May 30, 2024
Agricultural Law Weekly Review—May 30, 2024
National Agricultural Policy: House Agriculture Committee Advances Farm Bill 🌾
On May 23, 2024, the U.S. House of Representatives Committee on Agriculture passed (33-21) the “Farm, Food, and National Security Act of 2024” (H.R.8467), the House version of the 2024 Farm Bill. Previously, on May 17, 2024, the House Committee published a discussion draft and summary of the bill, also announced by the Committee. On May 1, 2024, the Senate Committee on Agriculture, Nutrition, and Forestry announced a summary of its Farm Bill draft, titled the “Rural Prosperity and Food Security Act of 2024,” although the Senate Committee has yet to publicize its final version.
Nutrition Programs: USDA Announces Children’s Summer Nutrition ‘SUN Programs,’ Interim Final Rule Open for Comment
On May 21, 2024, the U.S. Department of Agriculture (USDA) Food and Nutrition Service (FNS) announced a suite of children’s summer nutrition programs called SUN Programs, which consist of “SUN Meals,” “SUN Meals To-Go,” and “SUN Bucks.” While the SUN Meals—offered under the Summer Food Service Program, which provides in-person meals at “schools, parks, community centers, and other neighborhood locations”—have been available since 1968 under the National School Lunch Programs (42 U.S.C. §§ 1751–1769), SUN Meals To-Go and SUN Bucks were established as permanent programs through the 2023 Consolidated Appropriations Act (PL 117-328; H.R.2617), passed in December 2022. First offered in summer 2023, the SUN Meals To-Go program, or “Non-Congregate Summer Meal Service,” “offers pick-up and delivery options in some rural areas when and where SUN Meals are not available.” Available for the first time in summer 2024, the SUN Bucks program, or Summer Electronic Benefit Transfer (Summer EBT) Program, “provides a grocery benefit of $120 per eligible school-aged child” that “can be used at . . . grocery stores and other food retailers . . . in addition to other food benefits families may already receive.” Previously, on December 29, 2023, FNS published in the Federal Register an interim final rule (88 FR 90230) establishing regulations for the summer non-congregate meal service and Summer EBT programs. The interim final rule was re-opened for comment on April 19, 2024 (89 FR 28572) and is available for public comment until August 27, 2024.
Pesticides/Herbicides: Vermont Governor Vetoes Bill to Prohibit Neonicotinoid Pesticides
On May 20, 2024, Vermont Governor Philip Scott vetoed H.706, titled “An act relating to banning the use of neonicotinoid pesticides.” The bill cited similar prohibitions on neonicotinoid pesticides in Ontario, Quebec, and New York and prohibited “neonic-treated seeds of corn, soybean, and all other cereal grains” and outdoor application of neonicotinoids on “soybeans, cereal grains, ornamental plants, any plant in bloom and certain vegetables after bloom” as long as New York’s law remained in force. In his veto memo, the governor stated that “the science is not conclusive on whether this ban will achieve the desired results,” noting that, according to the U.S. Department of Agriculture’s 2017–2022 census, “Vermont’s honeybee population has grown about 30 percent” “while the use of neonics has persisted.” Additionally, the governor stated that “neonics are approved by the U.S. Environmental Protection Agency and used on a variety of crops” and that prohibition of the pesticide would “put Vermont farmers at a significant disadvantage.” See also ALWR—Jan. 8, 2024, “New York Passes Law Prohibiting Neonicotinoid Pesticides.”
Animal Health: FDA Withdraws Policy Guide Regulating Animal Foods with Drug Claims
On May 20, 2024, the U.S. Food and Drug Administration (FDA) published in the Federal Register a notice of withdrawal (89 FR 43857), an announcement of the withdrawal of the Center for Veterinary Medicine’s Program Policy and Procedures Manual Guide Regulating Animal Foods with Drug Claims. Also announced by FDA, the agency states that the guide, originally published in 1998, “no longer reflects the agency’s current thinking.” FDA states that “it intends to issue guidance to clarify [its] current thinking on the regulation of certain substances . . . for use in animal food . . . intended to affect the structure or . . . function of an animal’s body” and that the agency is “working with Congress in seeking new legislative authority for a clear regulatory pathway for substances added to animal food or drinking water that function in the gut of an animal . . . [by] affect[ing] the microbiome of the animal, affect[ing] the byproducts of the digestive process, or reduc[ing] pathogens in food products made from the animal.”
International Trade: International Trade Commission Finds 2,4-D Imports from China, India May ‘Materially Injure’ U.S. Industry
On May 20, 2024, the U.S. International Trade Commission (USITC) issued an affirmative determination, from a 4-0 vote, that “there is a reasonable indication that a U.S. industry is materially injured by reason of imports of 2,4-dichlorphenoxyacetic acid (2,4-D) from China and India that are allegedly sold in the United States at less than fair value and subsidized by the governments of China and India.” Also announced by USITC, the determination was based upon a preliminary investigation (No. 701-710) prompted by a petition from Corteva Agriscience LLC (89 FR 19876). The announcement cites $50.9 million of subject and $29.6 million of nonsubject 2,4-D imports and lists one unnamed 2,4-D producer located in Michigan. According to the announcement, USITC will publish a report in its publications library “contain[ing] the views of the Commission and information developed during the investigations” by June 7, 2024. Because of USITC’s affirmative determination, “the U.S. Department of Commerce will continue its investigations of imports of 2,4-D from China and India, with its preliminary countervailing duty determinations due on or about June 27, 2024, and its preliminary antidumping duty determinations due on or about September 10, 2024” (89 FR 34205).
International Trade: USDA Allocates $300 Million for Regional Agricultural Promotion Program
On May 21, 2024, U.S. Department of Agriculture (USDA) Secretary Tom Vilsack announced that USDA has allocated $300 million under the Regional Agricultural Promotion Program (RAPP) to 60 U.S. organizations “to build demand for American food and farm exports in high-potential markets around the globe.” According to the announcement, “the U.S. Dairy Export Council plans to expand its presence in Africa by utilizing RAPP funding to better understand and develop dairy import regulations and regulatory frameworks in many markets.” For background, see, ALWR—Dec. 4, 2023, “Regional Agricultural Promotion Program Final Rule Published, USDA Opens Application Period”; ALWR—Oct. 2, 2023, “GAO Decision Finds USDA’s Use of Commodity Credit Corporation Funds Lawful.”
International Trade: International Cattle Producer Groups Issue Letter, Joint Statement on ‘Science-Based’ Policies
On May 15, 2024, the U.S. National Cattlemen’s Beef Association (NCBA), Mexico’s Confederación National de Organizaciones Ganaderas (CNOG), and the Canadian Cattle Association (CCA) issued a letter to the trade secretaries of the United States, Mexico, and Canada “call[ing] for a science-based and rules-based approach to international trade policies.” The letter cites the inclusion of Brazil and Argentina into Mexico’s beef market and Brazil and Paraguay into the “U.S. market in spite of strong opposition from the U.S. cattle sector who cited numerous science-based justifications for why th[e] countries pose a risk to the health and safety of the U.S. cattle herd” and urged the “governments to prioritize the health and safety of [North American] cattle over the expedience of winning friends in South America.” Additionally, the three groups and Cattle Australia issued a joint statement encouraging government cooperation “to combat devastating foreign animal diseases . . . promote sustainable global trade that encourages efficient production practices, and . . . ensure science-based food safety and marketing regulations of emerging food technologies like lab-grown proteins.” The statement specifically requests governments to take steps to “understand the long-term effects on human health, nutrition, and the environment that result from” lab-grown protein technologies, and to mandate clear labeling on lab-grown protein packaging. For background, see ALWR—Jan. 8, 2024, “USDA Issues Notice, Updates ‘Animal Health Status of Regions’ Webpage for Paraguay Beef Imports.”
Agricultural Labor: Organizations Administering Farm and Food Workers Payments in Pennsylvania until October 2024
On May 21, 2024, Penn State Extension announced that several organizations are currently administering payments from the Farm and Food Workers Relief Grant Program for workers in Pennsylvania:
- Pasa Sustainable Agriculture (Farm and Meat),
- National Migrant and Seasonal Head Start Association (Farm work only),
- UFW Foundation (Farm work only),
- Cherokee Nation (Farm and Meat), and
- UFCW Charity Foundation, Inc. (Farm and Meat).
Under the program, “field workers, livestock workers, and meatpacking workers” employed between January 27, 2020, and May 11, 2023, may be eligible for up to $600. According to the announcement, “funds are available until exhausted or October 2024.” For background, see ALWR—Nov. 12, 2021, “Applications Open for Entities to Administer Farm/Food Workers Relief Grant Program.”
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CENTER PROGRAMS & RESOURCES
Understanding Agricultural Law Series. A free monthly Zoom webinar series for agricultural and rural business advisors. One hour of substantive CLE credit available for Pennsylvania-licensed attorneys at no charge. All events on Fridays, noon–1 pm (ET). Upcoming:
- June 28, 2024, Understanding the Basics of the Clean Water Act & Agriculture
- July 26, 2024, Understanding the Basics of Agritourism Laws
- Aug. 23, 2024, Understanding the Basics of the H-2A Temporary Agricultural Worker Program
Dairy Quarterly Legal Webinar Series. A free quarterly Zoom webinar series covering dairy industry legal and regulatory developments with an in-depth focus topic. One hour of substantive CLE credit available for Pennsylvania-licensed attorneys at no charge. All events on Tuesdays, noon–1 pm (ET). Upcoming:
- July 16, 2024, Overview of U.S. State Milk Pricing Systems, Part 2
“HPAI in Poultry and Cattle: How Can We Miss You if You Won’t Go Away?”
- July 17, 2024, noon–1 pm (ET), online. Staff Attorney Brook Duer Presents with the National Agricultural Law Center.
Podcasts:
Agricultural Law Podcast
USDA Takes First Regulatory Steps on Carbon Credit Production (May 14, 2024)
USDA Takes New Approach in HPAI Outbreak in Dairy Cattle (Apr. 26, 2024)
Farmland Legal Energy Podcast
Agrivoltaics & Large-Scale Solar Energy in Pennsylvania Update (May 15, 2024)
Artificial Intelligence in Agriculture (Apr. 29, 2024)
Resources of Interest:
Southern Ag Today, Why Don’t We Start More Cooperatives?, Phil Kenkel, Oh. St. Univ. Ext. (May 17, 2024)
Nat’l Agric. Law Ctr., Department of Labor Finalizes New H-2A Regulations, Samantha Capaldo (May 16, 2024)
Ohio St. Univ. Ext. Farm Off. Blog, New Rule and Legislation on Electronic Ear Tags for Cattle: a Continuing Battle, Peggy Kirk Hall (May 16, 2024)
Southern Ag Today, Unpacking the Success of U.S. Beef in Japan, Andrew Muhammad, Univ. Tenn. Inst. Agric. (May 16, 2024)
Southern Ag Today, Cover-crop Acres up in Texas, Stagnant Across Rest of the South, Emmanual Okonkwo, Auburn Univ., Alejandro Plastina, Iowa St. Univ., Wendiam Sawadgo, Auburn Univ. (May 15, 2024)
Southern Ag Today, Diamond Rings for Old Things, Andrew Griffith, Univ. Tenn. Inst. Agric. (May 14, 2024)
Tex. A&M Agric. Law Blog, Recent Recorded Programs & Interviews, Tiffany Dowell Lashmet (May 13, 2024)
Southern Ag Today, May WASDE Projects Higher Supplies and Lower Prices Again in 2024, Hunter Biram, Univ. Ark., Ryan Loy, Univ. Ark. (May 13, 2024)
Univ. Md. Risk Mgmt. Educ. Blog, Agricultural Workers’ Disaster Leave, Sima Majnooni (May 12, 2024)
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FEDERAL ACTIONS—EXECUTIVE & LEGISLATIVE
U.S DEPARTMENT OF AGRICULTURE (USDA) PRESS RELEASES
USDA Investment Advances Research and Extension Capacity Across 1890 Historically Black Land-grant Universities (May 17, 2024)
In Visit to Columbus, Agriculture Secretary Vilsack Announces New Investments in Local Urban Agriculture (May 17, 2024)
USDA Highlights Opportunities to Advance Equity in Agricultural Communities at Third Regional Equity Convening (May 16, 2024)
USDA AGENCY PRESS RELEASES:
Agricultural Marketing Services
USDA Issues a Packers and Stockyards Complaint against Duvall Livestock Market LP (May 16, 2024)
USDA Settles a Packers and Stockyards Case with McLamb’s Abattoir & Meats Inc. (May 16, 2024)
USDA Settles a Packers and Stockyards Case with Simmons Foods Inc. (May 16, 2024)
USDA Issues a Default Decision against Michael “Brent” Wagner for Violating the Packers and Stockyards Act (May 16, 2024)
Agricultural Research Service
No Love for Mealybug Menace of Vineyards (May 13, 2024)
Animal and Plant Health Inspection Service
USDA Awards $22.2 Million in Farm Bill Funding to Protect Animal Health (May 16, 2024)
Foreign Agriculture Service
USDA Announces Availability of Funding for Projects to Address Specialty Crop Export Challenges (May 17, 2024)
National Agricultural Statistics Service (NASS)
NASS releases Census of Agriculture Congressional District Profiles and Rankings (May 15, 2024)
Natural Resources Conservation Service (NRCS)
NRCS Texas Announces Second Sign-up for FY24 Conservation Stewardship Program- Inflation Reduction Act Funding (May 17, 2024)
USDA Forms New Partnerships to Support Organic Transition, Conservation Assistance (May 16, 2024)
FEDERAL EXECUTIVE AGENCIES (Federal Register May 13–17, 2024):
Agriculture Department
89 FR 43370 Notice: “Submission for OMB Review; Comment Request” (May 17, 2024)
89 FR 43372 Notice: “Submission for OMB Review; Comment Request” (May 17, 2024)
89 FR 42421 Notice: “Submission for OMB Review; Comment Request” (May 15, 2024)
89 FR 41925 Notice—Comment Period: “Notice of Information Collection, Request for Comment” (May 14, 2024)
89 FR 41926 Notice—Comment Period: “Notice of Request for Revision of a Currently Approved Information Collection; Digitized Advisory Committee and Research and Promotion Background Information Revised Supplemental Lists and Including Marketing in Collection” (May 14, 2024)
89 FR 41927 Notice—Comment Period: “Notice of Request for Extension or Renewal of a Currently Approved Information Collection” (May 14, 2024)
89 FR 41372 Notice: “Submission for OMB Review; Comment Request” (May 13, 2024)
89 FR 41373 Notice: “Submission for OMB Review; Comment Request” (May 13, 2024)
89 FR 41374 Notice: “Submission for OMB Review; Comment Request” (May 13, 2024)
Animal and Plant Health Inspection Service
89 FR 43372 Notice: “Spotted Lanternfly Cooperative Control Program; Programmatic Environmental Assessment and Finding of No Significant Impact” (May 17, 2024)
89 FR 42834 Notice: “Notice of Withdrawal of Select Agent Regulatory Exclusion for African Swine Fever Virus-G-ΔI177L” (May 16, 2024)
Environmental Protection Agency
89 FR 43328 Rule—Comment Period: “Bacillus Thuringensis Cry1B.868 and Cry1Da_7 Proteins; Exemption From the Requirement of a Tolerance” (May 17, 2024)
89 FR 42873 Notice: “Animal Agriculture and Water Quality Subcommittee (AAWQ), Subcommittee of the Farm, Ranch, and Rural Communities Committee (FRRCC); Notice of Public Meeting Animal Agriculture and Water Quality Subcommittee” (May 16, 2024)
89 FR 42387 Rule: “Tetraniliprole; Pesticide Tolerances” (May 15, 2024)
89 FR 42382 Rule: “Cyantraniliprole; Pesticide Tolerances” (May 15, 2024)
Food Safety and Inspection Service
89 FR 43373 Notice: “Retail Exemptions Adjusted Dollar Limitations” (May 17, 2024)
89 FR 41375 Notice: “Salmonella in Not Ready-To-Eat Breaded Stuffed Chicken Products” (May 13, 2024)
Rural Housing Service
89 FR 41928 Notice: “Announcement of the Availability of Puerto Rico Rural Partners Network Rural Community Development Initiative” (May 14, 2024)
Rural Utilities Service
89 FR 41299 Rule: “Removing Reference to SAM Managed Identifier (SAMMI)” (May 13, 2024)
U.S. HOUSE AGRICULTURE COMMITTEE:
H.R.8453 “To require the Secretary of Agriculture to publish a report on the fertilizer industry, and for other purposes.” Referred to the House Committee on Agriculture. (May 17, 2024)
H.R.8448 “To establish a pilot program to establish a pre-approval process for direct farm ownership loans made under subtitle A of the Consolidated Farm and Rural Development Act in order to streamline the application process and provide greater certainty to borrowers.” Referred to the House Committee on Agriculture. (May 17, 2024)
H.R.8447 “To direct the Secretary of Agriculture to establish centers of excellence for agricultural security research, extension, and education, and for other purposes.” Referred to the House Committee on Agriculture. (May 17, 2024)
H.R.8436 “To amend the Federal Crop Insurance Act to modify a provision relating to quality loss adjustment coverage.” Referred to the House Committee on Agriculture. (May 16, 2024)
H.R.8431 “To require the Secretary of Agriculture to provide regular updates to Livestock Indemnity Program payment rates to reflect market prices, and for other purposes.” Referred to the House Committee on Agriculture. (May 16, 2024)
H.R.8394 “To restrict the Chinese Government from accessing United States capital markets and exchanges if it fails to comply with international laws relating to finance, trade, and commerce.” Referred to the Committee on Financial Services, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. (May 14, 2024)
U.S. SENATE COMMITTEE ON AGRICULTURE, NUTRITION, AND FORESTRY:
S.4353 “A bill to amend the Federal Crop Insurance Act to modify a provision relating to quality loss adjustment coverage.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (May 16, 2024)
S.4346 “A bill to direct the Secretary of Agriculture to provide assistance in support of nurseries and seed orchards, to establish a grant program in support of nurseries and seed orchards, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (May 15, 2024)
S.4342 “A bill to amend the Consolidated Farm and Rural Development Act to reauthorize and expand the Rural Innovation Stronger Economy grant program.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (May 15, 2024)
STATE ACTIONS—EXECUTIVE & LEGISLATIVE
PENNSYLVANIA DEPARTMENT OF AGRICULTURE PRESS RELEASES
Pennsylvania Governor’s Invasive Species Council Celebrates Third Annual PA Native Species Day At Big Elk Creek State Park (May 16, 2024)
PENNSYLVANIA EXECUTIVE AGENCIES (Pa. Bulletin Vol. 54, No. 20—May 18, 2024):
Department of Conservation and Natural Resources
54 Pa.B. 2622 Notice: “Conservation and Natural Resources Advisory Council Public Meeting”
Department of Environmental Protection
54 Pa.B. 2694 Notice: “Request for Applications from Eligible Counties for Watershed Stormwater Management Plan Grants”
54 Pa.B. 2694 Notice: “Stream Redesignation Evaluations of Beaver Run, Bald Eagle Creek, Raystown Branch Juniata River, Sibbald Run, Stony Creek, Kettle Run, Haycock Creek, Fletcher Run; Water Quality Standards Review”
PENNSYLVANIA LEGISLATURE
SB 1167 “An Act amending Title 3 (Agriculture) of the Pennsylvania Consolidated Statutes, in food protection, providing for labeling of food products with gluten-containing grains.” Referred to Agriculture and Rural Affairs. (May 1, 2024)
HB 2286 “An Act amending the… Donated Food Limited Liability Act, further providing for donor immunity.” Referred to Agriculture and Rural Affairs. (May 14, 2024)
HB 2285 “An Act amending Title 53 (Municipalities Generally) of the Pennsylvania Consolidated Statutes, in municipal authorities, further providing for purposes and powers.” Referred to Agriculture and Rural Affairs. (May 14, 2024)
HB 2284 “An Act amending… The Second Class Township Code, in storm water management plans and facilities, further providing for fees.” Referred to Agriculture and Rural Affairs. (May 14, 2024)
Contributors:
Victoria Dutterer—Research Assistant
Samuel Sweeten—Research Assistant
Audry Thompson—Staff Attorney
