April 29, 2024

Agricultural Law Weekly Review—April 29, 2024

New Podcast Episodes:

 Avian Influenza: USDA Issues Order Requiring Testing, Reporting for Interstate Dairy Cattle Movement  🌾
On April 24, 2024, the U.S. Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) issued an order requiring mandatory testing and reporting for the highly pathogenic avian influenza (HPAI) H5N1 virus in dairy cows prior to the interstate movement of dairy cattle. Also announced by USDA, the order lists the following requirements, effective April 29, 2024:

  • “Prior to interstate movement, dairy cattle are required to receive a negative test for Influenza A virus at an approved National Animal Health Laboratory Network (NAHLN) laboratory.”
  • “Owners of herds in which dairy cattle test positive for interstate movement will be required to provide epidemiological information, including animal movement tracing.”
  • “Dairy cattle moving interstate must adhere to conditions specified by APHIS.”
  • “Laboratories and state veterinarians must report positive Influenza A nucleic acid detection diagnostic results (e.g. PCR or genetic sequencing) [and positive Influenza A serology diagnostic results] in livestock to USDA APHIS.”

Additionally, APHIS published guidance and recommendations for stakeholders and continues to update its Highly Pathogenic Avian Influenza (HPAI) Detections in Livestock webpage, which includes a database of confirmed HPAI cases in livestock. According to the order, “APHIS will provide reimbursement for testing at NAHLN labs, including samples submitted for (1) dairy cattle suspected of disease due to clinical signs, (2) pre-movement testing, (3) producers interested in the disease status of their asymptomatic animals, and (4) samples taken from other animals on dairies associated with this disease event.” Additionally, the order states that “[s]hould th[e] Order be deemed a substantive rule, APHIS has determined that good cause exists to impose these requirements without notice and comment, as further delay would threaten to hasten the spread of the disease.”

Avian Influenza: New York Issues Temporary Prohibition on Import of HPAI-Affected Dairy Cattle
On April 22, 2024, New York State Department of Agriculture and Markets today announced a temporary prohibition on the import of dairy cattle from establishments with confirmed cases of Highly Pathogenic Avian Influenza (HPAI). According to the announcement, “dairy cattle imported from affected states must be accompanied by a Certificate of Veterinary Inspection (CVI) issued within 10 days prior to entry into the state; and CVIs issued for dairy cattle from affected states must include the statement: “All animals identified on the Certificate of Veterinary (CVI) have been examined and do not originate from a premises with a confirmed detection of Highly Pathogenic Avian Influenza, or that is currently under investigation as a suspect premises.”

Biofuels: EPA Issues 20-Day Temporary E15 Waiver, Effective Until May 20, 2024
On April 19, 2024, the Environmental Protection Agency (EPA) issued via letter a 20-day temporary waiver allowing sales of E15 gasoline, effective at terminals beginning May 1, 2024, in areas that “currently have the 1 psi [Reid Vapor Pressure (RVP)] waiver for E10.” Also announced by EPA, the waiver states that, “[a]bsent th[e] action, retailers that currently sell E15 . . . would need to stop selling the fuel and instead only sell E10 . . . . This switch, from E15 to E10, would increase the demand for petroleum-based gasoline at the very time that the agency has concluded that a fuel supply issue persists due to the ongoing war in Ukraine and conflict in the Middle East.” EPA states that it “does not expect any impact on air quality” from the waiver “[b]ecause the RVP of E10 and E15 gasoline used by consumers will be the same” and that the agency’s “research has shown no significant impact on evaporative emissions when the 1-psi waiver is extended to E15.” EPA states that it “will continue to monitor the supply with industry and federal partners, and . . . expects to issue new waivers . . . until such time as the extreme and unusual fuel supply circumstances due to the ongoing war in Ukraine and conflict in the Middle East are no longer present.”

_________________________________________________

aglaw.psu.edu | Facebook | Twitter@AgShaleLaw | YouTube | LinkedIn

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:

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:

Succession Planning for Forest Landowners

  • May 4, 2024, 9:30am–3:00pm. Brook Duer Presents with Penn State Extension, in-person at Penn State Extension Dauphin County.

Publications:

Anaerobic Digestion: An Alternative Energy Source for Farmers (Dec. 2023).

Specialty Crop Producers’ Guide to Understanding Liability Protection, Regulatory Processes, & Other Legal Risks (Nov. 2023)

More Center Publications.

Resources of Interest:

Nat’l Agric. Law Ctr., Federal Bills Propose Changes to the H-2A Program, Samatha Capaldo (Apr. 18, 2024)

Tex. A&M Agric. Law Blog, Ag Law in the Field Podcast Episodes 161-170, Tiffany Dowell Lashmet (Apr. 16, 2024)

Ohio St. Univ. Ext. Farm Off. Blog, Ohio Legislative Roundup, Ellen Essman (Apr. 16, 2024)

Agric. Law & Tax’n Blog, Rights of Co-Tenants (and Adverse Possession of Minerals), Roger McEowen (Apr. 14, 2024)

________________________________________________________

FEDERAL ACTIONS—EXECUTIVE & LEGISLATIVE

U.S DEPARTMENT OF AGRICULTURE (USDA) PRESS RELEASES

USDA, USAID Deploy $1 Billion for Emergency Food Assistance (Apr. 18, 2024)

USDA Partners With Reinvestment Fund to Increase Equitable Access to Healthy Foods Across Country (Apr. 17, 2024)

ENVIRONMENTAL PROTECTION AGENCY (EPA) PRESS RELEASES

Biden-Harris Administration Finalizes Critical Rule to Clean up PFAS Contamination to Protect Public Health (Apr. 19, 2024)

EPA Issues Emergency Fuel Waiver for E-15 Sales (Apr. 19, 2024)

USDA AGENCY PRESS RELEASES:

Agricultural Marketing Service (AMS)

USDA Partners with Vermont to Award Over $2 Million to Strengthen Food Supply Chain Infrastructure (Apr. 17, 2024)

USDA Partners with Puerto Rico to Award Over $3.5 Million to Strengthen Food Supply Chain Infrastructure (Apr. 15, 2024)

USDA Partners with North Carolina to Award Over $6.2 Million to Strengthen Food Supply Chain Infrastructure (Apr. 15, 2024)

Food and Nutrition Service (FNS)

FNS Issues Proposed Rule: SNAP Purpose and Work Requirement Provisions of the Fiscal Responsibility Act of 2023 (Apr. 19, 2024)

Strengthening SNAP: Grant Opportunity for States and Partners (Apr. 19, 2024)

Foreign Agriculture Service (FAS)

USDA, USAID Deploy $1 Billion for Emergency Food Assistance (Apr. 18, 2024)

Natural Resources Conservation Service (NRCS)

USDA Beginning Farmer and Rancher Veterans Webinar Series (Apr. 19, 2024)

NRCS Announces Second EQIP & RCPP Signup for 2024 Funding (Apr. 16, 2024)

NRCS Issues Call for Proposals for NewEQIP-WaterSMART Initiative Priority Areas (Apr. 16, 2024)

FEDERAL EXECUTIVE AGENCIES (Federal Register Apr. 15-19, 2024):   

Agricultural Marketing Service

89 FR 28682 Proposed Rule—Comment Period: “Tart Cherries Grown in the States of Michigan, et al.; Free and Restricted Percentages for the 2023-24 Crop Year” (Apr. 19, 2024)

Environmental Protection Agency

89 FR 28769 Notice: “Pesticide Registration Review; Draft Human Health and Ecological Risk Assessments for Formaldehyde and Paraformaldehyde; Notice of Availability” (Apr. 19, 2024)

89 FR 26879 Notice: “Interim PFAS Destruction and Disposal Guidance; Notice of Availability for Public Comment” (Apr. 16, 2024)

Farm Service Agency

89 FR 26856 Notice—Comment Period: “Information Collection Request; Representation for CCC and FSA Loans and Authorization To File a Financing Statement” (Apr. 16, 2024)

Food and Nutrition Service

89 FR 28572 Rule—Comment Period: “Establishing the Summer EBT Program and Rural Non-Congregate Option in the Summer Meal Programs” (Apr. 19, 2024)

89 FR 28488 Rule: “Special Supplemental Nutrition Program for Women, Infants, and Children (WIC): Revisions in the WIC Food Packages” (Apr. 18, 2024)

Forest Service

89 FR 28716 Notice: “Notice of Issuance of Final Permanent Prairie Dog Hunting Order in the Wall Ranger District of the Buffalo Gap National Grassland” (Apr. 19, 2024)

89 FR 26184 Notice—Comment Period: “Notice of Intent To Prepare an Environmental Impact Statement for the Proposed Skyline Mine Little Eccles Lease by Application in Emery County and Flat Canyon Lease Modification in Sanpete County, Utah” (Apr. 16, 2024)

U.S. HOUSE AGRICULTURE COMMITTEE:

H.R.8092 “To require the Administrator of the Environmental Protection Agency to carry out certain activities to protect communities from the harmful effects of plastics, and for other purposes.” Referred to the Committee on Energy and Commerce, and in addition to the Committees on Transportation and Infrastructure, Agriculture, and Foreign Affairs. (Apr. 19, 2024)

H.R.8055 “To amend the Federal Crop Insurance Act to establish a minimum rate of reimbursement for administrative and operating expenses with respect to crop insurance contracts covering specialty crops and to restore the annual inflation adjustment with respect to the general reimbursement rate for administrative and operating expenses.” Referred to the House Committee on Agriculture. (Apr. 17, 2024)

H.R.7408 “America’s Wildlife Habitat Conservation Act” Ordered to be Reported in the Nature of a Substitute. (Apr. 16, 2024)

H.R.6011 “ROWATA Act” Read twice and referred to the Committee on Energy and Natural Resources. (Apr. 15, 2024)

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

S.4193 “A bill to amend the Food Security Act of 1985 to improve wildlife habitat connectivity and wildlife migration corridors, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Apr. 18, 2024)

S.4188 “A bill to amend the Commodity Exchange Act to prohibit trading of water and water rights for future delivery, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Apr. 18, 2024)

S.4182 “A bill to authorize appropriations for certain agricultural research of the Department of Agriculture, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Apr. 18, 2024)

S.4170 “A bill to amend the Agricultural Act of 2014 to modify provisions relating to base acres, loan rates, and textile mills, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Apr. 18, 2024)

S.4168 “A bill to amend the Specialty Crops Competitiveness Act of 2004 to extend and enhance the specialty crop block grants program, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Apr. 18, 2024)

STATE ACTIONS—EXECUTIVE & LEGISLATIVE 

Shapiro Administration Honors 22 Projects Statewide with 2024 Governor’s Awards for Environmental Excellence (Apr. 15, 2024)

PENNSYLVANIA EXECUTIVE AGENCIES (Pa. Bulletin Vol. 54, No. 16—Apr. 20, 2024): 

Department of Agriculture

54 Pa.B. 2096 Notice: “Interstate and International Quarantine Order; Restriction of Movement and Pre-Movement Influenza Testing of Dairy Cattle”

54 Pa.B. 2097 Notice: “Interstate Quarantine Order; Virus Control for Highly Pathogenic Avian Influenza for Live Bird Market and Breaker Eggs”

54 Pa.B. 2098 Notice: “Temporary Order Designating Dangerous Transmissible Diseases”

Department of Environmental Protection

54 Pa.B. 2101 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”

54 Pa.B. 2172 Notice: “Interstate Pollution Transport Reduction; Final 2024 Ozone Season Nitrogen Oxide Emission Limits for Nonelectric Generating Units”

Fish and Boat Commission

54 Pa.B. 2191 Notice: “Temporary Change to Fishing Regulations; 58 Pa. Code § 61.2. Delaware River, West Branch Delaware River and Estuary”

Susquehanna River Basin Commission

54 Pa.B. 2206 Notice: “Projects Approved for Consumptive Uses of Water”

PENNSYLVANIA LEGISLATURE

HB 2225 “An Act amending the act of June 30, 1987 (P.L.163, No.16), known as the Rural Pennsylvania Revitalization Act, establishing the Rural Population Revitalization Commission and providing for duties of the commission; and establishing the Rural Population Revitalization Fund.” Referred to AGRICULTURE AND RURAL AFFAIRS. (Apr. 17, 2024)

SB 979 “An Act amending Title 3 (Agriculture) of the Pennsylvania Consolidated Statutes, in domestic animals, providing for posted notice with information on dangerous transmissible diseases.” Third consideration and final passage. (Apr. 16, 2024)

HR 399 “A Resolution recognizing the week of May 12 through 18, 2024, as “Food Allergy Awareness Week” in Pennsylvania.” Referred to AGRICULTURE AND RURAL AFFAIRS. (Apr. 16, 2024)

 

Contributors:
Victoria Dutterer—Research Assistant
Lonzie Helms—Research Assistant
Esther Thomas—Research Assistant
Audry Thompson—Staff Attorney