February 18, 2025

Agricultural Law Weekly Review—February 18, 2025

NEW: Ag Law Issue Tracker—Trump Administration’s First 100 Days on Agricultural and Food Policy

Avian Influenza: Pennsylvania Passes Bill Amending Poultry Technician Licensure Law 🌾
On February 6, 2025, Pennsylvania Governor Josh Shapiro signed into law H.B. 324 (2025 Act 1) amending the Poultry Technician Licensure Law (1955 Act 466). Also announced by the governor, the new law extends eligibility to authorized workers in the United States for Poultry Technician License Certification, previously only available to U.S. citizens. The law also allows “Certified Poultry Technicians . . . to take samples from birds from the farms where they work,” an action prohibited under the previous law. Additionally, the new law specifies that the “Secretary of Agriculture may establish the licensing and certification standards . . . regulatory sampling and testing procedures, and may provide for training in Spanish, through the issuance of a general quarantine order under . . . 3 Pa.C.S. § 2329.” The new law became effective upon signature.

Organic Agriculture: USDA Delays Effective Date for Organic Mushrooms, Pet Food Final Rule
On February 10, 2025, the U.S. Department of Agriculture (USDA) Agricultural Marketing Service (AMS) published in the Federal Register a final rule (90 FR 9187) delaying until March 21, 2025 the effective date of the agency’s previously issued final rule, “National Organic Program; Market Development for Mushrooms and Pet Food” (AMS-NOP-22-0063). According to the rule, the delay is issued in compliance with the January 20, 2025 Presidential memorandum “Regulatory Freeze Pending Review,” to allow “Department officials the opportunity for further review and consideration of new regulations, consistent with the . . . memorandum.” The final rule was previously set to become effective February 21, 2025. See also ALWR—Jan. 14, 2025, “USDA Publishes Final Rule Amending Organic Regulations for Pet Food and Mushrooms.”

Local Agricultural Policy: Alaska Creates New Department of Agriculture
On January 21, 2025, Alaska Governor Mike Dunleavy issued Executive Order 136 establishing a state Department of Agriculture and transferring all agriculture-related functions from the state’s Department of Natural Resources (DNR). Also announced by the governor, the office states that the “Department of Agriculture will create a Cabinet-level position and a dedicated budget for the new Department,” which “will continue all functions currently carried out by the [DNR’s] Division of Agriculture.” According to a statement of cost, the governor is requesting 13 new positions and $2.7 million in addition to the existing 37 positions and $7.2 million to be transferred from the Division of Agriculture for the new department. According to the announcement, “Unless rejected by a majority lawmakers, the Department of Agriculture will be official on July 1, 2025.”

Regulatory Policy: GAO Finds USDA SNAP Recording Practices Violated Statute
On February 12, 2025, the U.S. Government Accountability Office (GAO) published a decision finding that the U.S. Department of Agriculture’s (USDA) recording practices for the Supplemental Nutrition Assistance Program (SNAP) were inconsistent with controlling statutes. According to the decision, USDA engaged in two separate recording practices that violated the recording statute: (1) “Prior to September 19, 2023, USDA recorded daily obligations for SNAP in an amount equal to household benefits issued” and (2) After September 19, 2023, “USDA obligated its fiscal year (FY) 2023 one-year appropriation for FY 2024 SNAP benefits that would be issued to households during the month of October 2023.” GAO states that “the point of obligation for SNAP benefits is when appropriations for such payments have been enacted and are available for obligation, not when USDA takes action as part of the process to pay benefits” and that “the proper amount to record was USDA’s best estimate of the SNAP benefits due in FY 2023, not the amount of benefits issued each day or benefits due in FY 2024.” To remedy the violation, GAO states that, “USDA should adjust its accounts and charge . . . [FY 2024] benefit amounts to appropriations available for obligation in FY 2024” “because USDA’s FY 2023 one-year SNAP appropriation was not available to pay for FY 2024 benefits.” GAO additionally states, “If USDA lacks sufficient funds in the relevant appropriations, it must report an Antideficiency Act violation.”

 

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Compliance with New Federal and State Business Entity Informational Filing Requirements

  • Mar. 5, 2025, noon–1 pm (ET), Center Staff Attorney Brook Duer Presents with SBDC Agriculture Center of Excellence. Register Here with the Small Business Development Center.

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:

Southern Ag Today, Be Mine: FDA Bans Food Dye Used in Popular Candies, Emily Stone—Nat’l Agric. Law Ctr (Feb. 14, 2025)

Nat’l Agric. Law Ctr., Soil for Sale? State Legislative Efforts to Restrict Foreign Investments—Part Three (Feb. 13, 2025)

Tex. A&M Agric. Law Blog, 2025 Federal Estate and Gift Tax Limits, Tiffany Dowell (Feb. 10, 2025)

STATE ACTIONS—EXECUTIVE & LEGISLATIVE

PENNSYLVANIA DEPARTMENT OF AGRICULTURE PRESS RELEASES

Shapiro Administration Makes Historic Investment to Expand Pennsylvania’s Animal Diagnostic Laboratory System with New Western PA Lab in Beaver County (Feb. 14, 2025)

Pennsylvania Invests Nearly $6.7 Million to Protect 19 Farms in 16 Counties from Future Development, Ensure They Stay Farms Forever (Feb. 13, 2025)

Pennsylvania Dairy Industry Reaches ‘HPAI-Free’ Status Milestone After Aggressive Milk-Testing, Interstate Cattle Transport Restrictions (Feb. 12, 2025)

PENNSYLVANIA EXECUTIVE AGENCIES

(Pa. Bulletin Vol. 55, No. 7—Feb. 8, 2025): 

Department of Agriculture

55 Pa.B. 1459 Notice: “General Quarantine Order; Equine Infectious Anemia”

55 Pa.B. 1461 Notice: “Order of Quarantine; Phorid Fly”

Department of Environmental Protection

55 Pa.B. 1517 Applications: “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. 1601 “Availability of Technical Guidance”

55 Pa.B. 1602 “Pennsylvania’s PM2.5 Exceptional Event Analyses for June 6, 2023, through June 8, 2023, and June 28, 2023, through July 1, 2023”

55 Pa.B. 1603 “Rates to be Used for Calculating Long-Term Operation and Maintenance Cost Bonds for Water Supply Replacement—Mining Operations”

PENNSYLVANIA LEGISLATURE

HB 587 “An Act establishing the hauler or broker of food processing residuals certification program; providing for the transportation of food processing residuals; imposing duties on the Department of Agriculture and the State Conservation Commission; and imposing penalties.” Referred to Agriculture and Rural Affairs. (Feb. 12, 2025)

HB 608 “An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, in riot, disorderly conduct and related offenses, further providing for the offense of cruelty to animal.” Referred to AGRICULTURE AND RURAL AFFAIRS. (Feb. 12, 2025)

HB 571 “An Act establishing the Rebuild Pennsylvania Board, the Rebuild Pennsylvania Program and the Rebuild Pennsylvania Fund; providing for powers and duties of the board and for use of program money; and making an interfund transfer.” Referred to ENVIRONMENTAL AND NATURAL RESOURCE PROTECTION. (Feb. 12, 2025)

HB 578 “An Act amending the act of May 1, 1984 (P.L.206, No.43), known as the Pennsylvania Safe Drinking Water Act, providing for maximum contaminant levels.” Referred to ENVIRONMENTAL AND NATURAL RESOURCE PROTECTION. (Feb. 12, 2025)

HB 586 “An Act amending the act of July 7, 1980 (P.L.380, No.97), known as the Solid Waste Management Act, in general provisions, further providing for definitions and for powers and duties of the department; in applications and permits, further providing for permits and licenses required, transition scheme and reporting requirements and providing for food processing residuals; and imposing penalties” Referred to ENVIRONMENTAL AND NATURAL RESOURCE PROTECTION. (Feb. 12, 2025)

HB 601 “A Joint Resolution proposing integrated amendments to the Constitution of the Commonwealth of Pennsylvania, changing the Commonwealth’s fiscal period from one year to two years.” Referred to APPROPRIATIONS. (Feb. 12, 2025)

HR 66 “A Resolution directing the Legislative Budget and Finance Committee, in consultation with taxonomists, biologists and other interested persons, to conduct a study and issue a report on wild native terrestrial invertebrate management.” Referred to ENVIRONMENTAL AND NATURAL RESOURCE PROTECTION. (Feb. 10, 2025)

FEDERAL ACTIONS—EXECUTIVE & LEGISLATIVE

U.S. ENVIROMENTAL PROTECTION AGENCY

EPA Administrator Lee Zeldin Cancels Nine More Contracts, Saving Nearly $60 Million (Feb. 14, 2025)

EPA to review cleanups at ten Massachusetts Superfund sites this year (Feb. 12, 2025)

EPA to review cleanups at three Connecticut Superfund sites this year (Feb. 12, 2025)

EPA to review cleanups at three New Hampshire Superfund sites this year (Feb. 12, 2025)

EPA to review cleanups at four Rhode Island Superfund sites this year (Feb. 12, 2025)

EPA to review cleanups at five Maine Superfund sites this year (Feb. 12, 2025)

EPA to review cleanup at Vermont Superfund site this year (Feb. 12, 2025)

EPA Places 171 DEIA and Environmental Justice Employees on Administrative Leave (Feb. 11, 2025)

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

Secretary Rollins Takes Bold Action on Day One (Feb. 14, 2025)

Secretary Rollins Takes Bold Action to Stop Wasteful Spending and Optimize USDA to Better Serve American Agriculture (Feb. 14, 2025)

Trump USDA Vows to Correct Biden’s Financial Mismanagement of SNAP (Feb. 12, 2025)

USDA AGENCY PRESS RELEASES:

Food Safety and Inspection Service 

Constituent Update – February 14, 2025 (Feb. 14, 2025)

Chemistry Laboratory Guidebook (Feb. 13, 2025)

Foreign Agriculture Service

Export Sales to Colombia (Feb. 14, 2025)

Export Sales to Unknown Destinations (Feb. 12, 2025)

Export Sales to Mexico (Feb. 10, 2025)

Natural Resource Conservation Service

NRCS Announces Cheatgrass Challenge Project Proposal Application Period (Feb. 14, 2025)

FEDERAL EXECUTIVE AGENCIES (Federal Register—Feb. 10-16, 2025):    

Agriculture Department

90 FR 9533 Notice: “Tribal Advisory Committee” (Feb. 13, 2025)

90 FR 9283 Final Rule—Delay of Effective Date: “Privacy Act Regulations; Delay of Effective Date” (Feb. 11, 2025)

Agricultural Marketing Service

90 FR 9188 Final Rule—Delay of Effective Date: “Paper and Paper-Based Packaging Promotion, Research and Information Order; Clarifying Changes” (Feb. 10, 2025)

90 FR 9187 Finale Rule—Delay of Effective Date: “Plant Records to Include Grade Label Butterfat Testing” (Feb. 10, 2025)

90 FR 9187 Final Rule—Delay of Effective Date: “National Organic Program; Market Development for Mushrooms and Pet Food” (Feb. 10, 2025)

Animal and Plant Health Inspection Service

90 FR 9301 Notice: “Privacy Act of 1974; System of Records; Delay of Effective Date” (Feb. 11, 2025)

Federal Crop Insurance Corporation

90 FR 9188 Final Rule—Comment Period: “Flax Revenue and Expanded Unit Options for Crop Insurance” (Feb. 10, 2025)

Rural Housing Service

90 FR 9375 Final Rule: “Single Family Housing Guaranteed Loan Program Changes Related to Special Servicing Options; Correction” (Feb. 12, 2025)

U.S. HOUSE AGRICULTURE COMMITTEE: 

H.R.1383 “To extend the Secure Rural Schools and Community Self-Determination Act of 2000.” Referred to the Committees on Agriculture and Natural Resources (Feb. 14, 2025)

H.R.1380 “To amend the Packers and Stockyards Act, 1921, to establish the Office of the Special Investigator for Competition Matters, and for other purposes.” Referred to the House Committee on Agriculture. (Feb. 14, 2025)

H.R.1376 “To amend the Animal Health Protection Act to provide compensation for poultry growers and layers in control areas, and for other purposes.” Referred to the House Committee on Agriculture. (Feb. 14, 2025)

H.R.1326 “To provide for Department of Energy and Department of Agriculture joint research and development activities, and for other purposes.” Referred to the Committee on Science, Space and the Committee on Agriculture (Feb. 13, 2025)

H.R.1302 “To amend the Food, Conservation, and Energy Act of 2008 to clarify propane storage as an eligible use for funds provided under the storage facility loan program, and for other purposes.” Referred to the House Committee on Agriculture. (Feb. 13, 2025)

H.R.1297 “To establish the Land Port of Entry Modernization Trust Fund, and for other purposes.” Referred to the Committees on Ways and Means, Homeland Security, Agriculture, and the Judiciary (Feb. 13, 2025)

H.Res.133 “Expressing support for the designation of February 15 through February 22, 2025, as “National FFA Week”, recognizing the important role of the National FFA Organization in developing the next generation of leaders who will change the world, and celebrating the 90th anniversary of New Farmers of America and the 75th anniversary of the Federal charter to Future Farmers of America.” Referred to the House Committee on Agriculture. (Feb. 13, 2025)

H.R.1271 “To provide additional funding for scholarships for students at 1890 institutions, and for other purposes.” Referred to the House Committee on Agriculture. (Feb. 12, 2025)

H.R.1246 “To amend the Farm Credit Act of 1971 to provide support for facilities providing healthcare, education, child care, public safety, and other vital services in rural areas.” Referred to the House Committee on Agriculture. (Feb. 12, 2025)

H.R.1230 “To amend the Agricultural Research, Extension, and Education Reform Act of 1998 to direct the Secretary of Agriculture to establish a program under which the Secretary will award competitive grants to eligible entities for the purpose of establishing and enhancing farming and ranching opportunities for veterans.” Referred to the Committees on Agriculture and Veterans’ Affairs (Feb. 12, 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.” Ordered to be Reported in the Nature of a Substitute by Unanimous Consent. (Feb. 12, 2025)

H.R.302 “Water Rights Protection Act of 2025” Ordered to be Reported in the Nature of a Substitute by the Yeas and Nays: 2 -16. (Feb. 12, 2025)

H.R.1213 “To amend the Forest and Rangeland Renewable Resources Research Act of 1978 to modify the forest inventory and analysis program.” Referred to the House Committee on Agriculture. (Feb. 11, 2025)

H.R.1207 “To transfer the functions, duties, responsibilities, assets, liabilities, orders, determinations, rules, regulations, permits, grants, loans, contracts, agreements, certificates, licenses, and privileges of the United States Agency for International Development relating to implementing and administering the Food for Peace Act to the Department of Agriculture.” Referred to the Committees on Foreign Affairs and Agriculture (Feb. 11, 2025)

H.R.1198 “To amend the Food and Nutrition Act of 2008 to modify work requirements under the supplemental nutrition assistance program, and for other purposes.” Referred to the Committees on Agriculture and Financial Services (Feb. 11, 2025)

H.R.1184 “To require that a State be ineligible to receive funds under certain Federal programs unless the State has in effect a State law restricting the purchase of agricultural land by certain foreign persons, and for other purposes.” Referred to the Committees on Agriculture, Natural Resources, Energy and Commerce, and Science, Space, and Technology (Feb. 11, 2025)

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

S.602 “A bill to amend the Food, Agriculture, Conservation, and Trade Act of 1990 to support research and development of ungulate grazing land management techniques for purposes of wildfire mitigation, fuel reduction, and post-fire recovery.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Feb. 13, 2025)

S.581 “A bill to amend the Agricultural Marketing Act of 1946 with respect to mandatory reporting of dairy products processing costs.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Feb. 13, 2025)

S.574 “A bill to amend the Animal Health Protection Act to provide compensation for poultry growers and layers in control areas, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Feb. 13, 2025)

S.561 “A bill to amend the Food and Nutrition Act of 2008 to require the Secretary to designate food and food products to be made available under the supplemental nutrition assistance program, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Feb. 13, 2025)

S.517 “A bill to amend the Forest and Rangeland Renewable Resources Research Act of 1978 to modify the forest inventory and analysis program.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Feb. 11, 2025)

S.507 “A bill to enhance the participation of precision agriculture in the United States, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Feb. 11, 2025)

 

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