January 7, 2025

Agricultural Law Weekly Review—January 7, 2025

Agribusiness: Fifth Circuit Reinstates Corporate Transparency Act Injunction After Brief Reversal, Government Files Petition for Certiorari 🌾
On December 26, 2024, the U.S. Court of Appeals for the Fifth Circuit issued an order vacating its December 23 stay of the district court’s preliminary injunction of the Corporate Transparency Act (CTA) and its Beneficial Ownership Information reporting requirements, reinstating the pause on the January 1, 2025 compliance deadline for entity owners to file with the U.S. Treasury’s Financial Crimes Enforcement Network (FinCEN). See Agricultural Law in the Spotlight article: Fifth Circuit Reinstates Corporate Transparency Act Injunction After Brief Reversal, Government Files Petition for Certiorari.

National Agricultural Policy: President Signs ‘American Relief Act, 2025,’ Extends Farm Bill
On December 21, 2024, President Joe Biden signed into law H.R. 10545 (P.L. 118-158), titled the “American Relief Act, 2025.” The law extends the 2018 Farm Bill, the Agricultural Improvement Act of 2018, until September 30, 2025, the end of the fiscal year. The law also extends certain commodity support programs until December 31, 2025, the end of the crop year, including dairy margin coverage. Additionally, the law provides $31 billion in disaster relief for agriculture producers. For more on the Farm Bill and the 2025 extension, see Congressional Research Service Reports, “Expiration of the 2018 Farm Bill and Extension for 2025” (Dec. 26, 2024).

Avian Influenza: USDA Requires Biosecurity Audit After HPAI Infections for Indemnity Eligibility
On December 31, 2024, the U.S. Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) published in the Federal Register an interim final rule (89 FR 106981) “requiring commercial poultry premises to successfully pass a biosecurity audit prior to restocking if they were previously [Highly Pathogenic Avian Influenza] HPAI-infected and wish to be eligible for indemnity for the restocked poultry,” effective upon publication. Also announced by APHIS, the agency states that it “will also require a biosecurity audit for commercial poultry premises within the ‘buffer zone’ (minimal 7 km radius around the infected zone) prior to movement of poultry onto the premises if the owner wishes to be eligible for future indemnity for the poultry moved onto the premises” and “will not pay indemnity for flocks moved onto premises in active infected zones if the flocks become infected with HPAI within 14 days following the dissolution of the control area around an active infected premises.” According to the announcement, “APHIS has made indemnity payments to over 1,200 producers [since the beginning of the current HPAI outbreak in 2022]; of these, 67 unique commercial poultry premises have had at least two HPAI infections during the current outbreak, including 18 premises infected three or more times. Those with reinfections have received over $365 million in indemnity payments, out of nearly $1.1 billion that has been distributed in total.” The interim final rule is open for public comment until March 3, 2025 (APHIS-2023-0088).

Antitrust: Federal Court Enjoins Kroger-Albertsons Merger, Companies Withdraw Merger Proposal
On December 10, 2024, the U.S. District Court for the District of Oregon issued an opinion and order preliminarily enjoining the proposed merger between Kroger and Albertsons in a challenge brought by the Federal Trade Commission (FTC), the District of Columbia, and eight states. See Agricultural Law in the Spotlight article: Federal Court Enjoins Kroger-Albertsons Merger, Companies Withdraw Merger Proposal.

Agricultural Labor: DOL Guidance Reverts to Prior H-2A Form, Pauses Job Order Processing
On December 20, 2024, the U.S. Department of Labor (DOL) issued updated guidance regarding the 2024 Farmworker Protection Final Rule in response to the preliminary injunction and stay of the rule recently issued by two federal district courts. According to the guidance, DOL will discontinue its use of the June 28, 2024 version of the forms associated with the rule and revert to the June 27, 2024 version under 20 CFR part 655, subpart B. Additionally, DOL states that it has deleted H-2A job orders that were initiated but unsubmitted as of November 27, 2024, and has “ceased further processing of all pending H-2A job orders and Applications for Temporary Employment Certification” that were submitted with the June 28 forms. Under the guidance, employers who submitted such orders may withdraw their applications and the National Processing Center “will grant a waiver of the regulatory time period for filing new H-2A job orders and Applications for Temporary Employment Certification” using the June 27 forms. However, DOL states that the “waiver does not extend to certified applications that are withdrawn and refiled.” See also ALWR—Dec. 10, 2024, “Two Federal Courts Block ‘Temporary Ag Workers’ Rule, Nationwide Stay Issued” and the Center’s H-2A Program Issue Tracker.

Agricultural Labor: DHS Publishes Final Rule Amending H-2 Program
On December 18, 2024, the U.S. Department of Homeland Security (DHS) published in the Federal Register a final rule (89 FR 103202) titled “Modernizing H-2 Program Requirements, Oversight, and Worker Protections” (USCIS-2023-0012). Also announced by DHS, the H-2 final rule revises regulations for the H-2A temporary agricultural and H-2B temporary nonagricultural worker programs—including denying H-2 petitions to companies that charge prohibited fees to H-2 workers, granting to H-2 workers whistleblower protections comparable to those of H-1B workers, and replacing the “interrupted” stay provisions with a uniform, 60-day period of absence from the United States to reset the 3-year clock, among many other changes. The final rule becomes effective January 17, 2025. See also ALWR—Sept. 25, 2023, “DHS Publishes Proposed Rule Amending H-2 Program” and the Center’s H-2A Program Issue Tracker.

International Trade: Panel Finds Mexico’s GM Corn Prohibitions ‘Inconsistent with USMCA’
On December 20, 2024, a panel formed pursuant to the United States-Mexico-Canada Agreement (USMCA) issued its final report finding that Mexico’s measures prohibiting the use of genetically modified corn are inconsistent with the USMCA for several reasons, including “because the Measures are not based on relevant scientific principles.” According to press releases from the U.S. Department of Agriculture and the U.S. Trade Representative, “Mexico has 45 days from the date of the final report to comply with the Panel’s findings.” For background, see ALWR—Aug. 28, 2023, “United States Requests USMCA Dispute Panel Over Mexican GMO Corn Ban.”

International Trade: EU Delays Implementation of ‘Deforestation-Free Products’ Regulation Until December 2025
On December 17, 2024, the European Parliament and Council of the European Union (EU) adopted Procedure 2024/0249/COD (English PDF), delaying until December 30, 2025, the implementation of the EU’s Regulation on Deforestation-free Products (EUDR) (Regulation (EU) 2023/1115), previously set to become effective December 30, 2024. Under the EUDR, products derived from palm oil, soy, wood, cocoa, coffee, cattle, and rubber may only be imported to, exported from, or traded within the EU if the operators or traders of the products “prove that the products do not originate from recently deforested land or have contributed to forest degradation.” Also announced by the Council of the EU, the Council states that the “postponement will allow third countries, member states, operators and traders to be fully prepared in terms of their due diligence obligations, to ensure that certain commodities and products sold in the EU or exported from the EU are deforestation-free.”

International Trade: EU, Mercosur Countries Finalize Trade Agreement
On December 5, 2024, the European Commission (EC) announced that the EC President and officials from four Mercosur countries (Brazil, Argentina, Paraguay, and Uruguay) had finalized negotiations for the EU-Mercosur trade agreement. According to fact sheets on the partnership agreement and its provisions for agriculture, the agreement removes tariffs on many EU exports, including olive oil, malt, wine, other beverages, and chocolates, and “will enable EU exporters to save over 4 billion euros in customs duties per year.” According to the announcement, “[t]he end of negotiations constitutes the first step in the process towards conclusion of the agreement.” The EC states, “Following final legal scrubbing by both sides, the text will be translated into all official EU languages and then submitted to the [EU] Council and Parliament” for final ratification.

Food Labeling: FDA Publishes Final Rule Updating ‘Healthy’ Food Claim
On December 27, 2024, the U.S. Food and Drug Administration (FDA) published in the Federal Register a final rule (89 FR 106064) amending the definition of “healthy” for food product labels to conform to the 2020–2025 Dietary Guidelines for Americans, which advises individuals to meet their nutritional needs by consuming “a variety of nutrient-dense foods” (FDA-2016-D-2335). Also announced by FDA, the final rule updates the “healthy” claim to require that foods bearing the claim “meet specific limits for added sugars, saturated fat and sodium” and provide a minimum amount of food from a recommended food group or subgroup from the guidelines: vegetables, fruits, grains, dairy, proteins, or oils. The final rule also allows for certain foods and drinks with no added ingredients except for water to automatically qualify under the updated “healthy” claim, including “vegetables, fruits, whole grains, fat-free and low-fat dairy, lean game meat, seafood, eggs, beans, peas, lentils, nuts, and seeds.” The updated “healthy” claim also includes foods like “avocados, higher fat fish, such as salmon, and olive oil.” FDA states that the agency is continuing to “explore development” of a standardized symbol that “manufacturers could use on food labeling to show that a product meets the definition of ‘healthy.’” The final rule is effective February 25, 2025, and the compliance date is February 25, 2028.

Dairy Policy: Federal Court Dismisses Complaint Claiming School Lunch ‘Milk Marketing Protections’ Violate Student Speech
On November 30, 2024, the U.S. District Court for the Central District of California issued a decision dismissing a complaint filed against the U.S. Department of Agriculture (USDA) alleging that the “Milk Marketing Protections” (7 C.F.R. § 210.10(d)(4)) of the National School Lunch Program violated the plaintiff’s rights to engage in “student speech” involving the alleged harms of dairy consumption. Marielle Williamson v. USDA, No. 2:23-cv-03307. The plaintiff student claimed that, because of USDA’s regulation providing that a participating “school food authority . . . must not directly or indirectly restrict the sale or marketing of fluid milk at any time or in any place on school premises,” her high school required her to distribute “USDA-generated Dairy Promotions . . . in conjunction with materials critical of dairy,” improperly compelling her speech in violation of the First Amendment. The court found that the plaintiff did not have standing to sue USDA for the actions of her school after she settled with the school district and the school district defendants were removed from the action. Additionally, the court found that the plaintiff’s claims were moot because she had since graduated from high school, and dismissed the complaint without leave to amend.

Dairy Policy: UK Court of Appeal Finds Oatly’s ‘Post-Milk Generation’ Trademark Invalid
On November 29, 2024, the United Kingdom Court of Appeal (Civil Division) issued a judgment reinstating the finding of the UK Intellectual Property Office (IPO), which had declared Swedish plant-based beverage company Oatly’s “Post Milk Generation” trademark invalid for its “use of the term ‘milk’ in relation to products that are not mammary secretions.” Oatly had appealed the IPO decision to the UK Business and Property Court, which issued a judgment allowing the appeal, stating that “the term complained of—‘milk’—appears in a trade mark which, by its nature, is distinctive of, indicates a unique trade source for, and is not descriptive of, the goods for which it is registered.” However, the British dairy trade group Dairy UK appealed the Business and Property Court’s decision to the Court of Appeal, which determined that “the hearing officer was correct to start with the fact that ‘milk’ is a designation . . . [and] therefore cannot be used in relation to any product which is not ‘milk’ as defined [by regulation],” noting that “it is immaterial that the Trade Mark contains two other qualifying words” or “that it is registered as a trademark in relation to the goods in question”—oat-based beverages.

Food Safety: Wisconsin Appellate Court Reverses ‘Unconstitutional’ Finding of State Retail Food Establishment Laws for ‘Unbaked, Not Potentially Hazardous’ Foods
On November 19, 2024, the Wisconsin Court of Appeals for District I (Milwaukee) issued a decision reversing and lifting the injunction issued by the lower circuit court’s order, which had found the state’s retail food establishment laws unconstitutional as applied to sellers of “unbaked, not potentially hazardous, homemade foods” “such as chocolates, fudges, fried squash fritters, candies, dried herbs and roasted coffee beans.” See Agricultural Law in the Spotlight article: Wisconsin Appellate Court Reverses ‘Unconstitutional’ Finding of State Retail Food Establishment Laws for ‘Unbaked, Not Potentially Hazardous’ Foods.

Marketing Orders: USDA Proposes Referendum for Natural Grass Sod Research and Promotion Order
On December 10, 2024, the U.S. Department of Agriculture (USDA) Agricultural Marketing Service (AMS) published in the Federal Register a proposed rule order and referendum (89 FR 99149) “to establish an industry-funded promotion, research, and information program for natural grass sod products . . . the Natural Grass Sod Promotion, Research, and Information Order” (AMS-LP-21-0028). Also announced by AMS, the agency states that, “[u]nder the order, producers would pay an initial assessment rate of one-tenth of one penny per square foot . . . of natural grass sod products” and specifies that “[n]o natural grass sod producer would be exempt from paying the assessment unless producing a certified organic product under the USDA’s National Organic Program.” The referendum voting period is open from January 13, 2025 through February 11, 2025 for eligible, current natural grass sod producers.

Conservation Programs: FWS Proposes Rule to Designate Monarch Butterfly as Threatened Under Endangered Species Act
On December 12, 2024, the U.S. Fish and Wildlife Service (FWS) published in the Federal Register a proposed rule (89 FR 100662) to designate the monarch butterfly as threatened under the Endangered Species Act (ESA) and designate “approximately 4,395 acres in Alameda, Marin, Monterey, San Luis Obispo, Santa Barbara, Santa Cruz, and Ventura Counties, California” as critical habitat for the butterfly. Also announced by FWS, the agency states that the monarch butterfly’s eastern migratory population has decreased by about 80% since the 1980s and its western migratory population has decreased by about 95%. The proposed rule is open for public comment until March 12, 2025 (FWS-R3-ES-2024-0137).

Pesticides: EPA Announces Proposed Rule to Eliminate Chlorpyrifos in All but Eleven Crops
On December 10, 2024, the U.S. Environmental Protection Agency (EPA) published in the Federal Register a proposed rule (89 FR 99184) “revok[ing] all tolerances for residues of chlorpyrifos, except for . . . on the following crops: alfalfa, apple, asparagus, tart cherry, citrus, cotton, peach, soybean, strawberry, sugar beet, and spring and winter wheat.” Also announced by EPA, the proposed rule follows the Eight Circuit’s November 2023 opinion holding that the EPA had improperly “revoked all tolerances” for the pesticide in its August 2021 rule, after which EPA reinstated all tolerances in February 2024. According to EPA, “retaining only the 11 food uses could decrease average annual pounds of chlorpyrifos applied in the U.S. by 70% as compared to historical usage.” Additionally, EPA states that “the registration review process for chlorpyrifos is ongoing” and that the agency “plans to issue an amended [Proposed Interim Registration Review Decision] for chlorpyrifos for public comment followed by an Interim Decision in 2026.” The current proposed rule is open for public comment until February 10, 2025 (EPA-HQ-OPP-2021-0523). See also the Center’s Chlorpyrifos Issue Tracker.

Pesticides: EPA Publishes Notice on Proposed Atrazine Mitigation Measures
On December 5, 2024, the U.S. Environmental Protection Agency (EPA) published in the Federal Register a notice (89 FR 96650) announcing and requesting comments on the agency’s mitigation proposal for the herbicide atrazine, commonly used on corn, sorghum, and sugarcane (EPA-HQ-OPP-2013-0266). According to the notice, the mitigation proposal “incorporates the revised level of concern of 9.7 micrograms per liter” and “includes placing mitigations on the product labeling, directing users to EPA’s mitigation menu website and to the Bulletins Live! Two system.” Additionally, the published documents include a map of atrazine 60-day averages and a spreadsheet of mitigations by county—which indicates several Pennsylvania counties requiring 3 to 6 points of mitigation. The mitigation proposal is open for public comment until February 3, 2025.

Pesticides: Federal Court Finds Neonicotinoid Treated Seeds Properly Exempted from FIFRA Registration
On November 20, 2024, the U.S. District Court for the Northern District of California issued an order finding that the Environmental Protection Agency (EPA) had correctly exempted neonicotinoid-coated seeds under the Federal Insecticide, Fungicide, and Rodenticide Act’s (FIFRA) Treated Article Exemption and, accordingly, such coated seeds need not be registered independently as pesticides. Center for Food Safety v. Environmental Protection Agency, No. 3:23-cv-02714. See also ALWR—June 12, 2023, “Environmental Groups File Suit to Compel FIFRA Regulation of Pesticide-Coated Seeds.” For more, see Brigit Rollins, Federal Court Upholds Treated Seeds Exemption, National Agricultural Law Center (Dec. 3, 2024).

Environmental Policy: Montana Supreme Court Upholds Youth Climate Rights Ruling
On December 18, 2024, the Supreme Court of the State of Montana issued a 6-1 opinion affirming a 2023 state trial court decision holding that the youth plaintiffs have a “fundamental constitutional right to a clean and healthful environment” under the Montana State Constitution. Held v. State, DA 23-0575. The court held that the Montana Environmental Policy Act’s (MEPA) prohibitions (HB 917/SB 0557) precluding analyses of proposed fossil fuel projects’ greenhouse gas (GHG) emissions “or corresponding impacts to the climate in the state or beyond the state’s borders” violate the state’s constitution, stating, “The fact that climate change impacts extend beyond Montana’s borders . . . does not allow the State to disregard its contributions to environmental degradation within Montana.” The court additionally stated that “Montana’s right to a clean and healthful environment and environmental life support system includes a stable climate system, which is clearly within the object and true principles of the Framers’ inclusion of the right to a clean and healthful environment.”

Environmental Policy: City of Everett Grants Snohomish River ‘Right to Exist, Regenerate and Flourish’
On November 5, 2024, voters in Everett, Washington voted 57–43% to adopt Initiative 24-03, which “grant[s] the Snohomish River Watershed the legal right to exist, regenerate and flourish,” a right “enforc[able] by any resident of the City of Everett.” According to a Snohomish County voter’s pamphlet (full text), the right “includes the right to naturally flow and recharge, the right to maintain the water qualify necessary for native plants and wildlife . . . the right to provide clean water . . . [and] the right to be free from activities or projects that interfere with those other rights.” Under the adopted initiative, violators “could be liable for damages, which would be paid to the City to use exclusively to restore the Watershed and repair any damages.” The initiative specifies, “Violations would not need to be proven to a scientific certainty.”

Regulatory Policy: D.C. Circuit Finds CEQ Has No Statutory Rulemaking Authority
On November 12, 2024, the U.S. Court of Appeals for the D.C. Circuit issued an opinion finding that “[n]o statutory language states or suggests that Congress empowered [the Council on Environmental Quality (CEQ)] to issue rules binding on other agencies—that is, to act as a regulatory agency rather than as an advisory agency.” Marin Audubon Society v. FAA, No. 23-1067. The court additionally stated that the “[National Environmental Policy Act (NEPA)] contains nothing close to the sort of clear language Congress typically uses to confer rulemaking authority.” For more on the implications of the court’s opinion, see Brigit Rollins—National Agricultural Law Center, “D.C. Circuit Rules that CEQ Lacks Rulemaking Authority,” Southern Ag Today 5(1.5) (Jan. 3, 2025).

Checkoff Programs: Federal Court Dismisses FOIA Claim Seeking USDA Beef Checkoff Audit Documents
On November 12, 2024, the U.S. District Court for the District of Columbia issued an opinion granting summary judgment in favor of the U.S. Department of Agriculture (USDA) in a Freedom of Information Act (FOIA) challenge seeking documents relating to the Office of Inspector General’s 2011 audit of the Agricultural Marketing Service’s (AMS) oversight of USDA’s beef promotion program. Organization for Competitive Markets v. USDA, No. 14-cv-01902. The complaint, filed in 2014, asked the court to force USDA “to conduct a lawfully adequate search for all responsive records; [and] make a final compliance determination and . . . promptly disclose all responsive agency records, including those wrongfully withheld.” The court held that USDA-OIG’s search for responsive documents was adequate under FOIA obligations, and that certain information was “properly withheld” under the applicable exceptions such that USDA-OIG had “satisfied their FOIA obligations with respect to segregability.”

Biotechnology: Federal Court Vacates, Remands USDA’s ‘SECURE’ Rule
On December 2, 2024, the U.S. District Court for the Northern District of California issued an order vacating and remanding the U.S. Department of Agriculture (USDA) Animal and Plant Health Inspection Service’s (APHIS) “Sustainable, Ecological, Consistent, Uniform, Responsible, Efficient,” or “SECURE” rule (85 FR 29790), which regulates the “importation, interstate movement, and environmental release” of genetically engineered organisms. Nat’l Family Farm Coalition v. Vilsack, No. 3:21-cv-5695. The court determined that APHIS did not “compl[y] with the [Administrative Procedure Act]’s basic requirement that agencies articulate the bases of their decisions,” stating, “APHIS’s errors are significant. For over a decade it believed it should incorporate its noxious-weed authority into its part 340 regulations due to specific concerns APHIS itself identified. The final rule does the opposite without so much as a mention of the concerns identified . . . . This is not an error of a ‘technical nature.’” According to its Regulatory Status Review webpage, “APHIS is determining next steps and will provide additional guidance to stakeholders,” although the agency states that “active permits that USDA issued prior to Dec. 2, 2024, remain valid.” See also, ALWR—May 22, 2020, “USDA Publishes Revised Approval Process Regulations for Genetically Engineered Organisms” and the Center’s Bioengineered Food Disclosure Issue Tracker.

Biotechnology: Federal Court Denies Preliminary Injunction of Florida Cultivated Meat Prohibition, Appeal Filed
On October 11, 2024, the U.S. District Court for the Northern District of Florida issued an order denying a preliminary injunction against Florida’s recently passed SB 1084 (Fla. Stat. §§500.452(1)–(6)), which prohibits the manufacture and sale of cultivated meat products. Upside Foods Inc. v. Simpson, No. 4:24-cv-00316. The court held that the plaintiff cultivated meat company had “failed to meet its burden to establish that it is substantially likely to succeed on the merits of its express preemption claims under” the Poultry Products Inspection Act (PPIA). Although the court determined that the plaintiff’s “cultivated chicken meat falls within the statutory definition of ‘poultry’ . . . of the [PPIA] . . . and thus, is under the USDA’s regulatory authority, this does not mean that a state is expressly preempted from banning the sale of that particular kind of poultry product.” On November 1, 2024, the plaintiffs filed an amended complaint further detailing the U.S. Department of Agriculture (USDA) and Food and Drug Administration’s (FDA) joint oversight of cultivated meat and expanding their claims for relief under the PPIA and, on November 5, 2024, filed a notice of appeal of the district court’s preliminary injunction denial with the U.S. Court of Appeals for the Eleventh Circuit. Upside Foods Inc v. Commissioner, Fla. Dept. Agric., No. 24-13640. Both cases are currently pending. See also ALWR—May 10, 2024, “Florida Passes Law Prohibiting Sale, Manufacture of Cultivated Meat” and the Center’s Cell-Cultured Food Regulations Issue Tracker.

Biotechnology: USDA Denies Iowa’s SNAP Waiver Request to Exclude Cultivated-Protein Foods
On July 12, 2024, the U.S. Department of Agriculture (USDA) Food and Nutrition Service (FNS) sent a letter to Iowa’s Department of Health and Human Services denying the state’s waiver request to exclude cultivated-protein food products from eligibility under the Supplemental Nutrition Assistance Program (SNAP). According to the letter, Iowa submitted the waiver request on May 24, 2024, after the state’s May 15, 2024, passage of SF 2391, which required the state’s department of health and human services “to request a waiver or other exception to exclude the purchase of cultivated-protein food products and fabricated-egg products from eligibility under the federal nutrition program in the State.” The letter states that Iowa’s waiver request “is impermissible . . . as it does not provide information on how the project would raise levels of nutrition or how the State would evaluate the effects of the project.” See also ALWR—May 24, 2024, “Iowa Passes Law Prohibiting Meat Terms on ‘Manufactured-Protein’ Products, Requires Schools to ‘Prevent Purchase’” and the Center’s Cell-Cultured Food Regulations Issue Tracker.

 

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Podcasts:

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Resources of Interest:

Tex. A&M Agric. Law Blog, 2024 Ag Law Year in Review—National, Tiffany Dowell (Dec. 18, 2024)

Ohio St. Univ. Ext. Farm Off. Blog, EPA’s New Herbicide Strategy: What is it and where did it come from?, Robert Moore (Dec. 19, 2024)

Nat’l Agric. Law Ctr., Community Supported Agriculture: A Field Guide for Producers and Consumers (Labor), Ramie Parsons (Dec. 19, 2024)

Nat’l Agric. Law Ctr., Can I Shoot Down Drones Flying over my Property?, Ramie Parsons (Dec. 17, 2024)

Nat’l Agric. Law Ctr., Solar Smarts for Landowners: Payment Structures, NALC Staff (Dec. 10, 2024)

Ohio St. Univ. Ext. Farm Off. Blog, Beware of ‘Piercing the Corporate Veil’, Robert Moore (Dec. 11, 2024)

Univ. Md. Risk Mgmt. Educ. Blog, Federal Estate Tax and Gift Tax Limits Announced For 2025, Paul Goeringer (Dec. 10, 2023)

Agric. Law & Tax’n Blog, Year-End Musings…, Roger A. McEowen (Dec. 31, 2024)

Agric. Law & Tax’n Blog, Continuing Resolution—Farm Related Provisions; and Social Security Legislation, Roger A. McEowen (Dec. 22, 2024)

STATE ACTIONS—EXECUTIVE & LEGISLATIVE

PENNSYLVANIA DEPARTMENT OF AGRICULTURE PRESS RELEASES

Ag Secretary Reminds Dog Owners to ‘Love Your Dog, License Your Dog’—by January Deadline (Dec. 23, 2024)

PENNSYLVANIA EXECUTIVE AGENCIES 

(Pa. Bulletin Vol. 54, No. 51—Dec. 21, 2024; Vol. 54, No. 52—Dec. 28, 2024; Vol. 55, No. 1—Jan. 4, 2025):  

Department of Agriculture

55 Pa.B. 45 Notice: “Holding and Human Disposition of Stray Unlicensed Dogs Reimbursement Amount”

Department of Environmental Protection

55 Pa.B. 146 Notice: “Availability of Technical Guidance [Guidance for Maintaining Freeboard and Dewatering of Well Development Impoundments for Unconventional Oil and Gas Operations]”

55 Pa.B. 146 Notice: “Revised Draft Technical Guidance; Public Comment Period Extension”

55 Pa.B. 148 Notice: “Stream Redesignation Evaluations; Class A Wild Trout Streams; Water Quality Standards Review”

54 Pa.B. 8555 Notice: “Coal Mining Reclamation Fee Amount for 2025”

54 Pa.B. 8346 Notice: “Board and Committee Meeting Schedules for 2025”

54 Pa.B. 8350 Notice: “Mining and Reclamation Advisory Board Reclamation Committee Meeting”

54 Pa.B. 8350 Notice: “Proposed Designation Recommendations for the 2024 Primary Annual Rine Particulate Matter (PM2.5) National Ambient Air Quality Standard; Public Hearing”

FEDERAL ACTIONS—EXECUTIVE & LEGISLATIVE

U.S. ENVIROMENTAL PROTECTION AGENCY

EPA Adds Nine Additional PFAS to the Toxics Release Inventory (Jan. 3, 2025)

EPA issues first ever underground injection permits for carbon sequestration in California (Dec. 31, 2024)

EPA Releases Draft Health-Based Recommendations for PFAS Levels in Bodies of Water (Dec. 19, 2024)

EPA Report Highlights Water Affordability Challenges in the U.S. (Dec. 17, 2024)

U.S DEPARTMENT OF AGRICULTURE (USDA) PRESS RELEASES

United States Prevails in USMCA Dispute on Biotech Corn (Dec. 20, 2024)

USDA Announces Final $300 Million in Automatic Assistance for Distressed Farm Loan Borrowers (Dec. 20, 2024)

USDA Seeks Nominations for Membership on Food Safety Advisory Committee (Dec. 20, 2024)

USDA Makes Investments to Strengthen American Farms and Businesses, Increase Competition and Lower Costs (Dec. 18, 2024)

USDA APHIS Shares Update on Seven New States Coming on Board for its National Milk Testing Strategy (Dec. 17, 2024)

Biden-Harris Administration Announces a Policy Framework to Combat Demand-Driven Illegal Deforestation (Dec. 17, 2024)

USDA AGENCY PRESS RELEASES:

Agricultural Research Service

New Genetic Test Will Help Safeguard Quinoa from Top Foe (Dec. 17, 2024)

Animal and Plant Health Inspection Service

APHIS Announces Updates to Indemnity Program for Highly Pathogenic Avian Influenza on Poultry Farms (Dec. 30, 2024
USDA APHIS Shares Update on Seven New States Coming on Board for its National Milk Testing Strategy (Dec. 20, 2024)

APHIS in Action: Victory Over the World’s Largest Hornet Species (Dec. 18, 2024)

USDA Confirms Highly Pathogenic Avian Influenza in Backyard Non-Poultry Flock in Louisiana (Dec. 16, 2024)

APHIS Updates Select Agents and Toxins Registration List; Removes Agents Including Brucella (Dec. 16, 2024)

APHIS Reminds All Animal Caretakers of the Importance of Biosecurity in Protecting Animals from HPAI (Dec. 13, 2024)

Economic Research Service

The Economics of Cellular Agriculture (Dec. 2024)

America’s Farms and Ranches at a Glance: 2024 Edition (Dec. 2024)

Farm Service Agency

USDA Announces January 2025 Lending Rates for Agricultural Producers (Jan. 2, 2025)

USDA Provides More Than $8 Million in Second Round of Payments to Help Organic Dairy Producers Cover Increased Costs (Dec. 26, 2024)

USDA Announces Availability of Low-Interest Physical Loss Loans for Producers Affected by Excessive Rain, Hail, High Winds and Lightning (Dec. 19, 2024)

USDA Designates Numerous New Jersey Counties as Natural Disaster Areas Due to Drought and Excessive Heat; Additional Contiguous Counties in Pennsylvania and Delaware (Dec. 18, 2024)

USDA Requests Input on Environmental Impacts of the Tree Assistance Program and Farm Storage Facility Loan Program (Dec. 18, 2024)

USDA Announces No Actions Under Feedstock Flexibility Program (Dec. 17, 2024)

USDA Announces Availability of Low-Interest Physical Loss Loans for Producers Affected by Wildfire and High Winds (Dec. 13, 2024)

Food and Nutrition Service

USDA Delivers on Promise to Expand Access to Nutrition Resources in Underserved Communities by Funding Three New Nutrition Hubs (Dec. 19, 2024)

School Meals and the Supply Chain: Five Things You Should Know (Dec. 19, 2024)

Food Safety and Inspection Service 

Microbiology Laboratory Guidebook (Jan. 3, 2025)

Residue Repeat Violators List (Jan. 2, 2025)

USDA Seeks Nominations for Membership on Food Safety Advisory Committee (Dec. 20, 2024)

Microbiology Laboratory Guidebook (Dec. 20, 2024)

FSIS Announces Stronger Measures to Protect the Public from Listeria monocytogenes (Dec. 17, 2024)

Foreign Agriculture Service

USDA Announces $300 Million in Additional Regional Agricultural Promotion Program Grants to Diversify U.S. Agricultural Export Markets (Dec. 19, 2024)

Applications Open for Research Funding Through the USDA FAS Sustainable Packaging Innovation Lab to Assist Fresh Produce Exporters (Dec. 18, 2024)

National Institute of Food and Agriculture

NASS Delays Weekly Slaughter Release (Jan. 2, 2025)

United States Hog Inventory Up 1% (Dec. 23, 2024)

USDA Releases the 2023 Census of Aquaculture Results (Dec. 16, 2024)

Natural Resource Conservation Service

Scientists are Learning How to Help Tomatoes Beat the Heat (Dec. 30, 2024)

Children’s Healthy Living Project Growing Nutrition Professionals Across the Pacific (Dec. 17, 2024)

National Resource Conservation Service

Apply by Jan. 30 for NRCS Conservation Program Funding (Jan. 2, 2025)

USDA Invests More than $7.5 Million in Composting and Food Waste Reduction Projects (Dec. 31, 2024)

NRCS and Partners Announce Funding Opportunity Focused on Mitigating Livestock Predator Conflicts (Dec. 16, 2024)

Rural Development

Biden-Harris Administration Launches New Program to Support Wood Processing Facilities and Help Reduce Wildfire Threats (Dec. 23, 2024)

USDA Announces Another Round of Historic Investments to Increase Access to Clean, Affordable Energy Across the Country (Dec. 19, 2024)

Biden-Harris Administration Connects People and Businesses in Rural Areas to Reliable High-Speed Internet in 18 States (Dec. 18, 2024)

USDA Makes Investments to Strengthen American Farms and Businesses, Increase Competition and Lower Costs (Dec. 18, 2024)

Biden-Harris Administration Continues to Deliver Affordable Clean Energy to Rural Americans as Part of Investing in America Agenda (Dec. 16, 2024)

FEDERAL EXECUTIVE AGENCIES (Federal Register Dec. 10, 2024—Jan. 4, 2025):    

Agricultural Marketing Service

89 FR 106231 Final Rule: “Section 8e Import Inspection Fee Structure” (Dec. 30, 2024)

89 FR 105381 Final Rule: “Fees for Official Inspection and Weighing Services Under the United States Grain Standards Act” (Dec. 27, 2024)

89 FR 104394 Final Rule: “Watermelon Research and Promotion Plan; Increased Assessment Rate” (Dec. 23, 2024)

89 FR 104367 Final Rule: “National Organic Program; Market Development for Mushrooms and Pet Food” (Dec. 23, 2024)

89 FR 99149 Proposed Rule: “Natural Grass Sod Promotion, Research, and Information Order” (Dec. 10, 2024)

89 FR 99059 Final Rule: “Natural Grass Sod Promotion, Research, and Information Order; Referendum Procedures” (Dec. 10, 2024)

Animal and Plant Health Inspection Service

90 FR 301 Notice—Comment Period: “Notice of Availability of a Draft Programmatic Environmental Impact Statement for Outbreak Response Activities for Highly Pathogenic Avian Influenza Outbreaks in Poultry in the United States and U.S. Territories” (Jan. 3, 2024)

89 FR 107045 Proposed Rule—Comment Period: “US Swine Health Improvement Plan” (Dec. 31, 2024)

89 FR 106981 Interim Rule—Comment Period: “Payment of Indemnity and Compensation for Highly Pathogenic Avian Influenza” (Dec. 31, 2024)

89 FR 106416 Notice—Comment Period: “Importation of Fresh Pineapple (Ananas comosus) Fruit From Indonesia Into the United States” (Dec. 30, 2024)

89 FR 104076 Notice: “Notice of Decision To Authorize the Importation of Rosemary and Tarragon From Ethiopia Into the Continental United States” (Dec. 20, 2024)

89 FR 104075 Notice: “Addition of Black Stem Rust-Resistant Barberry Plant Varieties to Regulated Articles List” (Dec. 20, 2024)

89 FR 103765 Notice—Request for Comments: “International Sanitary and Phytosanitary Standard-Setting Activities” (Dec. 19, 2024)

89 FR 103769 Notice: Notice of Availability of a Final Supplemental Environmental Assessment and Finding of No Significant Impact for Emergency Response for Highly Pathogenic Avian Influenza Outbreaks in the United States Migratory Bird Flyways” (Dec. 19, 2024)

89 FR 103770 Notice—Request for Comments: “Notice of Request for Reinstatement of an Information Collection; National Animal Health Monitoring System; Poultry 2025 Small Enterprise Study” (Dec. 19, 2024)

89 FR 101837 Final Rule: “Agricultural Bioterrorism Protection Act of 2002; Biennial Review and Republication of the Select Agent and Toxin List” (Dec. 17, 2024)

Farm Service Agency

89 FR 99212 Notice: “Notice of Funds Availability (NOFA); Marketing Assistance for Specialty Crops” (Dec. 10, 2024)

Food and Nutrition Service

90 FR 266 Proposed Rule—Incorporation by Reference: “Supplemental Nutrition Assistance Program Quality Control Review Handbook Incorporation by Reference” (Jan. 3, 2025)

89 FR 106420 Notice—Comment Period: “Agency Information Collection Activities: Waiver and State Plans (WiSP)” (Dec. 30, 2024)

89 FR 104965 Notice—Comment Period: “Request for Information: Grain-Based Desserts and High-Protein Yogurt Crediting in Child Nutrition Programs” (Dec. 26, 2024)

89 FR 104513 Notice—Comment Period: “Request for Information: Child Nutrition Programs Tribal Pilot Projects” (Dec. 23, 2024)

89 FR 104393 Final Rule: “Food Distribution Programs: Improving Access and Parity” (Dec. 23, 2024)

89 FR 103772 Notice—Comment Period: “Agency Information Collection Activities: Proposed Collection; Comment Request-Generic Clearance for the Fast Track Clearance for the Collection of Routine Customer Feedback” (Dec. 19, 2024)

89 FR 102342 Final Rule: “Supplemental Nutrition Assistance Program: Program Purpose and Work Requirement Provisions of the Fiscal Responsibility Act of 2023” (Dec. 17, 2024)

Food Safety and Inspection Service

89 FR 106417 Notice: “2025 Rate Changes for the Basetime, Overtime, Holiday, Laboratory Services, and Export Application Fees” (Dec. 30, 2024)

89 FR 104077 Notice: “National Advisory Committee on Microbiological Criteria for Foods; Membership Nominations” (Dec. 20, 2024)

Forest Service

89 FR 106422 Notice—Comment Period: “Information Collection; Non-Timber Forest Products” (Dec. 30, 2024)

89 FR 104079 Notice—Meeting: “Ottawa National Forest Resource Advisory Committee” (Dec. 20, 2024)

89 FR 103773 Notice—Comment Period: “Information Collection; Qualified Products List for Wildland Fire Chemicals” (Dec. 19, 2024)

89 FR 99220 Notice: “Wallowa-Whitman National Forest, Oregon; Wallowa-Whitman National Forest Travel Management Plan; Withdrawal” (Dec. 10, 2024)

Rural Business-Cooperative Service

89 FR 104972 Notice: “Notice of Funding Opportunity for the Timber Production Expansion Guaranteed Loan Program for Fiscal Year 2024” (Dec. 26, 2024)

89 FR 103775 Notice—Comment Period: “Notice of Revision of a Currently Approved Information Collection [Rural Innovation Stronger Economy (RISE) program]” (Dec. 19, 2024)

89 FR 103774 Notice—Comment Period: “60-Day Notice of Proposed Information Collection: Rural Development Cooperative Agreements (RDCA) Program” (Dec. 19, 2024)

89 FR 100949 Notice—Comment Period: “Notice of Extension of Application Deadline for Biorefinery, Renewable Chemical, and Biobased Product Manufacturing Assistance Program” (Dec. 13, 2024)

Rural Housing Service

90 FR 199 Final Rule: “Updating Manufactured Housing Provisions” (Jan. 3, 2025)

89 FR 106977 Final Rule: “Multifamily Housing Program Update to the Credit Report Process” (Dec. 31, 2024)

89 FR 104031 Rule: “Loan Guarantees Under the Section 538 Guaranteed Rural Rental Housing Program” (Dec. 20, 2024)

89 FR 103627 Final Rule: “Revisions to the Smoke Alarm Requirements in the Section 515 Rural Rental Housing and Section 514/516 Farm Labor Housing Direct Loan Programs” (Dec. 19, 2024)

Environmental Protection Agency

90 FR 315 Notice: “Chlorpyrifos; Final Cancellation Order to Amend Pesticide Registration to Terminate Asparagus Use” (Jan. 3, 2025)

90 FR 99 Notice—Comment Period: “Draft Pesticide Registration Notice; Establishment of a Plan to Track the Adoption of Bilingual Labeling on End Use Pesticide Product Labels; Notice of Availability and Request for Comment” (Jan. 2, 2025)

89 FR 105470 Final Rule: “Ethiprole; Pesticide Tolerances” (Dec. 27, 2024)

89 FR 105045 Notice—Comment Period: “Proposed Consent Decree, Clean Air Act Citizen Suit” (Dec. 26, 2024)

89 FR 105044 Notice: “Pesticides; Spanish Translation Guide for Pesticide Labeling; Notice of Availability” (Dec. 26, 2024)

89 FR 102888 Notice—Comment Period: “Notice of Receipt of Requests to Voluntarily Cancel Certain Pesticide Registrations and/or Amend Registrations to Terminate Certain Uses” (Dec. 18, 2024)

89 FR 102894 Notice—Comment Period: “Notice of Receipt of Requests to Voluntarily Cancel Certain Pesticide Registrations” (Dec. 18, 2024)

89 FR 102138 Notice—Comment Period: “Receipt of Requests to Voluntarily Cancel Certain Pesticide Registrations and/or Amend Registrations to Terminate Certain Uses” (Dec. 17, 2024)

89 FR 102134 Notice: “Final National Pollutant Discharge Elimination System (NPDES) Pesticide General Permit for Point Source Discharges from the Application of Pesticides; Reissuance” (Dec. 17, 2024)

89 FR 100478 Notice: “Chlorpyrifos; Final Cancellation Order for Certain Pesticide Registrations and Amendment of Certain Pesticide Registrations to Terminate Certain Uses” (Dec. 12, 2024)

89 FR 100485 Notice: “Modification of the NPDES General Permit for Concentrated Animal Feeding Operations (CAFOs) Located in Idaho Excluding Tribal Lands (IDG010000)” (Dec. 12, 2024)

89 FR 100442 Proposed Rule—Comment Period: “Renewable Fuel Standard (RFS) Program: Partial Waiver of 2024 Cellulosic Biofuel Volume Requirement and Extension of 2024 Compliance Deadline” (Dec. 12, 2024)

89 FR 99859 Notice: “Pesticide Emergency Exemptions; Agency Decisions and State and Federal Agency Crisis Declarations” (Dec. 11, 2024)

89 FR 99253 Notice—Comment Period: “Pesticide Registration Review; Proposed Decisions for Several Pesticides; Notice of Availability and Request for Comment” (Dec. 10, 2024)

89 FR 99184 Proposed Rule—Comment Period: “Chlorpyrifos; Tolerance Revocation” (Dec. 10, 2024)

U.S. HOUSE AGRICULTURE COMMITTEE: 

H.R.204 “To require that the Secretary of Agriculture and the Secretary of the Interior submit accurate reports regarding hazardous fuels reduction activities, and for other purposes.” Referred to the Committee on Natural Resources and the Committee on Agriculture (Jan. 3, 2025)

H.R.191 “To repeal the Inflation Reduction Act of 2022.” Referred to the Committee on Ways and Means and the Committees on Energy and Commerce, Agriculture, Natural Resources, Financial Services, Science, Space, and Technology, Transportation and Infrastructure, and Oversight and Government Reform (Jan. 3, 2025)

H.R.187 “To provide for the standardization, consolidation, and publication of data relating to public outdoor recreational use of Federal waterways among Federal land and water management agencies, and for other purposes.” Referred to the Committee on Natural Resources and the Committee on Agriculture (Jan. 3, 2025)

H.R.185 “To advance responsible policies.” Referred to multiple committees (Jan. 3, 2025)

H.R.184 “To require that only two alternatives be considered with respect to certain proposed collaborative forest management activities, and for other purposes.” Referred to the Committee on Natural Resources and the Committee on Agriculture (Jan. 3, 2025)

H.R.183 “To amend the Federal Lands Recreation Enhancement Act to provide for a lifetime National Recreational Pass for law enforcement officers.” Referred to the Committee on Natural Resources and Committee on Agriculture (Jan. 3, 2025)

H.R.179 “To direct the Secretary concerned to coordinate with impacted parties when conducting a forest management activity, and for other purposes.” Referred to the Committee on Agriculture and the Committee on Natural Resources (Jan. 3, 2025)

H.R.178 “To require the Secretary of Agriculture to carry out activities to suppress wildfires, and for other purposes.” Referred to the Committee on Agriculture and the Committee on Natural Resources (Jan. 3, 2025)

H.R.168 “To improve the ability of the Secretary of Agriculture and the Secretary of the Interior to carry out forest management actives that reduce the risk of catastrophic wildfires, and for other purposes.” Referred to the Committee on Agriculture and the Committee on Natural Resources (Jan. 3, 2025)

H.R.150 “To establish the People-Centered Assistance Reform Effort Commission, to improve the social safety net and increase social mobility by increasing access to resources which address the underlying causes of poverty.” Referred to the Committee on Ways and Means and the Committees on Education and Workforce, Agriculture, Energy and Commerce, Financial Services, Transportation and Infrastructure, Rules, the Judiciary, and Natural Resources (Jan. 3, 2025)

H.R.112 “To repeal the Department of Agriculture bioenergy subsidy programs and other related subsidy programs.” Referred to the Committee on Agriculture and the Committees on Oversight and Government Reform, and Science, Space, and Technology (Jan. 3, 2025)

H.R.34 “To deposit portions of revenue generated from public lands into the Social Security Trust Fund.” Referred to the Committee on Natural Resources and the Committee on Agriculture (Jan. 3, 2025)

H.R.10552 “To require the Secretary of Agriculture to cancel existing school meal debt.” Referred to the Committee on Education and the Workforce and the Committee on Agriculture (Dec. 20, 2024)

H.R.10549 “To abolish the Environmental Protection Agency.” Referred to the Committee on Energy and Commerce and the Committees on Agriculture, Transportation and Infrastructure, and Science, Space, and Technology (Dec. 20, 2024)

H.R.10533 “To authorize the Secretary of Agriculture to administratively transfer covered parcels of National Forest System land to the Secretary of the Interior to be held in trust for the benefit of Indian Tribes.” Referred to the Committee on Natural Resources and the Committee on Agriculture (Dec. 19, 2024)

H.R.10529 “To provide for the reform and continuation of agricultural and other programs of the Department of Agriculture through fiscal year 2029, and for other purposes.” Referred to the House Committee on Agriculture. (Dec. 19, 2024)

H.R.10514 “To provide additional assistance to certain agricultural producers, and for other purposes.” Referred to the Committee on Agriculture and the Committee on Education and the Workforce (Dec. 19, 2024)

H.R.10505 “To amend the Commodity Exchange Act to prohibit political election or contest agreements, contracts, transactions, and swaps.” Referred to the House Committee on Agriculture. (Dec. 18, 2024)

H.R.10466 “To deposit portions of revenue generated from public lands into the Social Security Trust Fund.” Referred to the Committee on Natural Resources and the Committee on Agriculture (Dec. 18, 2024)

H.R.10363 “To amend the Agricultural Act of 1961 with respect to the Emergency Loan Program.” Referred to the House Committee on Agriculture (Dec. 11, 2024)

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

S.759 “Beagle Brigade Act of 2023” Became Public Law No: 118-191. (Dec. 23, 2024)

S.2 “A bill to amend the Commodity Exchange Act to prohibit political election or contest agreements, contracts, transactions, and swaps.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Dec. 20, 2024)

S.5632 “A bill to direct the Secretary of Agriculture to establish and administer a pilot program to provide grants to support Food is Medicine programs, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Dec. 19, 2024)

S.5596 “A bill to amend the Food and Nutrition Act of 2008 to increase the Federal cost share for supplemental nutrition assistance program administration to improve staffing and retention, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry (Dec. 18, 2024)

S.759 “Beagle Brigade Act of 2023” Motion to reconsider laid on the table Agreed to without objection. (Dec. 18, 2024)

S.5532 “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 S7004) (Dec. 12, 2024)

S.5496 “A bill to direct the Secretary of Agriculture to establish oversight mediation committees to help resolve property boundary disputes regarding National Forest System land, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Dec. 11, 2024)

S.5475 “A bill to amend the Organic Food Production Act of 1990 to provide producers with the option to confirm the absence of prohibited substances through testing, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Dec. 11, 2024)

 

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