March 13, 2023

Agricultural Law Weekly Review—March 13, 2023

Biotechnology: U.S. Trade Representative Announces USMCA Technical Consultations On Mexican GMO Corn Ban 🌾
On March 6, 2023, the Office of the U.S. Trade Representative (USTR) announced that it is requesting technical consultations with Mexico “regard[ing] certain Mexican measures concerning products of agricultural biotechnology,” i.e., Mexico’s February 13, 2023, decree prohibiting import of genetically modified corn for human consumption. USTR initiates the technical consultations under Article 9.19 of Sanitary and Phytosanitary Measures (SPS) Chapter of the United States–Mexico–Canada Agreement (USMCA). According to a statement issued by USDA Secretary Vilsack, the United States “remain[s] firm in our view that Mexico’s current biotechnology trajectory is not grounded in science, which is the foundation of USMCA” and “will continue to pursue all necessary steps to enforce our rights under the USMCA to ensure that U.S. producers and exporters have full and fair access to the Mexican market.”

Food Labeling: Fourth Circuit Holds ‘Gruyere’ Generic, Not Eligible for Trademark Registration
On March 3, 2023, the U.S. Court of Appeals for the Fourth Circuit issued an opinion holding that the term “GRUYERE” is generic and thus ineligible for registration with the U.S. Patent and Trademark Office (USPTO). Interprofession du Gruyere v. U.S. Dairy Export Council, No. 22-1041; Interprofession du Gruyere v. Int’l Dairy Foods Ass’n, No. 1:20-cv-01174 (E.D. Va.). The appellants, Swiss and French consortiums of dairy producers, sought to limit the U.S. use of the term “gruyere” to cheese produced in the Gruyère region of Switzerland and France. The court upheld the lower court’s decision that the USPTO correctly denied registration for the term, stating “the Consortiums cannot overcome what the record makes clear: cheese consumers in the United States understand ‘GRUYERE’ to refer to a type of cheese, which renders the term generic.”

Ag-Gag Statutes: Fourth Circuit Court of Appeals Finds Parts of North Carolina’s Property Protection Act Unconstitutional
On February 23, 2023, the U.S. Court of Appeals for the Fourth Circuit published an opinion in the case People for the Ethical Treatment of Animals (PETA) v. NC Farm Bureau, No. 20-1776. The case was brought by PETA against North Carolina’s 2015 Property Protection Act (PPA), which criminalizes employees using deception in non-public areas to gather information to be used against an employer. The three-judge panel affirmed in part and reversed in part the PPA, in relevant part determining that newsgathering activities, such as taking video or recordings, in public or private farm spaces are protected by the First Amendment, and reversed those sections of the PPA. However, the Court left other provisions of the PPA open to further case-by-case adjudication. PETA has indicated that it plans to petition the U.S. Supreme Court to hear an appeal, seeking reversal of the PPA entirely, while the NC Farm Bureau is expected to also seek reversal of the Fourth Circuit’s decision. No legal challenge to a so-called “ag gag” law has yet been heard by the U.S. Supreme Court.

WOTUS: Kentucky Chamber of Commerce Files Suit Against EPA Over WOTUS Final Rule
On February 22, 2023, the Kentucky Chamber of Commerce, the U.S. Chamber of Commerce, and other parties (Plaintiffs) filed a complaint in the U.S. District Court for the Eastern District of Kentucky Frankfort Division against the Environmental Protection Agency’s (EPA) new Waters of the United States (WOTUS) final rule. Kentucky Chamber of Commerce v. United States Environmental Protection Agency No. 3:23-cv-00008-GFVT. Plaintiffs argue that the WOTUS definition in the EPA’s final rule is unconstitutionally broad. Further, Plaintiffs point to the current Supreme Court case, Michael Sackett, et ux., Petitioners v. Environmental Protection Agency, et al. No. 21-454, which will address the statutory definition of WOTUS under the Clean Water Act, as the more appropriate venue to define WOTUS. For background on a pending WOTUS final rule legal challenge, see ALWR—Jan.  30, 2023, “Ag Groups Challenge New WOTUS Rule.”

Antitrust: Iowa-Based Lynch Family Companies and Senior Managers Sentenced in Fraud Case
On February 13, 2023, the U.S. District Court for the Northern District of Iowa sentenced the Lynch Family Companies, Inc. (Lynch) and four of its high-level managers (Billie Joe Wickham, Charlie Lynch, Leland “Pete” Blue, and Tyler Thoms) as the result of guilty pleas to a nearly two decades-long scheme for defrauding pork producers through fraudulent scale tickets at buying stations throughout the Midwest in violation of the Packers and Stockyards Act. As announced by the U.S. Attorney’s Office, in addition to various fines, a six-month jail term for Defendant Wickham, and probationary sentences for the remaining defendants, the Lynch Family Companies will pay an additional $1.8 million in restitution, adding to $1.2 million in restitution already paid via previous USDA consent decrees. The dockets for each defendant are as follows: Lynch Family Companies, Inc., No. 22-CR-2043; Billie Joe Wickham and Charlie Lynch, No. 21-CR-2074; Leland “Pete” Blue, No. 21-CR-2042, and Tyler Thoms, No.22-CR-2044.

National Agricultural Policy: USDA to Issue Contracts to Administer Payments to Borrowers Who Have Experienced Discrimination
On March 1, 2023, the U.S. Department of Agriculture (USDA) announced that it will issue contracts to non-government, cooperating organizations to administer payments to borrowers who have experienced discrimination with USDA lending. The Inflation Reduction Act, passed August 2022, allocated $2.2 billion to provide the payments. According to the announcement, USDA intends to distribute the funds by the end of 2023. Local organizations interested in serving as cooperating organizations should contact USDA at askusda@usda.gov by March 31, 2023.

Agricultural Labor: Department of Labor Publishes a Final Rule Modifying the Adverse Effect Wage Rate Methodology for H-2A Workers
On February 28, 2023, the U.S. Department of Labor (DOL) published a final rule in the Federal Register amending how the adverse effect wage rates for the H-2A program are set. Also announced by DOL, this final rule will continue to use the U.S. Department of Agriculture’s (USDA) Farm Labor Survey to determine the average annual hourly wage for field and livestock workers, but will use data reported by the Bureau of Labor Statistics’ Occupational Employment and Wage Statistics survey for all other positions.

Biofuels: EPA Proposes Rule to Allow Year-Round E15 Sales Beginning April 2024
On March 6, 2023, the U.S. Environmental Protection Agency (EPA) published a proposed rule in the Federal Register, in response to requests from eight midwestern states, to remove the 1-pound per square inch (psi) volatility waiver for gasoline with a 10% or higher ethanol blend (EPA-HQ-OAR-2022-0513). Also published on EPA’s gasoline standards page, the proposed rule would allow year-round sales of gasoline with a 15% ethanol blend (E15), beginning April 28, 2024. EPA is accepting comments on the proposed rule until April 20, 2023.

Food Safety: FDA Withdraws Dormant 2005 Proposed Rule on Food Standards Modernization
On February 28, 2023, the Food and Drug Administration (FDA) published in the Federal Register a withdrawal of the proposed rule titled “Food Standards; General Principles and Food Standards Modernization.” This proposed rule was originally published in 2005 jointly with the U.S. Department of Agriculture (USDA) Food Safety and Inspection Service (FSIS) to provide guidance when considering whether to establish, revise, or eliminate a food standard.

Agricultural Data: USDA Publishes Report on ‘Promoting Fair Competition and Innovation in Seeds and Other Agricultural Inputs’
On March 6, 2023, the U.S. Department of Agriculture (USDA) Agricultural Marketing Service (AMS) published a report titled, “More and Better Choices for Farmers: Promoting Fair Competition and Innovation in Seeds and Other Agricultural Inputs.” The report was drafted in response to President Biden’s July 2021 Executive Order on Promoting Competition in the American Economy (E.O. 14036). Also announced by AMS, and posted on the agency’s Fair and Competitive Markets site, the report identified areas in which the government can act to promote competition in agricultural inputs. In response to the report, USDA plans to start a “Farmer Seed Liaison,” form a working group titled “IP & Competition in Seeds and Other Agricultural Inputs” with the U.S. Patent and Trademark Office and will modify its FarmerFairness.gov site to allow users to report tips and file complaints on seed markets.

Water Quality: Environmental Organizations File Complaint Over Valley Proteins Wastewater Permit
On February 17, 2023, five environmental organizations filed a petition for judicial review in the Maryland Circuit Court for Dorchester County appealing the Maryland Department of the Environment’s (MDE) issuance of a wastewater discharge permit for Valley Proteins’ Linkwood, MD rendering plant. In the Matter of Chesapeake Bay Foundation, Inc. et al. No. C-09-CV-23-000096. Also announced in a joint press release by the organizations—Chesapeake Bay Foundation, Dorchester Citizens for Planned Growth, Friends of the Nanticoke River, ShoreRivers, and Wicomico Environmental Trust—the petition alleges that the permit has the potential to contribute to unhealthy water quality in the Transquaking River, Higgins Mill Pond, and Chesapeake Bay.

Invasive Species: Pa. Dept. Agriculture Announces $150,000 for Spotted Lanternfly Conservation District Grants, Quarantines Six Additional Counties
On March 4, 2023, the Pennsylvania Department of Agriculture (PDA) posted a notice in the Pennsylvania Bulletin (53 Pa.B. 1181) announcing $150,000 in available grants for the state’s Spotted Lanternfly Program. The grants are available to county Conservation Districts for activities to increase compliance with spotted lanternfly quarantines. According to the notice, PDA will prioritize multi-county projects in which one county serves as the lead coordinator for other counties. Additionally, on February 25, 2023, PDA posted a notice in the Pennsylvania Bulletin (53 Pa.B. 1066) adding six counties to Pennsylvania’s spotted lanternfly quarantine order: Butler, Clearfield, Clinton, Fayette, Lawrence, and Somerset.

 

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CENTER PROGRAMS & RESOURCES

Events:

Protecting Your Farm-Based Food Business: Understanding Product Liability. Free seminar conducted live at Horizon Farm Credit, Mt. Joy, PA, with interactive live simulcast at four other Horizon Farm Credit locations (Chambersburg, New Stanton, Shoemakersville, and Towanda), and a virtual webinar attendance option. Co-sponsored with the Pennsylvania Small Business Development Center’s Agriculture Center for Excellence and Horizon Farm Credit.

  • NEW DATE: March 15, 2023, 10 am–12 pm (ET). Register. (Rescheduled from February 15, 2023.)

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:

  • March 24, 2023, noon–1 pm (ET): Understanding the Basics of Farm Animal Handling & Confinement Laws
  • April 28, 2023, noon–1 pm (ET): Understanding the Basics of Agricultural Conservation Easement Programs
  • May 19, 2023, noon–1 pm (ET): Understanding the Basics of Landowner Immunity Statutes
  • June 23, 2023, noon–1 pm (ET): Understanding the Basics of the Farm Credit System

Multi-District Antitrust Litigation in the Protein Sectors (Poultry, Pork and Beef). Free webinar presented in partnership with the National Agricultural Law Center.

  • May 17, 2023, noon – 1 pm (ET). Register.

An Overview of U.S. Charitable Food Surplus Programs. Free webinar presented in partnership with the National Agricultural Law Center.

  • June 21, 2023, noon–1 pm (ET). Register.

Dairy Quarterly Legal Webinar. A free quarterly Zoom webinar series covering U.S. 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.

Legal Planning for Specialty Crop Producers. A free six-webinar series is available for on-demand viewing by registering.

Podcasts:

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 Announces First Permanent Chief Diversity and Inclusion Officer (Mar. 2, 2023).

USDA Announces Next Steps in Providing Financial Assistance to Borrowers Who Have Faced Discrimination (Mar. 1, 2023).

USDA Receives Equity Commission Interim Recommendations (Feb. 28, 2023).

ENVIRONMENTAL PROTECTION AGENCY (EPA) PRESS RELEASES

EPA Requires Norfolk Southern to Sample for Dioxins in East Palestine (Mar. 2, 2023).

Squaxin Island Tribe receives EPA approval to administer Clean Water Act programs on reservation and trust lands (Mar. 1, 2023).

Biden-Harris Administration Announces Over $250 Million to Fund Innovative Projects That Tackle Climate Pollution (Mar. 1, 2023).

Hy-Vee Inc. to Pay Penalty for Violating EPA Pesticide Order (Feb. 28, 2023).

USDA AGENCY PRESS RELEASES:

Agricultural Marketing Service (AMS)

USDA Files Action Against James Corrado Inc., d/b/a Corrado Specialty Goods and Corrado’s Wine Grapes Inc. in New Jersey for Alleged PACA Violations (Mar. 2, 2023).

USDA Announces $7.5 Million Available in Grant Funding to Expand Markets for U.S. Agricultural Products (Mar. 1, 2023).

Economic Research Service (ERS)

ERS Announces $1.4M in Research Grants to Improve Equitable Healthy Food Access in Partnership with Robert Wood Johnson Foundation (Mar. 2, 2023).

Dietary Quality by Food Source and Demographics in the United States, 1977–2018 (Mar. 2, 2023).

Farm Service Agency (FSA)

USDA Announces March 2023 Lending Rates for Agricultural Producers (Mar. 1, 2023).

USDA Encourages Rice Farmers to Prepare for new Rice Production Program (Feb. 28, 2023).

Food and Nutrition Service (FNS)

Asignaciones de Emergencia en el programa SNAP Finalizan (Mar. 2, 2023).

USDA Celebrates 2022 Summer Meals Champions and Looks Ahead to Summer 2023 (Feb. 28, 2023).

Foreign Agricultural Service (FAS)

EU Commissioner Gets First-Hand Look at U.S. Farming (Feb. 28, 2023).

National Institute of Food and Agriculture (NIFA)

Professor Receives USDA-NIFA Grant to Address Need for Human Nutritionists (Mar. 3, 2023).

1890 Colleges and Universities Support STEM Education (Feb. 27, 2023).

NIFA Program Supporting Beginning Farmers (Feb. 27, 2023).

FEDERAL EXECUTIVE AGENCIES (Federal Register Feb. 27–Mar. 3, 2022):           

Agricultural Marketing Service

88 FR 12307 Notice—Public Comment: “Meeting of the Fruit and Vegetable Industry Advisory Committee” (Feb. 27, 2023).

Agriculture

88 FR 13422 Notice: “Submission for OMB Review; Comment Request [National Agricultural Statistics Service: Fruit, Nuts, and Specialty Crops—Substantive Change.]” (Mar. 3, 2023).

88 FR 13080 Notice: “Submission for OMB Review; Comment Request [Food Safety and Inspection Service: Specified Risk Materials.]” (Mar. 2, 2023).

88 FR 12647 Notice: “Submission for OMB Review; Comment Request [National Agricultural Statistics Service: NASS Data Security Requirements for Accessing Confidential Data.]” (Feb. 28, 2023).

Animal and Plant Health Inspection Service

88 FR 13422 Notice: “Bovine Tuberculosis Status Evaluation of Eight Mexican Regions and Intent To Classify Those Regions for Bovine Tuberculosis” (Mar. 3, 2023).

88 FR 13080 Notice—Public Comment: “Notice of Request for Revision to and Extension of Approval of an Information Collection; Cooperative Agricultural Pest Survey” (Mar. 2, 2023).

88 FR 12909 Notice—Public Comment: “Notice of Request for Extension of Approval of an Information Collection; Export Certification: Accreditation of Nongovernment Facilities” (Mar. 1, 2023).

88 FR 12308 Notice—Public Comment: “Notice of Request for Revision to and Extension of Approval of an Information Collection; Swine Health Protection” (Feb. 27, 2023).

Environmental Protection Agency

88 FR 12929 Notice: “Pesticides; Final Guidance for Pesticide Registrants on the Lists of Pests of Significant Public Health Importance (Pesticide Registration Notice 2023-1)” (Mar. 1, 2023).

88 FR 12930 Notice—Public Comment: “Proposed Consent Decree, Clean Water Act and Administrative Procedure Act Claims” (Mar. 1, 2023).

88 FR 12678 Notice—Public Comment: “Cyantraniliprole; Pesticide Product Registration; Receipt of Application for New Uses” (Feb. 28, 2023).

88 FR 12217 Final Rule—Public Comment: “2-Propenoic Acid, Methyl-, Polymer With Butyl 2-Propenoate and Methyl 2-Methyl-2-Propenoate Compd. With 2-Amino-2-Methyl-1-Propanol; Tolerance Exemption” (Feb. 27, 2023).

88 FR 12213 Final Rule—Public Comment: “Propanoic Acid, 3-hydroxy-(hydroxymethyl)-2-methyl-, Polymer With 2-amino-2-methyl-1-propanol, α-hydro-ω-hydroxypoly[oxy(methyl-1,2-ethanediyl)], 5-isocyanato-1-(isocyanatomethyl)-1,3,3-trimethylcyclohexane and Methyloxirane Polymer With Oxirane Ether With 4,4′-(1-methylethylidene)bis[phenol] (2:1), Polyethylene-Polypropylene Glycol 2-aminopropyl Me Ether-Blocked, Compds. With 2-amino-2-methyl-1-propanol; Tolerance Exemption” (Feb. 27, 2023).

88 FR 12220 Final Rule—Public Comment: “Zein; Exemption From the Requirement of a Tolerance” (Feb. 27, 2023).

Farm Credit Administration

88 FR 12931 Notice: “Sunshine Act Meetings” (Mar. 1, 2023).

Food and Drug Administration

88 FR 12870 Proposed Rule: “Food Standards; General Principles and Food Standards Modernization; Withdrawal of Proposed Rule” (Mar. 1, 2023).

88 FR 12939 Notice—Public Comment: “Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Hazard Analysis and Critical Control Point Procedures for the Safe and Sanitary Processing and Importing of Juice” (Mar. 1, 2023).

88 FR 12281 Proposed Rule: “Innophos, Inc.; Filing of Color Additive Petition” (Feb. 27, 2023).

88 FR 12366 Notice—Public Comment: “Agency Information Collection Activities; Proposed Collection; Comment Request; Prior Notice of Imported Food Under the Public Health Security and Bioterrorism Preparedness and Response Act of 2002” (Feb. 27, 2023).

Food Safety and Inspection Service

88 FR 12870 Proposed Rule: “Food Standards; General Principles and Food Standards Modernization; Withdrawal of Proposed Rule” (Mar. 1, 2023).

88 FR 12650 Notice—Public Comment: “Notice of Request To Renew an Approved Information Collection: Advanced Meat Recovery” (Feb. 28, 2023).

88 FR 12652 Notice—Public Comment: “Notice of Request To Renew an Approved Information Collection: Nutrition Labeling of Major Cuts of Single-Ingredient Raw Meat or Poultry Products and Ground or Chopped Meat and Poultry Products” (Feb. 28, 2023).

88 FR 12649 Notice—Public Comment: “Notice of Request To Renew an Approved Information Collection: Sanitation SOPs and Pathogen Reduction/HACCP” (Feb. 28, 2023).

88 FR 12647 Notice—Public Comment: “Notice of Request To Renew an Approved Information Collection: Voluntary Destruction of Imported Meat, Poultry, and Egg Products” (Feb. 28, 2023).

International Trade Administration

88 FR 13430 Notice: “Certain Frozen Warmwater Shrimp From India: Preliminary Results of Antidumping Duty Administrative Review; 2021-2022” (Mar. 3, 2023).

88 FR 12313 Notice: “Sodium Nitrite From India: Antidumping Duty and Countervailing Duty Orders” (Feb. 27, 2023).

International Trade Commission

88 FR 12421 Notice: “Sodium Nitrite From India” (Feb. 27, 2023).

National Agricultural Statistics Service

88 FR 12910 Notice—Public Comment: “Notice of Intent To Seek Approval To Reinstate an Information Collection; Correction” (Mar. 1, 2023).

National Institute of Food and Agriculture
 88 FR 12910 Notice—Public Comment: “Notice of Intent To Request Approval of a New Information Collection” (Mar. 1, 2023).

Natural Resources Conservation Service

88 FR 12309 Notice—Public Comment: “Proposed Revisions to the National Handbook of Conservation Practices for the Natural Resources Conservation Service” (Feb. 27, 2023).

Rural Utilities Service

88 FR 13082 Notice: “Notice of Funding Opportunity (NOFO) for Section 313A Guarantees for Bonds and Notes Issued for Utility Infrastructure Purposes for Fiscal Year (FY) 2023” (Mar. 2, 2023).

88 FR 12806 Final Rule—Public Comment: “Electric Program Coverage Ratios Clarification and Modifications” (Mar. 1, 2023).

The U.S. Codex Service

88 FR 13081 Notice: “Codex Alimentarius Commission: Meeting of the Codex Committee on Contaminants in Food” (Mar. 2, 2023).

Wage and Hour Division

88 FR 12700 Notice—Public Comment: “Agency Information Collection Activities; Comment Request; Information Collection-Housing Occupancy Certificates Under the Migrant and Seasonal Agricultural Worker Protection Act” (Feb. 28, 2023).

U.S. HOUSE AGRICULTURE COMMITTEE:

H.R.1362 “To prohibit the Secretary of the Interior and the Secretary of Agriculture from issuing a moratorium on issuing new oil and gas leases and drill permits on certain Federal lands.” Referred to the Committee on Natural Resources, and in addition to the Committee on Agriculture. (Mar. 3, 2023).

H.R.1335 “TAPP American Resources Act.” Referred to the Committee on Natural Resources, and in addition to the Committees on Agriculture, and the Budget. (Mar. 3, 2023).

H.R.1274 “To reauthorize the Lake Tahoe Restoration Act, and for other purposes.” Referred to the Subcommittee on Water Resources and Environment. (Mar. 2, 2023).

H.R.798 “Protecting America’s Meatpacking Workers Act of 2023.” Referred to the Subcommittee on Livestock, Dairy, and Poultry. (Mar. 2, 2023).

H.R.723 “ID for EBT Act of 2023.” Referred to the Subcommittee on Nutrition, Foreign Agriculture, and Horticulture. (Mar. 2, 2023).

H.R.714 “Feral Swine Act.” Referred to the Subcommittee on Livestock, Dairy, and Poultry. (Mar. 2, 2023).

H.R.708 “Climate Agricultural Conservation Practices Act.” Referred to the Subcommittee on Conservation, Research, and Biotechnology. (Mar. 2, 2023).

H.R.707 “CALL Act.” Referred to the Subcommittee on Conservation, Research, and Biotechnology. (Mar. 2, 2023).

H.R.706 “SNAP Access for Medically Vulnerable Children Act of 2023.” Referred to the Subcommittee on Nutrition, Foreign Agriculture, and Horticulture. (Mar. 2, 2023).

H.R.626 “Breaking the Gridlock Act.” Energy and Commerce; Ways and Means; Education and the Workforce; Science, Space, and Technology; Natural Resources; Transportation and Infrastructure; Oversight and Accountability; Financial Services; Agriculture; House Administration; Judiciary; Small Business; Homeland Security; Rules; Ethics; Budget; Foreign Affairs; Intelligence (Permanent Select); Armed Services; Appropriations. (Mar. 2, 2023).

H.R.1319 “To require the Secretary of the Interior and the Secretary of Agriculture to develop long-distance bike trails on Federal land.” Referred to the Committee on Natural Resources, and in addition to the Committee on Agriculture. (Mar. 1, 2023).

H.R.1290 “To amend the Food, Conservation, and Energy Act of 2008 to clarify propane storage as an eligible use for funds provided under the storage facility loan program, and for other purposes.” Referred to the House Committee on Agriculture. (Mar. 1, 2023).

H.R.1287 “To amend the Agricultural Marketing Act of 1946 to establish a cattle contract library, and for other purposes.” Referred to the House Committee on Agriculture. (Mar. 1, 2023).

H.R.1242 “To make improvements to the role of the Department of Defense in responding to domestic emergencies, including wildfires.” Referred to the Subcommittee on Economic Development, Public Buildings, and Emergency Management. (Mar. 1, 2023).

H.R.1249 “To prohibit certain practices relating to certain commodity promotion programs, to require greater transparency by those programs, and for other purposes.” Referred to the House Committee on Agriculture. (Feb. 28, 2023).

H.R.1236 “To establish an Outdoor Restoration Fund for restoration and resilience projects, and for other purposes.” Referred to the Committee on Agriculture, and in addition to the Committee on Natural Resources. (Feb. 28, 2023).

H.R.1230 “To direct the Secretary of Agriculture to make grants to States to support the establishment and operation of grocery stores in underserved communities, and for other purposes.” Referred to the House Committee on Agriculture. (Feb. 28, 2023).

H.R.209 “Permitting for Mining Needs Act of 2023.” Subcommittee Hearings Held. (Feb. 28, 2023).

H.R.1219 “To establish a food and agriculture cybersecurity clearinghouse in the National Telecommunications and Information Administration, and for other purposes.” Referred to the Committee on Energy and Commerce, and in addition to the Committee on Agriculture. (Feb. 27, 2023).

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

S.643 “A bill to amend the Child Nutrition Act of 1966 to modernize the farmers’ market nutrition program under the special supplemental nutrition program for women, infants, and children, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Mar. 2, 2023).

S.621 “A bill to amend the Food, Conservation, and Energy Act of 2008 to clarify propane storage as an eligible use for funds provided under the storage facility loan program, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Mar. 2, 2023).

S.557 “A bill to prohibit certain practices relating to certain commodity promotion programs, to require greater transparency by those programs, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Feb. 28, 2023).

S.555 “A bill to improve disaster assistance programs of the Department of Agriculture, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry.

S.540 “A bill to establish an Outdoor Restoration Fund for restoration and resilience projects, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Feb. 28, 2023).

Legislative Hearings:

Pa. House Appropriations Comm. Budget Hearing—Department of Agriculture, Tuesday, March 21, 2023, 1:00 pm (ET), House Floor, livestream.

Pa. Senate Appropriations Comm. Budget Hearing—Department of Agriculture, Tuesday March 28, 2023, 1:00 m (ET), Hearing Room 1, North Office Building, livestream.

STATE ACTIONS—EXECUTIVE & LEGISLATIVE  

PENNSYLVANIA DEPARTMENT OF AGRICULTURE PRESS RELEASES:          

Top-Performing Bulls To Sell In 50th Pennsylvania Livestock Evaluation Center Auction; Grants Available For PA Beef Producers (Mar. 1, 2023).

PENNSYLVANIA EXECUTIVE AGENCIES (Pa. Bulletin Vol. 53, No. 9—Mar. 4, 2023):

Department of Agriculture

53 Pa.B. 1181 Notice: “Spotted Lanternfly Program Grants for Conservation Districts; 2022-2023 Application Period.”

Department of Environmental Protection

53 Pa.B. 1247 Notice: “Air Quality Technical Advisory Committee; 2023 Meeting Schedule Revision.”

53 Pa.B. 1183 Notice: “Applications, Actions and Special Notices.”

53 Pa.B. 1247 Notice: “Availability of Technical Guidance.”

PENNSYLVANIA LEGISLATURE

SB 48 “A Resolution urging the United States Department of Agriculture to include 2% and whole milk in the Nutrition Standards for the National School Lunch and Breakfast Programs and as a Smart Snacks option and urging the United States Department of Health and Human Services to recommend to the Dietary Guidelines Advisory Committee to modify the milk standard to include 2% and whole milk.” Reported as Committed [Senate]. (Mar. 1, 2023).

 

Written by:
Dillon Lightfoot—Research Assistant
Megan Guess—Research Assistant
Brook Duer—Staff Attorney