February 25, 2025

Agricultural Law Weekly Review—February 25, 2025

This Week—Fri. Feb. 28: Understanding the Basics of Pesticide Drift

Agribusiness: Federal Court Lifts Stay on BOI Reporting Requirements, FinCEN Publishes New Deadline 🌾
On February 17, 2025, the U.S. District Court for the Eastern District of Texas issued an order lifting its previous stay of the Corporate Transparency Act’s (CTA) Beneficial Ownership Information (BOI) reporting requirements. Smith v. United States Dep’t Treasury, No. 6:24-cv-00336. On February 19, 2025, the Financial Crimes Enforcement Network (FinCEN) published its response and updated BOI timeline, which states, “For the vast majority of reporting companies, the new deadline to file an initial, updated, and/ or corrected BOI report is now March 21, 2025.” See also ALWR—Jan. 28, 2025, “Supreme Court Stays BOI Injunction But Reporting Requirements Still Paused.” For more on the recent court order and reinstated BOI requirements, see Kristine A. Tidgren, Most BOI Reports are Now Due March 21, Iowa St. Univ. Ctr. Agric. Law & Tax’n (Feb. 19, 2025).

Regulatory Policy: Second Federal Court Finds CEQ Lacks Rulemaking Authority
On February 3, 2025, the U.S. District Court for the District of North Dakota issued an order holding that the Council on Environmental Quality (CEQ) “has no rulemaking authority.” State of Iowa v. Council on Environmental Quality, No. 1:24-cv-00089. The court’s order follows a similar opinion and holding from the U.S. Court of Appeals for the D.C. Circuit in November 2024. See ALWR—Jan. 7, 2025, “D.C. Circuit Finds CEQ Has No Statutory Rulemaking Authority.” For more on the North Dakota court’s order, see Brigit Rollins, Second Federal Court Rules CEQ Lacks Rulemaking Authority, Nat’l Agric. Law Ctr. (Feb. 18, 2025).

Pesticides: EPA Reopens, Extends Comment Period on Chlorpyrifos Proposed Rule
On February 20, 2025, the U.S. Environmental Protection Agency (EPA) published in the Federal Register a proposed rule (90 FR 9958) reopening and extending the comment period for the agency’s December 2024 proposed rule revoking most tolerances for chlorpyrifos residues (89 FR 99184) “to give commenters more time to provide input.” Also announced by EPA, the agency states that it “plans to issue an amended Proposed Interim Decision for chlorpyrifos for public comment followed by an Interim Decision in 2026.” The comment period is now open until March 24, 2025 (EPA-HQ-OPP-2024-0431). See also ALWR—Jan. 7, 2025, “EPA Announces Proposed Rule to Eliminate Chlorpyrifos in All but Eleven Crops.”

Avian Influenza: Zoetis Announces USDA Conditional Approval for HPAI Vaccine
On February 14, 2025, animal health company Zoetis announced that it had received conditional approval from the U.S. Department of Agriculture (USDA) Center for Veterinary Biologics (CVB) for its “Avian Influenza Vaccine, H5N2 Subtype, Killed Virus” for use in chickens. According to the announcement, the “conditional license was granted on the demonstration of safety, purity, and reasonable expectation of efficacy based on serology data.” Zoetis further states, “The decision to vaccinate commercial poultry flocks against [Highly Pathogenic Avian Influenza (HPAI)] rests solely with national regulatory authorities in partnership with the poultry industry.”

Avian Influenza: Nevada Passes Law Allowing Temporary Suspension of Cage-Free Egg Requirements
On February 13, 2025, Nevada Governor Joe Lombardo approved AB 171 (PDF), which “authorizes the State Quarantine Officer [SQO] to order the temporary suspension of [cage-free egg] requirements . . . during an ongoing event that negatively impacts the national supply chain for egg products or shell eggs.” Under the new law, the SQO may only issue two 120-day suspensions per calendar year and must provide public notice of the suspensions. Additionally, the new law allows the SQO to “temporarily: (1) authorize the sale of grade B eggs; (2) prohibit certain governmental entities from purchasing eggs; and (3) authorize a farm owner or operator of a small egg flock to produce, sell or transport eggs to a retailer.” The law became effective upon the governor’s approval. 

Avian Influenza: Minnesota to Begin Testing Raw Milk, Wisconsin to Participate in National Milk Testing Strategy
On February 18, 2025, the Minnesota Department of Agriculture (MDA) announced that the state will begin “sampling and testing raw cow’s milk for the H5N1 flu virus to identify where the virus is present, monitor trends, and prevent its spread to unaffected dairy herds and poultry flocks around the state.” The testing plan is part of the U.S. Department of Agriculture’s National Milk Testing Strategy (NMTS). Additionally, on February 17, 2025, the Wisconsin Department of Agriculture, Trade and Consumer Protection issued an update on its Highly Pathogenic Avian Influenza (H5N1) in Dairy Cattle webpage “announcing participation in the NMTS.” According to the announcements, both states will utilize samples that have already been collected for routine testing. See also ALWR—Jan. 14, 2025, “USDA Announces 28 States Enrolled in National Milk Testing Strategy, HHS Announces $306 Million for Avian Flu.”

Dairy Policy: Arkansas Passes Bill Allowing Raw Milk Sales
On February 20, 2025, Arkansas Governor Sarah Huckabee Sanders approved HB 1048 (PDF), which allows for  “incidental sales of raw goat milk, raw sheep milk, and [unpasteurized] whole milk . . . directly to consumers . . . [a]t the farm where the milk is produced . . . [a]t a farmer’s Market; or . . . [v]ia delivery from the farm where the milk is produced.” The bill, which became effective upon approval, also allows for advertising of raw milk sales.

Biotechnology: South Dakota Passes Bill Prohibiting ‘Misbranding’ of Cell-Cultured Protein Foods
On February 11, 2025, South Dakota Governor Larry Rhoden signed into law HB 1022 (PDF), which prohibits “the misbranding of any cell-cultured protein product.” Also announced by the governor, the new law defines “cell-cultured protein” as a “product that is produced for use as human food, made wholly or in part from any cell culture or the DNA of a host animal, and grown or cultivated outside a live animal.” Under the law, a product is deemed “misbranded” “if it is, or contains, any cell-cultured protein and does not clearly state in a prominent and conspicuous manner the words ‘cell-cultured’ or ‘lab-grown’ in type of uniform size and prominence, immediately adjacent to the name of the food on the label.”

 

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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, Do Major U.S. Ag Trading Partners Apply Tariff Reciprocity?, Luis Ribera (Center for

North American Studies), Landyn Young (Texas A&M) (Feb. 20, 2025)

Nat’l Agric. Law Ctr., Soil for Sale? State Legislative Efforts to Restrict Foreign Investments—Part Four (Feb. 20, 2025)

Ohio St. Univ. Ext. Farm Off. Blog, How Many Farms Pay Estate Taxes?, Robert Moore (Feb. 20, 2025)

Agric. Law & Tax’n Blog, Top 10 Agricultural Law and Tax Developments of 2024 (Part 3), Roger A. McEowen (Feb. 18, 2025)

Agric. Law & Tax’n Blog, Top Ten Agricultural Law and Tax Developments of 2024 (Part 2), Roger A. McEowen (Feb. 16, 2025)

Agric. Law & Tax’n Blog, The “Top Ten” of 2024 (Part One), Roger A. McEowen (Feb. 14, 2025)

Southern Ag Today, Drones Flying over My Property: What Can I do?, Rusty Rumley—Nat’l Agric. Law Ctr. (Feb. 21, 2025)

STATE ACTIONS—EXECUTIVE & LEGISLATIVE

PENNSYLVANIA EXECUTIVE AGENCIES

(Pa. Bulletin Vol. 55, No. 8—Feb. 22, 2025): 

Department of Environmental Protection

55 Pa.B. 1677 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. 1773 Notice: “County Recycling Coordinator Grant Program under Section 903 of Act 101 (Municipal Waste Planning, Recycling and Waste Reduction Act of 1988)”

PENNSYLVANIA LEGISLATURE

HR 87 “A Resolution directing the Joint State Government Commission to conduct a study reviewing the risk to critical infrastructure from foreign purchases of critical infrastructure assets and adjacent land in this Commonwealth.” Referred to AGRICULTURE AND RURAL AFFAIRS (Feb. 21, 2025)

HB 698 “An Act providing for bisphenol A-free container products.” Referred to ENVIRONMENTAL AND NATURAL RESOURCE PROTECTION. (Feb. 21, 2025)

HB 642 “An Act amending Title 58 (Oil and Gas) of the Pennsylvania Consolidated Statutes, in development, further providing for penalties.” Referred to ENVIRONMENTAL AND NATURAL RESOURCE PROTECTION (Feb. 20, 2025)

HB 659 “An Act updating and expanding the storm water planning requirements to be undertaken by counties; authorizing counties to regulate storm water within a watershed-based planning area . . . establishing the Integrated Water Resources Management Account; and making repeals.” Referred to ENVIRONMENTAL AND NATURAL RESOURCE PROTECTION (Feb. 20, 2025)

HB 664 “An Act amending . . . the State Highway Law, in special provisions affecting local authorities, providing for Road Salt Management Best Practices Guide.” Referred to ENVIRONMENTAL AND NATURAL RESOURCE PROTECTION (Feb. 20, 2025)

HB 673 “An Act providing for protection of existing riparian buffers, for restoration of impaired riparian buffers, for exemptions, for municipal authority, for powers and duties of Department of Environmental Protection, for property inspections . . . .” Referred to ENVIRONMENTAL AND NATURAL RESOURCE PROTECTION (Feb. 20, 2025)

HB 680 “An Act amending . . . The Clean Streams Law, in procedure and enforcement, further providing for summary proceedings.” Referred to ENVIRONMENTAL AND NATURAL RESOURCE PROTECTION (Feb. 20, 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.” Referred to AGRICULTURE AND RURAL AFFAIRS (Feb. 20, 2025)

FEDERAL ACTIONS—EXECUTIVE & LEGISLATIVE

U.S. ENVIROMENTAL PROTECTION AGENCY

Ahead of Summer Driving Season, EPA Allows Expanded E15 Access to Midwest States Year-Round (Feb. 21, 2025)

Administrator Zeldin Approves West Virginia’s Class VI Primacy Application (Feb. 18, 2025)

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

USDA Launches Compliance Review of University of Maine for Title IX Violations (Feb. 22, 2025)

Secretary Rollins Releases the First Tranche of Funding Under Review (Feb. 20, 2025)

Secretary Rollins Hosts a Roundtable with Farmers to Discuss Avian Flu and Other Critical Issues (Feb. 20, 2025)

Secretary Rollins Hosts a Roundtable with Forest Service Firefighters (Feb. 19, 2025)

Secretary Rollins Highlights Policy Priorities in Kansas Agriculture Roundtable and Top Producer Summit Fireside Chat (Feb. 18, 2025)

USDA AGENCY PRESS RELEASES:

Farm Service Agency

USDA Designates Jackson County, Colorado as Primary Natural Disaster Areas for Drought (Feb. 19, 2025)

USDA Announces Availability of Low-Interest Physical Loss Loans for Producers Affected by Excess Snow and High Winds (Feb. 19, 2025)

Food Safety and Inspection Service 

Salmonella Verification Testing: January 28, 2024 through January 25, 2025 (Feb. 20, 2025)

Natural Resource Conservation Service

USDA-NRCS State Technical Committee meeting set for March 12 (Feb. 20, 2025)

South Dakota NRCS State Technical Committee set for March 12 (Feb. 19, 2025)

Fiscal Year 2025 Conservation Stewardship Program Sign-up Deadline Approaching (Feb. 19, 2025)

NRCS invites public to attend Maryland State Technical Committee meeting on April 1, 2025 (Feb. 18, 2025)

Risk Management Agency

USDA Expands, Improves Crop Insurance Program for Producers Using Controlled Environments (Feb. 19, 2025)

FEDERAL EXECUTIVE AGENCIES (Federal Register—Feb. 16-22, 2025):    

Animal and Plant Health Inspection Service

90 FR 9960 Notice—Comment Period: “Notice of Request for Extension of Approval of an Information Collection; Highly Pathogenic Avian Influenza (HPAI); Additional Testing and Reporting of HPAI in Livestock and Milk” (Feb. 20, 2025)

Food Safety and Inspection Service

90 FR 9704 Notice—Comment Period: “Notice of Request to Renew an Approved Information Collection: Importation and Transportation of Meat, Poultry, and Egg Products” (Feb. 18, 2025)

90 FR 9705 Notice—Comment Period: “Notice of Request to Renew an Approved Information Collection: Registration Requirements” (Feb. 18, 2025)

90 FR 9707 Notice—Comment Period: “Notice of Request to Revise an Approved Information Collection: Imported Undenatured Inedible Product and Samples for Laboratory Examination, Research, Evaluative Testing, or Trade Show Exhibition” (Feb. 18, 2025)

Environmental Protection Agency

90 FR 10043 Proposed Rule—Comment Period: “Two Proposed Rules Published by the Environmental Protection Agency with Comment Periods That Close February 18, 2025, to February 20, 2025; Reopening of Comment Periods” (Feb. 21, 2025)

90 FR 10078 Notice—Comment Period: “Two Actions Published by the Environmental Protection Agency with Comment Periods That Close February 24, 2025, and March 17, 2025; Notice of Comment Period Extensions” (Feb. 21, 2025)

90 FR 9954 Withdrawal of Direct Final Rule: “Utah: Final Authorization of State Hazardous Waste Management Program Revisions and Incorporation by Reference; Withdrawal of Direct Final Rule” (Feb. 20, 2025)

90 FR 9959 Proposed Rule—Comment Period: “Pesticides; Petition Seeking Rulemaking to Modify Labeling Requirements for Pesticides and Devices; Extension of Comment Period” (Feb. 20, 2025)

90 FR 9958 Proposed Rule—Comment Period: “Chlorpyrifos; Tolerance Revocation; Reopening of the Comment Period” (Feb. 20, 2025)

90 FR 9844 Final Rule—Correction: “National Emission Standards for Hazardous Air Pollutants: National Perchloroethylene Air Emission Standards for Dry Cleaning Facilities Technology Review” (Feb. 19, 2025)

U.S. HOUSE AGRICULTURE COMMITTEE: 

H.R.1459 “To establish an Outdoor Restoration Fund for restoration and resilience projects, and for other purposes.” Referred to the Committees on Agriculture and Natural Resources. (Feb. 21, 2025)

H.R.1452 “To amend the Food and Nutrition Act of 2008 relating to work requirements; to amend title XIX of the Social Security Act to establish work requirements under the Medicaid program.” Referred to the Committees on Energy and Commerce and Agriculture. (Feb. 21, 2025)

H.R.1438 “To prohibit the purchase or lease of agricultural land in the United States by persons associated with certain foreign governments, and for other purposes.” Referred to the Committees on Agriculture, Foreign Affairs, and Intelligence (Permanent Select) (Feb. 18, 2025)

H.R.1420 “To amend the Food Security Act of 1985 to allow for additional agricultural lands to be enrolled under the conservation reserve enhancement program, and for other purposes.” Referred to the House Committee on Agriculture. (Feb. 18, 2025)

H.R.1417 “To expand and codify the Rural Hospital Technical Assistance Program of the Department of Agriculture and rename it as the Rural Health Care Facility Technical Assistance Program.” Referred to the House Committee on Agriculture. (Feb. 18, 2025)

H.R.1415 “To prohibit the Environmental Protection Agency from using assessments generated by the Integrated Risk Information System for rulemakings and other regulatory actions, and for other purposes.” Referred to the Committees on Energy and Commerce, Agriculture, and Transportation and Infrastructure. (Feb. 18, 2025)

H.R.1398 “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.” Referred to the House Committee on Agriculture. (Feb. 18, 2025)

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

S.670 “A bill to establish an Outdoor Restoration Fund for restoration and resilience projects, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Feb. 20, 2025)

S.638 “A bill to amend the Act of June 22, 1948.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Feb. 19, 2025)

S.629 “A bill 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.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Feb. 19, 2025)

S.618 “A bill to prohibit the purchase or lease of agricultural land in the United States by persons associated with certain foreign governments, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Feb. 18, 2025)

Agriculture-Related Legislative Hearings & Reports

Senate Agriculture, Nutrition, and Forestry Hearing: “Hearings to examine perspectives from the field, focusing on farmer and rancher views on the agricultural economy.” (Feb. 26, 2025, 10:30 AM)

 

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