Agricultural Law Weekly Review—March 12, 2020

Food Safety: U.S. Customs Agricultural Inspection Workforce Expanded
On March 3, 2020, President Trump signed into law Senate Bill 2107, now designated as Public Law No. 116-122, titled “Protecting America’s Food and Agriculture Act of 2019.”  This legislation authorizes the U.S. Customs and Border Protection (CBP) to annually hire up to two-hundred forty (240) and two-hundred (200) new CBP Agriculture Specialists and CBP Agriculture Technicians respectively. The gross number of each employee type to be achieved and maintained is determined by an annual calculation of CBP’s need.  The law also provides an escalating yearly appropriation for federal fiscal years 2020 through 2022 in order to do so.  Authority and an annual appropriation also are provided for hiring twenty new CBP agriculture canine teams. The law recites the following Congressional finding: “ Congress finds that: (1) it is in the national security interest of the United States to ensure that the Nation’s food supply is sufficiently protected; and (2) a vital part of such protection is the availability of adequate resources at the border to conduct inspections of incoming food and agricultural goods.”

Industrial Hemp:  2019 Cannabidiol Comment Period Reopened Indefinitely
On March 11, 2020, the U.S. Food and Drug Administration (FDA) published notice that it was reopening indefinitely the initial public comment period closed in July 2019 regarding the safety of cannabidiol (CBD).  FDA states: “We are particularly interested in data that may help to address uncertainties and data gaps related to CBD.” Those are identified as:

• the risk of liver injury from CBD;
• toxicities of some of the active metabolites of CBD;
• impact of CBD on the male reproductive system; effect of CBD co-administration with other medicines, alcohol, dietary supplements, tobacco products, and herbal products;
• impact on neurological development;
• sedative effects of CBD;
• transdermal penetration and pharmacokinetics of CBD;
• clinical studies to address safety questions related to long-term sustained or cumulative exposure to CBD;
• long-term repeated dose toxicity studies;
• clinical studies on the effect of different routes of CBD administration;
• effect of CBD on pets and food-producing animals;
• studies to characterize the potential for bioaccumulation of CBD over long-term exposure;
• effect of CBD on the eye.

Biofuels: EPA Receives Extension for Appealing Adverse Ruling on Renewable Fuel Standard Exemptions
On March 9, 2020, the U.S. Court of Appeals for the Tenth Circuit (Tenth Circuit) entered an Order granting the U.S. Environmental Protection Agency’s (EPA) motion for a two-week extension of time to file a petition for rehearing or rehearing en banc, from March 9, 2020 to March 24, 2020, in the case of  Renewable Fuel Association et al. v. U.S. Environmental Protection Agency, Case No. 18-9533.  This extension gives EPA more time to decide whether to preserve its appeal rights to the U.S. Supreme Court from the Tenth Circuit’s January 24, 2020, decision invalidating EPA’s grant of three small refinery exemptions from the Renewable Fuel Standard (RFS) biofuel percentage blending requirements.  For more on the Tenth Circuit’s decision against EPA and its significance, see the January 30, 2020, Agricultural Law Weekly Review item titled “Court of Appeals Invalidates EPA Grant of Renewable Fuel Standard Waiver.”

Disaster Assistance Programs: Final Rule Changes Honeybee Loss Compensation Program
On February 26, 2020, USDA published an immediately effective Final Rule making changes to the Supplemental Agricultural Disaster Assistance Programs, including the Emergency Assistance For Livestock, Honeybees and Farm-Raised Fish Program (ELAP).  ELAP, among other things, compensates apiarists engaged in pollination or honey production for the loss of honeybees by natural disaster or Colony Collapse Disorder (CCD).  ELAP now requires a notice of loss to USDA’ Farm Service Agency within fifteen days of when the loss is first apparent to the producer, instead of the previously-required 30 days.  The new rule also specifies that for honeybee colony losses due to Colony Collapse Disorder (CCD), the participant must provide a producer certification that the loss was a direct result of at least 3 of the 5 enumerated symptoms of CCD.

Pesticides/Herbicides:  Chlorpyrifos User Input Sought Regarding Potential Pennsylvania Statutory Ban
On March 3, 2020, the Pennsylvania Department of Agriculture’s (PDA) Pesticide Advisory Board met and reported that PDA is seeking input from stakeholders on chlorpyrifos use in Pennsylvania in response to House Bill 2091, a bill introduced in the Pennsylvania General Assembly on December 2, 2019, and currently pending in the House Agriculture and Rural Affairs Committee that seeks to prohibit chlorpyrifos use in Pennsylvania sixty days after enactment. Instructions on submitting input to PDA are here.

From National Ag Law Authorities & Sources:
Brigit Rollins, The Deal with Dicamba: Part Four (Feb. 26, 2020).
Paul Goeringer, Where Are My Syngenta Settlement Payments? Checks Going Out by Summer 2020 (Hopefully) (Mar. 10, 2020)

Penn State Research & News:
Jeff Mulhollem Holstein steers given hormone implants grow as well as beef steers (Feb. 13, 2020).
Gene regulatory factors enable bacteria to kill rivals and establish symbiosis (Mar. 6, 2020).

AGENCY PRESS RELEASES—STATE/FEDERAL
Pennsylvania Department of Agriculture Press Releases:
Wolf Administration Hosts Roundtable to Boost PASS Program Connecting Hungry Families with Farmers’ Excess Food (Mar. 5, 2020).

U.S. Department of Agriculture Press Releases:
USDA Invests $900 Million in Rural Electric Infrastructure in 16 States (Mar. 4, 2020).
USDA and HHS Announce Dietary Guidelines Advisory Committee Meeting Will be Held Online (Mar. 9, 2020).
USDA Statement on U.S. Sugar Market (Mar. 10, 2020).
USDA Announces Continued Progress on Implementation of China Phase One Agreement (Mar. 10, 2020).
Secretary Perdue Announces Proactive Flexibilities to Feed Children When Schools Close (Mar. 10, 2020).

STATE ACTIONS—EXECUTIVE/LEGISLATIVE
Pennsylvania Executive Agencies—Actions and Notices:
Department of Environmental Protection
50 Pa.B. 1463 “Aggregate Advisory Board; Regulatory, Legislative and Technical Committee Meeting,” Notice (Mar. 7, 2020).
50 Pa.B. 1463 “Application Period for Municipal Recycling Program Performance Grant Applications under Act 101, Section 904 of the Municipal Waste Planning, Recycling and Waste Reduction Act of 1988; Calendar Year 2019,” Notice (Mar. 7, 2020).
50 Pa.B. 1398 “The Clean Streams Law And The Federal Clean Water Act: Applications For National Pollutant Discharge Elimination System (NPDES) Permits And Water Quality Management (WQM) Permits” Applications, Actions and Special Notices (Mar. 7, 2020).
50 Pa.B. 1468 “Planning Grant Award under Section 901 of the Municipal Waste Planning, Recycling and Waste Reduction Act, Act 101 of 1988,” Notice (Mar. 7, 2020).

Fish and Boat Commission
50 Pa.B. 1473 “Mentored Youth Fishing Day Program; Trout,” Notice (Mar. 7, 2020).

Pennsylvania Game Commission
50 Pa.B. 1372 “58 PA. CODE CH. 135: Hunting and Trapping; State Game Lands” Proposed Rulemaking (Mar. 7, 2020).
50 Pa.B. 1373 “58 PA. CODE CH. 139: Seasons and Bag Limits,” Proposed Rulemaking (Mar. 7, 2020).
50 Pa.B. 1379 “58 PA. CODE CH. 141: Hunting and Trapping; Big Game [general]” Proposed Rulemaking (Mar. 7, 2020).
50 Pa.B. 1379 “58 PA. CODE CH. 141: Hunting and Trapping; Small Game” Proposed Rulemaking (Mar. 7, 2020).
50 Pa.B. 1380 “58 PA. CODE CH. 141: Hunting and Trapping; Big Game [deer seasons, bear, and elk]” Proposed Rulemaking (Mar. 7, 2020).
50 Pa.B. 1384 “58 PA. CODE CH. 141: Hunting and Trapping; Furbearers” Proposed Rulemaking (Mar. 7, 2020).
50 Pa.B. 1385 “58 PA. CODE CH. 141: Hunting and Trapping; Hunting Hours” Proposed Rulemaking (Mar. 7, 2020).
50 Pa.B. 1387 “58 PA. CODE CH. 147: Special Permits; Deer Control,” Proposed Rulemaking (Mar. 7, 2020).
50 Pa.B. 1387 “58 PA. CODE CH. 147: Special Permits; Mentored Hunting Program Permit,” Proposed Rulemaking (Mar. 7, 2020).
50 Pa.B. 1390 “58 PA. CODE CH. 147: Special Permits; Guiding Permit,” Proposed Rulemaking (Mar. 7, 2020).

Pennsylvania Legislature
H.B. 2329 “An Act amending Title 34 (Game) of the Pennsylvania Consolidated Statutes, in hunting and furtaking, further providing for interference with lawful taking of wildlife or other activities permitted by this title prohibited,” Referred to Game and Fisheries [House] (Mar. 4, 2020).
H.B. 1951 “An Act authorizing senior citizens to claim an exemption from tax increases as to certain real property; and providing for termination of the exemption,” Referred to Finance [House] (Mar. 4, 2020).
S.B. 1074 “An Act amending Title 30 (Fish) of the Pennsylvania Consolidated Statutes, in fishing licenses, further providing for form and expiration of licenses,” Referred to Game and Fisheries [Senate] (Mar. 5, 2020).
H.B. 1277 “An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in facilities and supplies, further providing for deposits into account,” Referred to Agriculture and Rural Affairs [Senate] (Mar. 9, 2020).
H. Res. 802“A Resolution designating the week of May 3 through 9, 2020, as “Conservation District Week” in Pennsylvania,”Referred to Agriculture and Rural Affairs [House] (Mar. 10, 2020).
S.B. 1065 “An Act amending the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, in fireworks, further providing for use of consumer fireworks and for penalties,” Referred to Agriculture and Rural Affairs [Senate] (Mar. 10, 2020).

FEDERAL ACTIONS—EXECUTIVE/LEGISLATIVE
Federal Executive Agencies—Actions and Notices:
Agricultural Department
85 FR 12760 “Notice of Request for Public Comment on Updates to Technical Guidelines for Quantifying Greenhouse Gas (GHG) Emissions and Carbon Sequestration at the Entity-Scale for Agriculture and Forestry,” Notice—Comment Period (Mar. 4, 2020).
85 FR 12886 “Submission for OMB Review; Comment Request; Correction [Foreign Agricultural Service: USDA Local and Regional Food Aid Procurement Program],” Notice (Mar. 5, 2020).
85 FR 12886 “Submission for OMB Review; Comment Request [Food Safety and Inspection Service: Small Meat Processor Survey],” Notice (Mar. 5. 2020).
85 FR 12859 “Supplemental Standards of Ethical Conduct for Employees of the Department of Agriculture,” Rule (Mar. 5, 2020).
85 FR 13129 “Submission for OMB Review; Comment Request [National Agriculture Statistics Service: Cotton Ginning Survey],” Notice (Mar. 6, 2020).
85 FR 13622 “Submission for OMB Review; Comment Request [Farm Service Agency: Organic Certification Cost Share Program],” Notice (Mar. 9, 2020).
85 FR 13857 “Submission for OMB Review; Comment Request [Food and Nutrition Service: Quality Control Review Schedule],” Notice (Mar. 10, 2020).

Agricultural Marketing Service
85 FR 12757 “Olives Grown in California; Decreased Assessment Rate,” Proposed Rule—Comment Period (Mar. 4. 2020).
85 FR 12860 “Kiwifruit Grown in California; Continuance Referendum,” Rule (Mar. 5, 2020).
85 FR 12985 “Changes to Reporting Requirements-Vegetable and Specialty Crop Import Regulations; and Other Clarifying Changes-Fruit, Vegetable, and Specialty Crop Import Regulations,” Rule (Mar. 6, 2020).
85 FR 13833 “U.S. Standards for Grades of Grapefruit (Texas and States Other Than Florida, California, and Arizona), and U.S. Standards for Grades of Oranges (Texas and States Other Than Florida, California, and Arizona),” Proposed Rule—Comment Period (Mar. 10, 2020).

Executive Office of the President
85 FR 12855 “Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus,” Presidential Document (Mar. 4, 2020).
85 FR 12977 “Establishment of the Interagency Environment Committee for Monitoring and Enforcement Under Section 811 of the United States-Mexico-Canada Agreement Implementation Act,” Presidential Document (Mar. 5, 2020).

Federal Emergency Management Agency
85 FR 13174 “Commonwealth of the Northern Mariana Islands; Amendment No. 4 to Notice of a Major Disaster Declaration,” Notice (Mar. 6, 2020).
85 FR 13174 “Vermont; Major Disaster and Related Determinations,” Notice (Mar. 6, 2020).
85 FR 13175 “Puerto Rico; Amendment No. 2 to Notice of a Major Disaster Declaration,” Notice (Mar. 6, 2020).
85 FR 13175 “Puerto Rico; Amendment No. 3 to Notice of a Major Disaster Declaration,” Notice (Mar. 6, 2020).
85 FR 13176 “North Dakota; Major Disaster and Related Determinations,” Notice (Mar. 6, 2020).
85 FR 13176 “New York; Amendment No. 1 to Notice of a Major Disaster Declaration,” Notice (Mar. 6, 2020).

Food and Drug Administration
85 FR 12790 “Agency Information Collection Activities; Proposed Collection; Comment Request; Current Good Manufacturing Practice Regulations for Medicated Feeds,” Notice—Comment Period (Mar. 4, 2020).
85 FR 12927 “Purple Book Enhancement; Establishment of a Public Docket; Request for Comments,” Notice—Comment Period (Mar. 5, 2020).
85 FR 12930 “The “Deemed To Be a License” Provision of the Biologics Price Competition and Innovation Act: Questions and Answers; Guidance for Industry; Availability,” Notice (Mar 5, 2020).
85 FR 13840 “Premarket Tobacco Product Applications and Recordkeeping Requirements; Reopening of the Comment Period,” Proposed Rule—Comment Period (Mar. 10, 2020).

Justice Department
85 FR 12807 “Notice of Lodging of Proposed Consent Decree Under the Clean Water Act and the Resource Conservation and Recovery Act,” Notice (Mar. 4, 2020).

Partnerships and Public Engagement Office
85 FR 12761 “Advisory Committee on Beginning Farmers and Ranchers,” Notice (Mar. 4, 2020).

U.S. Codex Office
85 FR 12887 “Codex Alimentarius Commission: Meeting of the Codex Committee on Food Import and Export Inspection and Certification Systems,” Notice (Mar. 5, 2020).
85 FR 13622 “Codex Alimentarius Commission: Meeting of the Codex Committee on Residues of Veterinary Drugs in Foods,” Notice (Mar. 9, 2020).

U.S. House Agriculture Committee Actions:
S.2107 “Protecting America’s Food and Agriculture Act of 2019,” Became Public Law No: 116-122 (Mar. 3, 2020).
H.R.6067 “SALE Act of 2020,” Referred to the House Committee on Agriculture (Mar. 3, 2020).
H.Res.742 “Recognizing the continued success of the Food for Peace Act,” Ordered to be Reported by Voice Vote (Mar. 4, 2020).
H.R.5848 “ASSET Act [To eliminate asset limits employed by certain federally funded means-tested public assistance programs . . . . ],” Referred to the Subcommittee on Nutrition, Oversight, and Department Operations (Mar. 5, 2020).
H.R.5915 “Making Essentials Available and Lawful (MEAL) Act of 2020,” Referred to the Subcommittee on Nutrition, Oversight, and Department Operations (Mar. 5, 2020).
H.R.5920 “MONARCH Act of 2020 [To encourage and facilitate efforts by States and other stakeholders to conserve and sustain the western population of monarch butterflies . . . .],” Referred to the Subcommittee on Conservation and Forestry (Mar. 5, 2020).
H.R.6111 “To amend the Agricultural Act of 2014 to allow certain dairy operations to make a 1-time election to recalculate production history for purposes of dairy margin coverage,” Referred to the House Committee on Agriculture (Mar. 5, 2020).
H.R.6154 “To clarify which Federal agencies regulate digital assets, to require those agencies to notify the public of any Federal licenses, certifications, or registrations required to create or trade in such assets, and for other purposes,” Referred to Committee on Financial Services and Committee on Agriculture (Mar. 9, 2020).
H.R.5986 “Environmental Justice For All Act,” Referred to the Subcommittee on Crime, Terrorism, and Homeland Security (Mar. 10, 2020).
H.R.6169 “To require the Secretary of the Interior, the Secretary of Agriculture, and the Assistant Secretary of the Army for Civil Works to digitize and make publicly available geographic information system mapping data relating to public access to Federal land and waters for outdoor recreation, and for other purposes,” Referred to the Committees on Natural Resources, Agriculture, and Transportation and Infrastructure (Mar. 10, 2020).
H.R.6181 “To prevent the changing of regulations governing the Supplemental Nutrition Assistance Program, to provide for expanded food security, and for other purposes,” Referred to the Committees on Natural Resources, Agriculture, and Transportation and Infrastructure (Mar. 10, 2020).
H.R.6181 “To prevent the changing of regulations governing the Supplemental Nutrition Assistance Program, to provide for expanded food security, and for other purposes,” Referred to the House Committee on Agriculture (Mar. 10, 2020).
H.R.6182 “To amend the Soil and Water Resources Conservation Act of 1977 with respect to assessments of conservation programs, and for other purposes,” Referred to the House Committee on Agriculture (Mar. 10, 2020).

U.S. Senate Agriculture, Nutrition, And Forestry Committee Actions:
S.3419 “A bill to amend the Packers and Stockyards Act, 1921, to provide for the establishment of a trust for the benefit of all unpaid cash sellers of livestock, and for other purposes,” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry (Mar. 9, 2020).
S.3429 “A bill to amend the Soil and Water Resources Conservation Act of 1977 with respect to assessments of conservation programs, and for other purposes,” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry (Mar. 9, 2020).

Follow us on Twitter @AgShaleLaw to receive #AgLaw HotLinks
Mar. 4–Mar. 10, 2020 Top #AgLaw links:
Corn Used for Ethanol Update Farmdoc Daily
12 Counties added to Pennsylvania’s Spotted Lanternfly Quarantine Morning Ag Clips
Lawsuit filed against USDA over poultry line speeds Meat + Poultry
World food prices drop due to coronavirus Feedstuffs
Dairy farm numbers see largest decline since 2004 Feedstuffs
Plant-based food market valued at $5b Feedstuffs
Coronavirus Disrupting U.S. Ag Supply Chain Brownfield
Optimism pushes farmer sentiment to all-time high Feedstuffs
Meat Stockpiles Surge as Coronavirus Epidemic Curbs Exports The Wall Street Journal
Wisconsin’s Governor Signs Nearly A Dozen Ag-related Laws Tuesday Brownfield

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Written by:  
Brook Duer—Staff Attorney
Audry Thompson—Research Assistant