April 7, 2023

Agricultural Law Weekly Review—April 10, 2023

Water Quality: Stay Granted in Litigation on Petition to Compel Revision of Clean Water Act CAFO Regulations 🌾
On April 3, 2023, the U.S. Court of Appeals for the Ninth Circuit entered an order staying a petition for writ of mandamus filed against the U.S. Environmental Protection Agency (EPA) by several environmental groups, pursuant to a joint stipulation filed by the parties in the case of Food & Water Watch, et al v. USEPA, No. 22-70226. According to the terms of the stay, EPA must respond by August 15, 2023 to a 2017 petition asking the agency to revise the Clean Water Act regulations for concentrated animal feeding operations (CAFOs). The parties are to file a joint status report by August 22, 2023. For background, see ALWR—Oct. 14, 2022, “Writ of Mandamus Sought to Compel Stricter Clean Water Act CAFO Regulations.”

WOTUS: Joint Resolution to Overturn the WOTUS Final Rule Vetoed
On March 29, 2023, the U.S. Senate passed H.J. Res. 27, a joint resolution of disapproval, under the Congressional Review Act (CRA) to overturn the Executive Branch’s Revised Definition of “Waters of the United States” (WOTUS) Final Rule. This joint resolution passed the U.S. Senate on March 29, 2023, by a vote of 53-43 and the U.S. House on March 9, 2023, by a vote of 227-198, neither sufficient to override a presidential veto. As expected, on April 6, 2023, President Biden vetoed the resolution, which terminates Congressional ability under the CRA to invalidate the latest duly-promulgated regulatory definition of WOTUS.

WOTUS: District Court Dismisses Kentucky WOTUS Challenge for Lack of Standing
On March 31, 2023, the U.S. District Court for the Eastern District of Kentucky entered an opinion and order denying without prejudice a preliminary injunction request in litigation commenced via complaint by the State of Kentucky and several business groups seeking to invalidate the U.S. Environmental Protection Agency’s (EPA) January 2023 WOTUS Final Rule in Commonwealth of Kentucky v. United States Environmental Protection Agency, No. 3:23-cv-00007. The court determined that neither Kentucky nor the business groups have standing to challenge the rule. According to the order, because EPA has yet to enforce the rule, there is no “certainly impending injury” that would support the petitioner’s standing to challenge the rule.

WOTUS: Intervenors Join North Dakota WOTUS Legal Challenge
On March 22, 2023, the U.S. District Court for the District of North Dakota issued an order granting a motion to intervene, filed on February 22, 2023, by the American Farm Bureau Federation and seventeen other trade group associations in a case challenging the U.S. Environmental Protection Agency’s (EPA) January 2023 WOTUS Final Rule in West Virginia v. U.S. EPA, No. 3:23-cv-00032. Intervenors are as follows: American Farm Bureau Federation; American Petroleum Institute; American Road and Transportation Builders Association; Associated General Contractors of America; Cass County Farm Bureau; Leading Builders of America; National Apartment Association; National Association of Home Builders of the United States; National Association of REALTORS; National Cattlemen’s Beef Association; National Corn Growers Association; National Mining Association; National Multifamily Housing Council; National Pork Producers Council; National Stone, Sand, and Gravel Association; North Dakota Farm Bureau; Public Lands Council; and U.S. Poultry & Egg Association.

Dairy Policy: IDFA Files Petition to Amend Federal Milk Marketing Orders
On March 28, 2023, the International Dairy Foods Association (IDFA) sent a petition to the U.S. Department of Agriculture’s (USDA) Agricultural Marketing Service (AMS) requesting that USDA initiate a proceeding to amend all current Federal Milk Marketing Orders (FMMOs). According to the IDFA’s petition, the Wisconsin Cheese Makers Association also filed a similar request with USDA. IDFA’s petition contrasts with the National Milk Producers Federation (NMPF) position on FMMO reform, and on April 5, 2023, American Farm Bureau Federation sent a letter to USDA Secretary Tom Vilsack supporting NMPF’s position and advising USDA to reject IDFA’s petition. Under 7 CFR 900.22, USDA has 30 days to respond to IDFA’s petition.

Pesticides/Herbicides: Bayer Sues Missouri Farmers for Improper Product Use
On January 25, 2023, Bayer CropScience, a division of Bayer AG, filed six separate complaints in the U.S. District Court for the Eastern District of Missouri against farmers alleging that they saved and replanted seeds containing the company’s Roundup Ready 2 Xtend technology and illegally sprayed dicamba formulations not approved for over-the-top (OTT) use after the June 30th cutoff date set by the Environmental Protection Agency and the State of Missouri. Bayer CropScience LP v. Irions, No. 4:23-cv-00083; Bayer CropScience LP et al v. Hodel, No. 4:23-cv-00084; Bayer CropScience LP et al v. Duffy, No. 4:23-cv-00085; Bayer CropScience LP et al v. Duffy, No. 4:23-cv-00086; Bayer CropScience LP et al v. Glass, No. 4:23-cv-00087; Bayer CropScience LP v. Pierce, No. 4:23-cv-00088. In the complaints, Bayer alleges that the defendants replanted saved glyphosate and dicamba-tolerant seeds in violation of Bayer’s patent rights and breached the terms of the contracts and technology stewardship agreements signed by each defendant. Bayer seeks damages for violations of its patent rights and breach of contract as well as a permanent injunction preventing any future saving and replanting of seeds containing patented technology.

Food Labeling: Perdue Foods Petitions FDA Over ‘Pasture-Raised’ and ‘Free Range’ Distinction
On March 16, 2023, Perdue Farms submitted a petition to the U.S. Department of Agriculture (USDA) Food Safety and Inspection Service (FSIS) seeking the removal of the term “pasture-raised” as a term synonymous with “free range” in its administration of the Poultry Products Inspection Act (PPIA). Perdue claims that the terms “pasture-raised” and “free range” are not synonymous and asks FSIS to update their compliance guidance to reflect the difference between the two terms. FSIS acknowledged receipt and transmission of the petition to the Office of Policy and Program Development for review.

Pesticides/Herbicides: USDA Publishes Unofficial Translation of Mexico Glyphosate Import Quota
On March 28, 2023, the U.S. Department of Agriculture’s (USDA) Foreign Agricultural Service (FAS) published a report titled, “Government of Mexico Announces 2023 Quota for Glyphosate Imports,” which includes an unofficial translation of the announcement from Mexico’s Federal Commission for the Protection against Sanitary Risks (COFEPRIS) on March 19, 2023. According to the report, Mexico’s 2023 import quota is 4,131 tons of formulated glyphosate and 314 tons of technical glyphosate to be “distributed equitably among importing companies” with “history as an importer of [glyphosate] during the three last years.” For background, see ALWR—Nov. 25, 2022, “USDA Secretary Releases Statement on U.S.-Mexico Corn Trade After Meeting with Mexican President.”

Crop Insurance: USDA Expands Margin Protection for Corn and Soybean Farmers
On March 30, 2023, the U.S. Department of Agriculture (USDA) announced it is expanding its Margin Protection insurance plan to, among other things, add one thousand additional counties to the insurance option providing coverage for any unexpected decrease in operating margin for corn and soybean producers. This expanded coverage will be available by June 30, 2023, and interested producers must purchase coverage by September 30, 2023, to be eligible for the 2024 crop year.

Food Policy: FDA Releases Pre-Publication of Proposed Rule on Salt Substitutes
On March 24, 2023, the Food and Drug Administration (FDA) announced a pre-publication of a Proposed Rule titled Use of Salt Substitutes to Reduce the Sodium Content in Standardized Foods which is soon to be published in the Federal Register. This proposed rule would amend standard of identity (SOI) regulations allowing salt substitutes to be used in standardized foods.

Agricultural Finance: USDA Announces $123 Million for At-Risk Farm Loan Borrowers
On March 27, 2023, the U.S. Department of Agriculture (USDA) announced that the agency will grant $123 million in financial assistance to at-risk Farm Loan Program (FLP) borrowers. According to the announcement, eligible borrowers will receive a letter with details regarding the assistance, which USDA will provide automatically. The additional funding is provided through the Inflation Reduction Act.

Agricultural Finance: USDA Announces $1 Billion for Rural Renewable, Efficient Energy
On March 31, 2023, the U.S. Department of Agriculture’s (USDA) Rural Business-Cooperative Service published a notice in the Federal Register announcing the availability of $1.055 billion in Inflation Reduction Act funding for grants through the Rural Energy for America Program (REAP). Also announced by USDA, REAP will provide grants up to $500,000 for “energy efficiency” projects and grants up to $1 million for renewable energy projects. The REAP grant application period opens April 1, 2023.

Right to Farm Laws: Missouri Supreme Court Holds State Law Overrules County CAFO Ordinance
On March 21, 2023, the Supreme Court of Missouri issued an opinion holding that neither state laws SB 391, passed in 2019, nor HB 271, passed in 2021, violate the Right-to-Farm amendment of the Missouri state constitution. Cedar County Commission, et al. v. Governor Michael Parson, et al., No. SC99488. Both laws prohibited counties from enacting laws regulating agricultural operations “inconsistent with” state law. In 2016, the Cedar County Commission enacted an ordinance regulating concentrated animal feeding operations (CAFOs) and the court found that under the Missouri state constitution county commissions “have no inherent powers but are confined to those expressly delegated by the sovereign.” The court also determined that “all ordinances then in effect or thereafter” the laws’ enactments are subject to the laws’ restrictions and upheld the lower court’s invalidation of the county ordinance.

Air Quality: North Carolina Administrative Law Judge Upholds General Permit for Methane Digestor Animal Waste Management Systems
On March 20, 2023, an administrative law judge in the state of North Carolina, County of New Hanover, issued a decision in favor of the North Carolina Department of Environmental Quality’s issuance of a general permit for methane digestor animal waste management operations. Opposition to the permit issuance was brought by environmental groups Environmental Justice Community Action Network and Cape Fear River Watch who alleged the project will cause increased air and water pollution. Methane digestor animal waste management systems were a focal point of North Carolina’s Clean Energy Plan.

Farmland Preservation: Georgia Senate Enacts a Purchase of Agricultural Conservation Easement (PACE) Program
On March 27, 2023, the Georgia General Assembly passed, and on April 5, 2023 sent to the Governor for signature, Senate Bill 220 which establishes the Georgia Farmland Conservation Fund, the Georgia Farmland Conservation Fund Program, and the Georgia Farmland Advisory Council. The Georgia Farmland Conservation Fund Program is essentially a Purchase of Agricultural Conservation Easement (PACE) program to protect existing farmlands. Twenty-nine states operate a PACE program, and the U.S. Department of Agriculture (USDA) typically contributes matching funds.

 

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CENTER PROGRAMS & RESOURCES

Events:

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. Next in the series:

  • April 28, 2023, noon–1 pm (ET): Understanding the Basics of Agricultural Conservation Easement Programs
  • May 19, 2023, noon–1 pm (ET): Understanding the Basics of Landowner Immunity Statutes
  • June 23, 2023, noon–1 pm (ET): Understanding the Basics of the Farm Credit System

Multi-District Antitrust Litigation in the Protein Sectors (Poultry, Pork and Beef). Free webinar presented in partnership with the National Agricultural Law Center.

  • May 17, 2023, noon – 1 pm (ET). Register.

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.

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.

  • April 18, 2023, noon–1 pm (ET). 1st Quarter of 2023—International Dairy Trade: Canada-U.S. USMCA Arbitration Round 2

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

Podcasts:

Resources of Interest:

Legislative Hearings:

U.S. Sen. Ag. Committee Hearings:

U.S. House Ag. Committee Hearings:

Pennsylvania State Senate & House 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

Biden-Harris Administration Announces Availability of $1 Billion to Help Farmers, Ranchers and Rural Businesses Invest in Renewable Energy Systems and Energy-Efficiency Improvements (Mar. 31, 2023).

Urban Producers, Public Invited to Attend April Meeting of Federal Advisory Committee for Urban Agriculture and Innovative Production (Mar. 30, 2023).

USDA Seeks Nominees to Advisory Committee on Minority Farmers (Mar. 28, 2023).

USDA Announces Additional Assistance for Distressed Farmers Facing Financial Risk (Mar. 27, 2023).

USDA Assists Farmers, Ranchers and Communities Affected by Tornado in Mississippi (Mar. 27, 2023).

ENVIRONMENTAL PROTECTION AGENCY (EPA) PRESS RELEASES

EPA and Justice Department File Complaint Against Norfolk Southern Railway Company for Unlawful Discharge of Pollutants and Hazardous Substances in East Palestine Derailment (Mar. 31, 2023).

USDA AGENCY PRESS RELEASES:

Agricultural Marketing Service (AMS)

USDA Takes Steps to Support Food Sovereignty with the Menominee Indian Tribe of Wisconsin (Mar. 30, 2023).

USDA Issues a Packers and Stockyards Complaint against Dan Colbert for Packers and Stockyards Act Violations (Mar. 29, 2023).

Agricultural Research Service (ARS)

USDA-ARS Joins WCR Global Coffee Breeding Network, Adds Access to New Germplasm (Mar. 28, 2023).

Don’t Pass on Those Veggies! Eating the Right Amount Can Improve Mental Health and Happiness (Mar. 27, 2023).

Animal and Plant Health Inspection Service (APHIS)

USDA Announces Phase VII of the Lacey Act Enforcement Schedule (Mar. 27, 2023).

Economic Research Service (ERS)

The Rural Food-Away-from-Home Landscape, 1990–2019 (Mar. 29, 2023).

Farm Service Agency (FSA)

USDA Announces 2023 Marketing Assistance Loan Rates for Wheat, Feed Grains, Oilseeds, Rice and Pulse Crops (Mar. 31, 2023).

USDA Announces Additional Assistance for Distressed Farmers Facing Financial Risk (Mar 27, 2023).

Food and Nutrition Service (FNS)

Harvesting Healthy Habits During National Nutrition Month (Mar. 31, 2023).

Food Safety and Inspection Service (FSIS)

Food Safety Do’s and Don’ts for Ramadan (Mar. 31, 2023).

Foreign Agricultural Service (FAS)

Japan’s New Biofuels Policy Allows for Increased Exports of U.S. Ethanol (Mar. 31, 2023).

Export Sale to China (Mar. 30, 2023).

Export Sales to China (Mar. 29, 2023).

Export Sales to China (Mar. 28, 2023).

Export Sales to Unknown Destinations (Mar. 27, 2023).

National Agricultural Statistics Service (NASS)

US farmers expect to plant more corn and soybean acreage (Mar. 31, 2023).

United States hog inventory up slightly (Mar. 30, 2023).

National Institute of Food and Agriculture (NIFA)

Increasing Fruit and Vegetable Intake in Cancer Patients (Mar. 31, 2023).

Scientists Across the Country Working to Create More Nutrient-Dense Diets (Mar. 29, 2023).

NIFA Supported Research Tackles Weedy Problem (Mar. 28, 2023).

Land-grant Universities Improve Local Food and Nutrition Security (Mar. 27, 2023).

FEDERAL EXECUTIVE AGENCIES (Federal Register Mar. 27–Mar. 31, 2022):           

Agricultural Marketing Service

88 FR 18076 Proposed Rule—Public Comment: “Redefining Bona Fide Cotton Spot Markets” (Mar. 27, 2023).

88 FR 18292 Notice—Public Comment: “Federal Seed Act Labeling and Enforcement; Request for an Extension and Revision of a Currently Approved Information Collection” (Mar. 28, 2023).

88 FR 18512 Notice: “2023 Rates for Grain Inspection Services Under the United States Grain Standards Act” (Mar. 29, 2023).

88 FR 19051 Notice—Public Comment: “Opportunities in 2023 for United States Grain Standards Act Designation in Jamestown, ND; Lincoln, Nebraska; Memphis, Tennessee; Topeka, KS; Cedar Rapids, IA; Minot, ND; Cincinnati, OH; Pocatello, ID; Evansville, IN; West Sacramento, CA and Richmond, VA; Intent To Certify Delegated Agencies Virginia Department of Agriculture and Consumer Services and Wisconsin Department of Agriculture” (Mar. 30, 2023).

88 FR 19229 Proposed Rule—Public Comment: “United States Standards for Soybeans” (Mar. 31, 2023).

88 FR 19238 Notice: “Advisory Committee on Universal Cotton Standards” (Mar. 31, 2023).

Agriculture

88 FR 18514 Notice: “Submission for OMB Review; Comment Request [Rural Housing Service:7 CFR 3550—Direct Single Family Housing Loan and Grant Program, HB-1-3550, HB-2-3550.]” (Mar. 29, 2023).

88 FR 19053 Notice: “Meeting Notice of the National Agricultural Research, Extension, Education, and Economics (NAREEE) Advisory Board, National Genetic Resources Advisory Council (NGRAC)” (Mar. 30, 2023).

Animal and Plant Health Inspection Service

88 FR 18077 Proposed Rule—Public Comment: “Importation of Fresh Beef From Paraguay” (Mar. 24, 2023).

88 FR 18110 Notice—Public Comment: “Notice of Request for Revision to and Extension of Approval of an Information Collection; Blood and Tissue Collection and Recordkeeping at Slaughtering, Rendering, and Approved Livestock Marketing Establishments and Facilities” (Mar. 24, 2023).

88 FR 18514 Notice—Public Comment: “Notice of Request for Extension of Approval of an Information Collection; Highly Pathogenic Avian Influenza, All Subtypes, and Newcastle Disease; Additional Restrictions (Pet, Performing, and Research Birds; Bird Carcasses)” (Mar. 29, 2023).

88 FR 19238 Notice—Public Comment: “Notice of Request for Extension of Approval of an Information Collection; Brucellosis and Bovine Tuberculosis: Importation of Cattle and Bison” (Mar. 31, 2023).

Environmental Protection Agency

88 FR 18428 Final Rule—Public Comment: “Fludioxonil; Pesticide Tolerances” (Mar. 29, 2023).

88 FR 18431 Final Rule—Public Comment: “Trinexapac-ethyl; Pesticide Tolerance” (Mar. 29, 2023).

88 FR 18543 Notice: “Product Cancellation Order for Certain Pesticide Registrations” (Mar. 29, 2023).

88 FR 19135 Notice: “Notice of Approval Status; Certifying Authorities’ Amended Plans for Certification of Commercial and Private Applicators of Restricted Use Pesticides; Batch Two” (Mar. 30, 2023).

Farm Credit Administration

88 FR 18098 Proposed Rule—Public Comment: “Federal Agricultural Mortgage Corporation Funding and Fiscal Affairs; Risk-Based Capital Requirements” (Mar. 27, 2023).

Food and Drug Administration

88 FR 18146 Notice—Public Comment: “Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Infant Formula Requirements” (Mar. 27, 2023).

88 FR 18149 Notice—Public Comment: “Questions and Answers About Dietary Guidance Statements in Food Labeling: Draft Guidance for Industry; Availability; Agency Information Collection Activities; Proposed Collection; Comment Request” (Mar. 27, 2023).

88 FR 18322 Notice: “Yogurt Products Deviating From Standard of Identity; Temporary Permit for Market Testing” (Mar. 28, 2023).

Food and Nutrition Service

88 FR 19053 Notice—Public Comment: “Agency Information Collection Activities: Renewing Burden Number 0584-0293” (Mar. 30, 2023).

88 FR 19055 Notice: “The Emergency Food Assistance Program; Availability of Foods for Fiscal Year 2023” (Mar. 30, 2023).

88 FR 19229 Proposed Rule—Public Comment: “Child Nutrition Programs: Revisions to Meal Patterns Consistent With the 2020 Dietary Guidelines for Americans” (Mar. 31, 2023).

Food Safety and Inspection Service

88 FR 18111 Notice—Public Comment: “National Advisory Committee on Microbiological Criteria for Foods; Solicit for Membership Nominations” (Mar. 27, 2023).

International Trade Administration

88 FR 18118 Notice: “Certain Preserved Mushrooms From Poland: Final Affirmative Determination of Sales at Less Than Fair Value” (Mar. 27, 2023).

88 FR 18120 Notice: “Certain Preserved Mushrooms From Spain: Final Affirmative Determination of Sales at Less Than Fair Value” (Mar. 27, 2023).

88 FR 18115 Notice: “Certain Preserved Mushrooms From the Netherlands: Final Affirmative Determination of Sales at Less Than Fair Value” (Mar. 27, 2023).

88 FR 18520 Notice: “Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Initiation of Antidumping Duty New Shipper Review” (Mar. 29, 2023).

International Trade Commission

88 FR 19324 Notice: “White Grape Juice Concentrate From Argentina” (Mar. 31, 2023).

Natural Resources Conservation Service

88 FR 18516 Notice—Public Comment: “Urban Agriculture and Innovative Production Advisory Committee Meeting” (Mar. 29, 2023).

Rural Business-Cooperative Service

88 FR 19239 Notice: “Notice of Solicitation of Applications for the Rural Energy for America Program for Fiscal Years 2023 and 2024” (Mar. 31, 2023).

U.S. HOUSE AGRICULTURE COMMITTEE:

H.R.2423 “To affirm that the Farm Credit Administration is the sole and independent regulator of the Farm Credit System.” Referred to the House Committee on Agriculture in addition to the Committee on Financial Services. (Mar. 30, 2023).

H.R.2420 “To direct the Secretary of Agriculture to review the Cattle Fever Tick Eradication Program, and for other purposes.” Referred to the House Committee on Agriculture. (Mar. 30, 2023).

H.R.2378 “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.” Sponsor introductory remarks on measure. (Mar. 30, 2023).

H.R.2241 “To provide for a limitation on availability of funds for US Department of Agriculture, Hazardous Materials Management for fiscal year 2024.” Referred to the Subcommittee on Railroads, Pipelines, and Hazardous Materials. (Mar. 30, 2023).

H.R.1 “Lower Energy Costs Act.” The Clerk was authorized to correct section numbers, punctuation, and cross references, and to make other necessary technical and conforming corrections in the engrossment of H.R. 1. (Mar. 30, 2023).

H.R.2386 “To amend the Farm Security and Rural Investment Act of 2002 to improve assistance to community wood facilities, and for other purposes.” Referred to the Committee on Agriculture, and in addition to the Committee on Energy and Commerce. (Mar. 29, 2023).

H.R.2385 “To amend the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to extend and permanently authorize the Agriculture Advanced Research and Development Authority, and for other purposes.” Referred to the House Committee on Agriculture. (Mar. 29, 2023).

H.R.2294 “To provide for a limitation on availability of funds for US Department of Agriculture, Food Assistance and Related Programs, Commodity Credit Corporation Export (Loans) Credit Guarantee Program Account for fiscal year 2024.” Referred to the House Committee on Agriculture. (Mar. 29, 2023).

H.R.2293 “To provide for a limitation on availability of funds for US Department of Agriculture, Foreign Assistance and Related Programs, McGovern-Dole International Food for Education and Child Nutrition Program Grants for fiscal year 2024.” Referred to the Committee on Agriculture, and in addition to the Committee on Foreign Affairs. (Mar. 29, 2023).

H.R.2291 “To provide for a limitation on availability of funds for US Department of Agriculture, Foreign Assistance and Related Programs, Foreign Agricultural Service, Salaries and Expenses for fiscal year 2024.” Referred to the Committee on Agriculture, and in addition to the Committee on Foreign Affairs. (Mar. 29, 2023).

H.R.2290 “To provide for a limitation on availability of funds for US Department of Agriculture, Foreign Assistance and Related Programs, Office of Codex Alimentarius for fiscal year 2024.” Referred to the Committee on Agriculture, and in addition to the Committee on Foreign Affairs. (Mar. 29, 2023).

H.R.2289 “To provide for a limitation on availability of funds for US Department of Agriculture, Foreign Assistance and Related Programs, Office of the Under Secretary for Trade and Foreign Agricultural Affairs for fiscal year 2024.” Referred to the Committee on Agriculture, and in addition to the Committee on Foreign Affairs. (Mar. 29, 2023).

H.R.2288 “To provide for a limitation on availability of funds for US Department of Agriculture, Food and Nutrition Service, Nutrition Programs Administration for fiscal year 2024.” Referred to the Committee on Agriculture, and in addition to the Committee on Education and the Workforce. (Mar. 29, 2023).

H.R.2287 “To provide for a limitation on availability of funds for US Department of Agriculture, Food and Nutrition Service, Commodity Assistance Program for fiscal year 2024.” Referred to the House Committee on Agriculture. (Mar. 29, 2023).

H.R.2286 “To provide for a limitation on availability of funds for US Department of Agriculture, Domestic Food Programs, Office of the Under Secretary for Food, Nutrition, and Consumer Services for fiscal year 2024.” Referred to the House Committee on Agriculture. (Mar. 29, 2023).

H.R.2285 “To provide for a limitation on availability of funds for US Department of Agriculture, Rural Utilities Service, Distance Learning, Telemedicine, and Broadband Program for fiscal year 2024.” Referred to the Committee on Agriculture, and in addition to the Committee on Energy and Commerce. (Mar. 29, 2023).

H.R.2284 “To provide for a limitation on availability of funds for US Department of Agriculture, Rural Utilities Service, Rural Electrification and Telecommunications Loans Program Account for fiscal year 2024.” Referred to the House Committee on Agriculture. (Mar. 29, 2023).

H.R.2283 “To provide for a limitation on availability of funds for US Department of Agriculture, Rural Utilities Service, Rural Water and Waste Disposal Program Account for fiscal year 2024.” Referred to the House Committee on Agriculture. (Mar. 29, 2023).

H.R.2282 “To provide for a limitation on availability of funds for US Department of Agriculture, Rural Business – Cooperative Service, Rural Energy for America Program for fiscal year 2024.” Referred to the House Committee on Agriculture. (Mar. 29, 2023).

See 68 more items of Committee Activity for the week of Mar. 24 to Mar. 31 here.

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

S.1164 “A bill to amend the Infrastructure 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.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Mar. 30, 2023).

S.1161 “A bill to amend the Food Security Act of 1985 to reauthorize the voluntary public access and habitat incentive program.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Mar. 30, 2023).

S.1079 “A bill to amend the Consolidated Farm and Rural Development Act to provide additional assistance to rural water, wastewater, and waste disposal systems, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Mar. 30, 2023).

S.1078 “A bill to require reforms to programs of the Natural Resources Conservation Service, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Mar. 30, 2023).

S.1066 “A bill to increase oversight of foreign direct investment in agricultural land in the United States, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Mar. 29, 2023).

S.1062 “A bill 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 for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Mar. 29, 2023).

S.1036 “A bill to amend the Food and Nutrition Act of 2008 to streamline nutrition access for older adults and adults with disabilities, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Mar. 29, 2023).

S.1023 “A bill 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.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Mar. 29, 2023).

S.1020 “A bill to require the Administrator of the Economic Research Service to conduct research on consolidation and concentration in the livestock industry, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Mar. 29, 2023).

S.1016 “A bill to address the impact of climate change on agriculture, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Mar. 28, 2023).

S.984 “A bill to amend the Child Nutrition Act of 1966 to permit video or telephone certifications under the special supplemental nutrition program for women, infants, and children, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Mar. 27, 2023).

S.980 “A bill to amend the Agricultural Marketing Act of 1946 to exempt industrial hemp from certain requirements under the hemp production program, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Mar. 27, 2023).

S.974 “A bill to amend the Child Nutrition Act of 1966 to require the Secretary of Agriculture to make publicly available information on infant formula procurement under the special supplemental nutrition program for women, infants, and children.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Mar. 27, 2023).

STATE ACTIONS—EXECUTIVE & LEGISLATIVE  

PENNSYLVANIA DEPARTMENT OF AGRICULTURE PRESS RELEASES:          

Shapiro Administration Begins Roll-Out Of Clean Streams Fund Program To Build Healthier Soil, Cleaner Water, Farm Viability (Mar. 31, 2023).

PENNSYLVANIA EXECUTIVE AGENCIES (Pa. Bulletin Vol. 53, No. 13—Apr. 1, 2023):

Department of Agriculture

53 Pa.B. 1809 Notice: “Farm-to-School Grant Program; 2023-2024 Program Guidelines.”

53 Pa.B. 1811 Notice: “Referendum Order on a Proposed Amendment to the Pennsylvania Potato Research Program.”

53 Pa.B. 1808 Notice: “The Emergency Food Assistance Program Reach and Resiliency Grant; 2022-2023 Application Period.”

Department of Environmental Protection

53 Pa.B. 1813 Notice: “Applications, Actions and Special Notices.”

53 Pa.B. 1868 Notice: “Growing Greener Plus Grants Program; Request for Applications.”

53 Pa.B. 1869 Notice: “Request for Applications for Watershed Planning and Restoration Grants through the Section 319 Nonpoint Source Management Program.”

Susquehanna River Basin Commission

53 Pa.B. 1899 Notice: “Actions Taken at March Meeting.”

53 Pa.B. 1900 Notice: “Projects Approved for Consumptive Uses of Water.”

PENNSYLVANIA LEGISLATURE

HB 767 “An Act amending Title 3 (Agriculture) of the Pennsylvania Consolidated Statutes, establishing the Pennsylvania Socially Diverse Farmers Commission and providing for its powers and duties.” Referred to Agricultural and Rural Affairs [House]. (Mar. 30, 2023).

 

Written by:
Dillon Lightfoot—Research Assistant
Megan Guess—Research Assistant
Brook Duer—Staff Attorney