February 5, 2024

Agricultural Law Weekly Review—February 5, 2024

Agribusiness: Kubota Enjoined from Labeling Imported Products as ‘Made in USA,’ Will Pay $2 Million 🌾
On January 25, 2024, the U.S. District Court for the Northern District of Texas issued a stipulated order permanently enjoining Kubota North America from claiming that its products are “Made in the United States” (MUSA) when the products do not comply with the “Made in USA Labeling Rule” (16 C.F.R. Part 323). United States v. Kubota North America Corporation, No. 3:24-cv-00159. According to a complaint filed by the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC), Kubota “incorrectly recorded ‘USA’ as the origin of wholly-imported parts in its sales databases” and “failed to update package designs that incorporated MUSA labels after shifting production of those products overseas.” Because of these systemic failures, DOJ states that, since 2021, “Kubota has sold millions of wholly-imported replacement parts with false MUSA labels.” Additionally, DOJ noted that, in 1999, the company entered into a settlement agreement with the FTC for the same mislabeling activities and, as such, “Kubota has had actual notice since at least 1998 that it is a violation . . . to advertise or label a product as MUSA” if significant components of the product contain imported material or use foreign labor. Also announced by DOJ, the order requires Kubota to pay $2 million in penalties.

National Agricultural Policy: Fish and Wildlife Service Initiates Endangered Species Status Reviews for Nine Species
On January 24, 2024, the U.S. Department of Interior (DOI) Fish and Wildlife Service (FWS) published in the Federal Register a notification of petition findings and initiation of status reviews (88 FR 4884) following the completion of 90-day findings on petitions to list additional new species under the Endangered Species Act (ESA). Of the ten petitions, FWS found that nine “contained substantial information that listing may be warranted,” and that status reviews will be initiated for the following species: betta hendra, betta rutilans, Hickory Nut Gorge green salamander, pygmy rabbit, Railroad Valley toad, Southern Plains bumble bee, southwest spring firefly, white-margined penstemon, and yellow-spotted woodland salamander. FWS found that the petition to list the eastern hellbender “[did] not present substantial information” to support a status review for the species. FWS requests additional information relating to the “status of, or threats to” the nine species that will undergo status reviews.

Biosecurity: APHIS Proposes Removing 5 Agents From Biological Select Agents and Toxins List
On January 30, 2024, the U.S. Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) published in the Federal Register a proposed rule (88 FR 5795) to remove five select agents from the Biological Select Agents and Toxins (BSAT) list: Brucella abortus, Brucella suis, and Brucella melitensis, African horse sickness virus, and Peronosclerospora philippinensis. This proposal follows APHIS’s completion of its biennial review of the BSAT list. Also announced by the agency, APHIS states that the agents should be removed because they “pose little risk to animal health or the economy because they are unlikely to spread due to modern production practices.” APHIS will accept comments on the proposed rule until April 1, 2024.

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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 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

256. EPA Proposes More Stringent Meat and Poultry Processing Plant Effluent Discharge Standards (Jan. 24, 2024).

255. EPA’s Response to Federal Court’s Decision on Chlorpyrifos Use (Jan. 19, 2024)

Farmland Legal Energy Podcast

162. Introduction to Wind Farms and How Farmers Can Utilize Wind Power

160. Methane Production From Manure

159. An Introduction to Hydrogen and Agriculture

Resources of Interest:

Agric. Law & Tax’n Blog, Top Ten Developments in Agricultural Law and Taxation in 2023 – (Part Six): Foreign Ownership of Agricultural Land, Roger McEowen (Jan. 27, 2024)

Ohio St. Univ. Ext. Farm Off. Blog, Is Your Farm Business Ready for Your Death?, David Marrison (Jan. 26, 2024)

Nat’l Agric. Law Ctr., Challenges to the 2023 U.S. Department of Labor H-2A AEWR Methodology Rule, Samantha Capaldo (Jan. 25, 2024)

Ohio St. Univ. Ext. Farm Off. Blog, When farm animals escape, who’s liable?, Peggy Hall (Jan. 23, 2024)

Agric. Law & Tax’n Blog, Top Ten Developments in Agricultural Law and Taxation in 2023 – (Part Five): California’s Proposition 12 and the U.S. Supreme Court, Rofer McEowen (Jan. 23, 2024)

Nat’l Agric. Law Ctr., USDA Proposes Updates to Foreign Held Agricultural Land Reporting, Micah Brown (Jan. 23, 2024)

Agric. Law & Tax’n Blog, Top Ten Developments in Agricultural Law and Taxation in 2023 – (Part Four): The Employee Retention Credit, Roger McEowen (Jan. 22, 2024)

Tex. A&M Agric. Law Blog, US Supreme Court Considers Texas Takings Case, Tiffany Dowell Lashmet (Jan. 22, 2024)

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FEDERAL ACTIONS—EXECUTIVE & LEGISLATIVE

U.S DEPARTMENT OF AGRICULTURE (USDA) PRESS RELEASES

USDA Invests Approximately $11.5 Million in Composting and Food Waste Reduction Projects in 23 States (Jan. 25, 2024)

USDA Urban and Community Forestry Program Award to Spur New Tree Cover Near Urban Congregations (Jan. 23, 2024)

Biden-Harris Administration Invests $207 Million in Clean Energy and Domestic Fertilizer Projects to Strengthen American Farms and Businesses as part of Investing in America Agenda (Jan. 22, 2024)

ENVIRONMENTAL PROTECTION AGENCY (EPA) PRESS RELEASES

EPA, HUD, DOE Sign Joint Letter Asking Utility Companies to Make Energy and Water Usage Data Available for Multifamily Properties (Jan. 25, 2024)

EPA Approves Permits to Begin Construction of Wabash Carbon Services Underground Injection Wells in Indiana’s Vermillion and Vigo Counties (Jan. 24, 2024)

Montana to reduce indoor air pollution in high-need communities from wildfire smoke events through EPA grant (Jan. 23, 2024)

USDA AGENCY PRESS RELEASES:

Agricultural Marketing Service (AMS)

USDA Settles a Packers and Stockyards Case against Ravenna Auction LLC and Laverne Lettinga (Jan. 26, 2024)

USDA Settles a Packers and Stockyards Case against Lake Odessa Livestock Auction Inc. and Laverne Lettinga (Jan. 26, 2024)

USDA Partners with Illinois to Award Over $5 Million to Strengthen Food Supply Chain Infrastructure (Jan. 22, 2024)

Animal and Plant Health Inspection Service (APHIS)

APHIS Conducts Biennial Review, Proposes to Remove Brucella from Select Agents and Toxins Registration List (Jan. 26, 2024)

Farm Service Agency (FSA)

USDA Announces No Actions Under Feedstock Flexibility Program (Jan. 26, 2024)

USDA Invests Approximately $11.5 Million in Composting and Food Waste Reduction Projects in 23 States (Jan. 25, 2024)

USDA Encourages Producers Participating in Conservation Reserve Program to Consider Forest Management Incentive (Jan. 25, 2024)

Forest Service

USDA Forest Service celebrates historic investments in 2023 (Jan. 23, 2024)

National Institute of Food and Agriculture

GusNIP Awards First Funding to U.S. Insular Areas (Jan. 26, 2024)

NIFA Invests $4.45M in Tribal Colleges Research (Jan. 24, 2024)

Research Supporting Midsize Producers (Jan. 23, 2024)

Natural Resources Conservation Service (NRCS)

USDA Invests Approximately $11.5 Million in Composting and Food Waste Reduction Projects in 23 States (Jan. 25, 2024)

Application deadline for NRCS EQIP and AMA programs March 29 (Jan. 22, 2024)

FEDERAL EXECUTIVE AGENCIES (Federal Register Jan. 22-26, 2024):   

Agricultural Marketing Service

89 FR 4835 Proposed Rule—Comment Period: “Marketing Order Regulating the Handling of Spearmint Oil Produced in the Far West; Salable Quantities and Allotment Percentages for the 2024-2025 Marketing Year” (Jan. 25, 2024)

89 FR 4165 Rule: “Raisins Produced From Grapes Grown in California; Temporary Suspension of Continuance Referendum” (Jan. 23, 2024)

Agriculture Department

89 FR 4894 Notice: “Submission for OMB Review; Comment Request [Animal and Plant Health Inspection Service: Export Health Certificate for Animal Products]” (Jan. 25, 2024)

89 FR 4590 Notice: “Submission for OMB Review; Comment Request [Food Safety and Inspection Service: Small and Very Small Establishment Outreach Survey]” (Jan. 24, 2024)

Environmental Protection Agency

89 FR 5227 Notice: “United States Department of Justice and Parties to Certain Litigation; Transfer of Information Potentially Containing Confidential Business Information” (Jan. 26, 2024)

89 FR 5318 Proposed Rule—Comment Period: “Waste Emissions Charge for Petroleum and Natural Gas Systems” (Jan. 26, 2024)

89 FR 4944 Notice: “Pesticides; Request for Stakeholder Input on the Proposed Design of Assistance Agreements for a National Farmworker Training and Education Program; Notice of Availability and Opportunity for Comment” (Jan. 25, 2024)

89 FR 4474 Proposed Rule—Comment Period: “Clean Water Act Effluent Limitations Guidelines and Standards for the Meat and Poultry Products Point Source Category” (Jan. 23, 2024)

89 FR 4196 Rule: “Linuron; Pesticide Tolerances” (Jan. 23, 2024)

U.S. HOUSE AGRICULTURE COMMITTEE:

H.R.6690 “To amend the Commodity Credit Corporation Charter Act to authorize the use of Commodity Credit Corporation funds for emergency assistance to dairy producers in the case of livestock relocation and feed crop losses due to natural disasters, and for other purposes.” Referred to the Subcommittee on Livestock, Dairy, and Poultry. (Jan. 25, 2024)

H.R.6665 “MARKET CHOICE Act” Referred to the Subcommittee on Commodity Markets, Digital Assets, and Rural Development. (Jan. 25, 2024)

H.R.6569 “EFFECTIVE Food Procurement Act” Referred to the Subcommittee on Nutrition, Foreign Agriculture, and Horticulture. (Jan. 25, 2024)

H.R.6441 “Ranching Without Red Tape Act of 2023” Referred to the Subcommittee on Livestock, Dairy, and Poultry. (Jan. 24, 2024)

H.R.6413 “Agricultural Biorefinery Innovation and Opportunity Act of 2023” Referred to the Subcommittee on General Farm Commodities, Risk Management, and Credit. (Jan. 24, 2024)

H.R.5763 “To establish as a permanent program the organic market development grant program of the Department of Agriculture.” Referred to the Subcommittee on Nutrition, Foreign Agriculture, and Horticulture. (Jan. 24, 2024)

H.R.7064 “To amend the Farm Security and Rural Investment Act of 2002 to include the provision of tree nuts (including shelled tree nuts) under the seniors farmers’ market nutrition program, and for other purposes.” (Jan. 22, 2024)

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

S.3674 “A bill to amend the Richard B. Russell National School Lunch Act and the Child Nutrition Act of 1966 to prohibit the use of cell-cultivated meat under the school lunch program and the school breakfast program.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Jan. 25, 2024)

S.3666 “A bill to amend the Agricultural Foreign Investment Disclosure Act of 1978 to establish an additional reporting requirement, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Jan. 25, 2024)

S.3661 “A bill to direct the Secretary of Agriculture to periodically assess cybersecurity threats to, and vulnerabilities in, the agriculture and food critical infrastructure sector and to provide recommendations to enhance their security and resilience, to require the Secretary of Agriculture to conduct an annual cross-sector simulation exercise relating to a food-related emergency or disruption, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Jan. 25, 2024)

S.3637 “Farm to Fly Act of 2024” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Jan. 23, 2024)

STATE ACTIONS—EXECUTIVE & LEGISLATIVE 

Shapiro Administration, DEP Requires All Fracking Companies to be More Transparent About Chemicals Used in Drilling (Jan. 26, 2024)

Shapiro Administration Awards Funding to Protect Lake Erie Coastal Zone (Jan. 24, 2024)

Shapiro Administration Awards Funding to Protect Delaware Estuary Coastal Zone (Jan. 24, 2024)

PENNSYLVANIA EXECUTIVE AGENCIES (Pa. Bulletin Vol. 54, No. 2—Jan. 13, 2023): 

Delaware River Basin Commission

54 Pa.B. 389 “Public Hearing and Business Meeting”

Department of Environmental Protection

54 Pa.B. 391 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. 473 Notice: “Suspension of Enforcement of Initial Annual Reports”

54 Pa.B. 473 Notice: “Withdrawal of Technical Guidance”

PENNSYLVANIA LEGISLATURE

SB 586 “An Act amending Title 65 (Public Officers) of the Pennsylvania Consolidated Statutes, in ethics standards and financial disclosure, further providing for restricted activities.” Referred to ENVIRONMENTAL RESOURCES AND ENERGY. (Jan. 22, 2024)

SB 587 “An Act amending the act of July 7, 1980 (P.L.380, No.97), known as the Solid Waste Management Act, in enforcement and remedies, providing for criminal proceedings. [Providing the Attorney General with Concurrent Jurisdiction in Environmental Crimes]” Referred to ENVIRONMENTAL RESOURCES AND ENERGY. (Jan. 22, 2024)

 

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