July 8, 2025

Agricultural Law Weekly Review—July 8, 2025

Next Week: Tues. July 15—Quarterly Dairy Legal Webinar: 2025 Federal Milk Marketing Order Reforms

New! Progressive Dairy Podcast with Center Staff Attorney Brook Duer: How to Proactively Prepare and Protect Your Workforce Amid ICE Raids, I-9 Audits and Other Immigration Concerns

Agricultural Labor: DOL Publishes Proposed Rule to Rescind 2024 ‘Temporary Ag Worker Protections’ Rule 🌾
On July 2, 2025, the U.S. Department of Labor (DOL) Employment and Training Administration (ETA) and Wage and Hour Division (WHD) published in the Federal Register a proposed rule (90 FR 28919) to rescind the agencies’ 2024 final rule, “Improving Protections for Workers in Temporary Agricultural Employment in the United States,” which “addressed matters such as rights to engage in concerted activity; worker guest access to employer-provided housing; termination standards and progressive discipline; seat belt requirements; wage disclosure and payment obligations; and employer disclosure and certification obligations.” Previously, DOL announced that the agency would suspend enforcement of the rule, partly in response to multiple court orders. The proposed rule is available for public comment until September 2, 2025 (ETA-2025-0007). See also ALWR—July 1, 2025, “DOL Suspends Enforcement of 2024 ‘Temporary Ag Worker Protections’ Rule.”

Regulatory Policy: USDA Publishes Interim Rule to Rescind NEPA Regulations
On July 3, 2025, the U.S. Department of Agriculture (USDA) published in the Federal Register an interim final rule (90 FR 29632) removing several USDA regulations for implementing the National Environmental Policy Act (NEPA) at 7 CFR Part 1b (July 2, 2025). USDA states that its action is “in response to the Council on Environmental Quality’s rescission of its NEPA implementing regulations (which USDA’s NEPA regulations were designed to supplement), statutory changes to NEPA, executive orders, and case law.” According to the interim final rule, “the following individual agency NEPA regulations will be rescinded in full”:

The interim final rule is available for public comment until July 30, 2025 (USDA-2025-0008).

Water Issues: EPA Requests Public Input on Clean Water Act Section 401 Certification
On July 7, 2025, the U.S. Environmental Protection Agency (EPA) published in the Federal Register a proposed rule (90 FR 29828) announcing that the agency “will initiate a series of stakeholder listening sessions and invite written feedback on regulatory uncertainty or implementation challenges associated with the Clean Water Act (CWA) section 401 certification process as defined in the 2023 Water Quality Certification Improvement Rule,” which gives “states and authorized Tribes the authority to grant, deny, or waive certification of proposed federal licenses or permits that may discharge into waters of the United States.” Also announced by EPA, the action follows a May 21 memorandum stating “EPA’s longstanding position that states and Tribes must utilize CWA Section 401 only for its statutory purpose—to protect water quality,” and noting that “[i]f a certifying authority imposes certification conditions or denies certification” “based on potential impacts not connected to water quality (e.g., based solely on potential impacts to air quality, traffic, noise, project preference, or economic impacts that have no direct connection to water quality),” “then that certification decision would not comply with CWA Section 401 or the EPA’s regulations.” According to the proposed rule, written feedback must be received by EPA on or before August 6, 2025 (EPA-HQ-OW-2025-0272).

Nutrition Programs: USDA Publishes 2024 Annual SNAP Payment Error Rates
On June 30, 2025, the U.S. Department of Agriculture (USDA) Food and Nutrition Service (FNS) published the 2024 annual payment error rates (.xlsx) for the Supplemental Nutrition Assistance Program (SNAP). According to a corresponding announcement, “Forty-four states will be required to submit and execute corrective action plans for FY 2024” because they have “error rates at or above the 6% threshold.” The following states and territories have a total payment error rate below six percent: South Dakota (3.28%), Virgin Islands (3.54%), Idaho (3.59%), Wisconsin (4.47%), Wyoming (5.12%), Vermont (5.13%), Nebraska (5.50%), Utah (5.74%), and Nevada (5.94%). Additionally, USDA states that “states with continually high error rates—above the national average two consecutive years—are held financially responsible” and notes that “five states are in a multiple year liability status and will be assessed a fiscal sanction.” According to the 2024 data, Pennsylvania had a total error payment rate of 10.76% (9.49% overpayment and 1.27% under payment) and the national average error payment rate was 10.93%.

Dairy Policy: FDA Publishes Notices Allowing Standard of Identity Deviation for Cheese, Yogurt
On June 18, 2025, the U.S. Food and Drug Administration (FDA) published in the Federal Register two notices announcing amendments to temporary permits issued to Bongards’ Creameries (90 FR 26055; FDA-2024-N-0730) and Chobani, LLC (90 FR 26056; FDA-2023-N-0853) to market test dairy products deviating from their respective standard of identities. According to the notices, Bongards’ may market test “a maximum of 20 million pounds . . . of pasteurized process cheese made with olive oil as the slice anti-sticking agent” and Chobani may market test “a maximum of 150,000,000 pounds” of “yogurt . . . using ultrafiltered nonfat milk as a basic dairy ingredient.” According to the notices, FDA “also invites other interested parties to participate in the market test” under the conditions of the companies’ temporary permits.

Food Labeling: American Butter Institute Requests FDA Enforcement Action Against Country Crock ‘Dairy Free’ Butter
On June 25, 2025, the American Butter Institute (ABI) published a letter to the U.S. Food and Drug Administration (FDA) Office of Nutrition and Food Labeling “to call [FDA’s] attention to the Country Crock ‘Dairy Free’ unsalted/salted butter product,” which, the product’s label states, is “79% plant-based oil spread.” The letter claims that “this plant-based spread fails to meet the standard of identity for butter,” (21 U.S.C. § 321a) which “defines ‘butter’ to mean ‘the food product usually known as butter, and which is made exclusively from milk or cream, or both . . . and containing not less than 80 per centum by weight of milk fat.” ABI claims, “Because the Country Crock product’s principal display panel prominently bears the term ‘Butter,’ includes an image of a traditional red barn associated with dairy farms and employs an image of butter, there can be no mistake about the marketer’s intent to identify itself as butter, which is preferred by consumers, rather than what it really is, a plant-based spread similar to margarine.” The letter states that “the labeling of th[e] product must either be corrected, or the product should be withdrawn from sale as a false and misleading product” and “urge[s] FDA to take prompt enforcement action.”

 

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Resources of Interest:

Nat’l Agric. Law Ctr., Cottage Food Laws: Recent Trends and Major State Changes, Emily Stone (July 1, 2025)

Ohio St. Univ. Ext. Farm Off. Blog, Wasted Away in Litigationville, Robert Moore (July 3, 2025)

Ohio St. Univ. Ext. Farm Off. Blog, Selling Home-Produced Foods That Use Fresh Fruit: Know the Laws, Peggy Kirk Hall (July 1, 2025)

Tex. A&M Agric. Law Blog, Texas Supreme Court: Produced Water Conveys to Mineral Lessee, Tiffany Dowell Lashmet (June 30, 2025)

Agric. Law & Tax’n Blog, One Big Beautiful Bill Act—Commodities Subtitle, Roger A. McEowen (July 6, 2025)

Agric. Law & Tax’n Blog, It’s ‘Final Lap Week’ for the OBBB, Roger A. McEowen (June 30, 2025)

Univ. of Ill. Farm Policy News, Senate Prepares to Vote on Budget Bill with Farm Safety Net Improvements, Ryan Hanrahan (June 30, 2025)

Univ. of Ill. FarmDoc Daily, Reconciliation Bill Proposals to Add Base Acres, Gary Schnitkey, Nick Paulson, and Jonathan Coppess (July 1, 2025)

Univ. of Ill. Farm Policy News, SCOTUS Rejects Prop 12 Case, Seeks Government View on Roundup, Ryan Hanrahan (July 1, 2025)

STATE ACTIONS—EXECUTIVE & LEGISLATIVE

PENNSYLVANIA DEPARTMENT OF AGRICULTURE PRESS RELEASES

Shapiro Administration, State Grange Stress How SNAP, Other Federal Funding Cuts Will Hurt Pennsylvania Farms, Food Businesses, and Families (July 2, 2025)

Governor Shapiro, Secretary Redding, and Bipartisan Legislative Leaders Stand Together to Protect Critical Support for Pennsylvania Farmers, Food Banks, and Families (June 30, 2025)

PENNSYLVANIA EXECUTIVE AGENCIES (Pa. Bulletin Vol. 55, No. 27—July 5, 2025):  

Department of Environmental Protection

55 Pa.B. 4553 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”

55 Pa.B. 4618 Notice: “Sewage Advisory Committee Meetings”

Environmental Quality Board

55 Pa.B. 4628 Notice: “Meeting Cancellation”

PENNSYLVANIA LEGISLATURE

HB 615 “An Act amending . . . the Donated Food Limited Liability Act, further providing for donor immunity.” Act No. 13 of 2025 (June 30, 2025)

HB 1689 “An Act amending . . . the Tax Reform Code of 1971, in Pennsylvania Economic Development for a Growing Economy (PA EDGE) Tax Credits, providing for streamlining permits for economic expansion and development program; and making a repeal. “Referred to Environmental & Natural Resource Protection [House] (July 1, 2025)

SB 109 “An Act amending . . . the Dam Safety and Encroachments Act, further providing for definitions and for projects affecting submerged lands of the Commonwealth.” Act No. 19 of 2025 (June 30, 2025)

FEDERAL ACTIONS—EXECUTIVE & LEGISLATIVE

U.S. ENVIRONMENTAL PROTECTION AGENCY PRESS RELEASES

EPA to open public docket and host listening sessions on Clean Water Act Section 401 implementation challenges (July 1, 2025)

ICYMI: Administrator Zeldin in Milwaukee Journal Sentinel: Trump’s energy dominance plans driving manufacturing renaissance in Milwaukee (June 30, 2025)

EPA Will Revise Wastewater Rules to Support Electric Energy Reliability and Unleash American Energy (June 30, 2025)

EPA Administrator Zeldin Wraps Up Swing Across New Mexico, Illinois, and Wisconsin, Touting President Trump’s One Big Beautiful Bill (June 27, 2025)

U.S. DEPARTMENT OF AGRICULTURE (USDA) PRESS RELEASES

Alongside President Trump in Iowa, Secretary Rollins Called for Celebration of America by Recognizing America 250 at State Fairs Across the Nation (July 5, 2025)

Secretary Rollins Praises President Trump’s One Big Beautiful Bill (July 4, 2025)

Secretary Rollins Announces New Slate of Presidential Appointments to USDA (July 3, 2025)

Secretary Rollins Announces “Great American Farmers Market” to Celebrate America 250 on National Mall (July 3, 2025)

Make Agriculture Great Again Trade Wins: President Trump Secures Win for American Poultry Producers, Expands Market Access to Namibia (July 1, 2025)

USDA Signs Historic Agreement to Reduce Wildfire Risk in Montana (June 30, 2025)

USDA Announces the Phased Reopening of Southern Ports for Livestock Trade (June 30, 2025)

Secretary Rollins Rolls Back Overly Burdensome Environmental Regulations to Unleash American Innovation (June 30, 2025)

Stars, Stripes and Safe Bites (June 30, 2025)

ICYMI: Secretary Rollins Op-Ed in Newsweek “Farmers Win with the One Big Beautiful Bill” (June 30, 2025)

USDA AGENCY PRESS RELEASES

Agricultural Marketing Service (AMS)

Aggrigator Inc. Satisfies Terms of Consent Decision and Order Involving Alleged PACA Violations (July 3, 2025)

Animal and Plant Health Inspection Service (APHIS)

APHIS Deregulates First Pale Cyst Nematode-Infested Field in Program History (July 2, 2025)

USDA Announces the Phased Reopening of Southern Ports for Livestock Trade (June 30, 2025)

Farm Service Agency (FSA)

USDA Designates Four Montana Counties as Natural Disaster Areas Ten Contiguous Counties Also Eligible for Assistance (July 3, 2025)

USDA Designates Florida Counties as Natural Disaster Areas (July 3, 2025)

USDA Designates Three South Dakota Counties as Natural Disaster Areas (July 2, 2025)

USDA Reminds New Mexico Producers to File Crop Acreage Reports (July 1, 2025)

USDA Announces July 2025 Lending Rates for Agricultural Producers (July 1, 2025)

USDA Designates Three South Dakota Counties as Natural Disaster Areas (June 30, 2025)

USDA Offers Disaster Assistance to Agricultural Producers in North Dakota Impacted by Recent Severe Weather (June 30, 2025)

SBA Relief Still Available to Montana Small Businesses and Private Nonprofits Affected by Drought (June 30, 2025)

Food and Nutrition Service (FNS)

USDA Releases Annual SNAP Payment Error Rates for FY 2024 (June 30, 2025)

ICYMI: Secretary Rollins Op-Ed in Newsweek “Farmers Win With the One Big Beautiful Bill” (June 30, 2025)

Food Safety and Inspection Service (FSIS)

Constituent Update (July 3, 2025)

USDA’s Food Safety Essentials for Your Next Beach Trip (July 1, 2025)

Foreign Agricultural Service (FAS)

Export Sales to Unknown Destinations (July 3, 2025)

FY 2025 Food for Progress Notice of Funding Opportunity (July 1, 2025)

USDA Trade Mission to Expand Agricultural Exports in the Dominican Republic (July 1, 2025)

Export Sales to Unknown Destinations (June 30, 2025)

National Agricultural Statistics Service (NASS)

Corn planted acreage up 5% from 2024, soybean acreage down 4% from last year (June 30, 2025)

Acreage Grain Stocks and Rice Stocks (June 30, 2025)

Natural Resources Conservation Service (NRCS)

Soybeans, Strip Tilling, and Battling Salinity: Adding Acres into Conservation (July 2, 2025)

Follow the Chief: Northwestern Missouri Farmers Build Water Resilience with Help of NRCS Programs (July 1, 2025)

USDA Offers Disaster Assistance to Agricultural Producers in North Dakota Impacted by Recent Severe Weather (June 30, 2025)

Middle Fork Irrigation District Supplementary Scoping Meeting for the Clear Branch Dam Remedial Project (June 27, 2025)

Florida Regional Conservation Partnership Program Fiscal Year 2026 Land Management Applications Due July 31, 2025 (June 27, 2025)

FEDERAL EXECUTIVE AGENCIES (Federal Register: June 30–July 3, 2025):

Department of Agriculture

90 FR 29632 Interim final rule; request for public comment: “National Environmental Policy Act” (July 3, 2025)

90 FR 28716 Comment request: “Submission for OMB Review [Food and Nutrition Service: Federal-State Supplemental Nutrition Programs Agreement]” (July 1, 2025)

Environmental Protection Agency

90 FR 29515 Notice of filing of petitions and request for comment: “Receipt of Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various Commodities (February-May 2025)” (July 3, 2025)

90 FR 29003 Notice: “Cancellation Order for Certain Pesticide Registrations and/or Amendments to Terminate Uses” (July 2, 2025)

90 FR 29007 Notice: “Isocycloseram; Receipt of Application for Emergency Exemption, Solicitation of Public Comment” (July 2, 2025)

90 FR 27785 Final rule: “Technical Amendment to the List of OMB Approvals Under the Paperwork Reduction Act” (June 30, 2025)

90 FR 27910 Final rule: “Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Other Solid Waste Incineration Units Review” (June 30, 2025)

Employment and Training Administration and Wage and Hour Division

90 FR 2891 Proposed rule: “Recission of Final Rule: Improving Protections for Workers in Temporary Agricultural Employment in the United States” (July 2, 2025)

Food and Drug Administration

90 FR 29565 Notice: “Agency Information Collection Activities; Proposed Collection; Comment Request; Generic Clearance for Quick Turnaround Testing of Communication Effectiveness” (July 3, 2025)

90 FR 29563 Notice: “Agency Information Collection Activities; Announcement of Office of Management and Budget Approvals” (July 3, 2025)

90 FR 29559 Notice: “Agency Information Collection Activities; Proposed Collection; Comment Request; Warning Plans for Certain Tobacco Products” (July 3, 2025)

90 FR 29025 Notice: “Agency Information Collection Activities; Proposed Collection; Comment Request; Mitigation Strategies to Protect Food Against Intentional Adulteration” (July 2, 2025)

90 FR 29011 Notice: “Agency Information Collection Activities; Proposed Collection; Comment Request; Environmental Impact Considerations” (July 2, 2025)

Food Safety and Inspection Service

90 FR 29526 Notice and request for comments: “Notice of Request To Renew an Approved Information Collection: Import Inspection Application and Application for the Return of Exported Products to the United States” (July 3, 2025)

90 FR 27973 Final rule: “Removal of Pumped Bacon Sampling Regulations” (July 1, 2025)

90 FR 27822 Notice of proposed rulemaking: “Removal of Standard of Identity for Canned ‘Tripe With Milk’” (June 30, 2025)

Natural Resources Conservation Service

90 FR 27832 Notice of availability, request for comments: “Proposed Revisions to the National Handbook of Conservation Practices for the Natural Resources Conservation Service” (June 30, 2025)

Rural Housing Service

90 FR 27817 Proposed rule: “Revisions to the Calculation of Annual Household Income and Net Family Assets in the Section 515 Rural Rental Housing and Section 514/516 Farm Labor Housing Programs” (June 30, 2025)

Rural Utilities Service

90 FR 27833 Notice of availability of a Record of Decision: “Notice of Availability of a Record of Decision Regarding Central Electric Power Cooperative, Inc. Financial Assistance” (June 30, 2025)

90 FR 27833 Notice of availability of a Record of Decision: “Notice of Availability of a Record of Decision Regarding Central Electric Power Cooperative, Inc. Financial Assistance” (June 30, 2025)

U.S. HOUSE AGRICULTURE COMMITTEE

H.R.4284 “To amend the Small Tract Act of 1983 to authorize the Secretary of Agriculture to convey, without consideration, certain cemeteries, and for other purposes.” Referred to the Committees on Natural Resources and Agriculture (July 2, 2025)

H.R.4272 “To prioritize health care facilities and mental or behavioral health facilities in the Community Facilities program for fiscal years 2026 through 2031, and allow loans and grants under the program to be used for medical supplies, increasing telehealth capabilities, supporting staffing needs, or renovating and remodeling closed facilities.” Referred to the House Committee on Agriculture (July 2, 2025)

Agriculture-Related Legislative Hearings & Reports

U.S. House Ag. Comm., Safeguarding U.S. Agriculture: The Role of the National Animal Health Laboratory Network (NAHLN) (July 9, 2025, 10:00 AM ET)

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

No recent actions

 

Contributors:
Audry Thompson—Staff Attorney
Christina Fraser—Research Assistant