July 15, 2024

Agricultural Law Weekly Review—July 15, 2024

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 Water Quality: Oklahoma Court Holds State Ag Department Must Consider Environmental Impacts of Animal Operations  🌾
On June 28, 2024, the Oklahoma District Court for Delaware County issued an order granting partial summary judgment against the Oklahoma Department of Agriculture, Food and Forestry (OKDAFF) in an action filed by a group of landowners alleging that OKDAFF’s issuance of certain Poultry Feeding Operation registrations violated the Due Process clauses of the Oklahoma and U.S. Constitutions. Spring Creek Coalition vs. The Oklahoma Department of Agriculture, No. CJ-2021-00033. The landowners argued that they were denied due process when facilities—each with the capacity to house over 300,000 chickens—were submitted to OKDAFF for building applications. Although OKDAFF stated that the agency “ha[s] no provision for notice to neighboring landowners or the public . . . prior to the approval of the initial registrations for the Facilities,” the court found that OKDAFF “ignored federal classifications of th[e] facilities, and consequently neglected to design due process rules for the Plaintiff, the neighboring landowners and the public.” The court further stated that “the Department has ignored or neglected its duties to protect and preserve the waters of the state of Oklahoma which have denied the Plaintiff protections afforded other United States citizens under the Clean Water Act.” The court then outlined the steps OKDAFF must follow before authorizing “the construction and/or operation of . . . [f]acilities . . . which house[] more than 125,000 chickens” including (1) providing written notice to landowners within a one-mile radius of the geographical location 90 days before construction begins on the proposed facility; (2) issuing two publications of notice, “not less than fourteen days apart, in a newspaper of general circulation in the county where the facility is being built,” including information about the size of the facility and source of water to be used; and (3) providing “meaningful consideration of public concerns” about the environmental impact of the facilities.

Food Labeling: Federal Court Dismisses Oklahoma Meat Labeling Law Challenge
On June 24, 2024, the U.S. District Court for the Western District of Oklahoma issued an order dismissing a 2021 challenge alleging that Oklahoma’s Meat Consumer Protection Act violates the U.S. Constitution’s Commerce Clause by imposing varying labeling standards among states and that the law is unconstitutionally vague and federally preempted. Plant Based Food Association v. Stitt, No. 5:20-cv-00938. The court determined that the association plaintiffs lacked standing to challenge the law because the organization did not show that it suffered a concrete injury due to the law or that its members who “produce, market, and sell 100% plant-based meat products” were prosecuted under the law. The court held that Oklahoma’s law applies only to producers who sell “‘meat’ defined as an ‘edible portion of livestock or part thereof,’” and therefore the law does not apply to plant-based meat producers. For more on the law’s requirements and lawsuit’s previous history, see ALWR—Dec. 11, 2020, “Denial of Injunction Against Oklahoma Meat Labeling Law Appealed” and ALWR—Nov. 12, 2021, “Oklahoma Meat Labeling Law Faces New Constitutional Challenges.” See also the Center’s Meat Labeling Law Issue Tracker.   

Packers and Stockyards Act: USDA Publishes ‘Fair and Competitive Livestock and Poultry Markets’ Proposed Rule
On June 28, 2024, the U.S. Department of Agriculture (USDA) Agricultural Marketing Service (AMS) published in the Federal Register a proposed rule (89 FR 53886), titled “Fair and Competitive Livestock and Poultry Markets.” Also announced by USDA, the proposed rule amends the Packers and Stockyards Act to define “unfair practices as conduct that harms market participants and conduct that harms the markets.” USDA states that the proposed rule’s “clearer tests and frameworks around unfair practices” will “better enable USDA’s AMS to carry out its legal obligation to ensure fair and competitive national livestock, meat, and poultry markets.” USDA is accepting comments on the proposed rule until August 27, 2024.

Crop Insurance: Final Rule Allows Enterprise Units for Organic and Specialty Crops
On June 27, 2024, the U.S. Department of Agriculture (USDA) Federal Crop Insurance Corporation (FCIC) published in the Federal Register a final rule (89 FR 53822) amending its regulations to, among other provisions, allow additional specialty and organic crops to qualify for enterprise units, which “allow[] a producer to insure all acres of the insured crop in the county together” and “are attractive to producers due to lower premium rates offered to recognize the lower risk associated with the geographic diversification.” Also announced by USDA’s Risk Management Agency (RMA), the final rule became effective June 30, 2024 and applies beginning with the 2025 crop year. Additionally, FCIC states that it “will consider comments . . . receive[d] by the close of business August 26, 2024 . . . and may conduct additional rulemaking based on the comments.”

Dairy Policy: Pennsylvania Proposed Rule Allows for Raw Milk Butter Permit
On June 15, 2024, the Pennsylvania Department of Agriculture published in the Pennsylvania Bulletin a notice of proposed rulemaking (54 Pa.B. 3318) amending state Milk Sanitation Law regulations. Among several provisions, the proposed rule sets standards for raw milk butter and allows raw milk permitholders to obtain a raw milk butter permit. Additionally, the proposed rule removes the requirement for labeling preapproval for milk, milk products, milk for manufacturing, or manufactured dairy products, but not raw milk labels, which the regulation specifies “must still be submitted to the Department for preapproval.”

Dairy Policy: USDA Allows ELAP Payments for Milk Losses from Avian Influenza
On July 1, 2024, the U.S. Department of Agriculture (USDA) Commodity Credit Corporation (CCC) published in the Federal Register a final rule (89 FR 54331) amending the Emergency Assistance for Livestock, Honeybees, and Farm-Raised Fish Program (ELAP) to “provide financial assistance to dairy producers who face milk losses due to H5N1 infection of their dairy herds.” Also announced by USDA, the program allows for a “per cow milk loss payment . . . based on an expected 21-day period of no milk production when a cow is removed from the milking herd, followed by seven days when the cow has returned to milking but produces 50% of the normal amount of production.” According to the rule, the payment calculation will be 90% of the “per head payment rate,” multiplied by the product of the “number of eligible adult dairy cows,” and the “producer’s share in milk production.” USDA states that “the final date to file a notice of loss and application for payment for eligible losses is 30 days after the end of the prior calendar year, which is January 30.” The final rule became effective and the program opened for application upon publication of the rule.

Animal Welfare: Appeals Court Upholds California’s Proposition 12
On June 25, 2024, the U.S. Court of Appeals for the Ninth Circuit issued a memorandum opinion upholding California’s Proposition 12 swine confinement law. Iowa Pork Producers Ass’n v. Bonta, No. 22-55336. The plaintiffs had argued that the law unconstitutionally discriminates against interstate commerce, but the court dismissed this argument, stating that the plaintiffs had not “adequately alleged that Proposition 12 has a discriminatory purpose.” The court stated, “Although in-state producers may have felt less impact from Proposition 12 because they were already subject to the turnaround provisions of Proposition 2, that does not demonstrate that Proposition 12 discriminates against out-of-state producers.” The court also cited the U.S. Supreme Court’s 2023 decision in National Pork Producers Council v. Ross, No. 21-468, which upheld Proposition 12. See also the Center’s Animal Confinement Issue Tracker.

Animal Welfare: Rhode Island Delays Cage-Free Egg Law Implementation
On June 24, 2024, Rhode Island Governor Daniel McKee signed into law HB-7946A, titled “Unlawful Confinement of a Covered Animal.” The new law amends the existing statute (R.I. Gen. Laws § 4-1)—which was adopted in 2012 (SB 2191) and amended in 2018 (HB 7456) and establishes cage-free egg and animal confinement standards—to delay the implementation of the confinement standards for commercial egg production, including a ban on battery cage systems, until January 1, 2030. See also the Center’s Animal Confinement Issue Tracker.

Agricultural Labor: Florida Governor Vetoes Bill to Prohibit Local Restrictions on Worker Housing
On June 28, 2024, Florida Governor Ron DeSantis vetoed CS/SB 1082, titled “Housing for Legally Verified Agricultural Workers,” which “prohibits local governments from inhibiting the construction and installation of housing on farms for agricultural workers.” In his veto letter, the governor states that while “the bill’s terms apply to legal migrant farm workers . . . the bill does not include the means to enforce this limitation and could pave the way for housing of illegal alien workers.” Additionally, the governor stated that “local governments currently have the ability to establish uniform guidelines and standards through their zoning ordinances which best suit each agricultural community.”

Air Quality: Denmark Introduces First Carbon Tax on Agriculture
On June 24, 2024, the Danish government introduced the “Agreement on a Green Denmark,” which will impose the first national tax on emissions from agricultural livestock. Also announced by the Danish government, the agreement imposes an effective tax of 120 Danish Kroner (approximately $17.41) per ton of carbon dioxide in 2030, which will increase to 300 Danish Kroner (approximately $43.53) per ton of carbon dioxide in 2035. The Danish government states that “the efforts in the agreement are estimated to reduce Danish emissions by 1.8 million tons of [c]arbon [d]ioxide in 2030.” According to reporting by Reuters, the agreement is expected to be approved by the Danish parliament.

Biofuels: USDA Seeks Public Input on GHG Quantification, Reporting, Verification for Biofuel Feedstocks
On June 27, 2024, the U.S. Department of Agriculture (USDA) published in the Federal Register a notice (89 FR 53585) requesting public input on “procedures for quantifying, reporting, and verifying the effect of climate-smart farming practices on the greenhouse gas (GHG) emissions associated with U.S.-grown biofuel feedstock crops.” Also announced by USDA, the agency states that it intends to use the information to “establish voluntary standards . . . for consideration in international, national, or state clean transportation fuel policies to further incentivize climate-smart biofuel feedstock crops.” The comment period for the request closes July 25, 2024.

Environmental Policy: EPA Publishes Fifth Edition of ‘Climate Change Indicators in the United States’
On July 2, 2024, the U.S. Environmental Protection Agency (EPA) published the fifth edition of its Climate Change Indicators in the United States Report. According to the report, “[t]he average length of the growing season in the contiguous 48 states has increased by more than two weeks since the beginning of the 20th century” and “a particularly large and steady increase has occurred since the 1970s.” EPA states that “[s]tates in the West (for example, California and Washington) have seen the most dramatic increase” while “the growing season has become slightly shorter in Georgia.”

Food Safety: FDA Revokes Use of Brominated Vegetable Oil in Food
On July 3, 2024, the U.S. Food and Drug Administration (FDA) published in the Federal Register a final rule (89 FR 55040) revoking the only authorized food use of brominated vegetable oil (BVO)—“as a food ingredient intended to stabilize flavoring oils in fruit-flavored beverages.” Also announced by FDA, the agency states that “there is no longer a reasonable certainty of no harm from the continued use of BVO in food.” The final rule becomes effective August 2, 2024, although companies are not required to comply with the rule until August 2025, “1 year after the effective date, to provide the opportunity for companies to reformulate, relabel, and deplete the inventory of BVO-containing products” prior to FDA enforcement.

Pesticides/Herbicides: EPA Allows Tolerance Exemption for BioConsortia Crimson Active Ingredient
On July 2, 2024, the U.S. Environmental Protection Agency (EPA) published in the Federal Register a final rule (89 FR 54721) exempting Bacillus velezensis strain 11604—the new active ingredient in BioConsortia’s Crimson fungicide—from residue tolerance requirements “in or on all food and feed commodities when used in accordance with label directions and good agricultural practices.” According to EPA’s human health risk assessment, the “bacterium is naturally occurring and found widely in soils, water, plant rhizospheres, and various foods.” EPA states that it expects “[d]ietary and drinking water exposure . . . to be . . . normal . . . due to background levels already present in the environment and commonly consumed foods.” The final rule became effective upon publication.

Local Agricultural Policy: Pennsylvania Passes Bill Establishing Rural Population Revitalization Commission
On June 10, 2024, Pennsylvania Governor Josh Shapiro signed into law SB 277/HB 2225, amending the Rural Pennsylvania Revitalization Act (1987 Act 16). The law restructures the board of directors for the Center for Rural Pennsylvania, including adding a new board member from The Pennsylvania State Extension. The prime sponsor of the bill, Senator Gene Yaw, stated in a memo that “adding The Penn State Extension to the Board will allow for greater synergy between Extension and the Center in serving rural areas.” Additionally, the bill establishes a Rural Population Revitalization Commission, which will publish a biennial report on rural population change across Pennsylvania and provide “reviews and recommendations aimed at attracting and retaining residents in rural Pennsylvania while addressing challenges facing rural communities due to population shifts and changing demographics.”

 

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CENTER PROGRAMS & RESOURCES

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:

“HPAI in Poultry and Cattle: How Can We Miss You if You Won’t Go Away?”

  • July 17, 2024, noon–1 pm (ET), online. Staff Attorney Brook Duer Presents with the National Agricultural Law Center.

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:

2024 Pennsylvania Agricultural Law Symposium

  • Sept. 19, 2024, 8:30am–4:30pm, In-person at Penn State Law, Lewis Katz Building, University Park, Pa. Topics to include 2023-24 Ag Law Year in Review, Biosolids and Food Processing Waste Legal Issues, Agricultural Cooperatives, Carbon Credits and Contracts, Farm Labor Contractors and H-2A workers, and Farm Family Representation: Ethical Issues. Registration available soon!

Podcasts:

Agricultural Law Podcast

USDA Takes First Regulatory Steps on Carbon Credit Production (May 14, 2024)

USDA Takes New Approach in HPAI Outbreak in Dairy Cattle (Apr. 26, 2024)

Farmland Legal Energy Podcast

Agrivoltaics & Large-Scale Solar Energy in Pennsylvania Update (May 15, 2024)

Artificial Intelligence in Agriculture (Apr. 29, 2024)

Resources of Interest:

Penn State News, High-Speed Internet Linked to More Farms Offering Agritourism (June 25, 2024)

Nat’l Agric. Law Ctr., Farm Bill 2024: Themes in the Proposed Trade, Credit, and Research & Extension Titles, Samantha Capaldo (June 27, 2024)

Nat’l Agric. Law Ctr., Farm Bill 2024: Themes in the Proposed Nutrition Titles, Emily Stone (June 25, 2024)

Nat’l Agric. Law Ctr., Supreme Court Overturns Long-Standing “Chevron” Doctrine, Brigit Rollins (July, 2, 2024)

Agric. Law & Tax’n Blog, From Transition Documents to Inflation to Recent SCOTUS Opinions on Agency Deference and Water Compacts, Roger A. McEowen (July 1, 2024)

Agric. Law & Tax’n Blog, Of Fences; Agritourism; Liquidity; Solar Panels & Blight; and Trees and Motorists, Roger a McEowen (June 23, 2024)

Tex. A&M Agric. Law Blog, Federal Judge Enjoins USDA from Using “Socially Disadvantaged Farmer/Rancher” Category in Making ERP 2022 Payments, Tiffany Dowell Lashmet (June 24, 2024)

Tex. A&M Agric. Law Blog, Fence Boundary Dispute Involves Adverse Possession Claim, Tiffany Dowell Lashmet (July 1, 2024)

Iowa St. Univ. Ctr. Agric. Law & Tax’n, Iowa Utility Board Grants Summit’s Petition for a Carbon Pipeline Permit, (June 26, 2024)

Iowa St. Univ. Ctr. Agric. Law & Tax’n, Tax Court Rules Texas Ecotourism Ranch is Hobby, Not Business, Jennifer Harrington (July 2, 2024)

Univ. Md. Risk Mgmt. Educ. Blog, New Maryland Law Limits Liability Waivers for Recreational Facilities, Nicole Cook (July 2, 2024)

Ohio St. Univ. Ext. Farm Off. Blog, Gifting Strategies to Reduce Federal Estate Taxes: A Guide for Farmers, Robert Moore (June 27, 2024)

Southern Ag Today, Estate Transition Planning, Charley Martinez, Kevin Ferguson, Univ. of Tenn. (July 3, 2024)

Southern Ag Today, Is the Current CSA Model Sustainable? A Lesson from Korea, Frank Seo, Univ. of Ark. (July 5, 2024)

FEDERAL ACTIONS—EXECUTIVE & LEGISLATIVE

U.S. ENVIROMENTAL PROTECTION AGENCY

EPA Fines Two Oahu Nurseries over Federal Worker Protection Standard Violations (July 3, 2024)

EPA Settles Safe Drinking Water Act Claims with Power Company in Southern California (July 2, 2024)

EPA, Department of Justice sue Lower Yakima Valley dairies for manure practices endangering neighboring well-users (July 2, 2024)

EPA awards over $8.8 million to reduce air pollution from wood heaters (June 25, 2024)

United States Announces Settlement with Westchester County Drinking Water Provider and Three Municipalities for Violating Safe Drinking Water Act (June 24, 2024)

U.S DEPARTMENT OF AGRICULTURE (USDA) PRESS RELEASES

USDA Announces Approval of D-SNAP for Oklahoma Disaster Areas (July 3, 2024)

USDA Announces Approval of D-SNAP for New Mexico Disaster Areas (July 3, 2024)

USDA Announces Approval of D-SNAP for Iowa Disaster Areas (July 3, 2024)

USDA to Begin Accepting Applications for Expanded Emergency Livestock Assistance Program to Help Dairy Producers Offset Milk Loss Due to H5N1 (June 27, 2024)

USDA Publishes Request for Information on the Production of Biofuel Feedstocks Using Climate-Smart Practices (June 26, 2024)

USDA Proposes New Rule to Clarify Unfair Practices in the Livestock, Meat, and Poultry Industries (June 25, 2024)

USDA Announces Enhanced Resources to Support Businesses Interested in Procurement Opportunities (June 24, 2024)

USDA AGENCY PRESS RELEASES:

Agricultural Marketing Service

USDA Restricts PACA Violators in California, Georgia and New York from Operating in the Produce Industry (July 1, 2024)

USDA Settles a Packers and Stockyards Case with Michael R. Morgan (July 1, 2024)

USDA and the North Central Regional Food Business Center Award $600,000 in Business Builder Grants (June 28, 2024)

USDA Announces $12 Million in Grant Funding Available to Support Dairy Initiatives (June 25, 2024)

Agricultural Research Service

USDA, University Researchers Develop Near Chromosome-Level Genome for the Mojave Poppy Bee (July 1, 2024)

Exploring Water Solutions for a Better Future (June 26, 2024)

Animal and Plant Health Inspection Service

APHIS Posts Investigative and Enforcement Services Annual Enforcement Data Reports (June 27, 2024)

APHIS Releases Preview of Request for Information on Options for Reducing Regulations for Modified Microbes (June 25, 2024)

Economic Research Service

Climate-Induced Yield Changes and TFP: How Much R&D Is Necessary To Maintain the Food Supply? (July 2024)

Farm Service Agency

USDA Expands Funding Opportunities for Specialty Crop Growers to Help Offset On-Farm Food Safety Expenses for 2024 and 2025 (June 26, 2024)

Food and Nutrition Service

USDA’s Food and Nutrition Service Releases Fiscal Year 2023 SNAP Payment Error Rates (June 28, 2024)

Food Safety and Inspection Service

Constituent Update – July 5, 2024 (July 5, 2024)

Constituent Update – June 28, 2024 (June 28, 2024)

Foreign Agricultural Service 

Export Sales to Unknown Destinations (July 3, 2024)

Export Sales to Colombia (July 2, 2024)

Forest Service 

USDA Announces Actions to Strengthen Tribal Food Sovereignty, Co-Stewardship, and Knowledge of Tribal Agriculture Policy (July 5, 2024)

National Agricultural Statistics Service

United States hog inventory up 1% (June 27, 2024)

National Institute of Food and Agriculture

NIFA Invests $7.6M To Advance Agricultural Biosecurity (A1181) (July 3, 2024)

Better Berries, Cold-Tolerant Sugarcane, Precision Breeding Is Making It Possible (July 1, 2024)

NIFA Invests $8.6M in Plant Breeding for Agricultural Production (A1141) (June 26, 2024)

NIFA Invests $5.8M in Foundational Knowledge of Plant Products (June 26, 2024)

NIFA Invests $6M in Animal Breeding, Genetics and Genomics (June 26, 2024)

NIFA Invests $70M in Visionary Sustainable Agricultural Research (June 25, 2024)

Natural Resource Conservation Service

USDA Increases Funding for Partnerships to Safeguard, Restore Wetland Ecosystems (July 5, 2024)

ACEP Project Permanently Protects 28 Acres of Kohala Farmland (July 3, 2024)

USDA Invests $5.2 Million in 17 Urban Agriculture and Innovative Production Projects (July 1, 2024)

NRCS Texas announces additional sign-up period for 2024 National Water Quality Initiative (July 1, 2024)

Risk Management Agency

USDA Expands Insurance Options for Specialty and Organic Growers (June 27, 2024)

USDA Announces Improvements to Camelina Pilot Insurance Program (June 26, 2024)

FEDERAL EXECUTIVE AGENCIES (Federal Register):   

Agriculture Department

89 FR 55114 Proposed Rule: “USDA Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards” (July 3, 2024)

89 FR 53585 Notice—Comment Period: “Procedures for Quantification, Reporting, and Verification of Greenhouse Gas Emissions Associated With the Production of Domestic Agricultural Commodities Used as Biofuel Feedstocks” (June 27, 2024)

89 FR 53041 Notice: “OneRD Annual Notice of Guarantee Fee Rates, Periodic Retention Fee Rates, Loan Guarantee Percentage and Fee for Issuance of the Loan Note Guarantee Prior to Construction Completion for Fiscal Year 2025” (June 25, 2024)

Agricultural Marketing Service

89 FR 55216 Notice: “Fruit and Vegetable Industry Advisory Committee Call for Nominations” (July 3, 2024)

89 FR 55021 Rule: “Tomatoes Grown in Florida; Increased Assessment Rate” (July 3, 2024)

89 FR 53886 Proposed Rule—Comment Period: “Fair and Competitive Livestock and Poultry Markets” (June 28, 2024)

89 FR 53339 Rule: “U.S. Grade Standards for Pecans in the Shell and Shelled Pecans” (June 26, 2024)

Animal and Plant Health Inspection Service

89 FR 54764 Notice—Comment Period: “Notice of Request for Extension of Approval of an Information Collection; On-Farm Monitoring of Antimicrobial Use and Resistance in U.S. Broiler Production Study” (July 2, 2024)

89 FR 54762 Notice—Comment Period: “Exploring Pathways to Commercialization for Modified Microbes” (July 2, 2024)

89 FR 53382 Notice: “Domestic Quarantine: Quarantined Areas and Regulated Articles” (June 26, 2024)

89 FR 52433 Notice: “Importation of Fresh Ginseng Roots (Panax ginseng C.A. Mey.) From the Republic of Korea Into the United States” (June 24, 2024)

Environmental Protection Agency

89 FR 54819 Notice—Comment Period: “Pesticides; White Paper: Framework for Interagency Collaboration To Review Potential Antibacterial and Antifungal Resistance Risks Associated With Pesticide Use; Notice of Availability and Request for Comment” (July 2, 2024)

89 FR 54456 Notice—Comment Period: “Pesticide Product Registration; Receipt of Applications for New Uses (May 2024)” (July 1, 2024)

89 FR 54398 Proposed Rule—Comment Period: “Receipt of a Pesticide Petition Filed for Residues of Pesticide Chemicals in or on Various Commodities (May 2024)” (July 1, 2024)

89 FR 53995 Notice: “2024 Clean Water Act Section 319 Guidelines” (June 28, 2024)

89 FR 53356 Rule: “Spiromesifen; Pesticide Tolerances” (June 26, 2024)

89 FR 52457 Notice—Comment Period: “Pesticide Registration Review; Proposed Decisions for Several Pesticides; Notice of Availability” (June 24, 2024)

89 FR 52459 Notice: “Final Cancellation Order for Cancelling Certain Pesticide Registrations and Uses” (June 24, 2024)

89 FR 52462 Notice: “Pesticide Registration Review; Decisions for Several Pesticides; Notice of Availability” (June 24, 2024)

89 FR 52425 Proposed Rule—Comment Period: “Removal of Affirmative Defense Provisions From Specified New Source Performance Standards and National Emission Standards for Hazardous Air Pollutants” (June 24, 2024)

Farm Service Agency

89 FR 53382 Notice: “Notice of Funds Availability (NOFA) for the Food Safety Certification for Specialty Crops Program” (June 26, 2024)

Federal Crop Insurance Corporation

89 FR 53822 Rule—Comment Period: “Expanding Options for Specialty and Organic Growers (EOSOG)” (June 27, 2024)

Food Safety and Inspection Service

89 FR 53039 Notice—Comment Period: “Availability of Guidance for Residue Prevention” (June 25, 2024)

Forest Service

89 FR 54765 Notice: “Black Hills National Forest Advisory Board” (July 2, 2024)

89 FR 53040 Notice: “Del Norte County Resource Advisory Committee” (June 25, 2024)

Rural Housing Service

89 FR 54413 Notice: “Notice of Funding Availability for the Native Community Development Financial Institution Relending Demonstration Program FY 2024” (July 1, 2024)

89 FR 52355 Rule: “Single Family Housing Section 504 Repair Pilot” (June 24, 2024)

Rural Utilities Service

89 FR 54419 Notice: “60-Day Notice of Proposed Information Collection: RUS-Request for Mail List Data-REA Borrowers; OMB Control No.: 0572-0051″ (July 1, 2024)

89 FR 53946 Notice—Comment Period: “Notice of a Revision to a Currently Approved Information Collection” (June 28, 2024)

U.S. Codex Office

89 FR 54404 Notice: “International Standard-Setting Activities” (July 1, 2024)

89 FR 53038 Notice: “Codex Alimentarius Commission: Meeting of the Codex Committee on Nutrition and Foods for Special Dietary Uses” (June 25, 2024)

U.S. HOUSE AGRICULTURE COMMITTEE:

H.R.8865 “To nullify Executive Order 14072 and prohibit the Secretary of Agriculture and the Secretary of the Interior from implementing, administering, or enforcing such Executive Order or any substantially similar executive order.” Referred to the Committee on Natural Resources, and in addition to the Committees on Agriculture, Foreign Affairs, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. (June 27, 2024)

H.R.8862 “To reauthorize and amend the Magnuson-Stevens Fishery Conservation and Management Act, and for other purposes.” Referred to the Committee on Natural Resources, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. (June 27, 2024)

H.R.7920 “Agriculture Grants for Veterans Education and Training Services Act” Forwarded by Subcommittee to Full Committee by Voice Vote. (June 27, 2024)

H.R.8790 “Fix Our Forests Act” Ordered to be Reported in the Nature of a Substitute (Amended) by Voice Vote. (June 26, 2024)

H.R.8833 “To mend the Agricultural Marketing Act of 1946 to direct the Secretary of Agriculture to establish and maintain Regional Food and Supply Chain Resource Centers, and for other purposes.” Referred to the House Committee on Agriculture. (June 25, 2024)

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

No new actions June 23-29, 2024.

Agriculture-Related Legislative Hearings & Reports

Senate Committee on Agriculture, Nutrition, & Forestry, Oversight of Digital Commodities, July 10, 2024

Senate Committee on Agriculture, Nutrition, & Forestry, The State of Rural Infrastructure: Emergency Response, Recovery, and Resilience, July 10, 2024

STATE ACTIONS—EXECUTIVE & LEGISLATIVE

PENNSYLVANIA DEPARTMENT OF AGRICULTURE PRESS RELEASES
Shapiro Administration Announces Opportunity To Grow Pennsylvania Meat-Processing Businesses (July 1, 2024)

PENNSYLVANIA EXECUTIVE AGENCIES (Pa. Bulletin Vol. 54, No. 26—June 29 & July 6, 2024): 

Department of Environmental Protection

54 Pa.B. 3789 Application: “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. 3637 Application: “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”

Pennsylvania Milk Board

54 Pa.B. 3763 Notice: “Sunshine Meetings for Fiscal Year 2024-2025″

PENNSYLVANIA LEGISLATURE

HB 2451 “An Act amending the… Poultry Technician Licensure Law, further providing for collection of samples, for technician requirements, for licensure, for powers and duties of Secretary of Agriculture and for blood sample restrictions.” Third consideration and final passage (July 3, 2024)

SB 82 “An Act amending the… Dog Law, in short title and definitions, further providing for definitions; in licenses, tags and kennels, further providing for transfer of dog licenses or tags and other licensing requirements, for kennels, for requirements for kennels, for revocation or refusal of kennel licenses, for health certificates for importation and for service dogs and dogs used by municipal or State Police departments; and, in enforcement and penalties, further providing for rules and regulations.” Presented to the Governor (July 3, 2024)

HB 2286 “An Act amending the… Donated Food Limited Liability Act, further providing for donor immunity.” Re-committed to Appropriations (July 3, 2024)

HB 2470 “An Act providing for duties of Commonwealth agencies regarding insecticide-free native plants and for duties of Department of Conservation and Natural Resources regarding pollinator habitats and insecticide-free native plants.” Referred to Agriculture and Rural Affairs (July 1, 2024)

SB 1269 “An Act amending Title 3 (Agriculture) of the Pennsylvania Consolidated Statutes, establishing the Agriculture Innovation Grant Program and the Agriculture Innovation Board.” Re-reported as committed (July 1, 2024)

HB 2413 “An Act amending the… Dog Law, in short title and definitions, further providing for definitions; in licenses, tags and kennels, further providing for kennels, for requirements for kennels, for revocation or refusal of kennel licenses and for health certificates for importation; and, in enforcement and penalties, further providing for rules and regulations.” Referred to Agriculture and Rural Affairs (June 30, 2024)

HB 2451 “An Act amending the… Poultry Technician Licensure Law, further providing for collection of samples, for technician requirements, for licensure, for powers and duties of Secretary of Agriculture and for blood sample restrictions.” Re-committed to Appropriations (June 28, 2024)

SB 82 “An Act amending the… Dog Law, in short title and definitions, further providing for definitions; in licenses, tags and kennels, further providing for transfer of dog licenses or tags and other licensing requirements, for kennels, for requirements for kennels, for revocation or refusal of kennel licenses, for health certificates for importation and for service dogs and dogs used by municipal or State Police departments; and, in enforcement and penalties, further providing for rules and regulations.” Removed from table (June 28, 2024)

HB 2310 “An Act amending Title 3 (Agriculture) of the Pennsylvania Consolidated Statutes, establishing the Agriculture Innovation Grant Program and Agriculture Innovation Board.” Re-referred to Appropriations (June 27, 2024)

SB 1203 “An Act amending Title 3 (Agriculture) of the Pennsylvania Consolidated Statutes, in food protection, further providing for rules and regulations.” Re-referred to Appropriations (June 25, 2024)

HB 2286 “An Act amending the… Donated Food Limited Liability Act, further providing for donor immunity.” Re-committed to Rules (June 25, 2024)

HB 42 “An Act amending the… Milk Marketing Law, in licenses of milk dealers, further providing for penalties in lieu of suspension; and, in weighing and testing, further providing for certified testers and for certified weighers and samplers.” Re-committed to Rules (June 25, 2024)

SB 1269 “An Act amending Title 3 (Agriculture) of the Pennsylvania Consolidated Statutes, establishing the Agriculture Innovation Grant Program and the Agriculture Innovation Board.” Re-referred to Appropriations (June 25, 2024)

HB 2357 “An Act amending Title 3 (Agriculture) of the Pennsylvania Consolidated Statutes, establishing the Pennsylvania Food Bucks Program and the Pennsylvania Food Bucks Program Account; and making an appropriation.” Re-referred to Appropriations (June 25, 2024)

HB 1889 “An Act amending Title 3 (Agriculture) of the Pennsylvania Consolidated Statutes, in weights and measures, further providing for meter required.” Re-reported as committed (June 24, 2024)

 

Contributors:
Victoria Dutterer—Research Assistant
Samuel Sweeten—Research Assistant
Audry Thompson—Staff Attorney