October 23, 2019
Agricultural Law Weekly Review – October 17, 2019
Dairy Policy: PA Milk Marketing Board Makes Bond Claim Against Trickling Springs Creamery
On October 9, 2019, the Pennsylvania Milk Marketing Board (Board) announced a claim against the milk dealer bond of Trickling Springs Creamery. Under the Pennsylvania Milk Producer’s Security Act, milk dealers must secure deposits “equal to one month’s purchases,” which are then used to compensate milk producers if the dealer is unable to provide payment. According to the announcement, on September 26, 2019, Trickling Springs informed producers of its termination and discontinuation of milk purchases, effective the following day, and disclosed its inability to pay its producers for milk received throughout September 2019 to the Board. According to the Board, auditors are still determining how much money is owed to the unpaid producers, and that once determined, it will distribute the bond amounts accordingly. As of the Board’s announcement, all producers affected by the Trickling Springs closure have secured alternate markets.
Pesticides: California EPA Announces Agreement to End the Use of Chlorpyrifos in California by 2020
On October 9, 2019, the California Environmental Protection Agency (CalEPA) issued a press release announcing an agreement to end most sales of the pesticide chlorpyrifos within California by 2020. Chlorpyrifos is a pesticide used to control weeds and protect crops against soil insect pests. In August 2018, the California Department of Pesticide Regulation (DPR) released a draft scientific review entitled “Evaluation of Chlorpyrifos as a Toxic Air Contaminant” suggesting that the pesticide should be listed as a toxic air contaminant. In light of this and other research, DPR announced its intention to cancel chlorpyrifos product registrations. The present agreement between CalEPA and Dow Agrosciences, the company behind the chlorpyrifos patent, will accelerate the chlorpyrifos ban. Dow Agrosciences and other companies will cease all sales of chlorpyrifos on February 6, 2020. After December 31, 2020, the possession and use of chlorpyrifos by individual growers will be prohibited. In the meantime, the use of chlorpyrifos will be subject to thorough control and restrictions.
Technology: Study Examines the Impact of Inadequate Rural Broadband Connectivity
On October 9, 2019, the United Soybean Board released a new study on rural broadband access for U.S. farmers. The study is entitled Rural Broadband and the American Farmer and the data is based on surveys from over 2,000 agricultural operators. Survey respondents expressed a need for improved internet connectivity in order to access data, maps, or internet solutions from the field. According to the study, 60% of farmers say they do not have sufficient internet access to effectively run their business. One third of farmers stated that lack of internet accessibility had an impact on their farm equipment purchases. Survey respondents also indicated that they are prevented from obtaining quality data to improve sustainability practices, including soil and water management.
From National Ag Law Experts:
Ben Lilliston & Susan R. Holmberg, Digging into the Farm Debate: Reviving New Deal Supply Management for the 21st Century (October 10, 2019)
Brigit Rollins, On Pause: Roundup Case in Missouri Gets Postponed (October 9, 2019)
Federal Executive Agencies—Actions and Notices:
Agricultural Marketing Service
“Cotton Board Rules and Regulations: Adjusting Supplemental Assessment on Imports (2019 Amendments)” Rule (October 15, 2019)
“Fruit Crops; Notice of Request for Extension and Revision of a Currently Approved Information Collection,” Notice (October 9, 2019)
Agricultural Research Service
“Notice of Intent to Grant Exclusive License,” Notice (October 10, 2019)
Animal and Plant Health Inspection Service
“Changes to the National Poultry Improvement Plan Program Standards,” Notice (October 11, 2019)
Environmental Protection Agency
“Significant New Use Rules on Certain Chemical Substances,” Rule (October 15, 2019)
“Indaziflam; Pesticide Tolerances,” Rule, (October 10, 2019)
“Significant New Use Rules on Certain Chemical Substances; Technical Correction,” Rule (October 10, 2019)
Federal Communications Commission
“Promoting Telehealth in Rural America,” Rule (October 11, 2019)
Federal Emergency Management Agency
“Suspension of Community Eligibility,” Rule (October 10, 2019)
International Trade Commission
“Fresh Tomatoes From Mexico; Suspension of Anti-Dumping Investigation,” Notice (October 10, 2019)
Rural Business-Cooperative Service
“Notice of Solicitation of Applications for the Biorefinery, Renewable Chemical, and Biobased Product Manufacturing Assistance Program,” Notice, (October 15, 2019)
Rural Housing Service
“Section 538 Guaranteed Rural Rental Housing Program Notice of Funding Availability Elimination,” Rule, (October 15, 2019)
Susquehanna River Basin Commission
“Grandfathering (GF) Registration Notice” Notice (October 15, 2019)
“Projects Approved for Consumptive Uses of Water,” Notice (October 15, 2019)
House Agriculture Committee Actions:
H.R.4642 “To allow Rural Utilities Service telecommunications grants to be made for the collection of broadband infrastructure data by local governments, economic development or other community organizations, electric or telephone cooperatives, and small internet providers,” Referred to Committee on Agriculture (October 11, 2019)
H.Res.623 “Recognizing and honoring National Mushroom Day and the contributions of Chester and Berks Counties to the national mushroom industry,” Referred to Subcommittee on Biotechnology, Horticulture, and Research (October 11, 2019)
H.Con.Res.66 “Urging all nations to outlaw the dog and cat meat trade and to enforce existing laws against such trade,” Referred to Subcommittee on Livestock and Foreign Agriculture (October 11, 2019)
H.R.4476 “Financial Transparency Act of 2019,” Referred to Subcommittee on Commodity Exchanges, Energy, and Credit (October 11, 2019)
H.R.4496 “Wildfires and Hurricanes Indemnity Program Extension Act of 2019,” Referred to Subcommittee on General Farm Commodities and Risk Management (October 11, 2019)
H.R.4521 “Fair Sugar Policy Act of 2019,”Referred to the Subcommittee on General Farm Commodities and Risk Management (October 11, 2019)
H.R.4535 “Commodity Futures Trading Commission Research and Development Modernization Act,” Referred to the Subcommittee on Commodity Exchanges, Energy, and Credit (October 11, 2019)
H.R.4541 “To establish a grant program to provide certain eligible entities engaged in food recovery with grants to support certain costs,” Referred to the Subcommittee on Nutrition, Oversight, and Department Operations (October 11, 2019)
Senate Agriculture, Nutrition, And Forestry Committee Actions:
S.2568 “A bill to reform the Federal sugar program, and for other purposes,” Referred to the Committee on Agriculture, Nutrition, and Forestry (September 26, 2019)
Pennsylvania Executive Agencies—Actions and Notices:
Department of Agriculture
“Controlled Plant and Noxious Weed Committee Meeting” (October 12, 2019)
Department of Environmental Protection
“Agricultural Advisory Board Meeting Rescheduled and Change of Location” (October 12, 2019)
“Stream Evaluation of Bacon Run, Glade Run, Bell Run, Meadow Run and Unnamed Tributaries to Dunkard Creek (Greene County); Water Quality Standards Review” (October 12, 2019)
“West Nile Virus County Grants; Notice of Availability” (October 12, 2019)
Susquehanna River Basin Commission
“Public Hearing” (October 12, 2019)
Pennsylvania Department Of Agriculture:
“Northumberland County Tree Farm Provides White House Christmas Tree” (October 15, 2019)
“2020 PA Farm Show Asks Pennsylvanians, ‘Oh, Say, Can You Sing?’” (October 14, 2019)
“Agriculture Secretary Highlights Importance of PA Dairy Investment Program During Visit to Philabundance Producer Farms” (October 14, 2019)
“Wolf Administration Announced $500,000 Available for Ag and Youth Education Programs at Cumberland Valley High School FFA Showcase” (October 11, 2019)
“Pennsylvania Safeguards 27 Farms in 15 Counties for Permanent Ag Production” (October 10, 2019)
Penn State Research:
Walt Mills, Scientists have first 3D view of life’s processes in liquid (October 11, 2019)
A’ndrea Elyse Messer, Costs of natural disasters are increasing at the high end (October 7, 2019)
Follow us on Twitter at PSU Ag & Shale Law (@AgShaleLaw) to receive AgLaw HotLinks:
“7 Points From Rural Broadband Study” (October 14, 2019)
“The Sustainability Bandwagon is Picking Up Speed and More Supporters” (October 13, 2019)
“Thousands Urge USDA to Act on GIPSA Rule” (October 11, 2019)
“Eating Out, Mindfulness and Plant-Based Trends Will Dominate Industry, Whitepaper Reveals” (October 10, 2019)
“Kansas Beef Council Under Fire” (October 10, 2019)
“60% of Farmers Say They Don’t Have Good Enough Internet to Run Their Business” (October 10, 2019)
“The Food Industry Looks to Turn Garbage into Gold” (October 9, 2019)
“Wolf Administration’s Food Security Summit Brings Partners Together” (October 9, 2019)
“U.S. Farms Face Long-Term Losses From Trump Trade War, Consultant Warns” (October 9, 2019)
“Fight Over State ‘Fake Meat’ Labeling Laws Continues” (October 8, 2019)
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Written by:
Jackie Schweichler—Staff Attorney
Chloe Marie – Research Specialist
Audry Thompson—Research Assistant
