May 30, 2023

Agricultural Law Weekly Review—May 29, 2023

Water Quality:  U.S. Supreme Court Provides Definitive Clarity to Definition of Waters of the United States (WOTUS) 🌾
On May 25, 2023, the U.S. Supreme Court issued a decision in the case of Sackett v. EPA, et al., No. 21-454, reversing and remanding the decision of the Ninth Circuit Court of Appeals and stating, “[W]e hold that the [Clean Water Act] extends to only those “wetlands with a continuous surface connection to bodies that are ‘waters of the United States’ in their own right,” so that they are “indistinguishable” from those waters,” citing its own earlier plurality decision in Rapanos v. United States.

Agricultural Finance: Federal Court Dismisses Suit Challenging Repeal of Socially Disadvantaged Farmer Debt Relief Program
On April 27, 2023, the U.S. Court of Federal Claims issued an Opinion and Order dismissing the breach of contract suit filed by putative recipients of the repealed socially disadvantaged farmer debt relief program, formerly in Sections 1005–1006 of the American Rescue Plan Act (ARPA). Boyd v. United States, No. 1:22-cv-01473. The relevant program was repealed in the Inflation Reduction Act of 2022 and replaced by provisions the U.S. Department of Agriculture (USDA) has titled “Inflation Reduction Act Assistance for Distressed Borrowers.” For background see ALWR—Oct. 14, 2022, “Socially Disadvantaged Farmers Allege Breach of Contract for Repeal of American Rescue Plan Act Debt Relief Program.”

Water Quality: EPA Appeals WOTUS Rule Injunction Applicable in Texas, Idaho
On May 17, 2023, The U.S. Environmental Protection Agency (EPA) appealed to the U.S. Court of Appeals for the Fifth Circuit seeking reversal of a Texas federal district court’s March 19, 2023 preliminary injunction against enforcement of the EPA’s January 2023 final WOTUS rule in Texas and Idaho. To date, EPA has not filed an appeal from the Apr. 12, 2023, preliminary injunction granted by a North Dakota federal district court applicable in 24 other states. For background, see ALWR—Mar. 27, 2023 “U.S. District Court Orders Injunctions Against WOTUS Final Rule in Texas and Idaho” and ALWR—Apr. 17, 2023 “North Dakota Federal Court Enjoins WOTUS Final Rule in 24 States.”

Water Quality: U.S. Supreme Court Declines Review of Clean Water Act Citizen Suit Standard
On May 15, 2023, the U.S. Supreme Court denied a petition for writ of certiorari, filed by Dakota Finance (dba Arabella Farms) seeking clarification on the analysis to be applied in citizen suits to enforce Clean Water Act obligations when a state agency has commenced enforcement under a comparable state law. For more information, see ALWR—April 3, 2023, “U.S. Supreme Court Asked to Hear Appeal Interpreting Citizen Suit Authority Under Clean Water Act.”

Antitrust: DOJ Files $5.8 Million Settlement with George’s Foods in Poultry Wage Fixing Conspiracy
On May 17, 2023, the U.S. Department of Justice (DOJ) filed an amended complaint in the U.S. District Court for the District of Maryland adding George’s, Inc. and George’s Foods, LLC to a lawsuit initially filed against Cargill Inc., Cargill Meat Solutions Corporation, Sanderson Farms Inc., and Wayne Farms LLC alleging that the companies conspired to suppress worker pay. United States v. Cargill Meat Solutions Corporation, No. 1:22-cv-01821. The same day, DOJ also filed a notice containing a stipulation and order, approved by the court, along with a competitive impact statement and proposed final judgment settling the charges against George’s. Also announced by the DOJ, the proposed settlement requires George’s to pay $5.8 million to compensate underpaid poultry workers. For background, see ALWR—July 29, 2022, “Justice Department Files Complaint and Proposed Consent Decrees in Poultry Plant Worker and Contract Grower Compensation Conspiracy.” 

Animal Health: USDA Announces South Carolina Detection of Atypical BSE in Tennessee Cow
On May 19, 2023, the U.S. Department of Agriculture (USDA) announced the detection of a case of atypical Bovine Spongiform Encephalopathy (atypical BSE, commonly referred to as “mad cow disease”) in a beef cow from Tennessee during routine surveillance of cattle “deemed unsuitable for slaughter” at a South Carolina processing plant. According to USDA, of the seven historical detections of BSE in the United States, six have been atypical BSE, which “generally occurs in older cattle and seems to arise rarely and spontaneously in all cattle populations.”  Under World Organization for Animal Health (WOAH) guidelines, atypical BSE cases do not impact a country’s official risk status for BSE. USDA stated that this detection “will not change the negligible risk status of the United States, and should not lead to any trade issues.”

Food Labeling: FDA Publishes Draft Food Allergen Labeling and Cross-Contact Compliance Policy Guide
On May 16, 2023, the U.S. Food and Drug Administration (FDA) published a notice in the Federal Register announcing the availability for public comment of its draft Sec. 555.250 Major Food Allergen Labeling and Cross-Contact Compliance Policy Guide. In an accompanying Constituent Update, FDA noted that, in response to sesame’s listing as a major food allergen, some manufacturers have been intentionally adding and listing it as an ingredient to avoid the costs of treating sesame as a major allergen. As a result, FDA announced that the draft guide clarifies the agency’s cross-contamination and food allergen labeling enforcement policies and will replace the existing 2005 guide once finalized. Public comment closes July 17, 2023.

Disaster Assistance Programs: USDA Offers Disaster Relief for Agricultural Producers
On May 19, 2023, the U.S. Department of Agriculture (USDA) announced early information on $3.7 billion in assistance under the Emergency Relief Program (ERP) and Emergency Livestock Relief Program (ELRP). The programs are intended to provide relief for agricultural producers affected by a qualifying natural disaster in 2022. The current ERP Phase 2 enrollment period for 2020 and 2021 losses closes June 2, 2023. USDA has announced details about the 2022 relief plan early to allow producers to assemble needed documentation. According to the announcement, USDA will finish distributing 2021 ELRP “payments in the amount of 20% of the initial ELRP payment to all existing recipients.”

Dairy Policy: USDA Announces $104 Million in Organic Dairy Marketing Assistance Program
On May 19, 2023, the U.S. Department of Agriculture (USDA) announced $104 million in aid for organic dairy producers under the new Organic Dairy Marketing Assistance Program (ODMAP). According to the announcement, the program was created “to help mitigate market volatility, higher input and transportation costs, and unstable feed supply and prices that have created unique hardships in the organic dairy industry.” ODMAP will provide aid for a producer’s projected 2023 marketing costs using their 2022 market costs. Producers of organic cow, sheep, and goat milk are eligible to apply from May 24 until July 24, 2023. To complete an application, producers must confirm their 2022 pounds of milk production and provide a copy of their organic certification.

Animal Welfare: Animal Welfare Institute Petitions USDA for Video Recording of CO2 Swine Slaughter
On May 16, 2023, the Animal Welfare Institute (AWI) petitioned the U.S. Department of Agriculture’s (USDA) Food Safety and Inspection Service (FSIS) to require the use of video cameras during CO2 slaughter of swine. According to the petition, pigs typically do not fall unconscious instantly after a CO2 stunning and thus “may experience negative affective states.” While other countries require video recording inside gondolas, the setting for CO2 slaughter, the settled practice in the United States is not to record inside the gondola. The AWI expects that introducing cameras in gondolas will encourage slaughter facilities to uphold the minimum regulatory standards under the Federal Meat Inspection Act (FMIA) and Humane Methods of Slaughter Act (HMSA).

Pesticides/Herbicides: California Report Finds 97% of State Produce Meets or Exceeds Federal Tolerances
On May 18, 2023, the California Department of Pesticide Regulation announced the publication of the 2021 California Pesticide Residue Monitoring Program Report, based on data from 3,444 samples from 500 locations. According to the report, “97% of domestically grown and imported produce samples collected in 2021 had either no detectable pesticide residues or had residues within the allowable federally-established tolerances” and 98% of California-grown produce also met the same criteria.

Conservation Programs: Truterra Announces $5.1 Million in 2022 Carbon Program Payments
On May 17, 2023, Land O’Lakes, Inc.-backed sustainability company Truterra announced that the company had paid more than $5.1 million to producers through its carbon contract program for 2022. According to the announcement, for 2021 and 2022, Truterra has paid producers more than $9 million for eliminating 462,000 tons of atmospheric carbon emissions. See also, ALWR—Feb. 6, 2023, “Truterra Launches Revised 2023 Carbon Programs” and ALWR—Sept. 2, 2022, “Land O’Lakes-Backed Truterra Announces Payments and Warranty Program for First-Time Regenerative Practices.”

Technology: American Farm Bureau Signs Right to Repair MOUs with AGCO and Kubota
On May 22, 2023, the American Farm Bureau Federation (AFBF) announced the execution of more “right to repair” memoranda of understanding (MOU) with AGCO and Kubota, in addition to its current “right to repair” MOUs with John Deere and CNH Industrial Brands. According to the announcement, the MOUs provide “a framework for farmers and independent repair facilities . . . to access AGCO and Kubota manuals, tools, product guides and information to self-diagnose and self-repair machines, as well as support from the manufacturers to directly purchase or lease diagnostic tools and order products and parts.” According to AFBF, “the four MOUs cover roughly 70% of the agricultural machinery sold in the United States.”

National Agricultural Policy: Tennessee, Florida, and Montana Pass Laws Prohibiting Foreign Land Ownership
On May 11, 2023, the Governor of Tennessee signed into law HB 0040, which “prohibits certain foreign ownership of real property” within the state. Additionally, on May 8, 2023, the Governor of Florida approved CS/CS/SB 264 and on May 4, 2023, the Governor of Montana approved SB 203, which both also restrict foreign ownership of in-state land. For more information, see Statutes Regulating Ownership of Agricultural Land, compiled by the National Agricultural Law Center.

 

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CENTER PROGRAMS & RESOURCES

Events:

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.

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. Upcoming:

  • June 23, 2023, noon–1 pm (ET). Understanding the Basics of the Farm Credit System. Register.

Multi-District Antitrust Litigation in the Protein Sectors (Poultry, Pork and Beef), recorded May 17, 2023.

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. Recent in the series:

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

Resources of Interest:

Legislative Hearings/Meetings/Reports:

U.S. Sen. Ag. Committee:

U.S. House Ag. Committee Hearings:

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 Previews Emergency Relief Assistance for Agricultural Producers Who Incurred Losses Due to 2022 Natural Disaster Events (May 19, 2023)

Biden-Harris Administration Announces Availability of $500 Million for Improved Regional Conservation Partnership Program to Better Support Partners, Producers as Part of Investing in America Agenda (May 19, 2023)

USDA Funds 36 Projects Aimed at Connecting Families to WIC through Partnership with FRAC as part of Investing in America Agenda (May 18, 2023)

Biden-Harris Administration Makes Historic, $11 Billion Investment to Advance Clean Energy Across Rural America Through Investing in America Agenda (May 16, 2023)

USDA Seeks Members for Federal Advisory Committee for Urban Agriculture and Innovative Production (May 15, 2023)

ENVIRONMENTAL PROTECTION AGENCY (EPA) PRESS RELEASES

EPA Announces Completion of Groundwater Treatment Plant at Chem Fab Superfund Site in Doylestown, Pennsylvania (May 19, 2023)

EPA selects recipients for $25.7 million in technical assistance funding to help rural communities access clean water (May 18, 2023)

EPA Region 7, Iowa State University, and University of Iowa Announce Anaerobic Digestion on the Farm Conference (May 18, 2023)

EPA Expands Public Comment Opportunities for Draft Determination to Protect Cape Cod’s Sole Source of Drinking Water (May 17, 2023)

EPA ISSUES SAFE DRINKING WATER ACT ORDER TO CITY OF BALTIMORE (May 17, 2023)

EPA Announces $128 million WIFIA loan to Improve Drinking Water Reliability in Drought-prone Santa Cruz, California (May 16, 2023)

EPA and State of New Jersey Propose Settlement with Bank of America for Monmouth County, NJ Superfund Site Cleanup (May 15, 2023)

EPA Issues Administrative Order Requiring Town of Epping Take Corrective Actions to Eliminate Discharge of Untreated Wastewater into Lamprey River (May 15, 2023)

USDA AGENCY PRESS RELEASES:

Agricultural Research Service (ARS)

A Purrr-fect Use for Soy Waste? (May 15, 2023)

Timing Matters When Reducing Fusarium Head Blight in Winter Barley (May 15, 2023)

Animal and Plant Health Inspection Service (APHIS)

USDA Announces Atypical Bovine Spongiform Encephalopathy Detection (May 19, 2023)

USDA Takes Action to Help Protect Endangered California Condors From Highly Pathogenic Avian Influenza (May 16, 2023)

Farm Service Agency (FSA)

USDA Offers Assistance to Help Organic Dairy Producers Cover Increased Costs (May 19, 2023)

USDA Previews Emergency Relief Assistance for Agricultural Producers Who Incurred Losses Due to 2022 Natural Disaster Events (May 19, 2023)

National Institute of Food and Agriculture (NIFA)

On World Bee Day, Celebrate NIFA-Funded Native American Pollinator Projects (May 19, 2023)

Land-grant Universities Support the ‘Queen of Forages’ (May 17, 2023)

Animal Health and Production and Animal Products: Animal Breeding, Genetics, and Genomics (AFRI A1201) (May 16, 2023)

Understanding and Addressing the Stress Faced by the Nation’s Farmers and Ranchers (May 15, 2023)

FEDERAL EXECUTIVE AGENCIES (Federal Register May 15–19, 2023):            

Agency for Toxic Substances and Disease Registry

88 FR 30975 Notice: “National Center for State, Tribal, Local, and Territorial Public Health Infrastructure and Workforce, CDC and ATSDR Tribal Consultation Session” (May 15, 2023).

Agriculture

88 FR 32176 Notice of public meeting: “Meeting Notice of the National Agricultural Research, Extension, Education, and Economics Advisory Board” (May 19, 2023).

88 FR 31773 Notice: “Adoption of Energy Efficiency Standards for New Construction of HUD- and USDA-Financed Housing: Preliminary Determination and Solicitation of Comment” (May 18, 2023).

88 FR 30943 Notice: “Submission for OMB Review; Comment Request” (May 15, 2023).

Animal and Plant Health Inspection Service

88 FR 31478 Extension of approval of an information collection: “Notice of Request for Extension of Approval of an Information Collection; Volunteer Service Agreements and Volunteer Service Time and Attendance Record” (May 17, 2023).

88 FR 31478 Notice of availability: “Importation of Fresh Pumpkin, Squash, and the Hybrid Tetsukabuto from Brazil into the Continental United States” (May 17, 2023).

Environmental Protection Agency

88 FR 32133 Final Rule: “Benzyl Alcohol; Exemption from the Requirement of a Tolerance” (May 19, 2023).

88 FR 32125 Final Rule: “Various Fragrance Components in Pesticide Formulations; Tolerance Exemption” (May 19, 2023).

88 FR 31625 Final Rule: “D-Glucopyranose, oligomeric, maleates, decyl octyl glycosides, sulfonated, potassium salts; D-glucopyranose, oligomeric, maleates, C10-16-alkyl glycosides, sulfonated, potassium salts; and D-glucopyranose, oligomeric, maleates, C9-11-branched and linear alkyl glycosides, sulfonated, potassium salts; Exemptions from the Requirement of a Tolerance” (May 18, 2023).

88 FR 31629 Final Rule: “Erucamide in Pesticide Formulations; Tolerance Exemption” (May 18, 2023).

88 FR 31667 Notice of filing of petition and request for comment: “Receipt of a Pesticide Petition Filed for Residues of Pesticide Chemicals in or on Various Commodities (April 2023)” (May 18, 2023).

88 FR 31476 Final Rule: “Spiropidion; Pesticide Tolerances; Technical Correction” (May 17, 2023).

88 FR 30917 Proposed rule: “National Emission Standards for Hazardous Air Pollutants: Taconite Iron Ore Processing Amendments” (May 15, 2023).

88 FR 30967 Notice: “Notice of Proposed Administrative Settlement Agreement for Recovery of Response Costs at the Omega Chemical Corporation Superfund Site in Los Angeles County, California” (May 15, 2023).

88 FR 30966 Notice: “Release of Volume 3 of the Integrated Review Plan in the Review of the Lead National Ambient Air Quality Standards” (May 15, 2023).

Fish and Wildlife Service

88 FR 31813 Notice: “Notice of Intent to Prepare a Supplemental Environmental Impact Statement for a Potential Land Exchange Involving Izembek National Wildlife Refuge Lands” (May 18, 2023).

88 FR 31270 Notice: “Office of Management and Budget; Implementing Regulations for Petitions” (May 16, 2023).

88 FR 31000 Notice: “U.S. Fish and Wildlife Service Mitigation Policy and Endangered Species Act Compensatory Mitigation Policy” (May 15, 2023).

Food and Drug Administration

88 FR 32104 Final Rule: “Requirements for Additional Traceability Records for Certain Foods: What You Need to Know About the Food and Drug Administration Regulation: Guidance for Industry; Small Entity Compliance Guide; Availability” (May 19, 2023).

88 FR 31608 Final Rule: “International Dairy Foods Association: Response to the Objections and Requests for a Public Hearing on the Final Rule to Revoke the Standards for Lowfat Yogurt and Nonfat Yogurt and Amend the Standard for Yogurt; Correction” (May 18, 2023)

88 FR 31508 Notice: “Cheese Products Deviating from Identity Standard; Temporary Permit for Market Testing” (May 17, 2023).

88 FR 31507 Notice: “Compliance Policy Guide Sec. 555.250 Major Food Allergen Labeling and Cross-Contact; Availability” (May 17, 2023).

88 FR 31479 Notice: Information Collection; Wood Innovations Funding Opportunity Program (CFDA 10.674)

Food and Nutrition Service

88 FR 32176 Notice: “Agency Information Collection Activities: Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) Program and WIC Farmers’ Market Nutrition Program (FMNP) Waivers” (May 19, 2023).

Forest Services

88 FR 31479 Notice: Information Collection; Wood Innovations Funding Opportunity Program (CFDA 10.674)” (May 17, 2023).

Foreign Agriculture Service

88 FR 30943 Notice and request for comments: “Notice of Request for a Revision of a Currently Approved Information Collection” (May 15, 2023).

Land Management Bureau

88 FR 31001 Notice of proposed withdrawal: “Notice of Proposed Withdrawal and Public Meeting, Utah” (May 15, 2023).

National Park Service

88 FR 31272 Notice: “Agency Information Collection Activities; Gathering of Certain Plants or Plant Parts by Federally Recognized Indian Tribes for Traditional Purposes” (May 16, 2023)

88 FR 31276 Notice: “Agency Information Collection Activities; NPS Institutional Animal Care and Use Committee (IACUC) General Submission, Exhibitor, Annual Review, and Amendment Forms” (May 16, 2023).

Natural Resources Conservation Service

88 FR 30945 Notice: “Urban Agriculture and Innovative Production Advisory Committee” (May 15, 2023).

Rural Utilities Service

88 FR 31218 Notice: “Notice of Funding Opportunity for the Empowering Rural America (New ERA) Program” (May 16, 2023).

88 FR 31232 Notice: “Notice of Funding Opportunity for the Powering Affordable Clean Energy (PACE) Program” (May 16, 2023).

U.S. HOUSE AGRICULTURE COMMITTEE:

H.R.3543 “To amend the Agriculture Improvement Act of 2018 with respect to micro-grants for food security.” (May 18, 2023).

H.R.3542 “To amend the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to eliminate the prohibition on indirect costs with respect to aquaculture assistance, and for other purposes.” (May 18, 2023).

H.R.3522 “To amend the Healthy Forests Restoration Act of 2003 to establish emergency fireshed management areas, and for other purposes.” (May 18, 2023).

H.R.3519 “To amend the Food and Nutrition Act of 2008 to permit supplemental nutrition assistance program benefits to be used to purchase additional types of food items.” (May 18, 2023).

H.R.3512 “To amend the Agricultural Act of 2014 with respect to the Acer access and development program, and for other purposes.” (May 18, 2023).

H.R.3500 “To expedite completion of the Mountain Valley Pipeline, and for other purposes.” (May 18, 2023).

H.R.3499 “To amend title 5, United States Code, to provide direct hire authority to appoint individuals to Federal wildland firefighting and firefighting support positions in the Forest Service or the Department of the Interior, and for other purposes.” (May 18, 2023).

H.R.3479 “To amend the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 to allow individuals with drug offenses to receive benefits under the supplemental nutrition assistance program, and for other purposes.” (May 18, 2023).

H.R.3478 “To amend the Federal Crop Insurance Act to establish a Good Steward Cover Crop program, and for other purposes.” (May 18, 2023).

H.R.3475 “To amend the Agriculture Improvement Act of 2018 to prohibit the slaughter of equines for human consumption.” (May 18, 2023).

H.R.3474 “To amend the Food and Nutrition Act of 2008 to streamline nutrition access for older adults and adults with disabilities, and for other purposes.” (May 18, 2023).

H.R.3439 “To direct the Secretary of Agriculture to select and implement landscape-scale forest restoration projects, to assist communities in increasing their resilience to wildfire, and for other purposes.” (May 17, 2023).

H.R.3425 “To amend the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to authorize capacity building grants for community college agriculture and natural resources programs.” (May 17, 2023).

H.R.3424 “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.” (May 17, 2023).

H.R.3423 “To amend the Agricultural Trade Act of 1978 to preserve foreign markets for goods using common names, and for other purposes. (May 17, 2023).

H.R.3419 “To amend the Animal Health Protection Act to reauthorize the animal disease prevention and management programs.” (May 17, 2023).

H.R.3396 “To require the standardization of reciprocal fire suppression cost share agreements, and for other purposes.” (May 17, 2023).

H.R.3299 “To require the Department of Interior and the Department of Agriculture to establish online portals to accept, process, and dispose of certain Form 299s, and for other purposes.” (May 17, 2023).

H.R.3389 “To require the Secretary of Agriculture, acting through the Chief of the Forest Service, and the Secretary of the Interior to conduct an evaluation with respect to the use of the container aerial firefighting system (CAFFS), and for other purposes. (May 16, 2023).

H.R.3357 “To prohibit the purchase or lease of agricultural land in the United States by persons associated with certain foreign governments, and for other purposes.” (May 16, 2023).

H.R.3307  “To facilitate the expansion of broadband service to rural and Tribal communities through improved permitting efficiency, and for other purposes.” (May 15, 2023).

H.R.3306 “To facilitate Federal broadband permit coordination, and for other purposes.” (May 15, 2023).

H.R.3294 “To direct the Secretary of the Interior and the Secretary of Agriculture to develop a plan for providing the staffing necessary to ensure timely review of communications use authorizations, and for other purposes.” (May 15, 2023).

H.R.3293 “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.” (May 15, 20203).

H.R.3283  “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.” (May 15, 2023).

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

S.1753 “A bill to amend the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 to allow individuals with drug offenses to receive benefits under the supplemental nutrition assistance program, and for other purposes.” (May 18, 2023).

S.1743 “A bill to amend the Forest and Rangeland Renewable Resources Research Act of 1978 to modify the forest inventory and analysis program.” (May 18, 2023).

S.1740 “A bill to amend the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to authorize capacity building grants for community college agriculture and natural resources programs.” (May 18, 2023).

S.1736 “A bill to amend the Food, Conservation, and Energy Act of 2008 to reauthorize the Farm and Ranch Stress Assistance Network.” (May 18, 2023).

S.1735 “A bill to amend the Farm Security and Rural Investment Act of 2002 to improve assistance to community wood facilities, and for other purposes.” (May 18, 2023).

S.1726 “A bill to amend the Agricultural Act of 2014 to provide emergency relief to producers of livestock with herds adversely affected by Mexican gray wolves, and for other purposes.” (May 18, 2023).

S.1715 “A bill to direct the Secretary of Agriculture to select and implement landscape-scale forest restoration projects, to assist communities in increasing their resilience to wildfire, and for other purposes.” (May 18, 2023).

S.1693 “A bill to amend the Agriculture Improvement Act of 2018 to reauthorize Forest Service flexible partnerships.” (May 18, 2023).

S.1690 “A bill to amend the Federal Crop Insurance Act to establish a Good Steward Cover Crop program, and for other purposes.” (May 18, 2023).

S.1684 “A bill to amend the Richard B. Russell National School Lunch Act to establish a vehicle summer meal delivery pilot program, and for other purposes.” (May 18, 2023).

S.1676 “A bill to amend the Food, Conservation, and Energy Act of 2008 to provide mandatory funding from the Commodity Credit Corporation for reimbursement payments to geographically disadvantaged farmers and ranchers, and for other purposes.” (May 18, 2023).

S.1675 “A bill to amend the Agricultural Act of 2014 with respect to the Acer access and development program, and for other purposes.” (May 18, 2023).

S.1666 “A bill to amend the Animal Health Protection Act to reauthorize animal disease prevention and management programs.” (May 17, 2023).

S.1660 “A bill to amend the Food and Nutrition Act of 2008 to modify the allocation of funding to States for the nutrition education and obesity prevention grant program under the supplemental nutrition assistance program, and for other purposes.” (May 17, 2023).

S.1652 “A bill to amend the Agricultural Trade Act of 1978 to preserve foreign markets for goods using common names, and for other purposes.” (May 17, 2023).

S.1642 “A bill to amend the Rural Electrification Act of 1936 to establish the ReConnect program under that Act, and for other purposes.” (May 17, 2023).

S.1639 “A bill to amend the Farm Security and Rural Investment Act of 2002 to increase funding for the purchase of specialty crops, and for other purposes.” (May 17, 2023).

S.1628 “A bill to prioritize funding for an expanded and sustained national investment in agriculture research.” (May 16, 2023).

S.1613 “A bill to amend the Agriculture Improvement Act of 2018 to reauthorize the feral swine eradication and control pilot program, and for other purposes.” (May 16, 2023).

S.1611 “A bill to amend the Rural Electrification Act of 1936 to reauthorize the Community Connect Grant Program, and for other purposes.” (May 16, 2023).

S.1604 “A bill to amend the Child Nutrition Act of 1966 to increase the age of eligibility for children to receive benefits under the special supplemental nutrition program for women, infants, and children, and for other purposes.” (May 15, 2023).

S.1593 “A bill to amend the Child Nutrition Act of 1966 to extend eligibility of new moms for the special supplemental nutrition program for women, infants, and children.” (May 15, 2023).

STATE ACTIONS—EXECUTIVE & LEGISLATIVE 

PENNSYLVANIA DEPARTMENT OF AGRICULTURE PRESS RELEASES:

Shapiro Administration To Hold Small Business Resource Fair In Darlington Township On May 17. (May 15, 2023).

PENNSYLVANIA EXECUTIVE AGENCIES (Pa. Bulletin Vol. 53, No. 18—May 6, 2023): 

Department of Agriculture

53 Pa.B. 2741 Notice: “Agricultural Product Promotion, Education and Export Promotion Matching Grant Program; 2023-2024 Application Period.”

Department of Environmental Protection

53 Pa.B. 2808 Notice: “Application Period for Municipal Recycling Program Performance Grant Applications under Act 101, Section 904 of the Municipal Waste Planning, Recycling and Waste Reduction Act of 1988; Calendar Year 2022.”

53 Pa.B. 2746 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.”

53 Pa.B. 2809 Notice: “Draft National Pollutant Discharge Elimination System General Permit for Discharges from Petroleum Product Contaminated Groundwater Remediation Systems (PAG-05).”

53 Pa.B. 2810 Notice: “Draft National Pollutant Discharge Elimination System General Permit for Point Source Discharges from the Application of Pesticides (PAG-15).”

Pennsylvania Fish and Boat Commission

53 Pa.B. 2815 Notice: “Classification of Wild Trout Streams; Proposed Additions; July 2023.”

53 Pa.B. 2815 Notice: “Proposed Changes to List of Class a Wild Trout Waters; July 2023.”

PENNSYLVANIA LEGISLATURE

HB 1170 “An Act amending the act of April 28, 1937 (P.L.417, No.105), known as the Milk Marketing Law, further providing for title of act; in purpose, short title and definitions, further providing for definitions and construction; in organization of the board, further providing for appointment and terms of members and quorum; in licenses of milk dealers, further providing for grounds for refusal, suspension or revocation; in moneys and expenses of board, further providing for expenses and for payment; and, in saving provisions, repealing provisions relating to Joint Study Committee.” Referred to Agriculture and Rural Affairs May 18, 2023 [House]. (May 19, 2023).

HB 1167 “An Act amending Title 3 (Agriculture) of the Pennsylvania Consolidated Statutes, in food protection, further providing for misbranding of food.” Referred to Agriculture and Rural Affairs May 18, 2023 [House]. (May 19, 2023).

HB 1153 “An Act providing for disposal of waste tires, trash and debris, for rules and regulations and for penalties.” Referred to Environmental Resources and Energy, May 18, 2023 [House]. (May 19, 2023).

HB 997 “An Act authorizing the provision or sale of Pennsylvania milk in Pennsylvania schools.” Referred to Agriculture and Rural Affairs May 18, 2023 [House]. (May 19, 2023).

HB 995 “An Act providing for the creation of keystone opportunity dairy zones to facilitate the economic development of Pennsylvania’s dairy industry; authorizing expenditures; providing tax exemptions, tax deductions, tax abatements and tax credits; creating additional obligations of the Commonwealth and local governmental units; prescribing powers and duties of certain State and local departments, agencies and officials; and imposing penalties.” Referred to Agriculture and Rural Affairs May 18, 2023 [House]. (May 19, 2023).

SB 571 “An Act amending Titles 27 (Environmental Resources) and 35 (Health and Safety) of the Pennsylvania Consolidated Statutes, providing for Legionnaires’ disease risk management in public water systems; establishing the Legionnaires’ Disease Drinking Water Risk Management Restricted Account; providing for Legionnaires’ disease prevention; and imposing penalties.” Referred to Environmental Resources and Energy, May 17, 2023 [Senate]. (May 18, 2023).

SB 701 “An Act providing for prohibition on sale of dogs and cats bred by certain persons, for duty of persons, kennels and animal testing facilities to offer dogs and cats for adoption and for whistleblower protection; and imposing penalties.” Referred to Agriculture and Rural Affairs May 15, 2023 [Senate]. (May 15, 2023).

SB 702 “An Act amending the act of December 7, 1982 (P.L.784, No.225), known as the Dog Law, in licenses, tags and kennels, further providing for revocation or refusal of kennel licenses and providing for prohibition on sale of dogs bred by certain persons; and, in enforcement and penalties, providing for whistleblower protection.” Referred to Agriculture and Rural Affairs May 15, 2023 [Senate]. (May 15, 2023).

 

Written by: 
Lonzie Helms—Research Assistant 
Mary Johnson—Research Assistant 
Brook Duer—Staff Attorney