May 27, 2025

Agricultural Law Weekly Review—May 27, 2025

Registration Open! 2025 Pennsylvania Agricultural Law Symposium: Sept. 18, 2025

This Friday! May 30: Understanding the Basics of the Migrant and Seasonal Agricultural Worker Protection Act

Avian Influenza: Brazil Confirms HPAI in Commercial Flock, APHIS Issues Import Restrictions 🌾
On May 16, 2025, the Brazilian Ministry of Agriculture and Livestock announced (PDF) that the ministry had confirmed the presence of highly pathogenic avian influenza (HPAI) in a commercial poultry breeding facility located in the country’s southernmost state bordering Uruguay, Rio Grande do Sul. On the same day, the U.S. Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) published an import restriction for Brazil on its Animal Health Status of Regions webpage in response to the HPAI detection. Additionally, on May 23, 2025, APHIS also published an alert updating import restrictions for Canada due to HPAI, restricting imports from Manitoba and lifting restrictions in Newfoundland and Labrador.

National Agricultural Policy: USDA Publishes Federal Register Notice Terminating Seven Advisory Committees
On May 19, 2025, the U.S. Department of Agriculture (USDA) published in the Federal Register a notice (90 FR 21270) terminating seven national advisory committees: (1) Meat and Poultry Inspection , (2) Microbiological Criteria for Foods, (3) Fruit and Vegetable Industry, (4) National Wildlife Services, (5) Northwest Forest Plan Area, (6) Universal Cotton Standards, and (7) Agriculture Statistics. The notice was published consistent with USDA Secretary Memorandum 1078-002, issued February 20, 2025 in accordance with Executive Order 14217 of February 19, 2025, which identified fifteen advisory committees for termination. Additionally, the notice paused the termination of eight advisory committees identified in Memorandum 1078-002: (1) the General Conference Committee of the National Poultry Improvement Plan, (2) the Black Hills National Forest Advisory Board, and Agricultural Technical Advisory Committees for Trade in (3) Animal and Animal Products, (4) Fruits and Vegetables, (5) Grains, Feed, Oilseeds, and Planting Seeds, (6) Processed Foods, (7) Sweeteners and Sweetener Products, and (8) Tobacco, Cotton, Peanuts, and Hemp.

National Agricultural Policy: Commission to Make America Healthy Again Publishes Assessment Report
On May 22, 2025, the U.S. Department of Health and Human Services (HHS) announced (PDF) the publication of the Presidential Commission to Make America Healthy Again (MAHA) Assessment Report as required by Executive Order 14212 of February 13, 2025, which directs the Commission to “study the scope of the childhood chronic disease crisis and any potential contributing causes, including . . . diet, absorption of toxic material . . . [and] food production techniques,” among other factors. The report cites increases in childhood obesity, pre-diabetes, cancer, mental disorders, and food allergies and links these increases to “the food children are eating, the chemicals they are exposed to, the medications they are taking, and various changes to their lifestyle and behavior . . . .” The report asserts that “[t]he cumulative load of thousands of synthetic chemicals that our children are exposed to through the food they eat, the water they drink, and the air they breathe may pose risks to their long-term health, including neurodevelopmental and endocrine effects,” noting that “[m]ore than eight billion pounds of pesticides are used each year in food systems around the world, with the U.S. accounting for roughly 11%, or more than one billion pounds”; ‘[o]ver 40,000 chemicals are registered for use in the U.S.”; and “[p]esticides, microplastics, and dioxins are commonly found in the blood and urine of American children and pregnant women—some at alarming levels.” The report recommends several research initiatives, including [f]und[ing] independent studies evaluating the health impact of self affirmed [generally recognized as safe (GRAS)] food ingredients,” “fund[ing] long-term trials comparing whole-food, reduced-carb, and low-[Ultra-Processed Food] diets in children to assess effects on obesity and insulin resistance,” and “[l]aunch[ing] a national initiative to map gene–environment interactions affecting childhood disease risk, especially for pollutants, endocrine disruptors, and pharmaceuticals.” According to the announcement, “The MAHA commission now has 82 days to produce the Make Our Children Healthy Again Strategy, based on the findings from [the] assessment.”

National Agricultural Policy: USDA Announces ‘Farmers First’ Policy Agenda
On May 19, 2025, the U.S. Department of Agriculture (USDA) announced (PDF) the publication of its Farmers First policy proposal to “improv[e] the viability and longevity of small[] . . . family farms,” defined as family-owned farms with “gross cash farm income below $350,000.” According to 2023 USDA Economic Research Service data cited in the policy report, in 2023, small family farms accounted for “about 86 percent of all farms” and “operated on 41 percent of U.S. agricultural land, while producing just 17 percent of the total value of agricultural production.” The policy proposal sets forth several initiatives:

  • “Streamlining & digitizing USDA application processes,”
  • “Generating reliable access to credit,”
  • “Providing greater access to farmland: land acquisition and permitting,”
  • “Transitioning farms to the next generation,”
  • “Providing small family farms with greater access to markets and infrastructure,”
  • “Providing all family farms . . . with affordable and reliable labor,”
  • “Enhancing risk management and business planning tools,”
  • “Ensuring the definition of small farm adequately captures U.S agriculture today,” and
  • Reducing “regulatory burdens,” including revising the definition of “Waters of the United States.”

 

___________________________________________________

aglaw.psu.edu | Facebook | Twitter@AgShaleLaw | YouTube | LinkedIn

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:

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.

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:

2025 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!

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., Recent State Updates to Grain Indemnity, Emily Stone (May 20, 2025)

Agric. Law & Tax’n Blog, Tax Legislation—What Now?, Roger A. McEowen (May 18, 2025)

Univ. Md. Risk Mgmt. Educ. Blog, Ongoing Debates: Review of Legislation Before Many States, Paul Goeringer (May 20, 2025)

Ohio St. Univ. Ext. Farm Off. Blog, Employee or Independent Contractor? Department of Labor’s Latest Guidance Signals Policy Shift, Jeffrey K. Lewis (May 20, 2025)

Tex. A&M Agric. Law Blog, Texas Supreme Court Rules Surface Owner Owns Pore Space Beneath Land Absent Agreement Otherwise, Tiffany Dowell Lashmet (May 19, 2025)

Southern Ag Today, Much Needed Producer Assistance in the House Reconciliation Bill, Joe Outlaw (May 22, 2025)

Southern Ag Today, EPA Publishes Final Insecticide Strategy, Brigit Rollins (May 23, 2025)

STATE ACTIONS—EXECUTIVE & LEGISLATIVE

PENNSYLVANIA EXECUTIVE AGENCIES

(Pa. Bulletin Vol. 55, No. 21—May 24, 2025): 

Department of Environmental Protection

55 Pa.B. 3594 Notice: “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. 3688 Notice: “Bid Opportunity.”

55 Pa.B. 3688 Notice: “Federal Consistency under the Coastal Zone Management Act; United States Army Corps of Engineers 2025 Maintenance Dredging of the Delaware River Federal Navigation Channel.”

PENNSYLVANIA LEGISLATURE

SB 0763 “An Act amending the act of July 7, 1980 (P.L.380, No.97), known as the Solid Waste Management Act, in general provisions, further providing for definitions and for powers and duties of the department”

Referred to ENVIRONMENTAL RESOURCES AND ENERGY. (May 22, 2025)

FEDERAL ACTIONS—EXECUTIVE & LEGISLATIVE

U.S. ENVIRONMENTAL PROTECTION AGENCY PRESS RELEASES

EPA Announces $30 Million in Grant Funding to Strengthen Drinking Water and Wastewater Management in Rural America (May 20, 2025)

EPA Settlement with BASF Ensures they Comply with Chemical Reporting Violations in New Jersey (May 22, 2025)

Administrator Zeldin Releases Statement on Make America Healthy Again Commission Report (May 22, 2025)

U.S. DEPARTMENT OF AGRICULTURE (USDA) PRESS RELEASES

Secretary Rollins Approves State Waivers to Make America Healthy Again by Removing Unhealthy Foods from SNAP in Indiana and Iowa (May 23, 2025)

Secretary Rollins Announces Food Purchases for Communities in Need (May 23, 2025)

Secretary Rollins Applauds President Trump’s Leadership to Make America Healthy Again (May 22, 2025)

Secretary Rollins and Secretary Burgum Sign Joint Fire Memo Ahead of Peak Fire Season, Receive Fire Briefing at Forest Service Fire Desk (May 20, 2025)

Secretary Rollins Visits Nebraska, Signs Historic SNAP Waiver, Rolls Out Policy Plan to Put Farmers First (May 19, 2025)

Secretary Rollins Approves First Ever State Waiver to Restrict Soda and Energy Drinks from Food Stamps in Nebraska (May 19, 2025)

Secretary Rollins Announces Farmers First: Small Family Farms Policy Agenda (May 19, 2025)

USDA AGENCY PRESS RELEASES

Farm Service Agency

USDA Designates 6 Colorado Counties as Primary Natural Disaster Areas for Drought (May 22, 2025)

FEMA Designates Multiple Counties in Kentucky as Natural Disaster Areas Due to Severe Storms, Straight-line Winds, Tornadoes, Flooding, Landslides and Mudslides – Clermont County, Ohio is Eligible as a Contiguous County (May 21, 2025)

USDA Designates 6 Colorado Counties as Primary Natural Disaster Areas for Drought (May 20, 2025)

USDA Designates 2 South Carolina Counties as Primary Natural Disaster Areas (May 20, 2025)

USDA Designates Three Montana Counties as Primary Natural Disaster Areas for Drought (May 19, 2025)

Federal Emergency Management Agency Designates Counties in Virginia as Natural Disaster Areas due to Severe Winter Storms and Flooding with Assistance Available for Five Contiguous Counties in Tennessee (May 19, 2025)

FEMA Designates Multiple Counties in Kentucky as Natural Disaster Areas Due to Severe Storms, Straight-line Winds, Tornadoes, Flooding, Landslides and Mudslides – Harrison, Jefferson and Switzerland Counties in Indiana are Eligible as Contiguous Counties (May 19, 2025)

Foreign Agricultural Service

Celebrating World Trade Month: The Trump Administration’s Approach to Expanding Exports and Supporting Rural Prosperity (May 23, 2025)

Export Sales to the Philippines (May 19, 2025)

National Agricultural Statistics Service

USDA seeks feedback from producers about 2025 crops, stocks, inventories, and values (May 19, 2025)

National Institute of Food and Agriculture

NIFA Invests $600K in Response to Hurricane Helene Flooding (May 21, 2025)

Land-grant Universities Support U.S. Beef Production (May 19, 2025)

Natural Resource Conservation Service

NRCS helps Tribal landowners manage sustainable timber production on Afognak Island, Alaska (May 22, 2025)

Mid-May Forage Production Report and Outlook (May 19, 2025)

FEDERAL EXECUTIVE AGENCIES (Federal Register: May 18–24, 2025):

Agriculture Department

90 FR 21270 Notice: “Notice of Termination of Seven Discretionary Federal Advisory Committees” (May 19, 2025)

90 FR 21443 Notice: “Submission for OMB Review; Comment Request [National Animal Health Monitoring System; Poultry 2025 Small Enterprise Study]” (May 20, 2025)

90 FR 21736 Notice: “Submission for OMB Review; Comment Request [Cold Storage Survey]” (May 21, 2025)

Agricultural Marketing Service

90 FR 21841 Final Rule: “Tobacco Grading and Inspections Services-Rescission of Designated Tobacco Markets” (May 22, 2025)

Forest Service

90 FR 22057 Notice: “Flathead Resource Advisory Committee” (May 23, 2025)

Environmental Protection Agency

90 FR 22093 Notice: “Environmental Impact Statements; Notice of Availability” (May 23, 2025)

90 FR 22092 Notice: “Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; NESHAP for Pesticide Active Ingredient Production (Renewal)” (May 23, 2025)

90 FR 22090 Notice: “Revision of Approved State Primacy Program for the State of Hawaii” (May 23, 2025)

90 FR 21878 Proposed Rule: “Pesticide Tolerances; Implementing Registration Review Decisions for Certain Pesticides; Diphenylamine, et al” (May 22, 2025)

90 FR 21237 Final Rule: “Sulfentrazone; Pesticide Tolerances” (May 19, 2025)

U.S. HOUSE AGRICULTURE COMMITTEE: 

H.R.3584 “To authorize the Secretary of Agriculture to relocate a memorial honoring the 9 Air Force crew members who lost their lives in an airplane crash in the Cherokee and Nantahala National Forests during a training mission on August 31, 1982, and for other purposes.” Referred to the House Committee on Agriculture. (May 23, 2025)

H.R.3568 “To amend the Research Facilities Act and the Agricultural Research, Extension, and Education Reform Act of 1998 to address deferred maintenance at agricultural research facilities, and for other purposes.” Referred to the House Committee on Agriculture. (May 21, 2025)

H.R.3560 “To direct the Secretary of Veterans Affairs to carry out a pilot program to employ veterans in certain wildland firefighting activities.” Referred to the Committees on Veterans’ Affairs, Agriculture, Natural Resources, and Armed Services. (May 21, 2025)

H.R.3559 “To ensure that the Forest Service is fully staffed, and for other purposes.” Referred to the Committees on Agriculture and Natural Resources. (May 21, 2025)

H.R.3553 “To direct the Secretary of Agriculture to carry out a study with respect to the effectiveness of available wildfire mitigation methods in reducing the risk of wildfire and the severity of damages from wildfire in communities within or adjacent to shrubland ecosystems, and for other purposes” Referred to the Committees on Agriculture and Natural Resources. (May 21, 2025)

H.R.3516 “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. (May 20, 2025)

H.R.3506 “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. (May 20, 2025)

H.R.3470 “To establish in the Department of Agriculture an Office of Agritourism, and for other purposes.”

Sponsor introductory remarks on measure. (May 20, 2025)

H.R.3487 “To require the Secretary of Agriculture to designate and maintain at least 20 percent of the total number of trails in the Shawnee National Forest for trail riding by covered vehicles, and for other purposes.” Referred to the House Committee on Agriculture. (May 19, 2025)

H.R.3476 “To amend the Food Security Act of 1985 to require the Secretary of Agriculture to establish the forest conservation easement program, and for other purposes.” Referred to the House Committee on Agriculture. (May 17, 2025)

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

S.1907 “A bill to amend the Federal Insecticide, Fungicide, and Rodenticide Act to provide for a consistent definition for plant biostimulants.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (May 22, 2025)

S.1906 “A bill to amend the Federal Food, Drug, and Cosmetic Act with respect to the regulation of zootechnical animal food substances.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (May 22, 2025)

S.1905 “A bill to amend the Food and Nutrition Act of 2008 to increase the Federal cost share for supplemental nutrition assistance program administration to improve staffing and retention, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (May 22, 2025)

S.1904 “A bill to amend the Animal Health Protection Act to require certain certifications from persons provided indemnification or compensation by the Secretary of Agriculture for poultry flocks affected by the highly pathogenic avian influenza, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (May 22, 2025)

S.1876 “A bill to authorize the Secretary of Agriculture to relocate a memorial honoring the 9 Air Force crew members who lost their lives in an airplane crash in the Cherokee and Nantahala National Forests during a training mission on August 31, 1982.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (May 22, 2025)

S.1848 “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. (May 21, 2025)

S.1826 “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. (May 21, 2025)

S.1825 “A bill to amend the Research Facilities Act to address deferred maintenance at agricultural research facilities, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (May 21, 2025)

S.Res.241 “A resolution expressing support for the designation of May 2025 as ‘National Beef Month’ to recognize the important role cattle play in the United States, and to consumers.” Referred to the Committee on Agriculture, Nutrition, and Forestry. (May 21, 2025)

S.1822 “A bill to provide for a study on the consolidation of food safety agencies, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (May 20, 2025)

 

Contributors:
Audry Thompson—Staff Attorney
Riley Amdor—Research Assistant