June 26, 2023

Agricultural Law Weekly Review—June 26, 2023

Food Labeling: USDA Announces Antibiotic Sampling Project and Industry Guidance to Verify Animal-Raising Claims 🌾
On June 14, 2023, the U.S. Department of Agriculture (USDA) announced that the department’s Food Safety and Inspection Service (FSIS) and Agricultural Research Service (ARS) will take actions to verify animal-rising claims, like “raised without antibiotics,” “grass-fed,” and “free-range.”  According to the announcement, the agencies will initiate a sampling project to determine antibiotic residues in cattle “raised without antibiotics” and FSIS will issue guidance “strongly encourage[ing] use of third-party certification” to justify animal-raising claims.  USDA states that the results of the sampling project will “inform whether FSIS should require that laboratory testing results be submitted for the ‘raised without antibiotics’ claim or start a new verification sampling program.”

Food Labeling: FDA Extends Comment Period for Dietary Guidance Statements in Food Labeling
On June 15, 2023, the U.S. Food and Drug Administration (FDA) published a notice in the Federal Register (88 FR 39256) extending the comment period for draft guidance published March 27, 2023, entitled “Questions and Answers About Dietary Guidance Statements in Food Labeling.”  Also announced by FDA, the draft guidance offers the agency’s latest advice about how and when to use dietary guidance statements in food labeling.  The comment period for the guidance has been extended to September 25, 2023.

Technology: American Farm Bureau Signs Right to Repair MOU with CLAAS America
On Wednesday, June 14, 2023, the American Farm Bureau Federation (AFBF) signed a memorandum of understanding (MOU) with CLAAS of America, an agricultural machinery manufacturer, reinforcing farmers’ right to repair their farm equipment.  Also announced by AFBF, the MOU guarantees that CLAAS will ensure that farmers and independent repair facilities have access to CLAAS’s tools, specialty tools, software, and documentation, as well as codes and data. See also ALWR—Jan. 16, 2023, “American Farm Bureau & John Deere Sign Right to Repair MOU,” ALWR—Mar. 20, 2023, “American Farm Bureau and CNH Industrial Brands Sign a Right-to-Repair MOU,” and ALWR—May 29, 2023, “American Farm Bureau Signs Right to Repair MOUs with AGCO and Kubota.”

Conservation Programs: Missouri Supreme Court Holds State Conservation Commission Can Spend Funds for Any Constitutional Purpose
On June 13, 2023, the Supreme Court of Missouri released a 4-3 per curiam decision affirming the circuit court and holding that the Missouri General Assembly lacks the authority to restrict the Missouri Conservation Commission from using appropriated funds for land acquisition. Conservation Commn. v. Bailey, No. SC 99092.  Missouri citizens created the apolitical Conservation Commission in 1936 when they approved Amendment IV to the state constitution. The court stated that, by removing language from House Bill No. 2019 (2020) regarding “several constitutional purposes for which the appropriation could be used,” the legislature “invaded the constitutionally enumerated purposes for which the Conservation Commission could use its funds.”

Pesticides/Herbicides: Illinois Passes Law to Fine Pesticide Applicators for Each Person Exposed
On June 13, 2023, Illinois Governor J.B. Pritzker signed into law SB 0203, which imposes a fine on pesticide applicators for each human exposed to pesticides.  Under the law, an applicator can be fined $500 per human for exposing 1–2 humans to pesticides; $750 per human for exposing 3–4 humans; and $1,250 per human for exposing 5 or more humans.  The law originated in 2019 in response to an incident where farmworkers were sprayed with pesticide that caused health complications for the workers and their infant children. The bill became effective upon the governor’s approval.

Water Quality: DOI and Bureau of Reclamation to Prepare Environmental Impact Statement for Post-2026 Colorado River Reservoir Operational Guidelines
On June 16, 2023, the U.S. Department of Interior (DOI) published a notice in the Federal Register (88 FR 39455) directing the Bureau of Reclamation (Reclamation) to begin developing an environmental impact statement (EIS) to inform “post-2026 Colorado River reservoir operational guidelines and strategies for Lake Powell and Lake Mead.”  The DOI announced that the new guidelines and strategies will focus on “protect[ing] the stability and sustainability of the Colorado River” and will replace the 2007 Colorado River Interim Guidelines for Lower Basin Shortages and the Coordinated Operations for Lake Powell and Lake Mead, which will expire at the end of 2026.  Reclamation is holding three virtual public meetings in mid-July to receive oral comments and will accept public comments until August 15, 2023.

Agribusiness: Bunge and Viterra Agree to $8.2 Billion Merger
On Tuesday, June 13, 2023, American agribusiness Bunge Limited reached an $8.2 billion deal with the shareholders of Canadian agribusiness Viterra Limited to merge the two companies, according to a press release from Viterra shareholder Glencore plc and a presentation by Bunge.  Viterra shareholders will receive $6.2 billion in stock and $2 billion in cash.  In acquiring Viterra, Bunge seeks to diversify its crop output and geographical reach.  The merger is expected to close in mid-2024.

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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:
July 18, 2023, noon–1 pm (ET). Federal Milk Marketing Order Reform. Registration available soon

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. Next in the series:
July 28, 2023, 2023, noon–1 pm (ET). Understanding the Basics of USDA Commodity Programs

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

Biden-Harris Administration Partners with Agricultural Producers to Strengthen Markets and Create Jobs for Producers in 19 States (June 16, 2023)

USDA Launches Effort to Strengthen Substantiation of Animal-Raising Claims (June 14, 2023)

ENVIRONMENTAL PROTECTION AGENCY (EPA) PRESS RELEASES

Consumers and Businesses Look to WaterSense and Save 7.5 Trillion Gallons of Water (June 14, 2023)

USDA AGENCY PRESS RELEASES:

Agricultural Marketing Service (AMS)

USDA Settles Packers and Stockyards Act Case with Kiran Enterprises Inc. and Mohammed S. Malik (June 16, 2023)

Agricultural Research Service (ARS):

Producers Can Now go “Whole Hog” on New Heat Stress App for Pigs (June 15, 2023)

Animal and Plant Health Inspection Service (APHIS)

APHIS Issues Regulatory Status Review Response: Bayer CropScience Corn (June 7, 2023)

Farm Service Agency (FSA)

Farm Service Agency Now Accepting Nominations for Farmers and Ranchers to Serve on Local County Committees (June 15, 2023)

USDA Accepts More Than 1 Million Acres in Offers Through Conservation Reserve Program General Signup (June 12, 2023)

Food Safety and Inspection Service (FSIS)

Food Safety Is Everyone’s Business (June 7, 2023)

Foreign Agricultural Service (FAS)

USDA Partners with Agromovil to Help Smallholder Farmers in Ghana and Tanzania Access Local Markets (June 16, 2023)

FEDERAL EXECUTIVE AGENCIES (Federal Register May 29–June 2, 2023):     

Agricultural Marketing Service

88 FR 39377 Proposed Rule: “Sweet Onions Grown in the Walla Walla Valley of Southeast Washington and Northeast Oregon; Increased Assessment Rate” (June 16, 2023)

88 FR 39374 Proposed Rule: “Olives Grown in California; Increased Assessment Rate” (June 16, 2023)

88 FR 39117 Notice: “Tart Cherries Grown in the States of Michigan, New York, Pennsylvania, Oregon, Utah, Washington, and Wisconsin; Assessment Rate Increase” (June 15, 2023)

88 FR 38809 Notice: “United States Standards for Beans” (June 14, 2023)

Department of Agriculture

88 FR 38479 Notice: “Submission for OMB Review; Comment Request [Animal and Plant Health Inspection Service: Phytosanitary Export Certification]” (June 13, 2023)

88 FR 38015 Notice: “Submission for OMB Review; Comment Request [Foreign Agricultural Service: Faculty Exchange Program]” (June 12, 2023)

Animal and Plant Health Inspection Service

88 FR 39219 Notice: “Concurrence With World Organization for Animal Health’s Risk Designation for Bovine Spongiform Encephalopathy for France” (June 15, 2023)

Employment and Training Administration

88 FR 39482 Notice: “Labor Certification Process for the Temporary Employment of Foreign Workers in Agriculture in the United States: Adverse Effect Wage Rate Updates for Non-Range Occupations (June 16, 2023)

Environmental Protection Agency

88 FR 39189 Final Rule: “Tolerances and Exemptions for Pesticide Chemical Residues in Food” (June 15, 2023)

88 FR 39185 Final Rule: “Mefenoxam; Pesticide Tolerances” (June 15, 2023)

88 FR 38045 Notice: “Pesticide Product Registration; Receipt of Applications for New Active Ingredients April 2023” (June 12, 2023)

Food and Drug Administration

88 FR 39257 Notice: “Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Quantitative Research on Front of Package Labeling on Packaged Foods” (June 16, 2023)

Foreign Agricultural Service

88 FR 38479 Notice: “Amendment; Notice of Intent for Agricultural Policy Advisory Committee (APAC) and the Related Agricultural Technical Advisory Committees (ATACs) for Trade” (June 13, 2023)

International Trade Administration

88 FR 39392 Notice: “WTO Agricultural Quantity-Based Safeguard Trigger Levels” (June 16, 2023)

Land Management Bureau

88 FR 38890 Notice: “Notice of Application for Withdrawal Extension and Opportunity for Public Meeting, Langmuir Principal Research Site; New Mexico” (June 14, 2023)

88 FR 38530 Notice: “Agency Information Collection Activities; Authorizing Grazing Use” (June 13, 2023)

U.S. HOUSE AGRICULTURE COMMITTEE:

H.R.4199 “To amend the Agricultural Research, Extension, and Education Reform Act of 1998 to establish and carry out a pilot program to use blockchain technology in food safety and labeling.” (June 16, 2023)

H.R.4197 “To amend the Omnibus Public Land Management Act of 2009 to reauthorize the Collaborative Forest Landscape Restoration Program, and for other purposes.” (June 16, 2023)

H.R.4185 “To amend the Emergency Food Assistance Act of 1983 to provide additional agricultural products for distribution by emergency feeding organizations; and for other purposes.” (June 15, 2023)

H.R.4173 “To amend the Agricultural Research, Extension, and Education Reform Act of 1998 to direct the Secretary of Agriculture to establish a specialty crop mechanization and automation initiative, and for other purposes.” (June 15, 2023)

H.R.4170 “To amend the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 to provide certain benefits to noncitizens, and for other purposes.” (June 15, 2023)

H.R.4163 “To amend the Food Security Act of 1985 to optimize the sequestration of carbon and the reduction of net emissions through agricultural practices, and for other purposes.” (June 15, 2023)

H.R.4162 “To amend the Food, Agriculture, Conservation, and Trade Act of 1990 to include additional priorities as research and extension initiatives, and for other purposes.” (June 15, 2023)

H.R.4154 “To amend the Food and Nutrition Act of 2008 to close the nominal benefits loophole.” (June 15, 2023)

H.R.4149 “To amend the Food, Conservation, and Energy Act of 2008 to provide funding for the Gus Schumacher Nutrition Incentive Program, and for other purposes.” (June 15, 2023)

H.R.4135 “To amend the Research Facilities Act and the Agricultural Research, Extension, and Education Reform Act of 1998 to address deferred maintenance at agricultural research facilities, and for other purposes.” (June 14, 2023)

H.R.4127 “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.” (June 14, 2023)

H.R.4125 “To amend the Agricultural Act of 2014 with respect to the dairy margin coverage program, and for other purposes.” (June 14, 2023)

H.R.4103 “To amend the Food and Nutrition Act of 2008 make permanent the moratorium on SNAP benefit transaction fees, and other purposes.” (June 14, 2023)

H.R.4068 “To prohibit the use of M-44 devices, commonly known as “cyanide bombs”, on public land, and for other purposes.” (June 13, 2023)

H.R.4066 “To direct the Secretary of Agriculture to provide additional payments under the environmental quality incentives program for implementation of a nutrient management practice, and for other purposes.” (June 13, 2023)

H.R.4060 “To amend the Fiscal Responsibility Act of 2023 to repeal the sunset of the work requirement exemption applicable to homeless individuals, veterans, and foster care individuals for the purpose of determining eligibility to receive supplemental nutrition assistance program benefits under the Food and Nutrition Act of 2008.” (June 13, 2023)

H.R.4058 “To amend the Food and Nutrition Act of 2008 to require the Secretary to designate food and food products to be made available under the supplemental nutrition assistance program, and for other purposes.” (June 13, 2023)

H.R.4033 “To provide additional funds to States for administration of certain nutrition programs.” (June 12, 2023)

H.R.4018 “To amend the Healthy Forests Restoration Act of 2003 to reauthorize and improve the Water Source Protection Program, and for other purposes.” (June 12, 2023)

H.R.4017 “To amend the Food Security Act of 1985 to improve the conservation reserve program, and for other purposes.” (June 12, 2023)

H.R.4013 “To establish a regulatory system for sustainable offshore aquaculture in the United States exclusive economic zone, and for other purposes.” (June 12, 2023)

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

S.2037 “A bill to amend the Agriculture Improvement Act of 2018 to prohibit the slaughter of equines for human consumption.” (June 15, 2023)

S.2035 “A bill to amend the Federal Agriculture Improvement and Reform Act of 1996 to make additional coverage under the Noninsured Crop Disaster Assistance Program available for crops and grasses used for grazing, and for other purposes.” (June 15, 2023)

S.2023 “A bill to amend the Competitive, Special, and Facilities Research Grant Act and the Department of Agriculture Reorganization Act of 1994 to further plant cultivar and animal breed research, development, and commercialization, and for other purposes.” (June 15, 2023)

S.2019 “A bill to prevent States and local jurisdictions from interfering with the production and distribution of agricultural products in interstate commerce, and for other purposes.” (June 15, 2023)

S.2015 “A bill to amend the Food, Conservation, and Energy Act of 2008 to provide funding for the Gus Schumacher Nutrition Incentive Program, and for other purposes.” (June 15, 2023)

S.1998 “A bill to amend the Food Security Act of 1985 to include Indian Tribes in certain provisions relating to priority resource concerns.” (June 14, 2023)

S.1989 “A bill to require training for State and regional employees of the Department of Agriculture on the rural housing and development programs of the Department.” (June 14, 2023)

S.1957 “A bill to amend the Richard B. Russell National School Lunch Act to allow schools that participate in the school lunch program to serve whole milk, and for other purposes.” (June 13, 2023)

S.1930 “A bill to amend the Consolidated Farm and Rural Development Act to support the buildout of clean school bus charging infrastructure through community facilities direct loans and grants.” (June 12, 2023)

STATE ACTIONS—EXECUTIVE & LEGISLATIVE 

PENNSYLVANIA DEPARTMENT OF AGRICULTURE PRESS RELEASES:

Shapiro Administration Awards More Than $390,000 To Grow PA Hemp Industry (June 15, 2023)

PENNSYLVANIA EXECUTIVE AGENCIES (Pa. Bulletin Vol. 53, No. 18—May 6, 2023): 

Department of Agriculture

53 Pa.B. 3203 Notices: “Fertilizer Nutrient Values”

Department of Environmental Protection

53 Pa.B. 3204 Applications: “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”

53 Pa.B. 3271 Notices: “Planning Grant Awards under Section 901 of the Municipal Waste Planning, Recycling and Waste Reduction Act, Act 101 of 1988”

53 Pa.B. 3272 Notices: “Solid Waste Advisory Committee Meeting Cancellation”

Enivronmental Hearing Board

53 Pa.B. 3193 Proposed Rulemaking: “Practice and Procedure”

PENNSYLVANIA LEGISLATURE

HR 160 “A Resolution designating June 30, 2023, as “Hershey’s Chocolate World Day” in Pennsylvania.” Reported as committed June 20, 2023 [House] (June 17, 2023).

 

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