January 24, 2024

Agricultural Law Weekly Review—January 24, 2024

National Agricultural Policy: Continuing Resolution Funds Government, Agriculture Until March 1, 2024 🌾
On January 19, 2024, President Joe Biden signed into law continuing resolution H.R.2872, which maintains the funding levels established in the 2023 Consolidated Appropriations Act (P.L. 117–328) for “Agriculture, Rural Development, Food and Drug Administration, and Related Agencies” and other government programs and agencies until March 1, 2024. The programs were previously funded through January 19, 2024, under continuing resolution H.R.6363, passed November 16, 20223. Congress passed the continuing resolutions in the absence of a 2024 Consolidated Appropriations Act.

National Agricultural Policy: GAO Publishes Report on USDA’s Data Collection of Foreign Agricultural Land Purchases
On January 18, 2024, the U.S. Government Accountability Office (GAO) published a report titled “Foreign Investments in U.S. Agricultural Land: Enhancing Efforts to Collect, Track, and Share Key Information Could Better Identify National Security Risks.” According to the report, the U.S. Department of Agriculture (USDA) needs to improve its data collection methods for foreign purchases of agricultural land, including “developing a real-time data system” to replace its current method of “annually compil[ing] . . . data from paper forms filed with headquarters or county offices.” GAO stated that “USDA generally agreed with [the] recommendations” and noted that “USDA has requested funding to develop a real-time data system that can be accessed by other U.S. government agencies and the public.”

Agribusiness: Senators Send Letter to SEC Requesting ‘Close Examination’ of JBS Initial Public Offering
On January 11, 2024, fifteen U.S. senators sent a letter to U.S. Securities and Exchange Commission (SEC) Chair Gary Gensler regarding JBS S.A’s upcoming initial public offering (IPO) on the New York Stock Exchange. The letter requests that the agency “closely examine JBS’s draft filing to ensure that the disclosures . . . are neither incomplete nor inaccurate in any material respect” concerning “the risks that JBS poses to potential shareholders, including its track record of corruption, human rights abuses, monopolization of the meatpacking market, as well as environmental risks” and asks the agency to decline JBS’s registration if the company “fail[s] to cure any . . . disclosure deficiencies.” The letter notes JBS’s guilty pleas for two separate bribery schemes in addition to its acquisition of Pilgrim’s Pride and Pilgrim’s subsequent guilty plea to “anticompetitive conduct” and price-fixing claims, stating, “In total, JBS estimates its current criminal exposure at $463.5 million, as well as $2.1 billion for ongoing civil, tax, and labor litigation claims.” The senators also “urge the SEC to consider how JBS’s improper access to U.S. capital markets might strengthen its market position, enhance its ability to engage in anticompetitive conduct, and adversely impact U.S. farmers and ranchers.” See also the Center’s Agricultural Antitrust Litigation Tracker.  

Agricultural Labor: Congressmembers Send Letter Seeking H-2A Wage Freeze
On January 11, 2024, seventy-five Congressmembers sent a letter to the chairwomen and ranking members of the House and Senate Committees on Appropriations asking the committees to “include an H-2A wage freeze in upcoming funding legislation.” The letter notes that “the national average [Adverse Effect Wage Rate (AEWR)] will be around $17.55, which is upwards of a mean 5 percent increase over 2023,” while “producers in Canada pay closer to $11 per hour for fieldworkers, or even approximately $1.50 per hour in Mexico.” The letter “request[s] that an upcoming government funding vehicle prohibit funds from being used to implement a wage increase or otherwise freeze the H-2A wage rates at January 2023 levels.” See also the Center’s H-2A Program Issue Tracker.  

Avian Influenza: The Philippines Issues Prohibition on Poultry Imports from California and Ohio
On January 15, 2024, the Republic of the Philippines Department of Agriculture (DA) issued a memorandum order prohibiting “the importation of domestic and wild birds and their products” from California and Ohio due to confirmed detections of highly pathogenic avian influenza (HPAI). Previously, DA also issued memorandum orders prohibiting poultry and egg imports from Iowa (Dec. 14, 2023) and Minnesota and South Dakota (Nov. 23, 2023). According to the memorandums, the Philippines and the United States have a “mutual HPAI-related agreement” in which the Philippines will enforce “a state-wide ban . . . if there are three or more counties affected with HPAI in one state.” Recently, the Philippines also prohibited poultry imports from Japan (Jan. 17, 2024), Belgium (Jan. 8, 2024), and France (Jan. 8, 2024).

Dairy Policy: Congressmembers Send Letter Asking USDA to Open Dairy Margin Coverage Enrollment
On January 16, 2024, eleven Congressmembers sent a letter to U.S. Department of Agriculture (USDA) Secretary Tom Vilsack and USDA Administrator Zach Ducheneaux requesting that USDA’s Farm Service Agency “swiftly open the sign-up period for . . . the 2024 Dairy Margin Coverage (DMC) program.” The letter notes that, in 2023, “margins for . . . dairy producers were at the smallest they’ve been since the DMC program began, and DMC was a crucial tool to hedge risk” and states that the “delay in DMC enrollment coupled with the already unpredictable nature of the industry is concerning for the farm economy.” See also the Center’s Dairy and Dairy Products Law Virtual Resource Room.

National Agricultural Policy: USDA Announces Beef Remote Grading Pilot Program
On January 19, 2024, the U.S. Department of Agriculture (USDA) Agricultural Marketing Service (AMS) announced that the agency would begin offering a Remote Grading Pilot for Beef, which will allow a remotely-located “USDA grader to assess beef carcass characteristics and assign the official quality grade,” such as “USDA Prime,” “USDA Choice,” “USDA Select,” and Certified Meat Program grades, such as “Certified Angus Beef.” The program is available to domestic, federally-inspected meat packers and processors and will be offered on a “user-fee basis.” According to the announcement, USDA will host a webinar on the new program on January 25, 2024, at 3:00pm ET.

Agricultural Finance: USDA Opens Applications for FY 2024 Value-Added Producer Grants
On January 17, 2024, the U.S. Department of Agriculture (USDA) Rural Business-Cooperative Service published in the Federal Register a notice of funding opportunity (89 FR 2919) announcing the application opening for Value-Added Producer Grants for fiscal year 2024. According to the notice, the grants are “subject to the availability of funding” because USDA has issued the notice “prior to the FY 2024 appropriations act,” although USDA “estimates that approximately $30 million will be made available for FY 2024,” “based on FY 2023 appropriated funding.” Also announced by USDA, the grants will provide “up to $75,000 for planning activities or up to $250,000 for working capital expenses related to producing and marketing a value-added agricultural product.” Applications may be submitted through Grants.gov until April 11, 2024, or through state offices until April 16, 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:

The Fair Labor Standards Act: What You Need to Know

  • Jan. 31, 2024, 1:30–2:30pm. Staff Attorney Audry Thompson presents at the Mid-Atlantic Fruit & Vegetable Convention in Hershey, PA.

Protecting Your Farm’s Food Business with Product Liability Insurance

  • Feb. 9, 2024, 4:00pm. Staff Attorney Brook Duer presents at PASA 2024 Sustainable Agriculture Conference in Lancaster, PA.

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.

Podcasts:

Agricultural Law Podcast

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

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)

Farmland Legal Energy Podcast

162. Introduction to Wind Farms and How Farmers Can Utilize Wind Power (Dec. 22, 2023)

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)

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.

Resources of Interest:

Agric. Law & Tax’n Blog, Top Ten Developments in Agricultural Law and Taxation in 2023 – (Part One), Roger McEwon (Jan. 12, 2024)

Iowa St. Univ. Ctr. Agric. Law & Tax’n, Understanding Iowa’s New Tax Rules for Retired Farmers (Jan. 11, 2024)

Ohio St. Univ. Ext. Farm Off. Blog, The Corporate Transparency Act Will Affect Many Farms, Robert Moore (Jan. 11, 2024)

Nat’l Agric. Law Ctr., State Tax Changes Enacted in 2023 Affecting Agriculture, Samantha Capaldo (Jan. 11, 2024)

Nat’l Agric. Law Ctr., Who Owns the Business? Corporate Transparency Act and Foreign Entity Disclosures, Micah Brown (Jan. 9, 2024)

Agric. Law & Tax’n Blog, Tax Issues with Customer Loyalty/Reward Programs, Roger A. McEowen (Dec. 28, 2024)

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FEDERAL ACTIONS—EXECUTIVE & LEGISLATIVE

U.S DEPARTMENT OF AGRICULTURE (USDA) PRESS RELEASES

Following Topline Budget Agreement, Congress Must Act to Fully Fund WIC in 2024 (Jan. 11, 2024)

USDA Partners with Pennsylvania to Award More Than $26 Million to Strengthen Food Supply Chain Infrastructure (Jan. 10, 2024)

Nearly 21 Million Children Expected to Receive New Grocery Benefit This Summer (Jan. 10, 2024)

USDA Reminds Producers of Upcoming Discrimination Financial Assistance Program Deadline (Jan. 8, 2024)

ENVIRONMENTAL PROTECTION AGENCY (EPA) PRESS RELEASES

Biden-Harris Administration Announces Proposed Rule to Reduce Wasteful Methane Emissions from the Oil and Gas Sector to Drive Innovation and Protect Communities (Jan. 12, 2024)

EPA Fines COIM USA for Inaccurate Reporting of Hazardous Chemical (Jan. 11, 2024)

Biden-Harris Administration Announces at Least $9,875,000 in Awards for Clean School Buses Across Arkansas as Part of Investing in America Agenda (Jan. 10, 2024)

Biden-Harris Administration Announces at Least $15,719,907 in Awards for Clean School Buses Across Louisiana as Part of Investing in America Agenda (Jan. 10, 2024)

USDA AGENCY PRESS RELEASES:

Agricultural Marketing Service (AMS)

USDA Partners with Pennsylvania to Award more than $26 Million to Strengthen Food Supply Chain Infrastructure, Secretary Vilsack visits 108th annual Pennsylvania Farm Show to highlight federal-state partnerships in growing market opportunities for produce (Jan. 10, 2024)

USDA Partners with Arkansas to Award Over $4.2 Million to Strengthen Food Supply Chain Infrastructure (Jan. 9, 2024)

USDA Partners with Maryland to Award Over $3.6 Million to Strengthen Food Supply Chain Infrastructure (Jan. 8, 2024)

Agricultural Research Service (ARS)

USDA Scientists Work to Ensure Nutritious and High-Quality Potatoes are Available During the Winter Season and All Year Round (Jan. 10, 2024)

Genetic Sleuthing Reveals New Weakness in Corn’s Herbicide Armor (Jan. 8, 2024)

Animal and Plant Health Inspection Service (APHIS)

USDA Announces Civil Penalties and License Revocation for Virginia Facility Due to Repeated Animal Welfare Act Violations (Jan. 9, 2024)

Economic Research Service (ERS)

Agricultural Productivity in the U.S. (Jan. 12, 2024)

Livestock and Meat International Trade Data (Jan. 10, 2024)

Farm Service Agency (FSA)

USDA to Reopen Signup for Continuous Conservation Reserve Program (Jan. 11, 2024)

National Agricultural Statistics Service (NASS)

USDA to kick off the National Agricultural Classification Survey (Jan. 11, 2024)

FEDERAL EXECUTIVE AGENCIES (Federal Register Jan. 8-12, 2024):   

Agricultural Marketing Service

89 FR 2198 Notice: “Notice of Availability of the Final Programmatic Environmental Assessment and Finding of No Significant Impact for AMS Local Meat Capacity Grant Program” (Jan. 12, 2024)

89 FR 2178 Proposed Rule—Comment Period: “Marketing Order for Raisins Produced From Grapes Grown in California (M.O. No. 989); Hearing” (Jan. 12, 2024)

89 FR 859 Rule: “Potato Research and Promotion Plan; Changes to Board Membership and Administrative Committee” (Jan. 8, 2024)

Agriculture Department

89 FR 1875 Notice: “Submission for OMB Review; Comment Request (Food and Nutrition Service: Improving Coordination Between SNAP and Medicaid in State Agencies)” (Jan. 11, 2024)

89 FR 1518 Notice—Comment Period: “Region 5 and Region 6; California, Oregon, and Washington; Forest Plan Amendment for Planning and Management of Northwest Forests Within the Range of the Northern Spotted Owl; Correction” (Jan. 10, 2024)

89 FR 1060 Notice: “Submission for OMB Review; Comment Request (Animal and Plant Health Inspection Service: Blood and Tissue Collection, and Recordkeeping, at Slaughtering, Rendering, and Approved Livestock Marketing Establishments and Facilities)” (Jan. 9, 2024)

Animal and Plant Health Inspection Service

89 FR 1517 Notice—Comment Period: “Importation of Fresh Rhizomes of Turmeric (Curcuma longa L.) for Consumption From Mexico Into the United States” (Jan. 10, 2024)

89 FR 1061 Notice: “Reclassification of Nuevo León, Mexico to Level V for Bovine Tuberculosis” (Jan. 9, 2024)

Environmental Protection Agency

89 FR 1822 Rule: “Per- and Poly-Fluoroalkyl Chemical Substances Designated as Inactive on the TSCA Inventory; Significant New Use Rule” (Jan. 12, 2024)

89 FR 1461 Rule: “Air Plan Approval; Kentucky; Revisions to Jefferson County Emissions Monitoring and Reporting” (Jan. 10, 2024)

89 FR 1479 Proposed Rule—Comment Period: “Air Plan Approval; District of Columbia; Removal of Stage II Gasoline Vapor Recovery Program Requirements” (Jan. 10, 2024)

89 FR 1482 Proposed Rule—Comment Period: “Approval and Promulgation of Air Quality Implementation Plans; Massachusetts; Regional Haze State Implementation Plan for the Second Implementation Period” (Jan. 10, 2024)

Natural Resources Conservation Service

89 FR 1062 Notice: “Mississippi Trustee Implementation Group Deepwater Horizon Oil Spill Final Restoration Plan 4 and Environmental Assessment: Restoration of Wetlands, Coastal, and Nearshore Habitats; Nutrient Reduction (Nonpoint Source); and Provide and Enhance Recreational Opportunities; and Finding of No Significant Impact” (Jan. 9, 2024)

Rural Housing Service

89 FR 892 Proposed Rule—Comment Period: “Revisions to the Smoke Alarm Requirements in the Section 515 Rural Rental Housing and Section 514/516 Farm Labor Housing Direct Loan Programs” (Jan. 9, 2024)

U.S. HOUSE AGRICULTURE COMMITTEE:

H.R.5701 “No Photo for Food Act of 2023” Referred to the Subcommittee on Nutrition, Foreign Agriculture, and Horticulture. (Jan. 11, 2024)

H.R.5698 “Assisting Family Farmers through Insurance Reform Measures Act” Referred to the Subcommittee on General Farm Commodities, Risk Management, and Credit. (Jan. 11, 2024)

H.R.5665 “Promoting Accessibility on Federal Lands Act of 2023” Referred to the Subcommittee on Forestry. (Jan. 11, 2024)

H.R.5631 “Producer and Agricultural Credit Enhancement Act of 2023” Referred to the Subcommittee on General Farm Commodities, Risk Management, and Credit. (Jan. 11, 2024)

H.R.6937 “The Organic Dairy Data Collection Act” Referred to the House Committee on Agriculture. (Jan. 10, 2024)

H.R.6915 “Public Lands Telecommunications Act” Referred to the House Committee on Agriculture. (Jan. 9, 2024)

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

No New Actions

STATE ACTIONS—EXECUTIVE & LEGISLATIVE 

Shapiro Administration Awards $300,000 In Veterans In Agriculture Grants During Military Appreciation Day 2024 PA Farm Show (Jan. 11, 2024)

Shapiro Administration Awards Nearly $500,000 In PA Farm Bill Grants To Prepare Next Generation For Success In Ag (Jan. 8, 2024)

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

Department of Agriculture

54 Pa.B. 150 Notice: “The Resilient Food Systems Infrastructure Program; 2024 Application Period”

Department of Environmental Protection

54 Pa.B. 154 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”

General Assembly

54 Pa.B. 136 Notice: “Recent Actions during the 2023 Regular Session of the General Assembly”

Fish and Boat Commission

54 Pa.B. 219 Notice: “Temporary Change to Fishing Regulations; Kahle Lake, Clarion and Venango Counties”

PENNSYLVANIA LEGISLATURE

SB 1028 “An Act amending the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, further providing for prohibited acts and penalties” Referred to JUDICIARY. (Jan. 12, 2024)

HB 1947 “An Act providing for consumer data privacy, for rights of consumers and duties of businesses relating to the collection of personal information and for duties of the Attorney General” Referred to CONSUMER PROTECTION, TECHNOLOGY AND UTILITIES. (Jan. 9, 2024)

HB 1953 “An Act requiring notification of employees, the Department of Labor and Industry and municipalities when mass layoffs and business closings occur; and providing for civil penalties and for powers and duties of the Department of Labor and Industry.” Referred to LABOR AND INDUSTRY. (Jan. 9, 2024)

HB 1751 “An Act amending the act of October 13, 2010 (P.L.506, No.72), known as the Construction Workplace Misclassification Act, further providing for definitions, for improper classification of employees and for criminal penalties; providing for private right of action; further providing for administrative penalties, for retaliation for action prohibited, for availability of information, for use of penalty funds and for funding; and imposing penalties” Referred to LABOR AND INDUSTRY. (Jan. 8, 2024)

 

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