July 30, 2023

Agricultural Law Weekly Review—July 31, 2023

Dairy Policy: USDA Will Hold Hearing on Federal Milk Marketing Order Pricing 🌾
On July 24, 2023, the U.S. Department of Agriculture (USDA) Agricultural Marketing Service (AMS) published in the Federal Register a proposed rule (88 FR 47396) announcing that, on August 23, 2023, the agency will hold a public hearing to discuss proposals to amend the pricing formula for all eleven Federal Milk Marketing Orders (FMMOs).  According to an announcement from AMS, the agency has received 40 proposals, but during the hearing will only consider 21 proposals which “directly impact the uniform pricing formulas.”  The proposals aim to revise “the milk composition factors, commodity product prices, Class III and Class IV formula factors, base Class I skim milk, and Class I and Class II differentials.”

Antitrust: Department of Justice and Federal Trade Commission Publish Draft Merger Guidelines
On July 19, 2023, the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) published Draft Merger Guidelines, which update the agencies’ guidelines for review of mergers and acquisitions to evaluate compliance with antitrust laws.  According to a DOJ press release, the Guidelines document lists 13 framework guidelines, including whether “a merger involv[ing] competing buyers . . . may substantially lessen competition” and whether a merger “substantially lessen[s] competition by . . . control[ing] products or services that its rivals may use to compete.”  The Draft Guidelines are open for public comment until September 18, 2023.

Agricultural Labor: Maine Governor Vetoes Agricultural Employee Wage Bill, Establishes Committee
On July 19, 2023, the Governor of Maine vetoed a bill entitled “An Act to Make Agricultural Workers and Other Related Workers Employees Under Wage and Hour Laws.” (LD 398/HP 249). The bill would have recognized farmworkers as employees under Maine law, entitling them to state minimum wage and overtime rates. In her veto memo, the Governor stated that although she “strongly support[s] a minimum wage for farm workers,” she “reluctantly” vetoed the bill because the “confusing evolution of the legislation has led to a series of questions . . . about the true scope of the language,” noting that “‘agricultural workers’ and ‘agricultural labor’ are terms used elsewhere in Maine law for other, different purposes.” On July 25, the governor issued an executive order to establish a committee to develop an agricultural employee minimum wage. According to the order, the committee will report its findings and recommendations by December 1, 2023, and the governor will prepare legislation to introduce in the legislature’s second session.

Antitrust: USDA Announces Agricultural Competition Partnership and Farmer Seed Liaison
On July 19, 2023, the U.S. Department of Agriculture (USDA) announced the new Agricultural Competition Partnership, a coordination between USDA, 31 states, and Washington D.C., which will provide funding to state attorneys general offices to support research, education, and enforcement to address anticompetitive practices in the agricultural sector.  Also announced by the White House, the partnership is part of the “whole-of-government” approach outlined in the President’s July 2021 executive order.  Additionally, USDA also announced the Farmer Seed Liaison, a web tool that will provide automated searches of the U.S. Patent and Trademark Office’s docket for plant patents and plant breeding utility patents of common crop types.

Conservation Programs: ADM Announces Conservation Efforts, Cargill Announces Carbon Trading Credit Methodology
On July 18, 2023, Archer Daniels Midland (ADM) announced an expansion of its re:generations™ program to enroll 2 million acres in 2023 and 4 million acres by 2025.  The program offers “financial incentives and technical support” for participants who adopt practices that “improve soil health, reduce greenhouse gas emissions, and enhance biodiversity.”  Additionally, on July 19, 2023, Cargill announced a new Gold Standard-approved methodology to measure and quantify methane emission reductions that uses feed supplements. Cargill states that it will use the Gold-Standard “Verified Emissions Reductions” (VERs)—which are eligible for carbon market trading—within its Reach4Reduction program.  Producers in the program must first establish a three-year emissions baseline and then may participate in the five-year project crediting period, during which they will administer the feed supplements and track emissions.

 

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CENTER PROGRAMS & RESOURCES

Events:

Understanding Agricultural Law. A free monthly Zoom webinar series for all agricultural and rural business advisors. 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. Upcoming:

3rd Annual Penn State Solar Law Symposium

  • Aug. 23, 2023, noon–4:15 pm (ET). Topics to include grid scale solar overview; solar development from the perspectives of the landowner, the developer, and the municipality; Public Utility Commission considerations; and PJM considerations.

Where Will Pennsylvania’s Solar Future Be Located and How Will It Get There?

  • Oct. 25, 2023, 1:00–2:00pm (ET). Staff attorney Brook Duer will present with WeConservePA.

Resources of Interest:

Pennsylvania Farm/Food Employers’ Listserv (PFEL) is a human resources networking group for farm and food employers, open to anyone associated with managing farm employees from any state. Subscribe here.

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FEDERAL ACTIONS—EXECUTIVE & LEGISLATIVE

U.S DEPARTMENT OF AGRICULTURE (USDA) PRESS RELEASES

Food Help on the Way for Vermont Households Hit by Severe Storms (July 21, 2023)

Biden-Harris Administration Announces Investments in Urban Agriculture, Food and Market Access through President Biden’s Investing in America Agenda (July 21, 2023)

USDA Launches Historic Partnership with Bipartisan State Attorneys General to Help Reduce Anticompetitive Barriers Across Food, Agriculture Supply Chains (July 19, 2023)

USDA Launches Historic Partnership with Bipartisan State Attorneys General to Help Reduce Anticompetitive Barriers Across Food, Agriculture Supply Chains (July 18, 2023)

USDA Assists Farmers, Ranchers, and Communities Affected by Recent Flooding in Vermont (July 17, 2023)

Don’t Flunk Food Safety This School Year (July 17, 2023)

ENVIRONMENTAL PROTECTION AGENCY (EPA) PRESS RELEASES

EPA Proposes to Streamline Requirements for States and Tribes, Strengthen Co-Regulator Partnerships to Protect Nation’s Waters (July 19, 2023)

Biden-Harris Administration Proposes Workplace Safety Requirements for Carbon Tetrachloride to Protect Worker Health, Fenceline Communities (July 17, 2023)

USDA AGENCY PRESS RELEASES:

Agricultural Marketing Service (AMS)

USDA issues a Packers and Stockyards Complaint against Thomas D. Unger (July 19, 2023)

USDA issues a Packers and Stockyards Complaint against Ravenna Auction LLC. and Laverne Lettinga (July 19, 2023)

USDA Settles a Packers and Stockyards Case with Adam Smith Livestock (July 18, 2023)

USDA Settles a Packers and Stockyards Case with Joplin Regional Stockyards Inc. (July 18, 2023)

Agricultural Research Service (ARS)
July Issue of ARS Food and Nutrition Research Briefs Released (July 19, 2023)

Animal and Plant Health Inspection Service (APHIS)

USDA Seeks Comment on Proposal to Withdraw Horse Protection Act Final Rule; Plans Strengthened Protections for Horses (July 19, 2023)

Farm Service Agency (FSA)

USDA Accepts Nearly 2.7 Million Acres in Grassland CRP Signup, Successfully Closing the Gap and bringing CRP Near to Acreage Cap (July 21, 2023)

Biden-Harris Administration Announces Investments in Urban Agriculture, Food and Market Access through President Biden’s Investing in America Agenda (July 21, 2023)

Food and Nutrition Service

Biden-Harris Administration Announces Investments in Urban Agriculture, Food and Market Access through President Biden’s Investing in America Agenda  (July 21, 2023)

Nutrition Security: Building on Our Work to Date and Accelerating Progress (July 20, 2023)

USDA Assists Farmers, Ranchers, and Communities Affected by Recent Flooding in Vermont (July 17, 2023)

Foreign Agricultural Service (FAS)

Under Secretary Moffitt Leads U.S. Delegation to UN Food Systems Summit Stocktaking in Rome (July 20, 2023)

USDA Accepting Applications for Agribusiness Trade Mission to Southeast Asia (July 19, 2023)

National Agricultural Statistics Service

United States cattle inventory down 3% (July 21, 2023)

National Institute of Food and Agriculture (NIFA)

GusNIP Program Improves Fruit and Vegetable Intake (July 20, 2023)

USDA-NIFA Awards a FADI-EDEN Grant to the Extension Foundation to Maximize BioSecurity Threat Resilience (July 19, 2023)

Understanding Bioactive Dietary Chemicals (July 19, 2023)

NIFA Invests $8 Million to Improve Water Science, Conservation (AFRI A1411) (July 18, 2023)

Natural Resources Conservation Service (NRCS)

Hanover Shoe Farms Celebrates the Preservation of Over 1,700 acres (July 24, 2023)

Visually-Impaired Farmer Puts Conservation First (July 24, 2023)

Biden-Harris Administration Announces Investments in Urban Agriculture, Food and Market Access through President Biden’s Investing in America Agenda (July 21, 2023)

USDA Seeks Proposals for Joint Chiefs’ Landscape Restoration Partnership (July 20, 2023)

Partner Spotlight: Ridges to Reefs (July 20, 2023)

USDA Seeks Disaster Recovery Needs in Southeastern Pennsylvania (July 20, 2023)

USDA Invests $7.4 Million in 25 Urban Agriculture and Innovative Production Efforts (July 18, 2023)

Federal, State, Local Officials Celebrate Preservation of Over 1,700 Acres in Adams County (July 18, 2023)

Webinar: Use of Precision Ag Technologies to Strengthen Cropland Conservation Efforts and Farm Profitability (July 17, 2023)

FEDERAL EXECUTIVE AGENCIES (Federal Register July 17–21, 2023):   

Agricultural Marketing Service

88 FR 46016 Proposed Rule: “Milk in the Appalachian, Florida, and Southeast Marketing Areas; Recommended Decision on Proposed Amendments to Marketing Agreements and to Orders” (July 18, 2023)

Agriculture Department

88 FR 47102 Notice: “Submission for OMB Review; Comment Request; Request [Modernization of Poultry Slaughter Inspection]” (July 21, 2023)

88 FR 47101 Notice: “Submission for OMB Review; Comment Request; Request [Modernization of Poultry Slaughter Inspection]” (July 21, 2023)

88 FR 47101 Notice: “Submission for OMB Review; Comment Request; Request [Field Crops Production.]” (July 21, 2023)

88 FR 47100 Notice: “Submission for OMB Review; Comment Request; Request [Food Distribution Programs.]” (July 21, 2023)

88 FR 45882 Notice: “Privacy Act of 1974; System of Records” (July 18, 2023)

88 FR 45387 Notice: “Submission for OMB Review; Comment Request; Request [Performance Reporting System, Management Evaluation.]” (July 17, 2023)

Animal and Plant Health Inspection

88 FR 47068 Proposed Rule: “Horse Protection; Licensing of Designated Qualified Persons and Other Amendments” (July 21, 2023)

88 FR 46731 Notice: “Notice of Request for Extension of Approval of an Information Collection; APHIS Pest Reporting and Asian Longhorn Beetle Program” (July 20, 2023)

Environmental Protection Agency

88 FR 46077 Final Rule: “Pesticide Tolerances; Implementing Registration Review Decisions for Certain Pesticides; Aluminum tris (O-ethylphosphonate), Carbon disulfide, et al.” (July 19, 2023)

88 FR 45900 Notice: “Proposed Settlement Agreement, Clean Water Act and Administrative Procedure Act Claims” (July 18, 2023)

88 FR 45901 Notice: “Proposed Reissuance of National Pollutant Discharge Elimination System (NPDES) General Permit for Federal Aquaculture Facilities and Aquaculture Facilities Located in Indian Country in Washington (WAG130000)” (July 18, 2023)

88 FR 45900 Notice: “Proposed Modification of National Pollutant Discharge Elimination System General Permit for Concentrated Animal Feeding Operations Located in Idaho (IDG010000)” (July 18, 2023)

88 FR 45417 Notice: “Draft Guidance for the Evaluation of Products for Claims Against Viruses; Notice of Availability and Request for Comments” (July 17, 2023)

88 FR 45418 Notice: “Proposed Stipulated Partial Settlement Agreement, Endangered Species Act Claims” (July 17, 2023)

Farm Service Agency

88 FR 47102 Notice: “Information Collection Request; Online Loan Application for Direct Loan Making Program and Direct Loan Servicing” (July 21, 2023)Fish and Wildlife Service

88 FR 46088 Final Rule: “Endangered and Threatened Wildlife and Plants; Removing Golden Paintbrush From the Federal List of Endangered and Threatened Plants” (July 19, 2023)

Food and Drug Administration

88 FR 47147 Notice: “Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Current Good Manufacturing Practice Regulations for Medicated Feeds” (July 21, 2023)

88 FR 47145 Notice: “Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Potential Tobacco Product Violations Reporting Form” (July 21, 2023)

International Trade Commission

88 FR 45922 Notice: “Distributional Effects of Trade and Trade Policy on U.S. Workers, 2026 Report” (July 18, 2023)

U.S. HOUSE AGRICULTURE COMMITTEE:

H.R.4815 “To amend the Food and Nutrition Act of 2008 to expand the medical expense deduction, and for other purposes.” (July 20, 2023)

H.R.4805 “To prohibit the use of Federal funds to support lab-grown meat, and for other purposes.” (July 20, 2023)

H.R.4804 “To require the Federal Crop Insurance Corporation to revise the terms of the Standard Reinsurance Agreement and the Livestock Price Reinsurance Agreement, and for other purposes.” (July 20, 2023)

H.R.4800 “To amend the Food Security Act of 1985 to establish an exception to certain payment limitations in the case of person or legal entity that derives income from agriculture, and for other purposes.” (July 20, 2023)

H.R.4789 “To provide support and assistance to unborn children, pregnant women, parents, and families.” (July 20, 2023)

H.R.4772 “To require that a State be ineligible to receive funds under certain Federal programs unless the State has in effect a State law restricting the purchase of agricultural land by certain foreign persons, and for other purposes.” (July 20, 2023)

H.R.4764 “To establish a standard of identity for honey, and for other purposes.” (July 20, 2023)

H.R.4763 “Financial Innovation and Technology for the 21st Century Act.” (July 20, 2023)

H.R.4746 “To provide access to reliable, clean, and drinkable water on Tribal lands, and for other purposes.” (July 19, 2023)

H.R.4745 “To amend the Agriculture and Consumer Protection Act of 1973 to establish a pilot grant program to award grants to facilitate home delivery of commodities under the commodity supplemental food program, and for other purposes.” (July 19, 2023)

H.R.4739 “To amend the Agricultural Act of 2014 with respect to the tree assistance program, and for other purposes.” (July 19, 2023)

H.R.4736 “To amend the Consolidated Farm and Rural Development Act to provide support for facilities providing healthcare, education, child care, public safety, and other vital services in rural areas.” (July 19, 2023)

H.R.4717 “To amend the Healthy Forests Restoration Act of 2003 with respect to third-party contracts for wildfire hazard fuel removal, to amend the National Forest Management Act with respect to the threshold for advertised timber sales, and for other purposes.” (July 18, 2023)

H.R.4713 “To codify the Rural Hospital Technical Assistance Program of the Department of Agriculture.” (July 18, 2023)

H.R.4706 “To establish the Interagency Task Force to Address Hunger and Promote Access to Healthy Food Among Older Adults and Adults with Disabilities, and for other purposes.” (July 18, 2023)

H.R.4698 “To provide for a study on food animal microbiomes, and for other purposes.” (July 18, 2023)

H.R.4689 “To amend the Federal Power Act to facilitate more expeditious review and permitting of certain electric transmission facilities, and for other purposes.” (July 17, 2023)

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

S.2457 “A bill to amend the Department of Agriculture Reorganization Act of 1994 to establish an Office of Self-Governance, and for other purposes.” (July 20, 2023)

S.2452 “A bill to amend the Farm Security and Rural Investment Act of 2002 to improve the biobased markets program, and for other purposes.” (July 20, 2023)

S.2449 “A bill to amend the Food and Nutrition Act of 2008 to make permanent the moratorium on benefit transaction fees, and for other purposes.” (July 20, 2023)

S.2447 “A bill to reauthorize the distance learning and telemedicine grant program, and for other purposes.” (July 20, 2023)

S.2435 “A bill to amend the Food and Nutrition Act of 2008 to repeal the particular work requirement that disqualifies able-bodied adults for eligibility to participate in the supplemental nutrition assistance program, and for other purposes.” (July 20, 2023)

S.2432 “A bill to amend the Food and Nutrition Act of 2008 to expand the medical expense deduction, and for other purposes.” (July 20, 2023)

S.2421 “A bill to require the Federal Crop Insurance Corporation to revise the terms of the Standard Reinsurance Agreement and the Livestock Price Reinsurance Agreement, and for other purposes.” (July 20, 2023)

S.2412 “A bill to require the Secretary of Agriculture to allow emergency haying under the conservation reserve program during the primary nesting season under certain conditions.” (July 20, 2023)

S.2388 “A bill to amend the Consolidated Farm and Rural Development Act to establish a cybersecurity circuit rider program to provide cybersecurity-related technical assistance to certain entities that operate rural water or wastewater systems.” (July 19, 2023)

S.2382 “A bill to amend the Agricultural Foreign Investment Disclosure Act of 1978 to remove the limitation on the amount of a civil penalty, and for other purposes.” (July 19, 2023)

S.2380 “A bill to amend the Food, Agriculture, Conservation, and Trade Act of 1990 to improve assistance for socially disadvantaged farmers and ranchers and veteran farmers and ranchers, and for other purposes.” (July 19, 2023)

S.2370 “A bill to amend the Bill Emerson Good Samaritan Food Donation Act to provide protection for the good faith donation of pet products, and for other purposes.” (July 19, 2023)

S.2361 “A bill to establish the Interagency Task Force to Address Hunger and Promote Access to Healthy Food Among Older Adults and Adults with Disabilities, and for other purposes.” (July 18, 2023)

S.2354 “A bill to improve access to healthy foods, food processing, housing, forestry, agricultural research, and other agricultural programs, and Tribal self-determination relating to those programs, in the State of Alaska, and for other purposes.” (July 18, 2023)

S.2353 “A bill to provide for cost-share waivers for projects carried out in response to wildland fires caused by certain Government actions, and for other purposes.” (July 18, 2023)

S.2341 “A bill to amend the Food, Agriculture, Conservation, and Trade Act of 1990 to authorize grants for eligible institutions to carry out agriculture workforce training programs, and for other purposes.” (July 18, 2023)

S.2340 “A bill to establish the Increasing Land, Capital, and Market Access Program within the Farm Service Agency Office of Outreach and Education.” (July 18, 2023)

STATE ACTIONS—EXECUTIVE & LEGISLATIVE 

PENNSYLVANIA DEPARTMENT OF AGRICULTURE PRESS RELEASES:

Agriculture Department Warns Consumers To Discard Dove Song Dairy Brand Raw Goat Milk Products Due To Possible Contamination (July 18, 2023)

PENNSYLVANIA EXECUTIVE AGENCIES (Pa. Bulletin Vol. 53, No. 29—July 22, 2023): 
Conservation and Natural Resources Advisory Council Public Meeting

53 Pa.B. 3837 Notice: “Conservation and Natural Resources Advisory Council Public Meeting”

Department of Environmental Protection

53 Pa.B. 3837 Notice: “Applications for National Pollutant Discharge Elimination System (NPDES) Permits and Water Quality Management (WQM) Permits Under the Clean Streams Law and Federal Clean Water Act”

PENNSYLVANIA LEGISLATURE

No actions this week

 

Contributors:
Victoria Dutterer—Research Assistant 
Mary Johnson—Research Assistant 
Lonzie Helms—Research Assistant
Joshua Narey—Research Assistant
Audry Thompson—Staff Attorney