May 13, 2025
Agricultural Law Weekly Review—May 13, 2025
Next Week! Wed. May 21, 2025, Navigating ADA Compliance for Agritourism Guests, Jackie Schweichler presents with the National Agricultural Law Center
Registration Open! 2025 Pennsylvania Agricultural Law Symposium—Thurs. Sept. 18, 2025
Pesticides/Herbicides: Pennsylvania Superior Court Upholds $175 Million Roundup Verdict Against Monsanto, Finds No FIFRA Preemption 🌾
On May 8, 2025, the Pennsylvania Superior Court issued an opinion affirming a $175 million jury verdict awarded in October 2023 in the Philadelphia County Court of Common Pleas in favor of a plaintiff claiming that Monsanto/Bayer’s glyphosate-based Roundup herbicide caused his non-Hodgkin’s lymphoma. Caranci v. Monsanto, No. 993 EDA 2024 (Pa. Super case search); No. 210602213 (Philadelphia County docket access). The court found that none of the six issues raised on appeal by Monsanto entitle the company to relief, including Monsanto’s argument that the plaintiff’s failure to warn claims are preempted by the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA)—as determined by the Third Circuit in August 2024. Noting that it is “not bound by decisions of the federal Courts of Appeals,” the Pennsylvania court reasoned, “Since a Pennsylvania failure to warn claim imposes a requirement on manufacturers of pesticides to provide a label that warns of health risks and FIFRA requires manufacturers of pesticides to include on their labels a ‘warning or caution statement that is adequate to protect health and the environment,’ the requirements are similar and the Pennsylvania failure to warn claim does not impose any requirement that is in addition to the requirements imposed by FIFRA. Thus, FIFRA does not preempt a Pennsylvania failure to warn claim.” See also ALWR—Nov. 6, 2023, “Three State Juries Award $508 Million to Roundup Plaintiffs,” ALWR—Sept. 10, 2024, “Third Circuit Finds FIFRA Preempts State Law Label Warning Requirement,” and ALWR—Apr. 15, 2025, “Monsanto Files Petition for Certiorari Seeking FIFRA Preemption in Glyphosate Cases.”
Dairy Policy: Pennsylvania Milk Board Publishes Rule Increasing Milk Dealer Licensing Fees
On May 10, 2025, the Pennsylvania Milk Board published in the Pennsylvania Bulletin a rule (55 Pa.B. 3224) “increasing the license fees for milk dealers and one group of subdealers.” According to the rule, the board, which is “self-funded, primarily by license fees,” licenses 200–205 milk dealers and 140–150 subdealers at any given time and “has not received any general fund appropriation since Fiscal Year 1996-1997.” Under the rule, “the fee for price-controlled milk will increase from $0.060 to $0.075 per hundredweight” and “the fee for non-price-controlled milk will increase from $0.0064 to $0.0071 per hundredweight.” Additionally, the rule “will impact four subdealers, increasing their quart-equivalent fee by $50 annually . . . for a combined total of $200 in license year 2025-2026 and subsequent license years.” The rule estimates that “milk dealers are projected to pay a combined total of $299,925 more in license year 2025-2026; $266,096 more in license year 2026-2027; $233,282 more in license year 2027-2028; and $201,453 more in license year 2028-2029.” The rule became effective upon publication.
Invasive Species: USDA Announces Import Suspension on Livestock from Mexico, New World Screwworm Detection
On May 11, 2025, the U.S. Department of Agriculture (USDA) announced that the agency is suspending imports of live cattle, horses, and bison “through U.S. ports of entry along the southern border due to the continued and rapid northward spread of New World Screwworm (NWS) in Mexico, effective immediately.” According to the announcement, “there has been unacceptable northward advancement of NWS,” which “has been recently detected in remote farms with minimal cattle movement as far north as Oaxaca and Veracruz, about 700 miles away from the U.S. border.” The agency states that once it is satisfied with Mexico’s “increased surveillance and eradication efforts,” USDA is “committed to opening the border for livestock trade.”
Biotechnology: Montana Passes Law Prohibiting Sale of Cultivated Meat
On May 1, 2025, Montana Governor Greg Gianforte signed into law HB 401 (PDF), which prohibits the in-state sale, advertisement, distribution, or manufacture of “cell-cultured edible products,” defined as “the concept of meat, including but not limited to muscle cells, fat cells, connective tissue, blood, and other components produced via cell culture, rather than from a whole slaughtered animal.” The law amends the state’s food misbranding statute (MCA § 50-31-203 (2019)), among other sections, which previously allowed for the sale of such “cell-cultured edible product[s] derived from meat muscle cells, fat cells, connective tissue, blood or other meat components” but deemed such products as misbranded if “not . . . labeled . . . to indicate it is derived from those cells, tissues, blood, or components.” The law becomes effective October 1, 2025.
Biotechnology: Indiana Passes Law Prohibiting Sale of Cultivated Meat Until June 2027
On May 6, 2025, Indiana Governor Mike Braun signed into law HB 1425 (PDF), which, from July 1, 2025, through June 30, 2027, prohibits the sale, advertisement, or manufacture of “cultivated meat products,” defined as products consisting of “animal protein grown in a facility from extracted animal stem cells and arranged in a similar structure as animal tissues to replicate the sensory and nutritional profiles of meat products.” The law provides that “each day a violation continues constitutes a separate offense,” punishable by a civil penalty of up to $10,000. After June 30, 2027, the law allows cultivated meat products to be sold in the state if labeled with the phrase “THIS IS AN IMITATION MEAT PRODUCT.”
Food Labeling: Oklahoma Passes Law Requiring ‘Qualifying Term’ on Cultivated Meat Labels
On May 9, 2025, Oklahoma Governor Kevin Stitt signed into law HB 1126 (PDF), which prohibits the sale or advertisement of “misbranded food”—including any “cultivated-protein” or “manufactured-protein food product” “labeled with an identifying meat term” that “is not labeled with a conspicuous and prominent qualifying term in close proximity to the identifying meat term.” Originally introduced as a prohibition on the sale, advertisement, or manufacture of cultivated meat products, the law defines “qualifying term” as a “word . . or phrase that would clearly disclose to a reasonable purchaser of meat products that a food product is not a meat product,” including the following listed terms: “cell-cultivated,” “cell-cultured,” “fake,” “grown in a lab,” “imitation,” “insect,” “insect-based,” “insect protein,” “lab-created,” “lab-grown,” “meat-free,” “meatless,” “plant,” “plant-based,” “vegan,” “vegetable,” “vegetarian,” and “veggie.” The law becomes effective November 1, 2025.
Food Labeling: Colorado Passes Law Requiring ‘Qualifying Term’ on Cultivated Meat Labels
On April 17, 2025, Colorado Governor Jared Polis signed into law HB25-1203 (PDF), which “prohibit[s] the misbranding of cell-cultivated meat as a meat product.” The law specifies that cell-cultivated meat products labeled with an “identifying meat term” are not misbranded if, “in close proximity to the . . . meat term,” they contain a “conspicuous and prominent qualifying term,” defined as a “word . . . or phrase that would clearly disclose to a reasonable purchaser . . . that a food is not a meat product,” including the following specified terms: “cell-cultivated,” “cell-cultured,” “grown in a lab,” “imitation,” “lab-created,” “lab-grown,” “meat free,” and “meatless.” The act becomes effective ninety days after adjournment of the state’s general assembly but is subject to a referendum vote in the November 2026 election if a referendum petition is filed within the ninety-day period.
Food Labeling: FDA Extends Comment Period for Front of Package Labeling Rule Until July 15, 2025
On May 9, 2025, the U.S. Food and Drug Administration (FDA) published in the Federal Register a 60-day comment period extension (90 FR 19664) for the agency’s January 2025 Front-of-Package Nutrition Labeling proposed rule. FDA states that it is “taking th[e] action in response to requests . . . to allow interested parties additional time to submit comments.” The proposed rule is now available for comment until July 15, 2025 (FDA-2024-N-2910). See also ALWR—Jan. 21, 2025, “FDA Proposes New Rule to Require Front-of-Package Nutrition Labels.”
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Pennsylvania Farm Employers’ Listserv: a human resources networking and resource-sharing group exclusively for agricultural operations. To subscribe, send an email to pfel-subscribe-request@lists.psu.edu with “subscribe” in the subject line and any word in the body (to avoid spam filtering).
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:
- May 30, 2025, Understanding the Basics of the Migrant and Seasonal Agricultural Worker Protection Act
- June 27, 2025, Understanding Pennsylvania’s Clean & Green Program: County-Level Administration
- July 25, 2025, Understanding the Basics of ADA Compliance for Agritourism Operations
- August 22, 2025, Understanding the Basics of Foreign Agricultural Land Ownership Laws
National Agricultural Law Center Partner Webinars. Usually held on the third Wednesday of the month, these webinars are freely available to the general public and are typically designed to be appropriate for both attorneys and non-attorneys.
- May 21, 2025, Navigating ADA Compliance for Agritourism Guests, Jackie Schweichler
- June 18, 2025, An Overview of State Grain Dealer Statutes in the United States, Ross Pifer
Quarterly Dairy Legal Webinar Series. A free quarterly Zoom webinar series covering dairy industry legal and regulatory developments with an in-depth focus topic. One hour of substantive CLE credit available for Pennsylvania-licensed attorneys at no charge. All events on Tuesdays, noon–1 pm (ET). Upcoming:
- July 15, 2025, July 2025 Quarterly Dairy Legal Webinar
2025 Pennsylvania Agricultural Law Symposium. In-person at Penn State Dickinson Law, Lewis Katz Building, University Park, Pa. This day-long symposium will offer 6 CLE credits to Pennsylvania-licensed attorneys. More information & registration coming soon at link above!
- September 18, 2025—REGISTRATION AVAILABLE
Podcasts
Farmland Legal Energy Podcast
The Inflation Reduction Act and Agriculture
An Introduction to Foreign Ownership of Agricultural Land
Resources of Interest:
Nat’l Agric. Law Ctr., FDA Announces Plan to ‘Phase Out’ Synthetic Dyes, Emily Stone (May 6, 2025)
Tex. A&M Agric. Law Blog, Federal Court Upholds Constitutionality of Iowa Law Aimed to Prevent Recording While Trespassing, Tiffany Dowell Lashmet (May 5, 2025)
Ohio St. Univ. Ext. Farm Off. Blog, Dead Canadians, Fake Lawyers, and Real Insurance Advice, Robert Moore (May 8, 2025)
Agric. Law & Tax’n Blog, Resolving Land Disputes with the U.S. Forest Service, Roger A. McEowen (May 4, 2025)
Southern Ag Today, Defining Harm. Proposed Changes for the Endangered Species Act, Jennifer Friedel (May 9, 2025)
Univ. Md. Risk Mgmt. Educ. Blog, Understanding Agricultural Liability: General Liability Insurance, Serena Newton (May 6, 2025)
STATE ACTIONS—EXECUTIVE & LEGISLATIVE
PENNSYLVANIA DEPARTMENT OF AGRICULTURE PRESS RELEASES
ICYMI: Shapiro Administration Stands Up for PA Farmers, Food Banks, and Families in Need (May 5, 2025)
PENNSYLVANIA EXECUTIVE AGENCIES
(Pa. Bulletin Vol. 55, No. 19—May 10, 2025)
Milk Board
55 Pa.B. 3224 Rules and Regulations: “Milk Marketing Fees”
Department of Environmental Protection
55 Pa.B. 3246 Applications: “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”
55 Pa.B. 3321 Notice: “Availability of the Non-Regulatory Agenda”
55 Pa.B. 3321 Bid Opportunity: “EC-10-90338-25, Storage Tank Removal Project, Gehm’s Little Village, Clearfield Township, Butler County.”
55 Pa.B. 3321 Bid Opportunity: “OSM 03(4902)102.1, Abandoned Mine Reclamation Project, Forks Church North, Gilpin Township, Armstrong County.”
55 Pa.B. 3322 Bid Opportunity: “OSM 03(6079)102.1, Abandoned Mine Reclamation Project, Greendale North, Valley Township, Armstrong County.”
55 Pa.B. 3322 Notice: “Proposed State Implementation Plan Revision; Redesignation Request and Maintenance Plan for the Warren, PA Nonattainment Area for the 2010 Sulfur Dioxide National Ambient Air Quality Standard; Public Hearing”
55 Pa.B. 3322 Notice: “Public Water System Technical Assistance Center Board; Meeting Rescheduled”
55 Pa.B. 3323 Notice: “Suspension of Enforcement of the Pennsylvania Heavy-Duty Diesel Emissions Control Program”
PENNSYLVANIA LEGISLATURE
SB 481 “An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, in size, weight and load, providing for milk hauling during inclement weather and emergency declaration and further providing for permit for movement during course of manufacture.” Referred to Transportation (May 8, 2025)
HB 492 “An Act amending The Fiscal Code (P.L.343, No.176), in fiscal supplements to statutory programs, repealing provisions relating to regulation of rodeos or rodeo-related events.” Laid on the table (May 7, 2025)
FEDERAL ACTIONS—EXECUTIVE & LEGISLATIVE
U.S. ENVIRONMENTAL PROTECTION AGENCY
EPA Reaches Settlement with the Scranton, Pennsylvania, School District for Alleged Asbestos-Related Violations (May 6, 2025)
EPA Completes Cost Recovery for Cleanup Work Done at U.S. Technology Superfund Site in Berger, Missouri (May 5, 2025)
U.S DEPARTMENT OF AGRICULTURE (USDA) PRESS RELEASES
Secretary Rollins Suspends Live Animal Imports Through Ports of Entry Along Southern Border, Effective Immediately (May 11, 2025)
Secretary Rollins Hosts Farmers First Roundtable, Announces Expedited Disaster Aid (May 7, 2025)
Secretary Rollins Requires States to Provide Records on SNAP Benefits, Ensure Lawful Use of Federal Funds (May 6, 2025)
USDA Announces Approval of D-SNAP for Kentucky Disaster Areas (May 6, 2025)
USDA Acts to Boost Timber Production, Reduce Wildfire Risk (May 6, 2025)
USDA AGENCY PRESS RELEASES
Farm Service Agency
USDA Designates Three Texas Counties as Primary Natural Disaster Areas for Drought (May 7, 2025)
USDA Designates Three South Dakota Counties as Natural Disaster Areas (May 6, 2025)
USDA to Issue $1.3 Billion to Specialty Crop Producers Through Second Marketing Assistance Program Payment (May 5, 2025)
Food and Nutrition Service
Secretary Rollins Requires States to Provide Records on SNAP Benefits, Ensure Lawful Use of Federal Funds (May 6, 2025)
USDA Announces Approval of D-SNAP for Kentucky Disaster Areas (May 6, 2026)
Natural Resources Conservation Service
Early-May Forage Production Update and Prediction (May 8, 2025)
Montana Snowpack is Near to Below Normal as the Season Shifts to Spring (May 7, 2025)
May 1st Outlook: Early Melt, Below Normal Snowpack, Low Runoff and Mixed Reservoir Conditions (May 7, 2025)
NRCS Texas to hold State Technical Committee Meeting (May 5, 2025)
Financial assistance available for the Wallowa North-Alder Slope Renewal Project (May 5, 2025)
USDA Inspector General
IIJA – Legacy Road and Trail Remediation Program Capping Report on Implementation by Regions 3 and 6 (May 5, 2025)
FEDERAL EXECUTIVE AGENCIES (Federal Register: May 4–10, 2025):
Agricultural Marketing Service
90 FR 19463 Notice: “Grain Inspection Advisory Committee Meeting” (May 8, 2025)
90 FR 19247 Final Rule—Correction: “Reauthorization of Dairy Forward Pricing Program: Correction” (May 7, 2025)
Forest Service
90 FR 19166 Notice of Meeting: “Fresno and Madera Resource Advisory Committee” (May 6, 2025)
90 FR 19166 Notice of Meeting: “Black Hills National Forest Advisory Board” (May 6, 2025)
Environmental Protection Agency
90 FR 19712 Notice—Comment Period: “Agency Information Collection Activities; Proposed Renewal Collection and Request for Comment; Pesticide Data Call-Ins (DCIs) (EPA ICR No. 2288.07; OMB Control No. 2070-0174)” (May 9, 2025)
U.S. HOUSE AGRICULTURE COMMITTEE
H.R.3293 “To amend the Food Security Act of 1985 to increase payments for drought-resilient or water-saving practices and to provide additional payments for perennial production systems, and for other purposes.” Referred to the House Committee on Agriculture. (May 8, 20250
H.R.3283 “To amend the Federal Crop Insurance Act to provide premium support for certain plans of crop insurance, and for other purposes.” Referred to the House Committee on Agriculture. (May 8, 2025)
H.R.3281 “To prohibit the reduction, elimination, or suspension of funding for land-grant colleges and universities.” Referred to the Committee on Agriculture and the Committee on Education and Workforce. (May 8, 2025)
H.R.3280 “To increase access to broadband telecommunications services in rural areas, to increase minimum broadband speeds in rural areas, and to provide grants, loans, and loan guarantees to finance the costs of the construction, improvement, and acquisition of facilities and equipment for broadband service in rural areas, and other purposes.” Referred to the Committee on Agriculture and the Committee on Energy and Commerce. (May 8, 2025)
H.R.3272 “To require the designation of composting as a conservation practice and activity, and to provide grants and loan guarantees for composting facilities and programs, and for other purposes.” Referred to the House Committee on Agriculture. (May 8, 2025)
H.R.3254 “To amend the Food, Agriculture, Conservation, and Trade Act of 1990 with respect to emergency assistance for farm workers, and for other purposes.” Referred to the House Committee on Agriculture. (May 7, 2025)
H.R.3253 “To amend the Farm Security and Rural Investment Act of 2002 to improve biorefinery, renewable chemical, and biobased product manufacturing assistance, and for other purposes.” Referred to the House Committee on Agriculture. (May 7, 2025)
H.R.3246 “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. (May 7, 2025)
H.R.3212 “To amend the Rural Electrification Act of 1936 to establish a last acre program, and for other purposes.” Referred to the Committee on Agriculture and the Committee on Energy and Commerce. (May 6, 2025)
H.R.3211 “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. (May 6, 2025)
U.S. SENATE COMMITTEE ON AGRICULTURE, NUTRITION, AND FORESTRY
S.1693 “A bill to amend the Federal Crop Insurance Act to provide premium support for certain plans of insurance, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (May 8, 2025)
S.1681 “A bill to establish the Shenandoah Mountain National Scenic Area in the State of Virginia, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (May 8, 2025)
S.1680 “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. (May 8, 2025)
S.1669 “A bill to improve drought-related disaster assistance programs of the Department of Agriculture, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (May 7, 2025)
S.1662 “A bill to amend the Omnibus Public Land Management Act of 2009 to reauthorize the Collaborative Forest Landscape Restoration Program, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (May 7, 2025)
S.1661 “A bill to amend the Food, Agriculture, Conservation, and Trade Act of 1990 with respect to emergency assistance for farmworkers, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (May 7, 2025)
S.1636 “A bill to direct the Secretary of Agriculture to establish oversight mediation committees to help resolve property boundary disputes regarding National Forest System land, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (May 7, 2025)
S.1628 “A bill 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, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (May 6, 2025)
S.1622 “A bill to amend the Richard B. Russell National School Lunch Act to expand the summer electronic benefits transfer for children program to include benefit transfer during school closures, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (May 6, 2025)
S.1618 “A bill to amend the Consolidated Farm and Rural Development Act to make precision agriculture practices and technologies eligible under the conservation loan and loan guarantee program.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (May 6, 2025)
S.1617 “A bill to amend the Rural Electrification Act of 1936 to establish a last acre program, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (May 6, 2025)
S.1616 “A bill to amend the Consolidated Farm and Rural Development Act and the Food Security Act of 1985 to leverage incentives for the adoption of precision agriculture practices and technology, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (May 6, 2025)
S.1462 “Fix Our Forests Act” Committee on Agriculture, Nutrition, and Forestry. Hearings held. (May 6, 2025)
Agriculture-Related Legislative Hearings & Reports
House Agriculture Committee: “Committee print to comply with reconciliation directives included in H. Con. Res. 14 Section 2001(b)(1)” (May 13, 2025, 7:30 PM)
Senate Agriculture, Nutrition, and Forestry Committee: “Hearings to examine perspectives from the field, focusing on conservation.” (May 13, 2025, 3:00 PM)
Contributors:
Audry Thompson—Staff Attorney
Victoria Dutterer—Research Assistant
