March 20, 2023

Agricultural Law Weekly Review—March 20, 2023

WOTUS: Twenty-Four States File New Complaint Against EPA Challenging New WOTUS Rule 🌾
On February 16, 2023, a coalition of twenty-four states filed a complaint in the U.S. District Court for the District of North Dakota Eastern Division against the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers over the new final rule defining “the Waters of the United States” (WOTUS). West Virginia et. al. v. Environmental Protection Agency et al., No. 3:23-cv-00032. The complaint alleges that the final rule regulatorily interprets WOTUS too broadly under the Clean Water Act (CWA), U.S.C. § 1362(7). The Supreme Court is expected to issue an opinion in 2023 in the pending case Michael Sackett, et ux., Petitioners v. Environmental Protection Agency, et al., No. 21-454, that may further interpret the CWA statutory definition of WOTUS. For background on other litigation challenging the final WOTUS rule, see ALWR—March 13, 2023, “Kentucky Chamber of Commerce Files Suit Against EPA Over WOTUS Final Rule”; ALWR—Jan. 30, 2023, “Ag Groups Challenge New WOTUS Rule.”

Water Quality: Harrisburg’s Capital Region Water Enters into Consent Decree to Prevent Sewage Overflows by December 2024
On February 13, 2023, the U.S. Department of Justice (DOJ), on behalf of the U.S. Environmental Protection Agency (EPA), and the Pennsylvania Department of Environmental Protection filed a consent decree in the U.S. District Court for the Middle District of Pennsylvania that requires Harrisburg’s Capital Region Water (CRW) to develop a plan to prevent sewage from overflowing into the Susquehanna River by December 31, 2024. United States of America v. Capital Region Water, No. 1:15-cv-00291. Also announced by the Lower Susquehanna Riverkeeper, the consent decree also requires CRW to “complete priority remedial work required to bring its system to a functional baseline” and “provide robust public notification of [‘combined sewer overflow’] events, including real-time monitoring of certain [‘combined sewer overflow’] outfalls.” On February 17, 2023, DOJ posted the consent decree in the Federal Register (88 FR 10383) for public inspection with a comment period, open until March 20, 2023.

Food Safety: U.S. Supreme Court Denies R-CALF’s Petition to Hear Appeal in Radio Frequency ID Challenge
On March 6, 2023, the Supreme Court denied a petition for certiorari and will not hear an appeal in the case Ranchers Cattlemen Action Legal Fund United Stockgrowers of America (R-CALF USA) v. U.S. Department of Agriculture (USDA), No. 22-270 (below: 10th Cir. No. 21-8042; USDC D. Wyo. No. 1:19-cv-00205) challenging the U.S. Department of Agriculture’s (USDA) adoption of radio frequency ID tags to monitor interstate livestock movement. R-CALF sought the Supreme Court’s interpretation of the word “established” as it pertains to advisory committees under the Federal Advisory Committee Act (FACA). The Supreme Court denied the petition without comment. For background, see ALWR—Sept. 23, 2022, “Supreme Court Filing Challenges Formation of Cattle Traceability Working Group and Producer Traceability Council.”

Food Labeling: USDA Closes Loopholes in New Proposed Rule on ‘Product of the USA’ Labeling
On March 13, 2023, the U.S. Department of Agriculture (USDA) Food Safety and Inspection Service (FSIS) published a proposed rule in the Federal Register titled Voluntary Labeling of FSIS-Regulated Products With U.S.-Origin Claims. Also announced by USDA, the proposed rule would amend requirements for products bearing the “Product of USA” label for meat, poultry, and egg products along with other voluntarily-inspected products. Under the proposed rule, these products must be derived from animals born, raised, slaughtered, and processed in the United States to bear the “Product of USA” label. The comment period for this proposed rule will close on May 12, 2023. For background on litigation concerning the “Product of the USA” label, see ALWR—March 18, 2022, “Tenth Circuit Affirms Dismissal of ‘Product of USA’ Meat Labeling Lawsuit.”

Invasive Species: USDA Publishes Draft Environmental Assessment for Spotted Lanternfly Control Program
On March 8, 2023, the U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) announced that the agency had extended until April 3, 2023, the comment period on its draft environmental assessment (EA) titled, “Expanded Spotted Lanternfly Control Program in Select States in the Midwest, Northeast, and Mid-Atlantic Regions of the United States, originally published February 17, 2023. APHIS has published eight Spotted Lanternfly Program environmental assessments since 2015. According to the draft EA, APHIS proposes adding Indiana, Massachusetts, Michigan, and Rhode Island to the Spotted Lanternfly Control area, changing the “use pattern for mist blower and high-pressure hydraulic spray applications,” and including high-pressure water treatment for removing egg piles.

Conservation Programs: USDA Accepting Additional Applications for PA Conservation Stewardship Program
On March 7, 2023, the U.S. Department of Agriculture’s (USDA) Natural Resources Conservation Service (NRCS) announced that the Pennsylvania NRCS is accepting additional applications for the Pennsylvania Conservation Stewardship Program (CSP). The priority deadline for applications for the Pennsylvania CSP is April 20, 2023.

Technology: American Farm Bureau and CNH Industrial Brands Sign a Right-to-Repair MOU
On March 9, 2023, the American Farm Bureau Federation (AFBF) signed a right-to-repair memorandum of understanding (MOU) with CNH Industrial brands, Case IH, and New Holland. This MOU allows farmers to have equipment diagnosed and repaired by independent repair facilities in all 50 U.S. states and Puerto Rico. This MOU is similar to a right-to-repair MOU entered into by AFBF and John Deere on January 8, 2023. For background see, ALWR—Jan. 16, 2023, “American Farm Bureau & John Deere Sign Right to Repair MOU.”

Dairy Policy: National Milk Producers Federation Establishes Position on Federal Milk Marketing Order Reform
On March 7, 2023, the National Milk Producers Federation (NMPF) announced its plan for petitioning USDA to reform the Federal Milk Marketing Order (FMMO) system. Previously, on January 17, 2023, the International Dairy Food Association’s (IDFA) Economic Policy Committee recommended filing a FMMO reform petition solely on revisions to “make allowances” in the federal order price calculation.  The NMPF position is consistent with the planned FMMO reform petition of the Wisconsin Cheese Makers Association. The IDFA hopes to gain NMPF support for its petition before filing. The NMPF is currently broadening its petition with hopes to file by the end of March. For other petitions calling for FMMO alterations see, ALWR—Nov. 11, 2022, “USDA Receives Petition from Dairy Cooperative Marketing Association to Amend to Federal Milk Marketing Orders 5, 6, and 7.”

Dairy Policy: PA Senate Passes a Resolution to Allow Whole Milk in PA Schools
On March 6, 2023, the Pennsylvania Senate passed Resolution 48 urging the U.S. Department of Agriculture (USDA) to add 2% and whole milk to the National School Lunch Program (NSLP). Whole milk was removed from the NSLP in 2010. The resolution has no legal effect.  For background on recent action regarding the NSLP, see ALWR—Feb. 13, 2023, “New Proposed Rule for Child Nutrition Programs Contains Added Sugars Standards, Includes Flavored Milks.”

 

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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. 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

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 Highlights Disaster Assistance Available to Florida Producers Impacted by Hurricane Ian (Mar. 10, 2023).

Biden-Harris Administration Invests More Than $12 Million In Support of the Tribal Forest Protection Act (Mar. 10, 2023).

USDA Announces $29 Million to Increase American-Made Fertilizer Production (Mar. 10, 2023).

USDA Announces Sign-up for Cost-Share Assistance for On-Farm Grain Storage in Areas with Limited Commercial Capacity Due to Severe Storms (Mar. 9, 2023).

USDA Recommends Food Safety Tips, Additional Resources Before Potential Flooding in California (Mar. 9, 2023).

President’s 2024 Budget Advances Efforts to Address the Nation’s Wildfire Crisis through Workforce Reform and Other Investments in Wildland Fire Management Programs (Mar. 9, 2023).

Statement by Secretary Vilsack on the President’s Fiscal Year 2024 Budget (Mar. 9, 2023).

USDA Announces More Than $43M Investment in Meat and Poultry Processing Research, Expansion and Innovation (Mar. 9, 2023).

USDA Celebrates Inaugural National Biobased Products Day (Mar. 8, 2023).

U.S. Department of Agriculture Announces Key Staff Appointments (Mar. 8, 2023).

Biden-Harris Administration Announces Actions, Investments to Create Fairer Markets, Lower Prices (Mar. 6, 2023).

Statement by Secretary Vilsack Regarding USMCA Consultation Request with Mexico (Mar. 6, 2023).

USDA Proposes New Requirements for the “Product of USA” Label Claim (Mar. 6, 2023).

USDA AGENCY PRESS RELEASES: 

Agricultural Marketing Service (AMS)

Biden-Harris Administration Announces Actions, Investments to Create Fairer Markets, Lower Prices (Mar. 6, 2023).

Agricultural Research Service (ARS)

The Agricultural Research Service is Breeding a Better Potato for a Better Potato Chip (Mar. 8, 2023).

Researchers Develop Sweet potato Clones with Improved Insect Resistance and Weed Tolerance (Mar. 6, 2023).

Animal and Plant Health Inspection Service (APHIS)

APHIS Extends Public Comment Period for Plan to Strengthen Regulations for Handling Wild and Exotic Animals for Exhibition, Environmental Enrichment Requirements (Mar. 6, 2023).

Farm Service Agency (FSA)

USDA Announces Sign-up for Cost-Share Assistance for On-Farm Grain Storage in Areas with Limited Commercial Capacity Due to Severe Storms (Mar. 9, 2023).

Food and Nutrition Service (FNS)

National School Breakfast Week: Kids Love School Breakfast (Mar. 10, 2023).

School Meals Served up Fresh in Southern California (Mar. 10, 2023).

USDA Recommends Food Safety Tips, Additional Resources Before Potential Flooding in California (Mar. 9, 2023).

Statement by Secretary Vilsack on the President’s Fiscal Year 2024 Budget (Mar. 9, 2023).

Massachusetts’ Flexible Services Program: Improving Food and Nutrition Security Improves Health (Mar. 8, 2023).

USDA Selects Five States to Test Mobile Contactless Payments in SNAP (Mar. 8, 2023).

National Institute of Food and Agriculture (NIFA)

A Look Back: Food Insecurity Nutrition Incentive Program Increases Fruit and Vegetable Purchases, Leads to Launch of GusNIP (Mar. 10, 2023).

USDA Announces More Than $43M Investment in Meat and Poultry Processing Research and Innovation (Mar. 9, 2023).

NIFA Invests $8.9M in Veterinary Medicine Loan Repayment Program (Mar. 8, 2023).

USDA Observes Inaugural National Biobased Products Day (Mar. 8, 2023).

State of Success: Oregon (Mar. 8, 2023).

NIFA Invests $300K in Response to Extreme Weather Events Across the U.S. (Mar. 6, 2023).

Northeast Maple Syrup Season Off to a Very Early Start (Mar. 6, 2023).

FEDERAL EXECUTIVE AGENCIES (Federal Register Mar. 6–Mar. 10, 2023):            

Agricultural Marketing Service

88 FR 14479 Final Rule: “Decrease of Assessment Rate for Texas Oranges and Grapefruit” (Mar. 9, 2023).

88 FR 14484 Final Rule: “Harmonized Tariff Schedule Numbers for the Paper and Paper-Based Packaging Products” (Mar. 9, 2023).

88 FR 14481 Final Rule: “Dried Prunes Produced in California; Increased Assessment Rate” (Mar. 9, 2023).

88 FR 14477 Final Rule: “Florida Citrus Marketing Order; Exemption for Pummelos” (Mar. 9, 2023).

88 FR 14593 Notice—Public Comment: “Notice of Intent To Certify Delegated Agencies: Alabama Department of Agriculture and Industries and the Washington State Department of Agriculture; Request for Comments” (Mar. 9, 2023).

88 FR 14296 Proposed Rule—Public Comment: “United States Standards for Grades of Processed Raisins” (Mar. 8, 2023).

88 FR 14083 Proposed Rule: “Walnuts Grown in California; Secretary’s Decision and Referendum Order on Proposed Amendments to Marketing Order No. 984” (Mar. 7, 2023).

Department of Agriculture

88 FR 14970 Notice: “Submission for OMB Review; Comment Request [Office of the Chief Information Officer, USDA: USDA Registration Form to Request Electronic Access Code]” (Mar. 10, 2023).

88 FR 14593 Notice: “Submission for OMB Review; Comment Request; Reinstatement [Agricultural Marketing Service: Livestock Mandatory Reporting Act of 1999.]” (Mar. 9, 2023).

88 FR 14325 Notice: “Submission for OMB Review; Comment Request [Agricultural Research Service: Evaluation of User Satisfaction with NAL Internet Sites.]” (Mar. 8, 2023).

88 FR 14325 Notice: “Submission for OMB Review; Comment Request [National Institute of Food and Agriculture: Expanded Food and Nutrition Education Program (EFNEP).]” (Mar. 8, 2023).

88 FR 14114 Notice: “Submission for OMB Review; Comment Request [Food and Nutrition Service: Supplemental Nutrition Assistance Program Education and Obesity Prevention Grant (SNAP-Ed) National Program Evaluation and Reporting System (N-PEARS).]” (Mar. 7, 2023).

88 FR 13777 Notice: “Information Collection; Improving Customer Experience (OMB Circular A-11, Section 280 Implementation)” (Mar. 6, 2023).

Animal and Plant Health Inspection Service

88 FR 14090 Proposed Rule—Public Comment: “Wild and Exotic Animal Handling, Training of Personnel Involved With Public Handling of Wild and Exotic Animals, and Environmental Enrichment for Species” (Mar. 7, 2023).

Environmental Protection Agency

88 FR 15019 Notice—Public Comment: “Agency Information Collection Activities; Proposed Renewal Collection and Request for Comment; Regulation of Persistent, Bioaccumulative, and Toxic Chemicals Under TSCA Section 6(h)” (Mar. 10, 2023).

88 FR 15020 Notice: “Cancellation Order for Certain Pesticide Registrations and Amendments To Terminate Uses” (Mar. 10, 2023).

88 FR 15015 Notice—Public Comment: “Notice of Receipt of Requests To Voluntarily Cancel Certain Pesticide Registrations and Amend Registrations To Terminate Certain Uses” (Mar. 10, 2023).

88 FR 14491 Final Rule—Public Comment: “Diglycerol in Pesticide Formulations; Tolerance Exemption” (Mar. 9, 2023).

88 FR 14495 Final Rule—Public Comment: “Mandestrobin; Pesticide Tolerances” (Mar. 9, 2023).

Food and Drug Administration

88 FR 14893 Final Rule: “New Animal Drugs; Approval of New Animal Drug Applications; Withdrawal of Approval of New Animal Drug Applications; Change of Sponsor; Change of Sponsor Name and Address” (Mar. 10, 2023).

88 FR 14170 Notice—Public Comment: “Evaluating the Safety of Antimicrobial New Animal Drugs With Regard to Their Microbiological Effects on Bacteria of Human Health Concern; Revised Draft Guidance for Industry; Availability; Extension of Comment Period” (Mar. 7, 2023).

Food Safety and Inspection Service

88 FR 14114 Notice—Public Comment: “Notice of Request To Renew an Approved Information Collection: Procedures for the Notification of New Technology and Requests for Waivers” (Mar. 7, 2023).

International Trade Administration

88 FR 14605 Notice: “Ripe Olives From Spain: Final Results of Countervailing Duty Administrative Review; 2020” (Mar. 9, 2023).

88 FR 14137 Notice: “Certain Frozen Warmwater Shrimp From Thailand: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review; 2021-2022″ (Mar. 7, 2023).

International Trade Commission

88 FR 14177 Notice: “White Grape Juice Concentrate From Argentina; Revised Schedule for the Subject Investigations” (Mar. 7, 2023).

Natural Resources Conservation Service

88 FR 14326 Notice—Public Comment: “Request for Public Input About Implementation of the Mississippi River Basin Healthy Watersheds Initiative and the National Water Quality Initiative” (Mar. 8 2023).

88 FR 14327 Notice: “Request for Nominations to the Task Force on Agricultural Air Quality Research” (Mar. 8, 2023).

The U.S. Codex Office

88 FR 14594 Notice: “Codex Alimentarius Commission: Meeting of the Codex Committee on Food Labelling” (Mar. 9, 2023).

Wage and Hour Division

88 FR 15100 Notice—Public Comment: “Agency Information Collection Activities; Comment Request; Information Collections: Disclosures to Workers Under the Migrant and Seasonal Agricultural Worker Protection Act” (Mar. 10, 2023).

U.S. HOUSE AGRICULTURE COMMITTEE: 

H.R.1569 “To prohibit the Secretary of the Interior from issuing leases to certain entities affiliated with the Chinese Communist Party, and for other purposes.” Referred to the Committee on Natural Resources, and in addition to the Committee on Agriculture. (Mar. 10, 2023).

H.R.1567 “To require that the Secretary of Agriculture and the Secretary of the Interior submit accurate reports regarding hazardous fuels reduction activities, and for other purposes.” Referred to the Committee on Natural Resources, and in addition to the Committee on Agriculture. (Mar. 10, 2023).

H.R.1550 “To amend the Food and Nutrition Act of 2008 to restore and standardize work requirements for able-bodied adults enrolled in the supplemental nutrition assistance program.” Referred to the House Committee on Agriculture. (Mar. 10, 2023).

H.R.1527 “To improve access for outdoor recreation through the use of special recreation permits on Federal recreational lands and waters, and for other purposes.” Referred to the Committee on Natural Resources, and in addition to the Committee on Agriculture. (Mar. 10, 2023).

H.R.1517 “To authorize the Secretary of Agriculture to provide grants to States, territories, and Indian Tribes to address contamination by perfluoroalkyl and polyfluoroalkyl substances on farms, and for other purposes.” Referred to the House Committee on Agriculture. (Mar. 9, 2023).

H.R.1510 “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.” Referred to the House Committee on Agriculture. (Mar. 9, 2023).

H.R.1509 “To amend the Department of Agriculture Reorganization Act of 1994 to reauthorize the Healthy Food Financing Initiative, and for other purposes.” Referred to the House Committee on Agriculture. (Mar. 9, 2023).

H.R.1495 “To amend the Food, Conservation, and Energy Act of 2008 to establish a precision agriculture loan program, and for other purposes.” Referred to the House Committee on Agriculture. (Mar. 9, 2023).

H.R.1489 “To amend the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 to repeal the drug felon ban for participation in the supplemental nutrition assistance program under the Food and Nutrition Act of 2008.” Referred to the House Committee on Agriculture. (Mar. 9, 2023).

H.R.1480 “To authorize the National Detector Dog Training Center, and for other purposes.” Referred to the House Committee on Agriculture. (Mar. 9, 2023).

H.R.934 “To require the Secretary of Agriculture to carry out activities to suppress wildfires, and for other purposes.” Referred to the Subcommittee on Forestry. (Mar. 9, 2023).

H.R.923 “POWER Act of 2023.” Referred to the Subcommittee on Forestry. (Mar. 9, 2023).

H.R.922 “RURAL Broadband Act of 2023.” Referred to the Subcommittee on Commodity Markets, Digital Assets, and Rural Development. (Mar. 9, 2023).

H.R.1473 “To provide for a program within the Forest Service to detect, document, monitor, and remediate the environmental damages caused by trespass cultivation on National Forest Lands, and amend the Federal Insecticide, Fungicide, and Rodenticide Act to include criminal penalties for illegal pesticide application on Government property, and for other purposes.” Referred to the Committee on Agriculture, and in addition to the Committees on Natural Resources, and the Budget. (Mar. 8, 2023).

H.R.1472 “To amend the Federal Insecticide, Fungicide, and Rodenticide Act to provide for a consistent definition for plant biostimulants.” Referred to the House Committee on Agriculture. (Mar. 8, 2023).

H.R.1465 “To amend the Animal Welfare Act to allow for the adoption or non-laboratory placement of certain animals used in Federal research, and for other purposes.” Referred to the House Committee on Agriculture. (Mar. 8, 2023).

H.R.1463 “To prohibit Federal officials from owning covered investments, and for other purposes.” Referred to the Committee on the Judiciary, and in addition to the Committees on Financial Services, Agriculture, Oversight and Accountability, House Administration, and Ways and Means. (Mar. 8, 2023).

H.R.1461 “To direct the Secretary of Agriculture and the Administrator of the National Oceanic and Atmospheric Administration to carry out a study on coastal seaweed farming, issue regulation relating to such farming, and establish an Indigenous seaweed farming fund, and for other purposes.” Referred to the Committee on Natural Resources, and in addition to the Committees on Agriculture, and Energy and Commerce. (Mar. 8, 2023).

H.R.1459 “To leverage incentives for the adoption of precision agriculture technology, and for other purposes.” Referred to the House Committee on Agriculture. (Mar. 8, 2023).

H.R.1455 “To amend the Food, Agriculture, Conservation, and Trade Act of 1990 to provide research and extension grants to support the study of insects and pests that impact plantains and bananas, and for other purposes.” Referred to the House Committee on Agriculture. (Mar. 8, 2023).

H.R.1454 “To amend the Food, Agriculture, Conservation, and Trade Act of 1990 to establish a cacao tree health initiative, and for other purposes.” Referred to the House Committee on Agriculture. (Mar. 8, 2023).

H.R.1450 “To amend the Agricultural Act of 2014 to modify the treatment of revenue from timber sale contracts and certain payments made by counties to the Secretary of Agriculture and the Secretary of the Interior under good neighbor agreements, and for other purposes.” Referred to the Committee on Natural Resources, and in addition to the Committee on Agriculture. (Mar. 8, 2023).

H.R.1436 “To provide additional funding for scholarships for students at 1890 institutions.” Referred to the House Committee on Agriculture. (Mar. 8, 2023).

H.R.1430 “To direct the Secretary of the Interior and the Secretary of Agriculture to use certain previously completed environmental assessments and environmental impact statements to satisfy the review requirements of the National Environmental Policy Act of 1969, and for other purposes.” Referred to the Committee on Natural Resources, and in addition to the Committee on Agriculture. (Mar. 7, 2023).

H.R.1428 “To amend the Agricultural Marketing Act of 1946 to repeal the prohibition for certain individuals convicted of a felony offense to participate in hemp production, and for other purposes.” Referred to the House Committee on Agriculture. (Mar. 7, 2023).

H.R.1427 “To amend the Food and Nutrition Act of 2008 to limit the use of business integrity and reputation factors when determining the eligibility of a retail food store or a wholesale food concern to be approved to redeem supplemental nutrition assistance program benefits.” Referred to the House Committee on Agriculture. (Mar. 7, 2023).

H.R.1426 “To amend the Food, Agriculture, Conservation, and Trade Act of 1990 to establish a floriculture and nursery plant health initiative, and for other purposes.” Referred to the House Committee on Agriculture. (Mar. 7, 2023).

H.R.1380 “To require the Secretary of Agriculture and the Secretary of the Interior to issue guidance on climbing management in designated wilderness areas, and for other purposes.” Referred to the Committee on Natural Resources, and in addition to the Committee on Agriculture. (Mar. 7, 2023).

H.R.626 “Breaking the Gridlock Act.” Referred to the Subcommittee on the National Intelligence Enterprise. (Mar. 7, 2023).

H.R.805 “Industrial Agriculture Accountability Act of 2023.” Referred to the Subcommittee on Livestock, Dairy, and Poultry. (Mar. 6, 2023).

H.R.797 “Farm System Reform Act of 2023.” Referred to the Subcommittee on Livestock, Dairy, and Poultry. (Mar. 6, 2023).

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

S.760 “A bill to amend the Department of Agriculture Reorganization Act of 1994 to authorize mandatory funding for the Healthy Food Financing Initiative.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Mar. 9, 2023).

S.759 “A bill to authorize the National Detector Dog Training Center, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Mar. 9, 2023).

S.757 “A bill to amend the Agricultural Credit Act of 1978 with respect to preagreement costs of emergency watershed protection measures, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Mar. 9, 2023).

S.754 “A bill to amend the Richard B. Russell National School Lunch Act to modify requirements for local school wellness policies.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Mar. 9, 2023).

S.747 “A bill to authorize the Secretary of Agriculture to provide grants to States, territories, and Indian Tribes to address contamination by perfluoroalkyl and polyfluoroalkyl substances on farms, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Mar. 9, 2023).

S.745 “A bill to designate additions to the Rough Mountain Wilderness and the Rich Hole Wilderness of the George Washington National Forest, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Mar. 9, 2023).

S.734 “A bill to enhance the participation of precision agriculture in the United States, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Mar. 9, 2023).

S.732 “A bill to amend the Agricultural Research, Extension, and Education Reform Act of 1998 to direct the Secretary of Agriculture to establish a national biochar research network, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Mar. 9, 2023).

S.720 “A bill to leverage incentives for the adoption of precision agriculture equipment and technology, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Mar. 8, 2023).

S.719 “A bill to amend the Food, Conservation, and Energy Act of 2008 to establish a precision agriculture loan program, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Mar. 8, 2023).

S.707 “A bill to amend the Animal Welfare Act to allow for the retirement of certain animals used in Federal research, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Mar. 8, 2023).

S.697 “A bill to amend the Agricultural Act of 2014 to modify the treatment of revenue from timber sale contracts and certain payments made by counties to the Secretary of Agriculture and the Secretary of the Interior under good neighbor agreements, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Mar. 8, 2023).

S.684 “A bill to prohibit the acquisition and ownership of agricultural land by certain foreign entities, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Mar. 7, 2023).

S.658 “A bill to amend the Food Security Act of 1985 to make adjustments to the environmental quality incentives program, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Mar. 6, 2023).

STATE ACTIONS—EXECUTIVE & LEGISLATIVE  

PENNSYLVANIA DEPARTMENT OF AGRICULTURE PRESS RELEASES:            

Governor Shapiro’s Budget Spurs Innovation, Expands Opportunity, Grows Future Of Pennsylvania Agriculture (Mar. 9, 2023).

PENNSYLVANIA EXECUTIVE AGENCIES (Pa. Bulletin Vol. 53, No. 9—Mar. 11, 2023): 

Department of Agriculture

53 Pa.B. 1399 Notice: “Commercial Feed Ingredients.”

53 Pa.B. 1399 Notice: “Fertilizer Terms and Definitions.”

Department of Environmental Protection  

53 Pa.B. 1400 Notice: “Applications, Actions and Special Notices.”

53 Pa.B. 1479 Notice: “Availability of the Non-Regulatory Agenda.”

53 Pa.B. 1480 Notice: “Bond Rate Guidelines for the Calculation of Land Reclamation Bonds on Coal Mining Operations.”

53 Pa.B. 1482 Notice: “Bond Rate Guidelines for the Calculation of Land Reclamation Bonds on Noncoal Mining Operations.”

53 Pa.B. 1484 Notice: “Citizens Advisory Council Meeting Cancellation.”

53 Pa.B. 1484 Notice: “Cleanup Standards Scientific Advisory Board Meeting.”

53 Pa.B. 1485 Notice: “Planning Grant Awards under Section 901 of the Municipal Waste Planning, Recycling and Waste Reduction Act, Act 101 of 1988.”

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.” Transmitted as directed. [Senate] (Mar. 10, 2023).

HB 245 “An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, in registration of vehicles, further providing for vehicles exempt from registration.” Referred to Agriculture and Rural Affairs. [House]. (Mar. 10, 2023).

SB 95 “An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, in registration of vehicles, further providing for use of farm vehicle plates.” Referred to Transportation. [House] (Mar. 7, 2023).

 

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