terms “rural” and “rural area” for purposes of grants and loans to remedy a lack of compliance with certain drinking water standards, and for other purposes.” (July 27, 2023)
S.2696 “A bill to amend the Food Security Act of 1985 to modify the water conservation or irrigation efficiency practice waiver authority.” (July 27, 2023)
S.2682 “A bill to amend the Agricultural Act of 2014 with respect to the tree assistance program, and for other purposes.” (July 27, 2023)
S.2670 “A bill to regulate market concentration and competition in the food and agriculture industry, and for other purposes.” (July 27, 2023)
S.2668 “A bill to amend the Consolidated Farm and Rural Development Act to reform farm loans, to amend the Department of Agriculture Reorganization Act of 1994 to reform the National Appeals Division process, and for other purposes.” (July 27, 2023)
S.2667 “A bill to amend the Agricultural Marketing Act of 1946 to include support for sustainable fibers in the Local Agriculture Market Program, and for other purposes.” (July 27, 2023)
S.2663 “A bill to amend the Rural Electrification Act of 1936 to reform broadband permitting, and for other purposes.” (July 27, 2023)
S.2662 “A bill to require the Secretary of Agriculture to carry out certain activities relating to research for wood products, and for other purposes.” (July 27, 2023)
S.2659 “A bill to provide increased financial assistance for farmers’ markets and farmers’ market nutrition programs, to increase local agricultural production through food bank in-house production and local farmer contracting, and for other purposes.” (July 27, 2023)
S.2643 “A bill to amend the Federal Crop Insurance Act to modify eligibility for prevented planting insurance under certain drought conditions, and for other purposes.
S.2636 “A bill to amend the Watershed Protection and Flood Prevention Act to improve that Act, and for other purposes.” (July 27, 2023)
S.2633 “A bill to amend the Packers and Stockyard Act, 1921, to provide administrative enforcement authority over live poultry dealers, and for other purposes.” (July 27, 2023)
S.2631 “A bill to amend the Food Security Act of 1985 to require the Secretary of Agriculture to establish the forest conservation easement program, and for other purposes.
S.2630 “A bill to establish the Shenandoah Mountain National Scenic Area in the State of Virginia, and for other purposes.” (July 27, 2023)
S.2619 “A bill to amend the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to eliminate the prohibition on indirect costs with respect to aquaculture assistance, and for other purposes.” (July 27, 2023)
S.2614 “A bill to amend the Food Security Act of 1985 to expand the provision of farmer-led technical assistance, and for other purposes.” (July 27, 2023)
S.2611 “A bill to require the Secretary of Agriculture to expand the snow survey and water supply forecasting program to serve the Northeastern United States.” (July 27, 2023)
S.2610 “A bill to amend the Food Security Act of 1985 to modify payment and other limitations for commodity programs, and for other purposes.” (July 27, 2023)
S.2603 “A bill to amend the Food Security Act of 1985 to streamline conservation practice standards, and for other purposes.” (July 27, 2023)
S.2598 “A bill to amend the Federal Crop Insurance Act to modify whole farm revenue protection, and for other purposes.” (July 27, 2023)
S.2595 “A bill to provide standing authority and accountability for the Secretary of Agriculture and senior leadership of the Department of Agriculture to improve the equitable availability and distribution of services and program benefits to the people of the United States, and for other purposes.” (July 27, 2023)
S.2594 “A bill to amend the Farm Security and Rural Investment Act of 2002 to improve the Rural Energy for America Program, and for other purposes.” (July 27, 2023)
S.2591 “A bill to amend the Department of Agriculture Reorganization Act of 1994 to improve the Office of Urban Agriculture and Innovative Production, and for other purposes.” (July 27, 2023)
S.2589 “A bill to amend the Research Facilities Act and the Agricultural Research, Extension, and Education Reform Act of 1998 to address deferred maintenance at agricultural research facilities, and for other purposes.” (July 27, 2023)
S.2588 “A bill to amend the Food Security Act of 1985 to create permanent payments within the environmental quality incentives program for soil health practices and carbon sequestration monitoring, and for other purposes.” (July 27, 2023)
S.2583 “A bill to ban new corporate ownership of agricultural land, and for other purposes.” (July 27, 2023)
S.2582 “A bill to establish an integrated research, education, and extension competitive grant program and scholarship grant program for certain Asian American and Native American Pacific Islander-serving agricultural institutions, and for other purposes.” (July 27, 2023)
S.2579 “A bill to amend the Food and Nutrition Act of 2008 to exclude from income certain funds received under the Social Security Act.” (July 27, 2023)
S.2578 “A bill to amend the Emergency Food Assistance Act of 1983 to allow certain States to directly purchase commodities, and for other purposes.” (July 27, 2023)
S.2577 “A bill to amend the Food, Conservation, and Energy Act of 2008 to improve the Gus Schumacher nutrition incentive program, and for other purposes.” (July 27, 2023)
S.2570 “A bill to amend the Agricultural Trade Act of 1978 to provide technical assistance to improve infrastructure in foreign markets for United States agricultural commodities.
S.2568 “A bill to require State field offices of the National Resources Conservation Service to give preference to in-State applicants.” (July 27, 2023)
S.2564 “A bill to amend the Food Security Act of 1985 to address emissions of certain greenhouse gasses and carbon storage through conservation incentive contracts.” (July 27, 2023)
S.2563 “A bill to amend the Food and Nutrition Act of 2008 to allow for dual enrollment in the supplemental nutrition assistance program and the food distribution program on Indian reservations.” (July 27, 2023)
S.2558 “A bill to reauthorize the Joint Chiefs Landscape Restoration Partnership program, and for other purposes.” (July 27, 2023)
S.2555 “A bill to amend the Animal Welfare Act to expand and improve the enforcement capabilities of the Attorney General, and for other purposes.” (July 27, 2023)
S.2553 “A bill to amend the Food and Nutrition Act of 2008 to ensure that striking workers and their households do not become ineligible for benefits under the supplemental nutrition assistance program, and for other purposes.” (July 26, 2023)
S.2542 “A bill to amend the Rural Electrification Act of 1936 to establish a last acre program, and for other purposes.” (July 26, 2023)
S.2541 “A bill to amend the Federal Crop Insurance Act to require the Federal Crop Insurance Corporation to conduct research and development on the inclusion of certain oilseed crops in double cropping policies, and for other purposes.” (July 26, 2023)
S.2540 “A bill to amend the Food and Nutrition Act of 2008 to allow for increased flexibility in the food distribution program on Indian reservations, and for other purposes.” (July 26, 2023)
S.2537 “A bill to amend the Food and Nutrition Act of 2008 to improve access to the food distribution program on Indian reservations, and for other purposes.” (July 26, 2023)
S.2536 “A bill to require the Secretary of Agriculture to provide training materials for the use of health care professionals to inform their patients about the availability of benefits under the supplemental nutrition assistance program, and for other purposes.” (July 26, 2023)
S.2523 “A bill to amend the Federal Crop Insurance Act to require certain membership on the Board of Directors of the Federal Crop Insurance Corporation.” (July 26, 2023)
S.2514 “A bill to amend the Colorado River Basin Salinity Control Act to modify certain requirements applicable to salinity control units, and for other purposes.” (July 26, 2023)
S.2507 “A bill to amend the Food Security Act of 1985 to ensure equal treatment of buy-protect-sell transactions and certain other transactions under the agricultural conservation easement program, and for other purposes.” (July 26, 2023)
S.2504 “A bill to require the Secretary of Agriculture to streamline applications from farmers to be vendors under certain nutrition programs, and for other purposes.” (July 26, 2023)
S.2500 “A bill to amend the Commodity Exchange Act to adjust the period during which amounts transferred by the Commodity Futures Trading Commission to the account for customer education initiatives and non-awards expenses shall remain available, and for other purposes.” (July 25, 2023)
S.2479 “A bill to direct the Secretary of Agriculture to establish an alternative manure management program, and for other purposes.” (July 25, 2023)
S.2472 “A bill to amend the Agricultural Research, Extension, and Education Reform Act of 1998 to improve interagency coordination in the pesticide registration process, and for other purposes.” (July 25, 2023)
S.2460 “A bill to amend the Child Nutrition Act of 1966 to clarify the availability and appropriateness of training for local food service personnel, and for other purposes.” (July 25, 2023)
S.2458 “A bill to amend the Federal Crop Insurance Act to promote crop insurance support for beginning farmers and ranchers, and for other purposes.” (July 25, 2023)
STATE ACTIONS—EXECUTIVE & LEGISLATIVE
PENNSYLVANIA DEPARTMENT OF AGRICULTURE PRESS RELEASES:
None this week.
PENNSYLVANIA EXECUTIVE AGENCIES (Pa. Bulletin Vol. 53, No. 30—July 29, 2023):
Department of Agriculture
53 Pa.B. 3992 Notice: “Amendment Referendum of the Pennsylvania Potato Research Program”
53 Pa.B. 3992 Notice: “Pennsylvania Potato Research Program; 2023 Order, As Amended”
Department of Environmental Protection
53 Pa.B. 4041 Notice: “2024 Environmental Education Grants; Notice of Availability”
53 Pa.B. 4042 Notice: “Aggregate Advisory Board Meeting Cancellation”
53 Pa.B. 3996 Notice: “Applications for National Pollutant Discharge Elimination System (NPDES) Permits and Water Quality Management (WQM) Permits Under the Clean Streams Law and Federal Clean Water Act”
53 Pa.B. 4042 Notice: “Availability of Technical Guidance”
53 Pa.B. 4043 Notice: “Pennsylvania’s 2023 Annual Ambient Air Monitoring Network Plan”
PENNSYLVANIA LEGISLATURE
No actions this week
Contributors:
Victoria Dutterer—Research Assistant
Mary Johnson—Research Assistant
Lonzie Helms—Research Assistant
Joshua Narey—Research Assistant
Audry Thompson—Staff Attorney
