December 22, 2023

Agricultural Law Weekly Review—December 22, 2023

Agribusiness: Beneficial Ownership Information Reporting Requirements Effective January 1, 2024 🌾
On January 1, 2024, the beneficial ownership information (BOI) reporting requirements (31 CFR § 1010.380) become effective for many companies and small entities as part of the Corporate Transparency Act, enacted within the Anti-Money Laundering Act of 2020 in the National Defense Authorization Act for Fiscal Year 2021, P.L. 116–283. The law requires that domestic and foreign reporting companies formed by “filing a document with a secretary of state or any similar office” report certain information about itself, its beneficial owners, and its applicants to the U.S. Treasury Financial Crimes Enforcement Network (FinCEN). Under the law, companies in existence before January 1, 2024, must file their initial BOI report by January 1, 2025. Companies created between January 1, 2024, and January 1, 2025, have 90 calendar days to report BOI, and companies created after January 1, 2025, must report BOI within 30 calendar days. For background and details on BOI reporting, see Kristine A. Tidgren, Small Entities Must File New Beneficial Ownership Information Reports in 2024, Iowa St. Univ. Ctr. Agric. Law & Tax’n (Nov. 30, 2023).

National Agricultural Policy: USDA Imposes Sanctions Under Perishable Agricultural Commodities Act
On December 12, 2023, the U.S. Department of Agriculture (USDA) announced that the agency had issued several sets of sanctions on nine produce businesses in Arizona, California, Florida, Texas, and New York for “failing to meet contractual obligations to the sellers of produce they purchased and failing to pay reparation awards under the Perishable Agricultural Commodities Act (PACA)” (Release Nos.: 134-23; 135-23; 136-23). Collectively, the nine businesses failed to pay more than $600,000 to producers. According to the press releases, the “sanctions include suspending the businesses’ PACA licenses and barring the principal operators of the businesses from engaging in PACA-licensed business or other activities without approval from USDA.”

Agribusiness: Temporary Restraining Order Granted Against Texas Meat Distributor for ‘Ponzi Payments’
On December 14, 2023, the U.S. District Court for the Northern District of Texas issued an order extending until January 9, 2024, its grant of a temporary restraining order (TRO) enjoining Agridime, LLC, and its owners from selling securities and freezing the company’s assets. Securities and Exchange Commission v. Agridime LLC, No. 4:23-cv-01224. In an announcement, the Securities and Exchange Commission (SEC) referred to the company’s operations as an “ongoing $191 million cattle Ponzi scheme” and, in its complaint, stated, “Agridime has used at least $58 million of investor funds—that Agridime represented would be used to purchase, feed, and process cattle—to pay returns to existing investors.” The SEC further alleges that Agridime, which has also “violated cease-and-desist orders issued . . . by Arizona and North Dakota” for the same activities, “failed to disclose” to investors that the company “used an additional $11 million to pay 10% commissions to salespeople, including [the] owners.” According to the order, a hearing on the TRO is scheduled for January 5, 2024.

Agricultural Labor: DOL Publishes 2024 H-2A Adverse Effect Wage Rates
On December 14, 2023, the U.S. Department of Labor (DOL) Employment and Training Administration published in the Federal Register two notices establishing the 2024 H-2A Adverse Effect Wage Rate (AEWR) for range (88 FR 86679) and non-range, field and livestock (88 FR 86677) occupations. For range occupations, the AEWR is $1,986.76 per month for all states and the non-range AEWR varies by state, ranging from $14.53 (Arkansas, Louisiana, and Mississippi) to $20.72 (District of Columbia), effective January 1, 2024. While the published non-range AEWRs are based on the U.S. Department of Agriculture’s (USDA) November 2023 Farm Labor Report, the notice states that, under the February 2023 final rule amending the AEWR methodology, DOL is also required to publish a Federal Register announcement “updat[ing] . . . non-range AEWRs based on data reported by the [Bureau of Labor Statistics Occupational Employment and Wage Statistics] survey, effective on or about July 1.” See also ALWR—Dec. 15, 2023, “USDA Publishes Farm Labor Report, Data for 2024 H-2A Adverse Effect Wage Rates.” For more on H-2A issues, see the Center’s H-2A Program Issue Tracker.

Agricultural Labor: Agricultural Employers’ Group Files Petition Seeking Repeal of 2023 H-2A Wage Rule, Litigation Pending
On December 12, 2023, the National Council of Agricultural Employers (NCAE) submitted a petition to U.S. Department of Labor (DOL) Acting Secretary Julie Su requesting that the agency either “amend or repeal” the DOL’s February 2023 final rule, which revised the calculation methodology for the H-2A Adverse Effect Wage Rate (AEWR). Currently, NCAE is also a named plaintiff seeking vacatur of the final rule in the U.S. District Court for the Middle District of Florida (Florida Growers Association v. Su, No. 8:23-cv-00889), along with two other cases pending in separate federal district courts. USA Farm Labor v. Su, No. 1:23-cv-00096 (W.D. N.C.); Teche Vermilion Sugar Cane Growers Association v. Su, No. 6:23-cv-00831 (W.D. La.). Additionally, after the U.S. District Court for the Western District of North Carolina denied a preliminary injunction against the rule in September 2023, the plaintiffs appealed to the U.S. Court of Appeals for the Fourth Circuit and, on December 4, 2023, filed their opening brief. USA Farm Labor v. Su, No. 23-2108. Previously, on November 15, 2023, the USA Farm Labor district court (W.D. N.C.) denied the plaintiffs’ motion to stay the district proceedings pending a decision from the Fourth Circuit. As such, the February 2023 rule remains effective, and all litigation remains pending. For background, see ALWR—Oct. 9, 2023, “Federal Court Denies Preliminary Injunction of February 2023 H-2A Wage Rule.” 

Food Labeling: FDA Announces Draft Guidance for Voluntary ‘Added Sugars’ Nutrition Facts Labeling
On December 14, 2023, the U.S. Food & Drug Administration (FDA) published in the Federal Register a proposed rule (88 FR 86613) making available draft guidance titled, “Menu Labeling: Supplemental Guidance for Industry (Edition 2).” FDA stated that this edition of the draft guidance answers “frequently asked questions regarding the menu labeling requirements.” Specifically, the draft guidance addresses “the voluntary declaration of ‘added sugars’” and the “voluntary use of the menu labeling requirements to help consumers make informed and healthful decisions when ordering their meals online using a third-party platform.” Comments will be accepted on the draft guidance until February 12, 2024.

Agricultural Labor: Washington’s 40-Hour Overtime Threshold for Ag Workers Effective January 1, 2024
On January 1, 2024, Washington’s SB 5172 establishes a 40-hour workweek as the threshold over which agricultural employees must receive overtime pay. Passed into law in 2021, the law phased in overtime requirements for agricultural workers, beginning with a 55-hour workweek in 2022 and a 48-hour workweek in 2023. Washington joins California and Colorado in establishing a 40-hour workweek overtime threshold for agricultural workers. See also materials from Understanding the Basics of the Fair Labor Standards Act.

Water Quality: North Carolina Appellate Court Upholds Permit Allowing Anaerobic Digestion
On December 5, 2023, the Court of Appeals of North Carolina issued an opinion upholding a permit issued by the state’s Department of Environmental Quality (DEQ) that allowed four Murphy-Brown hog “[f]arms to ‘construct and operate an anaerobic digestion animal waste treatment system” that “capture[d] methane and other biogases” to “produce renewable energy.’” Envtl. Just. Community Action Network v. N.C. DEQ, Div. Water Resources, No. COA22-1047. The plaintiff environmental groups argued, among other claims, that “DEQ failed to consider whether . . . Murphy Brown’s proposed systems were the least adverse system available,” as required under North Carolina law. The court found that DEQ’s permit issuance was lawful because the permits “fell within the alternate permitting process” listed in a separate section. The court noted that the same chapter “also explicitly avowed that DEQ ‘shall encourage the development of alternative and innovative animal waste management technologies,’ and ‘shall provide sufficient flexibility in the regulatory process to allow for the timely evaluation of alternative and innovative animal waste management technologies and shall encourage operators of animal waste management systems to participate in the evaluation of these technologies.’”

Dairy Policy: House Passes ‘Whole Milk for Healthy Kids Act’
On December 13, 2024, the U.S. House of Representatives passed H.R.1147, titled “Whole Milk for Healthy Kids Act of 2023.” If passed into law, the bill would allow whole milk to be served under the National School Lunch Act (42 U.S.C. 1758). The bill states that school lunches provided under the Act “shall offer students a variety of fluid milk” and “may offer students flavored and unflavored organic or non-organic whole, reduced-fat, low-fat and fat-free fluid milk and lactose-free fluid milk” (emphasis added). The bill stipulates that “[m]ilk fat included in any fluid milk . . . shall not be considered saturated fat for purposes of measuring compliance with the allowable average saturated fat content of a meal.” The bill also “prohibit[s] schools . . . from purchasing or offering milk produced by China state-owned enterprises.” The bill was received and read in the Senate on December 14, 2023, and read a second time and placed on the Senate Legislative Calendar on December 18, 2023.

Dairy Policy: PA Milk Marketing Board Issues Cost Replacement Orders for Areas No. 3, 5, 6
On December 6, 2024, the Pennsylvania Milk Marketing Board (PMMB) issued cost replacement orders for areas No. 3 (Northeastern PA), No. 5 (Western PA), and No. 6 (West Central PA). Under the new orders, the rate of return to retailers remains 2.7%, unchanged for all three areas from the July 2023 cost replacement orders (No. 3, No. 5, and No. 6). While the orders for areas No. 3 and No. 6 sustain the July 2023 rate of return for dealers at 3.4%, the Area No. 5 order increases the rate of return for dealers to 3.5%. All three orders become effective January 1, 2024.

Dairy Policy: PA Milk Marketing Board Sustains $1 Over-Order Premium Until June 2024
On December 13, 2023, the Pennsylvania Milk Marketing Board (PMMB) issued Official General Order A-1018, which sustains the $1.00 per hundredweight over-order premium (OOP) for all Class 1 milk “produced, processed, and sold in Pennsylvania,” effective January 1, 2024, through midnight, June 30, 2024. The order contains a dissent in opposition to the continued OOP that states, “While every Pennsylvania consumer pays the premium when they purchase fluid milk in Pennsylvania, every Pennsylvania dairy farmer does not receive a direct benefit from the premium.” The dissenter advocated for an OOP structure that would (1) “distribute over-order premium dollars uniformly among all Pennsylvania dairy farmers;” (2) “not charge consumers substantially more than what is paid to dairy farmers;” and (3) “not provide incentives by which payment of premium dollars can be avoided by moving milk across state lines.”

Pesticides/Herbicides: Ninth Circuit Vacates EPA’s Registration of Citrus Pesticide
On December 13, 2023, the U.S. Court of Appeals for the Ninth Circuit vacated the U.S. Environmental Protection Agency’s (EPA) “amended pesticide registrations of streptomycin sulfate for use in combating citrus diseases . . . and remanded to the agency to comply with its statutory obligations.” Migrant Clinicians Network v. USEPA, No. 21-70719. The court held that EPA did not satisfy the requirements of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Endangered Species Act (ESA) because “the EPA’s assessment of the amended registrations’ risk to pollinators . . . is incomplete—or, at the very least, inadequately explained.” The court “conclud[ed] that although substantial evidence supports the EPA’s determination that streptomycin is effective at treating HLB disease and citrus canker, the EPA failed to provide a sufficient explanation for the registration labels’ suggestion that streptomycin can be used to prevent either disease.”

Pesticides/Herbicides: Federal Court Dismisses Complaint Alleging Glyphosate ‘Degrades into Carcinogen’
On December 4, 2023, the U.S. District Court for the Northern District of California issued an order granting Monsanto’s (Bayer) motion to dismiss an amended class action complaint alleging that the company’s glyphosate-based herbicide, Roundup, degrades into the carcinogen N-Nitrosoglyphosate (NNG) when it “reacts with nitrites, which are prevalent in everyday environments such as city air, exhaust from cars, and water.” Koller v. Monsanto Company, No. 3:22-cv-04260. The court found that the plaintiffs “failed to sufficiently allege that the Products they purchased are substantially certain to form NNG” above unsafe levels, noting that the “plaintiffs have not accurately described the content of the study on which they rely.” The court dismissed the complaint without further leave to amend, stating that the “plaintiffs fail . . .to identify additional facts they could allege to state . . . a [cognizable] claim.” The plaintiffs’ initial class action complaint was dismissed with leave to amend in February 2023. For more on glyphosate issues, see the Center’s Glyphosate Issue Tracker.

Pesticides/Herbicides: Advocacy Groups Submit Petition Seeking Cancellation of Glyphosate Registrations
On December 13, 2023, the Center for Food Safety and several interest groups submitted a petition to the U.S. Environmental Protection Agency (EPA) seeking cancellation of all registrations of glyphosate. The petition cites EPA’s 2022 withdrawal of its glyphosate registration review decision after the vacatur issued by the U.S. Circuit Court for the Ninth Circuit and notes that the agency “has taken no further action.” The petition states, “The result is that today, glyphosate remains registered despite no demonstration by EPA that it can meet the required . . . safety standard for this herbicide’s currently approved uses.” The petition seeks, “[i]n the alternative,” that “EPA initiate special review to assess the human health impacts of glyphosate and its formulations, particularly from occupational uses, as well as their adverse environmental impacts and costs.” For background, see ALWR—June 24, 2022, “EPA’s 2020 Glyphosate Registration Review Decision Reversed and Remanded” and ALWR—Sept. 23, 2022, “EPA Withdraws 2020 Glyphosate Interim Decision, Will Re-Initiate Registration Review.”

Pesticides/Herbicides: Ninth Circuit Denies Sulfoxaflor Rehearing
On December 5, 2023, the U.S. Court of Appeals for the Ninth Circuit issued an order denying a petition for rehearing on the court’s December 2022 opinion to determine the timeline for the Environmental Protection Agency’s (EPA) required interagency consultation on the potential impacts of sulfoxaflor on endangered species. Center for Food Safety v. Michael Regan, No. 19-72109. EPA’s March 2023 biological evaluation, issued within six months of the December 2022 opinion, established the beginning of the consultation process. For background, see ALWR—Apr. 24, 2023, “Rehearing Requested to Determine Timeline for EPA Sulfoxaflor Endangered Species Consultation.”

 

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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:

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:

Protecting Your Farm’s Food Business with Product Liability Insurance

  • Feb. 9, 2024, 4:00pm (ET). Staff Attorney Brook Duer presents at PASA 2024 Sustainable Agriculture Conference

ACRE Law 101: Agriculture, Local Regulations, and Nutrient Management

  • Mar. 6, 2024, 9:00 am–1:00 pm. In-person at the US Hotel Tavern, Hollidaysburg, PA. Free PDH Engineering, Nutrient Management, and CLE credits available, lunch provided.

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

Podcasts:

Agricultural Law Podcast

254. Federal Appeals Court Vacates EPA’s 2022 Chlorpyrifos Ban and Orders Reconsideration of Food Tolerances/Uses (Dec. 21, 2023)

253. California’s Mandated Carcinogen Warning on Roundup Is Unconstitutional (Dec. 5, 2023)

252. U.S. Treasury’s New “Beneficial Ownership Information” Filing for Business Entity Structures Formed Under State Law (Nov. 28, 2023)

Farmland Legal Energy Podcast

160. Methane Production From Manure (Oct. 31, 2023)

159. An Introduction to Hydrogen and Agriculture (Oct. 10, 2023)

158. An Introduction to Anaerobic Digestion (Sept. 26, 2023)

Resources of Interest:

Nat’l Agric. Law Ctr., Recent Federal and State Legislation to Amend Child Labor Laws, Samantha Capaldo (Dec. 14, 2023)

Univ. Md. Risk Mgmt. Educ. Blog, The University of Maryland to Host Ag Law Program on January 16 in Cockeysville,

Paul Goeringer

Nat’l Agric. Law Ctr., Spotlighting State Restrictions on Foreign Land Investments: Louisiana – Part Two, Micah Brown (Dec. 12, 2023)

Agric. Law & Tax’n Blog, Probate Fees – How Much are They?, Roger McEowen (Dec. 11, 2023)

Agric. Law & Tax’n Blog, The Importance of Proper Asset Titling, Roger McEowen (Dec. 9, 2023)

Nat’l Agric. Law Ctr., EPA Proposes Vulnerable Species Pilot Project, Brigit Rollins (Dec. 7, 2023)

Agric. Law & Tax’n Blog, Funding a Buy-Sell Agreement with Corporate Owned Life Insurance – Will Corporate Value Be Enhanced?, Roger McEowen (Dec. 1, 2023)

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FEDERAL ACTIONS—EXECUTIVE & LEGISLATIVE

U.S DEPARTMENT OF AGRICULTURE (USDA) PRESS RELEASES

Congress Must Act to Fully Fund WIC in 2024, Or Risk Nutrition Security for Millions of Women, Infants and Children (Dec. 13, 2023)

Secretary Vilsack Highlights U.S. Agriculture’s Climate Leadership at COP28 (Dec. 8, 2023)

USDA Announces Fellowship Applications to Reach Hispanic-Serving Institutions (Dec. 7, 2023)

ENVIRONMENTAL PROTECTION AGENCY (EPA) PRESS RELEASES

Biden-Harris Administration Announces $350 Million to 14 States to Reduce Methane Emissions from Oil and Gas Sector as Part of Investing in America Agenda (Dec. 15, 2023)

EPA Proposes Water Quality Standards to Protect Aquatic Life in Certain Sections of the Delaware River (Dec. 14, 2023)

EPA awards nearly $3M in grants to address environmental concerns in Yakima Valley (Dec. 12, 2023)

EPA Settles with Trucking Companies Over Claims of Violation of California Truck and Bus Pollution Rule (Dec. 11, 2023)

Biden-Harris Administration Announces 14 Organizations to Receive Nearly $7 Million to Recruit and Train Workers for Community Revitalization and Cleanup Projects as Part of Investing in America Agenda (Dec. 8, 2023)

USDA AGENCY PRESS RELEASES:

Agricultural Marketing Service (AMS)

USDA Settles a Packers and Stockyards Case with Sheridan Livestock Auction Company Inc. (Dec. 14, 2023)

USDA Restricts PACA Violators in Florida and Texas from Operating in the Produce Industry (Dec. 12, 2023)

USDA Files Action Against California Fresh Citrus Company in California for Alleged PACA Violations (Dec. 8, 2023)

USDA Partners with Montana to Award over $3 Million to Strengthen Food Supply Chain Infrastructure (Dec. 8, 2023)

USDA Restricts PACA Violators in California, Nevada and New York from Operating in the Produce Industry (Dec. 8, 2023)

Agricultural Research Service (ARS)

Some Crops Tolerate Ozone Pollution Better Than Others, Study Finds (Dec. 5, 2023)

Animal and Plant Health Inspection Service (APHIS)

USDA Protects Fruit, Vegetable and Livestock Producers with Emergency Funding to Address Exotic Fruit Fly and New World Screwworm Outbreaks (Dec. 15, 2023)

APHIS Reopens Public Comment Period for Proposed Additional Exemptions From 7 CFR Part 340 (Dec. 14, 2023)

Farm Service Agency (FSA)

USDA Announces 2024 Upland Cotton Marketing Assistance Loan Rate (Dec. 7, 2023)

USDA Now Accepting Applications for Farm Loans Online (Dec. 5, 2023)

Food and Nutrition Service

SNAP Race and Ethnicity Final Rule (Dec. 14, 2023)

USDA and FRAC Announce $1.1 Million in Grants to Increase Equitable Access to Healthy Meals for Children During School, After School, Child Care and Summer (Dec. 5, 2023)

Natural Resources Conservation Service (NRCS)

NRCS Announces ACEP, AMA, CSP, EQIP, RCPP for 2024 Funding, Apply by January 19th, 2024 (Dec. 12, 2023)

Urban Agriculture Assistance Available from USDA in Rhode Island (Dec. 11, 2023)

NRCS Texas Announces Application Deadline for the Conservation Stewardship Program (Dec. 11, 2023)

Streambank Stabilization Project Withstands High Spring Flows (Dec. 7, 2023)

USDA Increases Minimum Annual Payment for Conservation Stewardship Program (Dec. 6, 2023)

FEDERAL EXECUTIVE AGENCIES (Federal Register Dec. 4–Dec. 15, 2023):   

Agricultural Marketing Service

88 FR 86315 Notice: “Notice of Request for Extension and Revision of a Currently Approved Information Collection” (Dec. 13, 2023)

88 FR 86259 Rule: “National Organic Program (NOP); Organic Livestock and Poultry Standards; Delay of Effective Date and Update of Compliance Date” (Dec. 13, 2023)

88 FR 86066 Proposed Rule—Comment Period: “Onions Grown in Certain Designated Counties in Idaho and Malheur County, Oregon; Increased Assessment Rate” (Dec. 12, 2023)

88 FR 85819 Rule: “Raisins Produced from Grapes Grown in California; Temporary Relaxation of Substandard and Maturity Dockage Requirements” (Dec. 11, 2023)

88 FR 85519 Proposed Rule: “Sweet Cherries Grown in Designated Counties in Washington; Continuance Referendum” (Dec. 8, 2023)

88 FR 85130 Proposed Rule—Comment Period: “Cranberries Grown in Massachusetts, et al.; Termination of Marketing Order and Data Collection Requirements for Cranberries Not Subject to the Marketing Order” (Dec. 7, 2023)

Agriculture Department

88 FR 86316 Notice: “Submission for OMB Review; Comment Request [National Institute of Food and Agriculture: National 4–H Conference Registration Form, Leadership Position Interest Form, and Scholarship Interest Form]” (Dec. 13, 2023)

88 FR 85204 Notice: “Submission for OMB Review; Comment Request [National Agricultural Statistics Service: Agricultural Surveys Program]” (Dec. 7, 2023)

88 FR 85204 Notice: “Submission for OMB Review; Comment Request [National Agricultural Statistics Service: Livestock Slaughter]” (Dec. 7, 2023)

88 FR 85206 Notice: “Submission for OMB Review; Comment Request [Food Safety and Inspection Service: Egg Products HACCP and Sanitation Standard Operating Procedures]” (Dec. 7, 2023)

Environmental Protection Agency

88 FR 86870 Proposed Rule—Comment Period: “Air Plan Revisions; California; Sacramento Metropolitan Air Quality Management District” (Dec. 15, 2023)

88 FR 86268 Rule: “Dodine; Pesticide Tolerances” (Dec. 13, 2023)

88 FR 86094 Proposed Rule—Comment Period: “Outer Continental Shelf Air Regulations; Consistency Update for North Carolina” (Dec. 12, 2023)

88 FR 85530 Proposed Rule—Comment Period: “Water Quality Standards to Protect Human Health in Florida” (Dec. 8, 2023)

88 FR 84710 Rule: “Hazardous Waste Generator Improvements Rule, the Hazardous Waste Pharmaceuticals Rule, and the Definition of Solid Waste Rule; Technical Corrections” (Dec. 6, 2023)

88 FR 84817 Notice: “Board of Scientific Counselors (BOSC) Climate Change and Social and Community Sciences Subcommittee Meeting-December 2023” (Dec. 6, 2023)

88 FR 84878 Proposed Rule—Comment Period: “National Primary Drinking Water Regulations for Lead and Copper: Improvements (LCRI)” (Dec. 6, 2023)

Food and Nutrition Service

88 FR 86563 Rule: “Supplemental Nutrition Assistance Program: Revision of Civil Rights Data Collection Methods” (Dec. 14, 2023)

88 FR 86545 Rule: “Special Supplemental Nutrition Program for Women, Infants, and Children (WIC): Implementation of the Access to Baby Formula Act of 2022 and Related Provisions” (Dec. 14, 2023)

Rural Business-Cooperative Service

88 FR 86566 Rule: “Guaranteed Loanmaking and Servicing Regulations” (Dec. 14, 2023)

U.S. HOUSE AGRICULTURE COMMITTEE:

H.R.6821 “To amend the Food Security Act of 1985 to establish a pilot program that focuses Department of Agriculture conservation funding on reducing the most problematic nutrients in the highest-impact areas, and for other purposes.” Referred to the House Committee on Agriculture. (Dec. 14, 2023)

H.R.6806 “To provide for the establishment of a program to certify artificial intelligence software used in connection with producing agricultural products.” Referred to the House Committee on Agriculture. (Dec. 14, 2023)

H.R.6747 “To speed up the deployment of electricity transmission and clean energy, with proper input from affected communities, and for other purposes.” Referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, Natural Resources, and Agriculture. (Dec. 13, 2023)

H.R.6720 “To direct the Secretary of Agriculture to establish a grocery, farm, and food worker stabilization grant program.” Referred to the House Committee on Agriculture. (Dec. 12, 2023)

H.R.6665 “To amend the Internal Revenue Code of 1986 to eliminate certain fuel excise taxes and impose a tax on greenhouse gas emissions to provide revenue for maintaining and building American infrastructure, and for other purposes.” Referred to the Subcommittee on Highways and Transit. (Dec. 11, 2023)

H.Res.920 “Disapproving of recommendations by the United Nations to reduce meat consumption in the United States.” Referred to the Committee on Agriculture. (Dec. 11, 2023)

H.R.6657 “To amend the Consolidated Appropriations Act, 2023, to limit the conditions applicable to the use of electronic benefit transfer (EBT) cards to purchase food, and for other purposes.” (Dec. 7, 2023)

H.R.6621 “To provide technical assistance for geographically underserved and distressed areas, and for other purposes.” Referred to the House Committee on Agriculture. (Dec. 6, 2023)

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

S.3500 “A bill to amend the Food, Agriculture, Conservation, and Trade Act of 1990 to provide for high-priority research and extension grants for natural climate solutions, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Dec. 13, 2023)

S.3497 “A bill to amend the Farm Credit Act of 1971 to modify rural housing financing under that Act.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Dec. 13, 2023)

S.3471 “A bill to require the Secretary of Agriculture to publish a report on the fertilizer industry, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Dec. 12, 2023)

S.3420 “Growing Opportunities for Innovative Farming Act of 2023” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Dec. 6, 2023)

STATE ACTIONS—EXECUTIVE & LEGISLATIVE 

PENNSYLVANIA DEPARTMENT OF AGRICULTURE PRESS RELEASES:

Agriculture Secretary Calls For Proposals For $450,000 In PA Farm Bill Research Funds To Tackle Complex Animal Ag Challenges (Dec. 12, 2023)

Agriculture Secretary Invites Public To Taste Pennsylvania’s Best At PA Preferred® Reception Kicking Off 2024 Farm Show (Dec. 8, 2023)

2024 PA Farm Show National Anthem Contest Winners Announced; Schuylkill County Youth Wins Most Votes (Dec. 6, 2023)

PENNSYLVANIA EXECUTIVE AGENCIES (Pa. Bulletin Vol. 53, No. 49 & 50—Dec. 16, 2023): 

Department of Agriculture

53 Pa.B. 7736 Notice: “General Quarantine Order; Highly Pathogenic Avian Influenza Samplers”

Department of Environmental Protection

53 Pa.B. 7607 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. 7809 Notice: “Planning Grant Awards under Section 901 of the Municipal Waste Planning, Recycling and Waste Reduction Act, Act 101 of 1988”

PENNSYLVANIA LEGISLATURE

HB 1889 “An Act amending Title 3 (Agriculture) of the Pennsylvania Consolidated Statutes, in weights and measures, further providing for meter required.” Removed from table. (Dec. 13, 2023)

HB 1777 “An Act amending the act of June 30, 1981 (P.L.128, No.43), known as the Agricultural Area Security Law, further providing for purchase of agricultural conservation easements, for Agricultural Conservation Easement Purchase Fund and for Land Trust Reimbursement Program.” Third consideration and final passage. (Dec. 12, 2023)

 

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