March 4, 2025
Agricultural Law Weekly Review—March 4, 2025
This Week—Wed. Mar. 5: Compliance with New Federal and State Business Entity Informational Filing Requirements
Agribusiness: FinCEN Announces Pause on BOI Enforcement, Upcoming Interim Rule 🌾
On February 27, 2025, the U.S. Financial Crimes Enforcement Network (FinCEN) announced that the agency “will not issue any fines or penalties or take any other enforcement actions against any companies based on any failure to file or update beneficial ownership information (BOI) reports pursuant to the Corporate Transparency Act by the current deadlines,” which have been extended until March 21, 2025. FinCEN further states, “No fines or penalties will be issued, and no enforcement actions will be taken, until a forthcoming interim final rule becomes effective and the new relevant due dates in the interim final rule have passed.” For more, see National Agricultural Law Center Partner article, Most BOI Reports are Due March 21, but No Penalties for Now, Kristine A. Tidgren, Iowa St. Univ. Ctr. Agric. Law & Tax’n (Feb. 27, 2025).
Avian Influenza: USDA Announces $1 Billion Five-Part Strategy for HPAI
On February 26, 2025, the U.S. Department of Agriculture (USDA) announced a $1 billion five-part strategy to address highly pathogenic avian influenza (HPAI), detailed by Agriculture Secretary Brook Rollins in a Wall Street Journal opinion article. According to the announcement and article, the strategy includes
- $500 million for biosecurity measures, including providing “Wildlife Biosecurity Assessments” “at no cost to all commercial egg-laying chicken farms” and “pay[ing] up to 75% of the cost to repair biosecurity vulnerabilities,”
- $400 million for “farmers whose flocks are affected by avian flu,” including continuing payments under the existing indemnity program,
- $100 million for “research and development of vaccines and therapeutics,”
- “remov[ing] . . . regulatory burdens on egg producers,” “includ[ing] examining the best way to” address “overly prescriptive state laws, such as California’s Proposition 12,” and
- “consider[ing] temporary import options.”
See also ALWR—Jan. 7, 2025, “USDA Requires Biosecurity Audit After HPAI Infections for Indemnity Eligibility.”
- Explore the Center’s Newest Issue Tracker: Trump Administration’s First 100 Days on Agricultural and Food Policy
Avian Influenza: Elanco, Medgene Establish Agreement to Commercialize HPAI Vaccine for Dairy Cattle
On February 25, 2025, Elanco Animal Health Incorporated announced that it had entered into an agreement with Medgene, a South-Dakota based animal health company, to commercialize a vaccine for highly pathogenic avian influenza (HPAI) for use in dairy cattle. Elanco states that “Medgene reports the vaccine has met all requirements of the U.S. Department of Agriculture’s (USDA) platform technology guidelines and is in the final stages of review for conditional license approval.” According to the announcement, “USDA previously approved Medgene’s vaccine platform technology in cattle” and “Medgene has existing vaccine manufacturing supply ready to deploy.”
Animal Health: USDA Reopens Comment Period for US Swine Health Improvement Plan
On February 28, 2025, the U.S. Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) published in the Federal Register a proposed rule (90 FR 10876) reopening the comment period for the agency’s US Swine Health Improvement Plan proposed rule (89 FR 107045), previously published December 31, 2024. Also announced by USDA, the new comment period is open until March 31, 2025 (APHIS-2022-0061). See also ALWR—Jan. 14, 2025, “USDA Publishes Proposed Rule to Codify US Swine Health Improvement Plan.”
Food Labeling: FDA Delays Final Rule Updating ‘Healthy’ Food Claim
On February 25, 2025, the U.S. Food and Drug Administration (FDA) published in the Federal Register a rule (90 FR 10592) delaying the effective date of the agency’s ‘Healthy’ food labeling final rule (89 FR 106064), published on December 27, 2025 (FDA-2016-D-2335). According to the rule, FDA is delaying the final rule until April 28, 2025 “in accordance with the memorandum of January 20, 2025, from the President, entitled ‘Regulatory Freeze Pending Review.’” However, FDA states that the February 25, 2028 compliance date “remains unchanged at this time.” See also ALWR—Jan. 7, 2025, “FDA Publishes Final Rule Updating ‘Healthy’ Food Claim.”
Biotechnology: Brown Foods Announces First Lab-Grown Milk
On February 25, 2025, cellular agriculture company Brown Foods issued a press release (PDF) announcing that the company had created “the world’s first test tube of lab-grown milk.” According to the announcement, the company’s UnReal Milk “contains all essential proteins, fats, and carbohydrates that make up 99% of traditional cow milk.” Additionally, the company states that “an independent third-party analysis by the Whitehead Institute for Biomedical Research, affiliated with MIT, confirmed the presence of all key dairy proteins, including Alpha-S1-Casein, Alpha-S2-Casein, Beta Casein, Kappa Casein, Alpha-lactalbumin, Beta-lactoglobulin, Lactotransferrin, and Albumin.” Brown Foods further states that it “is committed to bringing UnReal Milk to consumers for tasting by late 2025 . . . followed by a market pilot in late 2026.”
Agricultural Labor: Fourth Circuit Affirms Denial of Preliminary Injunction Against H-2A ‘Non-Ag Data’ Wage Rule
On February 24, 2025, the U.S. Court of Appeals for the Fourth Circuit issued an opinion affirming the district court’s 2023 order denying a preliminary injunction against the Department of Labor’s (DOL) February 2023 final rule, which amended the H-2A wage rate calculations to include data from non-agricultural occupations. USA Farm Labor v. Micone, No. 23-2108. The Fourth Circuit held that the “district court did not abuse its discretion in denying the preliminary injunction” and that the “district court reasonably concluded that the balance did not tip in favor of an injunction.” See also ALWR—Oct. 9, 2023, “Federal Court Denies Preliminary Injunction of February 2023 H-2A Wage Rule.”
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Understanding Agricultural Law Series. A free monthly Zoom webinar series for agricultural and rural business advisors. One hour of substantive CLE credit available for Pennsylvania-licensed attorneys at no charge. All events on Fridays, noon–1 pm (ET). Upcoming:
- Mar. 28, 2025, Understanding the Basics of the Clean Water Act & Ag: Impaired Waters & TMDL Process
- Apr. 25, 2025, Understanding the Basics of PA Ag Exemptions for Inheritance Tax and Other Real Estate Transfers
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Podcasts:
Farmland Legal Energy Podcast
The Inflation Reduction Act and Agriculture
An Introduction to Foreign Ownership of Agricultural Land
Dust Pollution in Rural Pennsylvania
Introduction to Precision Agriculture
Resources of Interest:
Nat’l Agric. Law Ctr., Corporate Transparency Act is back, with new March 21 filing deadline (Feb. 28, 2025)
Univ. Md. Risk Mgmt. Educ. Blog, BOI is Back!, Jeffrey K. Lewis (Feb. 24, 2025)
Nat’l Agric. Law Ctr., Community Supported Agriculture: A Field Guide for Producers and Consumers (Add-ons), Emily Stone (Feb. 25, 2025)
Tex. A&M Agric. Law Blog, Lawsuits, Disaster Declaration After PFAS Contaminates Farms in Johnson County, Texas, Tiffany Dowell (Feb. 24, 2025)
Southern Ag Today, Addressing PFAS Biosolid Contamination on Farmland, Andrew Branan—NC State Extension (Feb. 28, 2025)
Pennsylvania Agriculture-Related Legislative Hearings
Agriculture & Rural Affairs: “Informational meeting on Reducing Food Waste and Insecurity and any other business that may come before the committee.” (Mar. 6, 2025, 11:00 AM)
Federal Agriculture-Related Legislative Hearings
House Agriculture Subcommittee on Livestock, Dairy, and Poultry: “The State of the Livestock Industry: Producer Perspectives” (Mar. 4, 2025, 10:00 AM)
Senate Agriculture, Nutrition, and Forestry Subcommittee on Conservation, Climate, Forestry and Natural Resources Hearing: “Hearings to examine options to reduce catastrophic wildfire, including H.R.471, to expedite under the National Environmental Policy Act of 1969 and improve forest management activities on National Forest System lands, on public lands under the jurisdiction of the Bureau of Land Management, and on Tribal lands to return resilience to overgrown, fire-prone forested lands.” (Mar. 6, 2025, 11:00 AM)
STATE ACTIONS—EXECUTIVE & LEGISLATIVE
PENNSYLVANIA EXECUTIVE AGENCIES
(Pa. Bulletin Vol. 55, No. 9—Mar. 1, 2025):
Department of Environmental Protection
55 Pa.B. 1800 Notice: “The Pennsylvania Clean Streams Law and the Federal Clean Water Act 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.”
PENNSYLVANIA LEGISLATURE
SB 316 “An Act amending . . . Pennsylvania Human Relations Act, further providing for definitions.” Referred to LABOR AND INDUSTRY (Feb/ 26, 2025)
SB 336 “An Act providing for solar energy facilities on certain land; imposing powers and duties on the Department of Agriculture; and providing for a tax credit.” Referred to AGRICULTURE AND RURAL AFFAIRS. (Feb. 26, 2025)
SB 339 “An Act amending . . . the Agricultural Area Security Law, further providing for purchase of agricultural conservation easements and for Agricultural Conservation Easement Purchase Fund.” Referred to AGRICULTURE AND RURAL AFFAIRS. (Feb. 26, 2025)
SB 349 “An Act amending Title 27 (Environmental Resources) of the Pennsylvania Consolidated Statutes, in environmental protection, providing for decommissioning of solar energy facilities.” Referred to ENVIRONMENTAL RESOURCES AND ENERGY. (Feb. 26, 2025)
SB 352 “An Act amending . . . the Dam Safety and Encroachments Act, further providing for definitions and for scope of act.” Referred to ENVIRONMENTAL RESOURCES AND ENERGY. (Feb. 26, 2025)
SR 24 “A Resolution urging the Congress of the United States to pass a food labeling modernization act and an allergen disclosure in non-food articles act.” Referred to AGRICULTURE AND RURAL AFFAIRS. (Feb. 25, 2025)
HB 708 “An Act amending . . . the Pennsylvania Safe Drinking Water Act, further providing for powers and duties of department.” Referred to ENVIRONMENTAL AND NATURAL RESOURCE PROTECTION. (Feb. 24, 2025)
HR 87 “A Resolution directing the Joint State Government Commission to conduct a study reviewing the risk to critical infrastructure from foreign purchases of critical infrastructure assets and adjacent land in this Commonwealth.” Referred to AGRICULTURE AND RURAL AFFAIRS (Feb. 21, 2025)
HR 90 “A Resolution directing the Joint State Government Commission to conduct a study on the projected costs in Pennsylvania of climate change adaptation and resilience measures needed to mitigate the projected impacts of certain climate-change-related events.” Referred to ENVIRONMENTAL AND NATURAL RESOURCE PROTECTION. (Feb. 24, 2025)
FEDERAL ACTIONS—EXECUTIVE & LEGISLATIVE
U.S. ENVIROMENTAL PROTECTION AGENCY
EPA Administrator Zeldin Celebrates First Month of Trump Administration Accomplishments (Feb. 28, 2025)
EPA Announces E15 Implementation Deadline Extensions for South Dakota, Ohio (Feb. 28, 2025)
EPA Administrator Lee Zeldin Cancels 20 Grants in 2nd Round of Cuts with DOGE, Saving Americans More than $60M (Feb. 25, 2025)
Kevin J. McOmber appointed to lead EPA’s Southeast Region (Feb. 24, 2025)
U.S. DEPARTMENT OF AGRICULTURE (USDA) PRESS RELEASES
WHAT THEY ARE SAYING: Strong Support for USDA’s Actions to Combat Avian Flu (Feb. 27, 2025)
Secretary Rollins names Tom Schultz Chief of the U.S. Department of Agriculture’s Forest Service (Feb. 27, 2025)
Secretary Rollins Initiates New Public-Private Partnership to Reduce Wildfire Risk (Feb. 26, 2025)
USDA Invests Up To $1 Billion to Combat Avian Flu and Reduce Egg Prices (Feb. 26, 2026)
Secretary Rollins Takes Action to Prevent Illegal Aliens from Accessing Food Stamps (Feb. 25, 2025)
USDA AGENCY PRESS RELEASES:
Agricultural Marketing Service
USDA Restricts PACA Violators in California, Illinois and Texas from Operating in the Produce Industry (Feb. 26, 2025)
USDA Issues a Packers and Stockyards Complaint against Intermountain Packing LLC and David Adams (Feb. 26, 2025)
USDA Settles Packers and Stockyards Case with Cox Livestock Inc. (Feb. 26, 2025)
USDA Restricts PACA Violators in Florida Operating in the Produce Industry (Feb. 26, 2025)
USDA Cites Marchella of NY Inc. for PACA Violations (Feb. 25, 2025)
Animal and Plant Health Inspection Service
APHIS Reopens Comment Period for Proposed Rule to Establish U.S. Swine Health Improvement Plan as a Federal Regulatory Program (Feb. 26, 2025)
Farm Service Agency
Federal Emergency Management Agency Designates 5 Counties in California as Natural Disaster Areas Due to Wildfires (Feb. 24, 2025)
Foreign Agricultural Service
USDA Accepting Applications for Peru Agribusiness Trade Mission (Feb. 26, 2025)
USDA Trade Mission to Expand Exports in Guatemala, Central America (Feb. 25, 2025)
National Agricultural Statistics Service
USDA releases Census of Agriculture data for the Commonwealth of Northern Mariana Islands (Feb. 27, 2025)
USDA extends response deadline for 2024 Census of Horticultural Specialties (Feb. 24, 2025)
Natural Resource Conservation Service
Lighting the Way: Training about prescribed fire for conservation (Feb. 27, 2025)
State Technical Advisory Committee Spring Meeting Schedule (Feb. 25, 2025)
USDA Seeking Partners for Cropland Cover for Soil Health and Wildlife Project (Feb. 24, 2025)
April 4 Deadline for Glacial Lakes RCPP Applications (Feb. 24, 2025)
Financial assistance available for Eastern Oregon Wildfire Disaster Recovery (Feb. 24, 2025)
Risk Management Agency
Crop Insurance Deadline Nears for Spring Planted Crops, Whole-Farm Revenue Protection, and Micro Farm Program (Feb. 24, 2025)
FEDERAL EXECUTIVE AGENCIES (Federal Register—Feb. 23–Mar. 1, 2025):
Animal and Plant Health Inspection Service
90 FR 10876 Proposed Rule—Comment Period: “US Swine Health Improvement Plan; Reopening of Comment Period” (Feb. 28, 2025)
90 FR 10471 Notice—Comment Period: “Notice of Request for Reinstatement of an Information Collection; National Animal Health Monitoring System; Equine 2026 Study” (Feb. 24, 2025)
Environmental Protection Agency
90 FR 10897 Notice—Comment Period: “Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Clean Water Act Section 404 State-Assumed Programs (Renewal)” (Feb. 28, 2025)
90 FR 10921 Notice—Comment Period: “Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; 2022 National Pollutant Discharge Elimination System (NPDES) Construction General Permit (CGP) for Stormwater Discharges from Construction Activities (Renewal)” (Feb. 28, 2025)
90 FR 10895 Notice—Comment Period: “Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Water Quality Standards Regulation (Renewal)” (Feb. 28, 2025)
90 FR 10907 Notice—Comment Period: “Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; NSPS for Lime Manufacturing (Renewal)” (Feb. 28, 2025)
90 FR 10895 Notice: “Environmental Impact Statements; Notice of Availability” (Feb. 28, 2025)
90 FR 10904 Notice—Comment Period: “Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; NESHAP for Leather Finishing Operations (Renewal)” (Feb. 28, 2025)
90 FR 10899 Notice: “Allocations of Cross-State Air Pollution Rule Allowances from New Unit Set-Asides for 2024 Control Periods” (Feb. 28, 2025)
90 FR 10697 Final Rule: “Cyprodinil; Pesticide Tolerances” (Feb. 26, 2025)
90 FR 10605 Final Rule—Comment Period: “Fludioxonil; Pesticide Tolerances” (Feb. 25, 2025)
90 FR 10608 Final Rule—Comment Period: “Inactivated Burkholderia Rinojensis Strain A396 Cells and Spent Fermentation Media; Exemption from the Requirement of a Tolerance” (Feb. 25, 2025)
90 FR 10603 Final Rule—Comment Period: “Beauveria Bassiana Strain BW149; Exemption from the Requirement of a Tolerance” (Feb. 25, 2025)
90 FR 10597 Final Rule—Comment Period: “Bacillus Thuringiensis Cry1B.34 Protein; Exemption from the Requirement of a Tolerance” (Feb. 25, 2025)
90 FR 10599 Final Rule—Comment Period: “Bacillus Thuringiensis Strain EX 297512 in Pesticide Formulations; Exemption from the Requirement of a Tolerance” (Feb. 25, 2025)
90 FR 10492 Notice—Comment Period: “Certain New Chemicals; Receipt and Status Information for January 2025” (Feb. 24, 2025)
90 FR 10485 Notice—Comment Period: “Certain New Chemicals; Receipt and Status Information for December 2024” (Feb. 24, 2025)
90 FR 10489 Notice: “Certain New Chemicals or Significant New Uses; Statements of Findings for September, October, November, and December 2024” (Feb. 24, 2025)
90 FR 10490 Notice—Comment Period: “Pesticide Product Registration; Receipt of Applications for New Active Ingredients (December 2024)” (Feb. 24, 2025)
90 FR 10491 Notice—Comment Period: “Pesticide Product Registration; Receipt of Applications for New Uses (December 2024)” (Feb. 24, 2025)
U.S. HOUSE AGRICULTURE COMMITTEE:
H.R.1762 “To amend the Department of Agriculture Reorganization Act of 1994 to provide that the President shall appoint, by and with the advice and consent of the Senate, the Chief of the Forest Service.” Referred to the House Committee on Agriculture. (Feb. 27, 2025)
H.R.1756 “To prohibit certain defense industry stock trading and ownership by Members of Congress and spouses of Members of Congress, and for other purposes.” Referred to the Committees on Financial Services, House Administration, Ways and Means, and Agriculture. (Feb. 27, 2025)
H.R.1719 “To amend the Farm Security and Rural Investment Act of 2002 with respect to the definition of biofuels and sustainable aviation fuel, and for other purposes.” Referred to the House Committee on Agriculture. (Feb. 27, 2025)
H.R.1681 “To require the Assistant Secretary of Commerce for Communications and Information to establish an interagency strike force to ensure that certain Federal land management agencies, including the organizational units of such agencies, prioritize the review of requests for communications use authorizations, and for other purposes.” Referred to the Committees on Energy and Commerce, Natural Resources, and Agriculture. (Feb. 27, 2025)
H.R.1665 “To require the Department of the Interior and the Department of Agriculture to establish online portals to accept, process, and dispose of certain Form 299s, and for other purposes.” Referred to the Committees on Natural Resources, Energy and Commerce, and Agriculture. (Feb. 27, 2025)
H.R.1661 “To amend the Agriculture Improvement Act of 2018 to prohibit the slaughter of equines for human consumption.” Referred to the House Committee on Agriculture. (Feb. 27, 2025)
H.R.1648 “To direct the Secretary of Agriculture to amend certain regulations to clarify that livestock auction owners may have an interest in small meatpacking businesses, and for other purposes.” Referred to the House Committee on Agriculture. (Feb. 27, 2025)
H.R.1629 “To amend the Agricultural Foreign Investment Disclosure Act of 1978 to remove the limitation on the amount of a civil penalty, and for other purposes.” Referred to the House Committee on Agriculture. (Feb. 26, 2025)
H.R.1613 “To amend the Federal Crop Insurance Act to require the research and development of a policy to insure the production of mushrooms.” Referred to the House Committee on Agriculture. (Feb. 26, 2025)
H.R.1604 “To direct the Secretary of Agriculture to periodically assess cybersecurity threats to, and vulnerabilities in, the agriculture and food critical infrastructure sector and to provide recommendations to enhance their security and resilience, to require the Secretary of Agriculture to conduct an annual cross-sector simulation exercise relating to a food-related emergency or disruption, and for other purposes.” Referred to the House Committee on Agriculture. (Feb. 26, 2025)
H.R.1596 “To designate the U.S. National Poultry Research Center of the Department of Agriculture located in Athens, Georgia, as the ‘Abit Massey Poultry Research Center.’” Referred to the House Committee on Agriculture. (Feb. 25, 2025)
H.R.1592 “To limit USDA funding for ground-mounted solar energy systems, and for other purposes.” Referred to the House Committee on Agriculture. (Feb. 26, 2025)
H.R.1588 “To require the Assistant Secretary of Commerce for Communications and Information to report to Congress on any barriers to establishing online portals to accept, process, and dispose of certain Form 299s, and for other purposes.” Referred to the Committees on Natural Resources and Energy and Commerce. (Feb. 26, 2025)
H.R.1565 “To amend the Food Security Act of 1985 to reauthorize the voluntary public access and habitat incentive program.” Referred to the House Committee on Agriculture. (Feb. 25, 2025)
H.R.1538 “To amend the Agriculture and Consumer Protection Act of 1973 to establish a pilot grant program to award grants to facilitate home delivery of commodities under the commodity supplemental food program, and for other purposes.” Referred to the House Committee on Agriculture. (Feb. 24, 2025)
H.R.1528 “To amend the Food and Nutrition Act of 2008 to standardize work requirements for able-bodied adults enrolled in the supplemental nutrition assistance program.” Referred to the House Committee on Agriculture. (Feb. 24, 2025)
U.S. SENATE COMMITTEE ON AGRICULTURE, NUTRITION, AND FORESTRY:
S.783 “A bill to amend the Consolidated Farm and Rural Development Act to provide additional assistance to rural water, wastewater, and waste disposal systems, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Feb. 27, 2025)
S.782 “A bill to direct the Secretary of Agriculture to amend regulations to allow for certain packers to have an interest in market agencies, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Feb. 27, 2025)
S.775 “A bill to amend the Agriculture Improvement Act of 2018 to prohibit the slaughter of equines for human consumption.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Feb. 27, 2025)
S.754 “A bill to direct the Secretary of Agriculture to periodically assess cybersecurity threats to, and vulnerabilities in, the agriculture and food critical infrastructure sector and to provide recommendations to enhance their security and resilience, to require the Secretary of Agriculture to conduct an annual cross-sector simulation exercise relating to a food-related emergency or disruption, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Feb. 26, 2025)
S.741 “A bill to amend the Federal Crop Insurance Act to require research and development regarding a policy to insure the production of mushrooms.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Feb. 26, 2025)
S.704 “A bill to amend the Food Security Act of 1985 to reauthorize the voluntary public access and habitat incentive program.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Feb. 25, 2025)
Contributors:
Audry Thompson—Staff Attorney
Riley Amdor—Research Assistant
Victoria Dutterer—Research Assistant
