February 11, 2025

Agricultural Law Weekly Review—February 11, 2025

Webinar Next Week—Feb. 18, 2025, Quarterly Dairy Legal Webinar: HPAI in Dairy Cattle: Regulatory Measures Thus Far

Local Agricultural Policy: Pennsylvania Governor’s Proposed 2025–26 Budget Appropriates $255 Million for Agriculture 🌾
On February 4, 2025, Pennsylvania Governor Josh Shapiro presented his proposed 2025–26 state budget and enabling legislation, which includes $255 million for agriculture, down 2.3% from $261 million in 2024–25 (full PDF; budget in brief; line-item summary). However, the proposed budget appropriates $25 million for the Agriculture Innovation and Development Grant Program—which also includes “$2,000,000 for a county-based ‘digester’ pilot program”—a total increase of 150% from the $10 million allocation in 2024–25. Although the budget only designates $11 million for agricultural preparedness and response, a $25 million decrease from 2024–25, the state Senate Democratic Appropriations Committee states that “the last 3 budgets have allocated a total of $75,000,000 for farmers who experienced losses due to Highly Pathogenic Avian Influenza (HPAI), [and] $61,500,000 of that funding remains in use for 2025–26.” The proposed budget also includes $49.7 million for agricultural department general operations (up $1.1 million), $60.5 million for the agricultural college land scrip fund (up $2.8 million), and $34.6 million for state food purchases (up $8 million). The proposed budget now moves to the House and Senate Appropriations Committees for review before the end of the current fiscal year, June 30, 2025. 

Biosecurity: USDA Removes Restrictions on Cattle, Bison Imports from Mexico
On February 3, 2025, the U.S. Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) issued an updated import alert “reducing restrictions on the importation of live cattle and bison from Mexico” after suspending such imports in November 2024 due to a “positive detection of New World screwworm in southern Mexico.” Also announced by APHIS, the agency states that “imported animals must successfully complete pre-clearance inspection and treatment for screwworm and import through APHIS-approved facilities.” More information is available on APHIS’s Animal Health Status of Regions webpage. See also ALWR—Dec. 10, 2024, “USDA Issues New World Screwworm Import Restriction for Cattle, Bison from Mexico.”

International Trade: Mexico Repeals GM Corn Prohibition
On February 5, 2025, the Mexican government published in its Official Journal of the Federation an agreement repealing the country’s previous 2023 prohibition of genetically modified (GM) corn. Mexico’s repeal follows a December 20, 2024, dispute panel report finding the prohibition “inconsistent” under the United States-Mexico-Canada Agreement (USMCA), which allows 45 days for compliance after such a determination. Also announced by the Office of the U.S. Trade Representative (USTR), the agency states that Mexico’s repeal “declares ineffective two sets of measures that USTR successfully challenged in the USMCA dispute: (1) an immediate ban on the use of GE corn in dough and tortillas and (2) an instruction to Mexican government agencies to gradually eliminate the use of GE corn for other food uses and in animal feed.” See also ALWR—Jan. 7, 2025, “Panel Finds Mexico’s GM Corn Prohibitions ‘Inconsistent with USMCA.’”

Food Labeling: French Conseil d’État Annuls Two Decrees Prohibiting ‘Animal’ Names for Plant-Based Foods
On January 28, 2025, the French Conseil d’État (Council of State) announced (Eng. PDF) that the court had “annulled two decrees banning the naming of products containing plant proteins with terms used for meat and fish products, such as ‘steak’ or ‘sausage’”—Decree No. 2022-947 of June 29, 2022 (Fr. PDF) and Decree No. 2024-144 of February 26, 2024 (Fr. PDF). According to the announcement, the Conseil d’État is annulling the decrees in compliance with an October 2024 opinion from the Court of Justice of the European Union (CJEU), which found that EU countries “may not prohibit the use of terms traditionally associated with products of animal origin to designate a product containing vegetable proteins” if “no legal name has been adopted” and determined that the decrees “are illegal as they are contrary to European regulations.” Protéines France and Others, C-438/23 (Fr. Opinion; Eng. Abstract). See also ALWR—Oct. 29, 2024 “EU Court of Justice Says Countries Cannot Prohibit Meat Terms on Plant-Based Products,” and ALWR—Mar. 4, 2024 “France Issues Decree Prohibiting ‘Animal’ Food Names for Plant-Based Foods.” 

Antitrust: Antitrust Cattle Plaintiffs File Preliminary Settlement Approval with JBS USA
On January 31, 2025, the cattle producer plaintiffs in In Re: Cattle Antitrust Litigation filed in the U.S. District Court for the District of Minnesota a motion for preliminary approval of a $83.5 million settlement with JBS USA Food Company in a case alleging that the company “conspired to fix, depress, suppress, or stabilize the price of fed cattle.” No. 0:22-md-03031 (prev. 0:19-cv-01222). Settling plaintiffs are four individual cattle producers led by the Ranchers Cattlemen Action Legal Fund United Stockgrowers of America (R-CALF USA) and Farmers Educational and Cooperative Union of America. According to the proposed settlement, the settlement classes include the Producer Class—producers who “directly sold to a Defendant one or more fed cattle for slaughter from June 1, 2015 to February 29, 2020”—and the Exchange Class—“persons or entities who held a long position in Live Cattle Futures traded on the Chicago Mercantile Exchange prior to June 1, 2015, and subsequently liquidated . . . prior to November 1, 2016.”

 

____________________________________________

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

Subscribe to the Pennsylvania Farm Employers’ Listserv

The Pennsylvania Farm Employers’ Listserv: a human resources email networking and resource-sharing group exclusively for agricultural operations. To subscribe, send an email to pfel-subscribe-request@lists.psu.edu with “subscribe” in the subject line and any word in the body (to avoid spam filtering).

Quarterly Dairy 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:

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:

Podcasts:

Farmland Legal Energy Podcast

The Inflation Reduction Act and Agriculture

An Introduction to Foreign Ownership of Agricultural Land

Dust Pollution in Rural Pennsylvania

Introduction to Precision Agriculture

Resources of Interest:

Iowa St. Univ. Ctr. Agric. Law & Tax’n, U.S. DOJ Seeks to Lift BOI Reporting Injunction, Kristine A. Tidgren (Feb. 7, 2025)

Southern Ag Today, How Do U.S. Tariff Rates Compare to Other WTO Countries, Luis Ribera (Texas A&M) (Feb. 6, 2025)

Tex. A&M Agric. Law Blog, The Beef Checkoff and Direct Beef Sales, Tiffany Dowell (Feb. 3, 2025)

Nat’l Agric. Law Ctr., FDA Bans Red Dye No. 3, Emily Stone (Feb. 4, 2025)

Ohio St. Univ. Ext. Farm Off. Blog, Property Owners and Suspicious Drone Activity: What Laws Apply?, Peggy Kirk Hall (Feb. 4, 2025)

Nat’l Agric. Law Ctr., NALC News Release: Navigating Farm Debt, Ag Bankruptcy Focus at Mid-South Conference, Drew Viguet (Feb. 6, 2025)

STATE ACTIONS—EXECUTIVE & LEGISLATIVE

PENNSYLVANIA DEPARTMENT OF AGRICULTURE PRESS RELEASES

Shapiro Administration Takes Aggressive, Multi-agency Actions in Response to Avian Influenza to Protect PA Poultry and Dairy Industries (Feb. 6, 2025)

PENNSYLVANIA EXECUTIVE AGENCIES

(Pa. Bulletin Vol. 55, No. 6—Feb. 8, 2025): 

Department of Environmental Protection

55 Pa.B. 1293 Notice: “The Pennsylvania Clean Streams Law and the Federal Clean Water Act 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”

55 Pa.B. 1392 Notice: “Bid Opportunity: OOGM 24-2, Cleaning Out and Plugging Eighteen (18) Abandoned/Orphaned Oil Wells, Mead Township, Warren County.”

55 Pa.B. 1392 Notice: “Planning Grant Awards under Section 901 of the Municipal Waste Planning, Recycling and Waste Reduction Act, Act 101 of 1988”

55 Pa.B. 1393 Notice: “Proposed General Plan Approval and/or General Operating Permit for Human or Animal Crematory Incinerators (BAQ-GPA/GP-14); Public Comment Opportunity (2700-PM-BAQ0024)”

PENNSYLVANIA LEGISLATURE

HB 324 “An Act amending the . . . Poultry Technician Licensure Law, further providing for collection of samples, for technician requirements, for licensure, for powers and duties of Secretary of Agriculture and for blood sample restrictions.” Approved by the Governor (Feb. 6, 2025)

HB 514 “An Act amending Title 58 (Oil and Gas) of the Pennsylvania Consolidated Statutes, in development, providing for brine.” Referred to ENVIRONMENTAL AND NATURAL RESOURCE PROTECTION (Feb. 5, 2025)

HB 33 “An Act amending the . . . Medical Marijuana Act, in preliminary provisions, further providing for definitions; in practitioners, further providing for practitioner registration; in medical marijuana controls, further providing for electronic tracking and for laboratory; and, in Medical Marijuana Advisory Board, further providing for advisory board.” Re-committed to APPROPRIATIONS (Feb. 5, 2025)

HB 77 “An Act amending Title 3 (Agriculture) of the Pennsylvania Consolidated Statutes, in food protection, further providing for definitions, providing for food allergy awareness and further providing for powers of department.” Third consideration and final passage (Feb. 5, 2025)

HB 118 “An Act amending the . . . Child Labor Act, further providing for penalties.” Laid on the table (Feb. 5, 2025)

HB 157 “An Act providing for grant awards to entities in rural counties and designated medically underserved areas to pay for the education debt of practitioners employed at the entity.” Laid on the table (Feb. 5, 2025)

FEDERAL ACTIONS—EXECUTIVE & LEGISLATIVE

U.S. ENVIROMENTAL PROTECTION AGENCY

EPA Renames Its Gulf Division to Honor the Gulf of America (Feb. 5, 2025)

EPA Administrator Lee Zeldin Announces EPA’s “Powering the Great American Comeback” Initiative (Feb. 4, 2025)

EPA Administrator Lee Zeldin Visits East Palestine, Ohio, with Vice President JD Vance to Mark Two-Year Anniversary of Train Derailment (Feb. 3, 2025)

U.S. DEPARTMENT OF AGRICULTURE (USDA) PRESS RELEASES

USDA Global Food Security Programs Continue (Feb. 7, 2025)

USDA Applauds Mexico’s Action Towards Resolving USMCA Dispute on GE Corn (Feb. 6, 2025)

USDA AGENCY PRESS RELEASES:

Farm Service Agency

USDA Announces February 2025 Lending Rates for Agricultural Producers (Feb. 3, 2025)

Food Safety and Inspection Service 

Constituent Update—February 7, 2025 (Feb. 7, 2025)

Onboarding Manual (Feb. 6, 2025)

Foreign Agriculture Service

Export Sales to South Korea (Feb. 4, 2025)

Natural Resource Conservation Service

New Jersey NRCS Accepting Applications from Organic Producers (Feb. 7, 2025)

NRCS Accepting Applications from Virginia Organic Producers for Conservation Programs (Feb. 7, 2025)

Protect Your Agricultural Land with a Conservation Easement offered by the Natural Resources Conservation Service in Florida (Feb. 4, 2025)

Third Sign up open for USDA Ag & Forestry Conservation Programs in Rhode Island (Feb. 4, 2025)

Due March 3: Applications for Organic Conservation Assistance (Feb. 3, 2025)

NRCS-WA announces dates, locations of Local Working Group meetings (Feb. 3, 2025)

Extension for Interested Sponsors Who Want to Participate in the Emergency Watershed Protection Program. (Feb. 3, 2025)

FEDERAL EXECUTIVE AGENCIES (Federal Register—Feb. 3–9, 2025):    

Environmental Protection Agency

90 FR 9156 Notice: “Environmental Impact Statements; Notice of Availability” (Feb. 7, 2025)

90 FR 9010 Final Rule—Delay of Effective Dates: “Delay of Effective Date for 2 Final Regulations Published by the Environmental Protection Agency Between December 11, 2024, and January 6, 2025” (Feb.5, 2025)

90 FR 8798 Notice—Extension of Comment Periods: “Three Actions Published by the Environmental Protection Agency With Comment Periods That Close Between February 3, 2025 and February 11, 2025; Notice of Comment Period Extension and Delay of Public Meetings” (Feb. 3, 2025)

U.S. HOUSE AGRICULTURE COMMITTEE: 

H.R.1116 “To prohibit the use of Federal funds to support cell-cultured meat, and for other purposes.” Referred to the House Committee on Agriculture. (Feb. 7, 2025)

H.R.1110 “To require the Secretary of Agriculture to develop and implement a strategy to increase opportunities to utilize livestock grazing as a means of wildfire risk reduction.” Referred to the Committees on Agriculture and Natural Resources. (Feb. 7, 2025)

H.R.1086 “To amend the Agricultural Trade Act of 1978 to extend and expand the Market Access Program and the Foreign Market Development Cooperator Program.” Referred to the House Committee on Agriculture. (Feb. 6, 2025)

H.R.1084 “To amend the Omnibus Parks and Public Lands Management Act of 1996 to provide for the establishment of a Ski Area Fee Retention Account, and for other purposes.” Referred to the Committees on Agriculture and Natural Resources. (Feb. 6, 2025)

H.R.793 “To amend the Food and Nutrition Act of 2008 to repeal the limitation on the maximum deduction for shelter expenses allowable for determination of benefits under such Act.” Sponsor introductory remarks on measure. (Feb. 6, 2025)

H.R.1011 “To amend the Agricultural Credit Act of 1978 to remove barriers to agricultural producers in accessing funds to carry out emergency measures under the emergency conservation program, and for other purposes.” Referred to the House Committee on Agriculture. (Feb. 5, 2025)

H.R.985 “To amend the Agriculture Improvement Act of 2018 to reauthorize the dairy business innovation initiatives.” Referred to the House Committee on Agriculture. (Feb. 5, 2025)

H.Res.111 “Expressing support for blockchain technology and digital assets.” Referred to the Committees on Energy and Commerce, Financial Services, and Agriculture. (Feb. 5, 2052)

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

H.R.836 “Emergency Wildfire Fighting Technology Act of 2025” Received in the Senate and Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Feb. 6, 2025)

S.480 “A bill to require certain forest supervisors of units of the National Forest System to submit to the Chief of the Forest Service a harvesting improvement report, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Feb. 6, 2025)

S.453 “A bill to establish a Wildfire Intelligence Center, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Sponsor introductory remarks on measure: CR S794-795) (Feb. 6, 2025)

S.449 “A bill to amend the Healthy Forests Restoration Act of 2003 to require the Secretary of Agriculture to expedite hazardous fuel or insect and disease risk reduction projects on certain National Forest System land, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Feb. 6, 2025)

S.441 “A bill to direct the Secretary of Agriculture and the Secretary of the Interior to develop a plan to reorganize Federal wildland fire response, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Feb. 6, 2025)

S.421 “A bill to amend the Agricultural Marketing Act of 1946 to establish country of origin labeling requirements for beef, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Feb. 5, 2025)

S.420 “A bill to amend the Agriculture Improvement Act of 2018 to reauthorize the dairy business innovation initiatives.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Feb. 5, 2025)

S.Res.57 “An original resolution authorizing expenditures by the Committee on Agriculture, Nutrition, and Forestry.” Referred to the Committee on Rules and Administration. (Feb. 5, 2025)

Agriculture-Related Legislative Hearings & Reports

House Agriculture Hearing: “Examining the Economic Crisis in Farm Country” (Feb. 11, 2025, 10 AM)

Senate Agriculture, Nutrition, and Forestry Meeting: “Hearings to examine perspectives from the field, focusing on farmer and rancher views on the agricultural economy.” (Feb. 13, 2025, 9:30 AM)

 

Contributors:
Audry Thompson—Staff Attorney
Riley Amdor—Research Assistant
Victoria Dutterer—Research Assistant