July 3, 2023

Agricultural Law Weekly Review—July 3, 2023

Food Labeling: USDA Issues Grant of Inspection to Upside Foods, Furthering Commercial Cell-Cultured Chicken Sales
On June 21, 2023, Upside Foods announced that the U.S. Department of Agriculture (USDA) Food Safety and Inspection Service (FSIS) issued the company a Grant of Inspection (GOI), marking the completion of the pre-market regulatory review process required for the company to produce and sell its cell-cultured chicken in the United States. The USDA approval follows Upside’s receipt of a “No Questions” letter from the U.S. Food and Drug Administration (FDA) on November 16, 2022, and a label approval from USDA on June 14, 2023. The company states, “Now that we’ve received clearance to begin commercial production, we can continue the process of scaling.” The cultivated chicken that Upside Foods produces will be subject to the same inspection process and will bear the same USDA seal as conventionally produced meat.

Animal Welfare: California Court Delays Implementation of Proposition 12
On June 16, 2023, the Sacramento County Superior Court issued an order approving the request of all parties in the case of California Hispanic Chambers of Commerce v. Ross to delay implementation of California’s Proposition 12 swine confinement standards until December 31, 2023. This order comes over a month after the U.S. Supreme Court upheld California’s Proposition 12 in National Pork Producers Council, et al. v. Ross, et al., No. 21-468. For background, see ALWR—June 12, 2023, “California Issues Prop 12 Guidance for Pork Sales.”

Agricultural Antitrust: Plaintiffs File for Preliminary Approval of $9.75 Million Settlement with Seaboard Foods in Class Action Pork Antitrust Litigation
On June 22, 2023, the Direct Purchase Plaintiffs (DPPs) filed a motion, memorandum of support, and a proposed order in the U.S. District Court for the District of Minnesota for preliminary approval of a $9.75 million settlement agreement between the DPPs and Defendant Seaboard Foods, Inc. in the class-action pork price-fixing antitrust multidistrict lawsuit, In re: Pork Antitrust Litigation, No. 0:18-cv-01776. This settlement agreement does not include reimbursement of litigation expenses or attorneys’ fees and the notice to the court states that the plaintiffs will seek additional reimbursement at a later date. For more background on this lawsuit, see the Center’s Agricultural Antitrust Litigation Issue Tracker, In re Pork Antitrust Litigation.

Antitrust: Plaintiffs Seek Preliminary Approval of $8 Million Settlement with Simmons in Class Action Poultry Antitrust Litigation
On June 12, 2023, the U.S. District Court for the Northern District of Illinois Eastern Division issued an order approving the Direct Purchaser Plaintiffs’ (DPPs) motion for preliminary approval of an $8 million settlement agreement with Simmons Foods, Inc. and Simmons Prepared Foods, Inc. in the consolidated class-action case In re Broiler Chicken Antitrust Litigation, No. 1:16-cv-08637. The court granted the order after DPPs concurrently filed a motion for preliminary approval of the settlement and a notice of the motion with a memorandum of support on June 1, 2023. The memorandum in support states the settlement funds will be used to reimburse litigation expenses and to distribute funds to Certified Class members. For more background on this lawsuit, see the Center’s Agricultural Antitrust Litigation Issue Tracker, In re Broiler Chicken Antitrust Litigation.

International Trade: United States and India Reach WTO Trade Agreement
On June 22, 2023, the Office of the U.S. Trade Representative (USTR) announced that the United States and India had reached an agreement resolving six ongoing disputes within the World Trade Organization (WTO). Under the agreement, India will lift retaliatory tariffs it had imposed on select U.S. products, including chickpeas, lentils, almonds, walnuts, apples, boric acid, and diagnostic reagents, in exchange for resolving trade disputes involving certain steel products and renewable energy sector measures. The two countries reached the agreement during Indian Prime Minister Narendra Modi’s recent official state visit to the United States.

Invasive Species: USDA Releases Spotted Lanternfly Five-Year Strategy
On Friday, June 23, 2023, the U.S. Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) released its Spotted Lanternfly (SLF) Five-Year Strategy for fiscal years 2024-2028.  According to the APHIS website, since first being detected in Pennsylvania in 2014, SLF has spread to a total of fourteen states. In 2022, APHIS established an SLF Strategic Planning Working Group with members of APHIS, the National Plant Board (NPB), and the National Association of State Departments of Agriculture (NASDA). The strategy outlines three goals for the mitigation of SLF’s impact using Federal and State resources: operations and implementation, research and support, and outreach and communication.

Dairy Policy: Pennsylvania Milk Marketing Board Issues Order Continuing $1 Over-Order Premium Until December 2023
On June 21, 2023, the Pennsylvania Milk Marketing Board (PMMB) issued an official general order continuing the $1.00 per hundredweight over-order premium for all Class 1 milk produced, processed, and sold in Pennsylvania, effective July 1, 2023, through December 31, 2023. Additionally, the order requires that the premium must be reflected in monthly statements to independent producers and cooperatives. The PMMB issued the order after holding a hearing on June 7, 2023.

Food Labeling: FDA to Conduct Study on Front-of-Package Labeling
On June 14, 2023, the U.S. Food and Drug Administration (FDA) announced a thirty-day procedural notice of the agency’s intention to conduct a study entitled: “Quantitative Research on Front of Package Labeling on Packaged Foods.” The study follows several FDA-led focus groups to gauge public reaction to front-of-package labelling and furthers the agency’s National Strategy to end hunger and increase healthy eating by 2030. FDA intends that front-of-package labelling will provide consumers with easier access to vital nutritional facts.

Food Safety: FDA Provides Food Traceability FAQ Guidance
On June 26, 2023, the U.S. Food and Drug Administration (FDA) announced new frequently asked questions (FAQs) and informational tools on the Food Safety Modernization Act Food Traceability Rule. The FAQs, prompted by the agency’s routine interactions with industry, cover how the new food traceability rule informs specific situations. Additionally, interested parties can track a food subject to the final rule by using FDA’s Food Traceability List.

Disaster Assistance Programs: USDA Announces Emergency Relief Program Changes to More Accurately Reflect Crop Losses
On June 14, 2023, the U.S. Department of Agriculture announced updates to the Emergency Relief Program (ERP) Phase Two, designed to more accurately assess losses incurred by producers of crops that do not directly create sales revenue, such as wine grapes and forage, from natural disasters in 2020 and 2021. According to the announcement, producers will be able to include crop values, determined by USDA Farm Service Agency (FSA) data, in their gross revenues to determine ERP payments. FSA is accepting program applications from eligible producers, due July 14, 2023.

National Agricultural Policy: USDA Allocates $2.7 Billion for School Meal Program Domestic Purchases and Emergency Food Operations
On June 23, 2023, the U.S. Department of Agriculture (USDA) announced that the agency will allocate $1.3 billion to the Supply Chain Assistance Funding for Schools program for domestic food purchases for state and territory meal programs. USDA also allocated $1 billion from the Emergency Food Assistance Program to purchase U.S. commodities. Additionally, the Commodity Credit Corporation allocated $400 million for grants to the Fertilizer Product Expansion Program.

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CENTER PROGRAMS & RESOURCES

Events:

Dairy Quarterly Legal Webinar. A free quarterly Zoom webinar series covering dairy industry legal and regulatory developments with an in-depth focus topic presentation. One hour of substantive CLE credit available for Pennsylvania-licensed attorneys at no charge. Recordings and materials from the series, more information, and registration available here. Next in the series:

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Resources of Interest

Pennsylvania Farm/Food Employers’ Listserv (PFEL) is a human resources networking group exclusively for farm and food employers. Subscribe by email with “subscribe” in the subject line to pfel-subscribe-request@lists.psu.edu.

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FEDERAL ACTIONS—EXECUTIVE & LEGISLATIVE

U.S DEPARTMENT OF AGRICULTURE (USDA) PRESS RELEASES

USDA Provides Significant Support for American Producers, School Meal Providers and Emergency Food Operations (June 23, 2023

Statement by Secretary Vilsack Regarding India’s Reduction In Retaliatory Tariffs on Agricultural Products (June 23, 2023)

Biden-Harris Administration Announces Intended Investment of Approximately $300 Million in 50 Projects Increasing Land, Capital, and Market Access for Underserved Producers (June 22, 2023)

U.S. Department of Agriculture, NASA Advance Exploration, Science (June 21, 2023)

Biden-Harris Administration Announces Inaugural “From Learning to Leading: Cultivating the Next Generation of Diverse Food and Agriculture Professionals Program” (June 21, 2023)

ENVIRONMENTAL PROTECTION AGENCY (EPA) PRESS RELEASES

Messer LLC to pay $1.9 million penalty for Clean Water Act violations at New Cumberland, WV facility (June 23, 2023)

EPA Marks National Pollinator Week by Proposing Protections for 27 of the Most Vulnerable Endangered Species, Including Some Pollinators, from Pesticides (June 22, 2023)

EPA Continues to Oversee the Groundwater Investigation at the Industrial Excess Landfill Superfund Site in Uniontown, Ohio (June 22, 2023)

USDA AGENCY PRESS RELEASES:

Agricultural Marketing Service (AMS)

California Firm Posts $100,000 Employment Bond (June 21, 2023)

USDA Files Action Against American Fruit & Produce Corp. in Florida for Alleged PACA Violations (June 21, 2023)

Agricultural Research Service

Varroa Mites and Deformed Wing Virus Make Honeybees More Susceptible to Insecticides (June 21, 2023)

Completing Genome of Rusty Patched Bumble Bee May Offer New Approach to Saving Endangered Bee (June 20, 2023)

Animal and Plant Health Inspection Service (APHIS)

USDA Releases Five-Year Strategy to Combat Spotted Lanternfly (June 23, 2023)
USDA Provides Additional $502 Million For Highly Pathogenic Avian Influenza – Stands Ready to Combat Additional Detections (June 22, 2023)

Farm Service Agency (FSA)

Biden-Harris Administration Announces Intended Investment of Approximately $300 Million in 50 Projects Increasing Land, Capital, and Market Access for Underserved Producers (June 22, 2023)

USDA Reminds Producers to File Crop Acreage Reports by July 17, Use New Online Map Features on Farmers.gov (June 21, 2023)

Foreign Agricultural Service (FAS)

U.S. Exporters Build New Partnerships During Ag Trade Mission to Japan (June 20, 2023)

USDA Accepting Applications for Chile Agribusiness Trade Mission (June 20, 2023)

National Institute of Food and Agriculture (NIFA)

USDA NIFA Invests in Positive Youth Development (June 21, 2023)

NIFA Invests $7.3 Million to Increase Food and Agriculture Educational Workforce (A7501) (June 21, 2023)

NIFA Invests $9.6 Million to Support Innovation in Animal Systems (A1261) (June 21, 2023)

NIFA Invests $7.5 Million to Safeguard Animal Welfare (A1251) (June 21, 2023)

USDA Announces Inaugural “From Learning to Leading: Cultivating the Next Generation of Diverse Food and Agriculture Professionals Program” (June 21, 2023)

USDA Unveils New Tool to Track Federally Funded Investments (June 20, 2023)

Natural Resources Conservation Service (NRCS)

USDA Hiring Engineers, Natural Resource Specialists Nationwide to Strengthen Inflation Reduction Act Implementation, Enhance Agricultural Conservation (June 23, 2023)

Public Notice Announcing Scoping Meetings for St. Mary Canal Modernization Project (June 22, 2023)

NRCS Funds Community Gardens in Philadelphia (June 20, 2023)

Risk Management Agency (RMA)

USDA Invites Input on Crop Insurance Coverage for Prevented Planting (June 23, 2023)

FEDERAL EXECUTIVE AGENCIES (Federal Register June 19–23, 2023):     

Agricultural Marketing Service

88 FR 41015 Final Rule: “Preserving Trust Benefits Under the Packers and Stockyards Act” (June 23, 2023)

Department of Agriculture

88 FR 39819 Notice: “Submission for OMB Review; Comment Request” (June 20, 2023)

Environmental Protection Agency

88 FR 40822 Notice: “Farm, Ranch, and Rural Communities Advisory Committee (FRRCC); Notice of Public Meeting” (June 22, 2023)

88 FR 40262 Notice: “Notice of Objections to Chlorpyrifos; Notice of Intent To Cancel Pesticide Registrations; Notice of Public Hearing” (June 21, 2023)

88 FR 39776 Final Rule: “Glufosinate; Pesticide Tolerances” (June 20, 2023)

88 FR 39780 Final Rule: “Sulfoxaflor; Pesticide Tolerance” (June 20, 2023)

88 FR 39770 Final Rule: “Trifloxystrobin; Pesticide Tolerances” (June 20, 2023)

88 FR 39845 Notice: “Implementation of PRIA 5 Bilingual Labeling Requirements To Make Bilingual Pesticide Labeling Accessible to Farmworkers; Request for Comments” (June 20, 2023)

Farm Service Agency

88 FR 39767 Rule: “Pandemic Assistance Programs and Agricultural Disaster Assistance Programs” (June 20, 2023)

Foreign Agricultural Service

88 FR 40193 Notice: “Notice of a Request for Revision and Extension of a Currently Approved Information Collection” (June 21, 2023)

88 FR 39821 Notice: “Notice of Request for an Extension of a Currently Approved Information Collection” (June 20, 2023)

Land Management Bureau

88 FR 39818 Proposed Rule: “Conservation and Landscape Health: Extension of Comment Period” (June 20, 2023)Rural Utilities Service

88 FR 40775 Proposed Rule: “Notice of Funding Opportunity for Calendar Year 2022 Disaster Water Grants Program for Fiscal Year 2023; Water and Environmental Programs” (June 22, 2023)

U.S. HOUSE AGRICULTURE COMMITTEE:

H.R.4359 “To require the Agricultural Research Service to conduct research relating to the exposure of wine grapes to wildfire smoke, and for other purposes.” (June 23, 2023)

H.R.4353 “To amend Public Law 91-378 to authorize activities relating to Civilian Conservation Centers, and for other purposes.” (June 23, 2023)

H.R.4351 “To amend the Rural Electrification Act of 1936 to improve access to broadband telecommunications services in rural areas, including by encouraging the provision of broadband loans and grants to increase broadband service in rural ports, and for other purposes.” (June 23, 2023)

H.R.4350 “To encourage and facilitate efforts by States and other stakeholders to conserve and sustain the western population of monarch butterflies, and for other purposes.” (June 23, 2023)

H.R.4327 “To direct the Secretary of Agriculture to establish the alternative manure management program, and for other purposes.” (June 23, 2023)

H.R.4308 “To amend the Federal Crop Insurance Act to require the Federal Crop Insurance Corporation to carry out research and development regarding a policy to insure wine grapes against losses due to smoke exposure, and for other purposes.” (June 22, 2023)

H.R.4302 “To provide for the accurate reporting of fossil fuel extraction and emissions by entities with leases on public land, and for other purposes.” (June 22, 2023)

H.R.4293 “To amend the Food for Peace Act to restore the original intent of commodity transfers, and for other purposes.” (June 22, 2023)

H.R.4290 “To amend the Federal Agriculture Improvement and Reform Act of 1996 to ensure that producers who rely on acequia systems have access to drought protections, and for other purposes.” (June 22, 2023)

H.R.4288 “To clarify the application of a certain provision of the Federal Insecticide, Fungicide, and Rodenticide Act with respect to the uniformity of pesticide labeling, consistent with the text of such Act, and for other purposes.” (June 22, 2023)

H.R.4277 “To direct the Administrator of the Environmental Protection Agency to take certain actions related to pesticides that may affect pollinators, and for other purposes. (June 22, 2023)

H.R.4248 “To amend the Food Security Act of 1985 to reestablish the Driftless Area Landscape Conservation Initiative, and for other purposes.” (June 21, 2023)

H.R.4239 “To amend the Department of Agriculture Reorganization Act of 1994 to establish the Rural Innovation and Partnership Administration and to amend the Consolidated Farm and Rural Development Act to establish the Rural Future Partnership Fund to invest in the rural areas of the United States to achieve their preferred future while maximizing their contribution to the well-being of the United States, and for other purposes.” (June 21, 2023)

H.R.4236 “To amend the Food, Agriculture, Conservation, and Trade Act of 1990 to modify the areas of focus for centers of excellence at 1890 Institutions, and for other purposes. (June 21, 2023)

H.R.4235 “To direct the Secretary of Agriculture and the Secretary of the Interior to establish a wildfire technology testbed pilot program, and for other purposes.” (June 21, 2023)

H.R.4228 “To restore employment and educational opportunities in, and improve the economic stability of, counties containing National Forest System land, while also reducing Forest Service management costs, by ensuring that such counties have a dependable source of revenue from timber sales conducted on National Forest System land, to reduce payments under the Secure Rural Schools and Community Self-Determination Act of 2000 to reflect such counties receipt of timber sale revenues, to strengthen stewardship end result contracting, and for other purposes.” (June 20, 2023)

H.R.4227 “To amend the Rural Electrification Act of 1936 to establish the ReConnect program under that Act, and for other purposes.” (June 20, 2023)

H.R.4216 “To make available certain unobligated balances to carry out a timber block grant program.” (June 20, 2023)

H.R.4213 “To amend the Food Security Act of 1985 to modify the conservation reserve enhancement program.” (June 20, 2023)

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

S.2211 “A bill to amend the Department of Agriculture Reorganization Act of 1994 to establish the Office of Aquaculture, and for other purposes.” (June 22, 2023)

S.2208 “A bill to require the Secretary of Agriculture to provide support for domestically harvested seafood, and for other purposes.” (June 22, 2023)

S.2199 “A bill to amend the Agricultural Marketing Act of 1946 to establish a pollinator-friendly plant labeling program, and for other purposes.” (June 22, 2023)

S.2192 “A bill to amend the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to include representation of the State of Georgia on the Citrus Disease Subcommittee of the Specialty Crops Committee, and for other purposes.” (June 22, 2023)

S.2182 “A bill to amend the Agricultural Marketing Act of 1946 to establish a label designating fish harvested in the United States exclusive economic zone or navigable waters as wild USA seafood, and for other purposes.” (June 22, 2023)

S.2180 “A bill to amend the Food Security Act of 1985 to require the Secretary of Agriculture to establish a small farm EQIP subprogram under the environmental quality incentives program, and for other purposes.” (June 22, 2023)

S.2155 “A bill to amend the Department of Agriculture Reorganization Act of 1994 to establish the Rural Innovation and Partnership Administration and to amend the Consolidated Farm and Rural Development Act to establish the Rural Future Partnership Fund to invest in the rural areas of the United States to achieve their preferred future while maximizing their contribution to the well-being of the United States, and for other purposes.” (June 22, 2023)

S.2135 “A bill to require the Agricultural Research Service to conduct research relating to wildfire smoke exposure on wine grapes, and for other purposes.” (June 22, 2023)

S.2134 “A bill to amend the Federal Crop Insurance Act to require research and development regarding a policy to insure wine grapes against losses due to smoke exposure, and for other purposes.” (June 22, 2023)

S.2104 “A bill to amend the Federal Crop Insurance Act to allow for the separation of enterprise units by continuous and fallow cropping systems.” (June 22, 2023)

S.2097 “A bill to amend the Agricultural Act of 2014 to improve a program that provides livestock disaster assistance, and for other programs.” (June 22, 2023)

S.2077 “A bill to amend the Federal Agriculture Improvement and Reform Act of 1996 to ensure that producers who rely on acequia systems have access to drought protections, and for other purposes.” (June 21, 2023)

S.2060 “A bill to amend the Agricultural Foreign Investment Disclosure Act of 1978 to strengthen oversight over foreign investment in the United States agricultural industry, and for other purposes.” (June 20, 2023)

S.2058 “A bill to amend the Food, Agriculture, Conservation, and Trade Act of 1990 to modify the areas of focus for centers of excellence at 1890 Institutions, and for other purposes.” (June 20, 2023)

STATE ACTIONS—EXECUTIVE & LEGISLATIVE 

PENNSYLVANIA DEPARTMENT OF AGRICULTURE PRESS RELEASES:

Shapiro Administration Invests $10.2 Million To Protect 29 Farms, 2,044 Acres In 15 Counties From Commercial Or Residential Development (June 21, 2023)

PENNSYLVANIA EXECUTIVE AGENCIES (Pa. Bulletin Vol. 53, No. 25—June 24, 2023): 

Department of Conservation and Natural Resource

53 Pa.B. 3331 Notices: “Governor’s Advisory Council for Hunting, Fishing and Conservation Public Meeting”

Department of Environmental Protection

53 Pa.B. 2421 Applications: “Applications, Actions and Special Notices”

53 Pa.B. 2484 Notices: “Availability of Technical Guidance”

53 Pa.B. 2485 Notices: “Bid Opportunity”

53 Pa.B. 2485 Notices: “Planning Grant Awards under Section 901 of the Municipal Waste Planning, Recycling and Waste Reduction Act, Act 101 of 1988”

53 Pa.B. 2485 Notices: “Stream Redesignation Evaluation of Brodhead Creek; Water Quality Standards Review”

PENNSYLVANIA LEGISLATURE

HR 159 “A Resolution condemning elected members who believe that the mistreatment of workers, including the elimination of water breaks in high-temperature conditions, is acceptable.” Reported as committed, June 28, 2023 [House] (June 24, 2023)

SB 782 “An Act amending the act of May 19, 1995 (P.L.43, No.4), known as the Industrial Sites Environmental Assessment Act, further providing for grants and loans; providing for industrial sites cleanup financial assistance; making an interfund transfer; providing for transitional provisions; and making a repeal.” Referred to Enivronmental Resources and Energy, June 23, 2023 [Senate] (June 24, 2023)

 

Written by:
Victoria Dutterer, Research Assistant 
Mary Johnson, Research Assistant 
Josh Narey, Research Assistant 
Lonzie Helms, Research Assistant 
Sergio Porras, Research Assistant 
Audry Thompson, Staff Attorney