May 6, 2025

Agricultural Law Weekly Review—May 6, 2025

This Friday! May 9, 2025, Understanding the Basics of PA Ag Exemptions for Inheritance Tax and Other Real Estate Transfers (rescheduled)

Pesticides/Herbicides: EPA Publishes Final Insecticide Strategy for Federally Listed Species 🌾
On April 29, 2025, the U.S. Environmental Protection Agency (EPA) published its final Insecticide Strategy, which the agency states “represents a framework that EPA will use as it registers and re-registers pesticides” (EPA-HQ-OPP-2024-0299). The final Strategy to Protect Endangered Species from Insecticides details the EPA’s “three-step framework” for agricultural insecticide registration and review actions under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA): (1) “establish[] the potential for population-level impacts to the listed species as not likely, low, medium, or high,” (2) “use[] the potential of population level impacts to invertebrates from Step 1 to identify levels of mitigations needed to reduce spray drift and runoff/erosion to non-target habitats,” and (3) “identif[y] where in the conterminous U.S. the mitigations identified in Step 2 would apply.” Some of the science-based modifications to the Final Strategy include

  • “Reducing buffer distances across all application methods;
  • Separating spray drift and runoff exposure estimates to identify mitigation specific to each route of exposure . . .
  • Providing credit for any reduction in the proportion of a treated field for ground applications;
  • Expanding mitigation menu options to allow credit for a reduction in boom length for aerial applications, artificial screens for airblast and ground applications, skipping last downwind row, use of axial deflectors, and targeted application equipment;
  • Increasing mitigation points for higher sand soils;
  • Developing a process to qualify conservation programs or standards that will give growers credit for the implementation of those programs for runoff and erosion mitigation needs;
  • Developing a process to qualify external parties that would assess a grower’s farms and determine the existing mitigation points that could be achieved;
  • Adding anionic polyacrylamide (PAM) as a new runoff and erosion mitigation option . . . and
  • Adding a Pesticide Use Limitation Area (PULA) group for generalist species that reside in wetlands to reduce mitigations applied outside of wetland habitats.”

EPA states that it “will continue to work with stakeholders and federal partners to ensure effective implementation of the Strategy” and “develop PULA maps that are intended to focus mitigations to where they are needed.” See also ALWR—Aug. 9, 2024, “EPA Publishes Draft Strategy for Conventional Agricultural Insecticides.”

Animal Welfare: Arizona Agriculture Department Publishes Proposed Rule to Delay Cage-Free Egg Requirements
On May 2, 2025, the Arizona Department of Agriculture, Animal Services Division, published in the Arizona Administrative Register a notice of proposed rulemaking to extend the state’s cage-free housing requirements for egg-laying hens until January 1, 2032, previously January 1, 2025 and extended to January 1, 2027. Announced by Arizona Governor Katie Hobbs in March 2025, the cage-free rule and deadline extension applies to commercial producers with more than 20,000 hens and also includes “eggs and egg products purchased outside of Arizona used by a bakery or manufacturer in products produced that are offered for sale to retailers, wholesaler, or consumers for human consumption within th[e] state.” The proposed rule notes the “outbreak of Highly Pathogenic Avian Influenza (HPAI) that began in 2022,” which “contributes to elevated egg prices by reducing egg-layer flocks and egg production” and cites retail egg price increases of “12.5 percent in February 2025, following increases of 13.8 and 8.4 percent in January and December, respectively.” Additionally, the rule refers to the March 2025 update of the U.S. Department of Agriculture (USDA) Economic Research Service (ERS) Food Price Outlook, stating, “Egg prices are predicted to increase 57.6 percent in 2025, with a prediction interval of 31.1 to 91.5 percent.” The department is accepting comments on the proposed rulemaking until June 9, 2025. See also ALWR—May 6, 2022, “Animal Welfare: Arizona Adopts Cage-Free Egg Regulation” and CASL’s Animal Confinement Issue Tracker.

Dairy Policy: U.S. Dairy Export Council, National Milk Producers Federation Sign MOU with Indonesia
On May 1, 2025, the U.S. Dairy Export Council (USDEC) and the National Milk Producers Federation (NMPF) signed a memorandum of understanding (MOU) with the Indonesian Chamber of Commerce and Industry (KADIN) “to articulate a shared vision and to promote collaboration” for a “sustainable dairy trade to the mutual benefit” of the United States and Indonesia. Also announced by USDEC and NMPF, the non-binding MOU includes several “key areas of collaboration” including “the incorporation of school milk into [Indonesia’s] Free Nutritious Meals program,” “constructive engagement between relevant authorities . . . on regulatory procedures, including the registration of dairy facilities,” the exchange of “relevant data and information on trade trends and market opportunities,” and joint “public communication efforts to promote the benefits of dairy nutrition, especially in the context of child growth and school-based interventions.” The MOU became effective upon signature of the parties and is effective until December 31, 2026.

Biotechnology: Pig Improvement Company Announces FDA Approval for PRRS-Resistant Gene Editing
On April 30, 2025, the Pig Improvement Company (PIC) announced that it had received approval from the U.S. Food and Drug Administration (FDA) for the company’s gene editing technology to produce pigs resistant to Porcine Reproductive and Respiratory Syndrome (PRRS). PIC—a subsidiary of the UK-based animal genetic company Genus with North American headquarters in Hendersonville, Tennessee and Winnipeg, Manitoba—states that it is “among the first companies to gain approval for gene editing in commercial livestock in the U.S.” Also announced by Genus and on PIC’s PRRSResistantPig.com site, PIC states that the FDA approval deemed that PIC’s PRRS-resistant gene editing “technology is safe and effective” “for use in the U.S. food supply chain.”

Specialty Crops: USDA Issues $1.3 Billion in CCC Funds Under Marketing Assistance for Specialty Crops Program
On April 29, 2025, the U.S. Department of Agriculture (USDA) announced a $1.3 billion “second round of payments” under the Marketing Assistance for Specialty Crops (MASC) program, funded with $2.65 billion from the Commodity Credit Corporation (CCC) and authorized in December 2024 and early January 2025 by the previous administration. According to the announcement, applications for the MASC program closed January 10, 2025.

 

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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:

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—Save the Date! 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

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., Fish and Wildlife Service Proposes Rescinding Definition of ‘Harm’ Under ESA, Brigit Rollins (Apr. 29, 2025)

Tex. A&M Agric. Law Blog, What Is ESG and Why Do Companies Care?, Tiffany Dowell (Apr. 28, 2025)

Iowa St. Univ. Ctr. Agric. Law & Tax’n, Bill Would Seek to Increase Beginning Farmers’ Access to Land, Kristiana Coutu (Apr. 28, 2025)

Agric. Law & Tax’n Blog, The ‘Plain View’ Doctrine and Drones, Roger A. McEowen (Apr. 27, 2025)

Ohio St. Univ. Ext. Farm Off. Blog, New Drone Laws Effective in Ohio, Peggy Kirk Hall (Apr. 30, 2025)

Univ. Md. Risk Mgmt. Educ. Blog, Maryland’s New Heat Illness Prevention Standard, Nicole Cook (Apr. 28, 2025)

Southern Ag Today, Tomato Trade Wars: How the Suspension Agreement with Mexico Shapes the U.S. Market, Andrew Muhammad & Luis Ribera (May 1, 2025)

STATE ACTIONS—EXECUTIVE & LEGISLATIVE

PENNSYLVANIA EXECUTIVE AGENCIES

(Pa. Bulletin Vol. 55, No. 18: May 3, 2025) 

Department of Agriculture

55 Pa.B. 3113 Notice: “General Quarantine Order; Enhanced Live Bird Market Production Flock and Live Bird Market Supplier Flock Surveillance, Quarantine Area Requirements; Repeal and Rescind Order”

Department of Environmental Protection

55 Pa.B. 3115 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”

55 Pa.B. 3192 Notice—Bid Opportunity: “OSM 26,65(2553,2758)201.1, Abandoned Mine Reclamation Project, Belle Vernon Region (Phase 1), Rostraver Township, Westmoreland County and Washington Township, Fayette County.”

PENNSYLVANIA LEGISLATURE

HB 1353 “An Act amending Title 34 (Game) of the Pennsylvania Consolidated Statutes, in Pennsylvania Game Commission, further providing for Game Commission officers and employees; and, in enforcement, further providing for powers and duties of enforcement officers.” Referred to Game & Fisheries (Apr. 30, 2025)

FEDERAL ACTIONS—EXECUTIVE & LEGISLATIVE

U.S. ENVIROMENTAL PROTECTION AGENCY

EPA Announces Next Phase of Organizational Improvements to Better Integrate Science into Agency Offices, Deliver Clean Air, Land, and Water to All Americans (May 2, 2025)

EPA Takes Immediate Action to Protect Hutchinson River (May, 1, 2025)

EPA Accepts Nominations for Science Boards (May 1, 2025)

EPA and Texas Railroad Commission Sign Memorandum of Agreement on Geologic Storage of Carbon Dioxide (Apr. 29, 2025)

EPA Releases Strategy to Better Protect Endangered Species from Insecticides Using Commonsense Practices, Provides Flexibilities to States and Growers (Apr. 29, 2025)

EPA Addresses E-10 Standards, Allows for Nationwide Year-Round E15 Sales (Apr. 28, 2025)

Ahead of the Summer Driving Season, EPA Allows for Nationwide Year-Round E15 (Apr. 28, 2025)

U.S DEPARTMENT OF AGRICULTURE (USDA) PRESS RELEASES 

Secretary Rollins Announces New State Directors for the Farm Service Agency and Rural Development (May 2, 2025)

USDA Participates in Targeted SNAP Benefit Fraud Operations (May 2, 2025)

In the First 100 Days of the Trump Administration, Secretary Rollins Works to Make America Healthy Again (May 2, 2025)

In First 100 Days, Secretary Rollins Puts Farmers First, Reverses Woke Priorities of Biden Administration (May 1, 2025)

United States and Mexico Reach Agreement to Resume Eradication Efforts on New World Screwworm (May 1, 2025)

Secretary Rollins Hosts Maude Family in Washington After U.S. Government Dropped Lawfare Case (Apr. 30, 2025)

Secretary Rollins and Secretary Kennedy Visit Texas to Meet with Farmers Who Are Making America Healthy Again and Utilizing Stewardship Practices, Secretary Rollins Provides Update on New World Screwworm (Apr. 29, 2025)

USDA to Issue $1.3 Billion to Specialty Crop Producers Through Second Marketing Assistance Program Payment (Apr. 29, 2025)

Trump Administration Announces that the U.S. Government Has Dropped Criminal Charges Against Small Farmer/Rancher Maude Family (Apr. 28, 2025)

U.S. Agriculture Secretary Brooke Rollins Announces Major Win for Texas Farmers and Ranchers in Water Negotiations with Mexico (Apr. 28, 2025)

Secretary Rollins Applauds EPA’s Decision to Allow Summer Sale of E-15 Nationwide (Apr. 28, 2025)

USDA AGENCY PRESS RELEASES

Economic Research Service

Growing Demand for Broken Rice for Feed and Food: The Implications for Global Trade (Apr. 30, 2025)

The Agricultural and Economic Value of Water (Apr. 29, 2025)

Farm Service Agency

USDA Announces Availability of Low-Interest Physical Loss Loans for Producers Affected by Natural Disasters (May 2, 2025)

USDA Announces Availability of Low-Interest Physical Loss Loans for Producers Affected by Natural Disasters (May 2, 2025)

USDA Announces May 2025 Lending Rates for Agricultural Producers (May 1, 2025)

USDA to Issue $1.3 Billion to Specialty Crop Producers Through Second Marketing Assistance Program Payment (Apr. 29, 2025)

USDA Designates 2 Oklahoma Counties as Contiguous Natural Disaster Areas Due to Heat and Winds (Apr. 29, 2025)

USDA Announces Availability of Low-Interest Physical Loss Loans for Producers Affected by Hail, High Winds, Lightning, Excessive Rain, Flash Flooding, Flooding, and Tornadoes (Apr. 29, 2025)

USDA Announces Availability of Low-Interest Physical Loss Loans for Producers Affected by a Tornado in Bartholomew County (Apr. 28, 2025)

Foreign Agricultural Service

USDA Trade Mission to Expand Agricultural Exports in Hong Kong (Apr. 28, 2025)

National Institute of Food and Agriculture

NIFA Strengthens Agriculture Education in the K-12 Classroom (Apr. 29, 2025)

Natural Resources Conservation Service

Colorado NRCS and Colorado Open Lands Announce 2025 Regional Conservation Partnership Program (RCPP) Application Batching Dates for Conservation Activities (May 1, 2025)

NRCS Offers Assistance for Nebraska Farmers and Ranchers Impacted by Wildfires (Apr. 30, 2025)

Annual NRCS Wisconsin Public Conservation Meeting Announced (Apr. 29, 2025)

Financial assistance available for McKay Creek On-Farm Modernization Project (Apr. 28, 2025)

90 Years of Conservation (Apr. 27, 2025)

FEDERAL EXECUTIVE AGENCIES (Federal Register: Apr. 27–May 3, 2025)

Agriculture Department

90 FR 17909 Notice: “Tribal Advisory Committee” (Apr. 30, 2025)

90 FR 17561 Notice: “Submission for OMB Review; Comment Request – 2017 Wildfires and Hurricanes Indemnity Program (2017 WHIP) and (Florida Citrus Block Grant) and Quality Loss Adjustment (QLA) Program.” (Ar. 28, 2025)

Agricultural Marketing Service

90 FR 17756 Notice: “2025/2026 Rates Charged for AMS Services” (Apr. 29, 2025)

90 FR 17560 Notice: “Notice of Request for Extension and Revision of a Currently Approved Information Collection for the Dairy Product Mandatory Reporting Program” (Apr. 28, 2025)

Food and Nutrition Service

90 FR 18639 Notice—Comment Period: “Agency Information Collection Activities: Federal-State Supplemental Nutrition Programs Agreement (Form FNS-339)” (May 1, 2025)

90 FR 17562 Notice: “The Emergency Food Assistance Program; Availability of Foods for Fiscal Year 2025” (Apr. 28, 2025)

Forest Service

90 FR 18829 Notice: “Newspapers Used for Publication of Legal Notices by the Pacific Northwest Region, Oregon, Washington, and Parts of California” (May 2, 2025)

90 FR 18640 Notice of Meeting: “National Urban and Community Forestry Advisory Council” May 1, 2025)

Rural Utilities Service

90 FR 17563 Notice—Comment Period: “Notice of Intent To Adopt a Final Environmental Impact Statement” (Apr. 28, 2025)

Environmental Protection Agency

90 FR 18853 Notice: “Environmental Impact Statements; Notice of Availability” (May 2, 2025)

90 FR 18852 Notice—Comment Period: “Pesticide Product Registration; Receipt of Applications for New Uses (January 2025)” (May 2, 2025)

90 FR 18656 Notice—Comment Period: “Pesticide Product Registration; Receipt of Applications for New Uses (February 2025)” (May 1, 2025)

90 FR 17920 Notice: “Agency Information Collection Activities; Proposed Information Collection Request; Comment Request; Renewable Fuel Standard (RFS) Program, EPA ICR No. 2546.04, OMB Control Number 2060-0725″ (Apr. 30, 2025)

90 FR 17919 Notice: “2025 Request for Nominations of Experts to the EPA’s Human Studies Review Board Advisory Committee” (Apr. 30, 2025)

90 FR 17595 Notice—Comment Period: “Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; NESHAP for Solvent Extraction for Vegetable Oil Production (Renewal)” (Apr. 28, 2025)

90 FR 17556 Final Rule: “Air Plan Approval; Pennsylvania; Redesignation of the Allegheny County Nonattainment Area to Attainment and Approval of the Area’s Maintenance Plan for the 2010 1-Hour Primary Sulfur Dioxide National Ambient Air Quality Standard” (Apr. 28, 2025)

U.S. HOUSE AGRICULTURE COMMITTEE

H.R.3125 “To amend the Rural Electrification Act of 1936 to provide technical assistance to expand access to broadband service in rural communities.” Referred to the Committee on Agriculture, and in addition to the Committee on Energy and Commerce. (Apr. 30, 2025)

H.R.3119 “To amend the Rural Electrification Act of 1936 to establish the ReConnect program under that Act, and for other purposes.” Referred to the Committee on Agriculture, and in addition to the Committees on Energy and Commerce, and Appropriations. (Apr. 30, 2025)

H.R.3117 “To amend the Consolidated Appropriations Act, 2023, to expand the replacement of stolen EBT benefits under the supplemental nutrition assistance program.” Referred to the House Committee on Agriculture. (Apr. 30, 2025)

H.R.3112 “To amend the Animal Welfare Act to expand and improve the enforcement capabilities of the Attorney General, and for other purposes.” Referred to the House Committee on Agriculture. (Apr. 30, 2025)

H.R.3077 “To address the impact of climate change on agriculture, and for other purposes.” Referred to the Committee on Agriculture, and in addition to the Committees on Education and Workforce, Energy and Commerce, House Administration, and Oversight and Government Reform. (Apr. 29, 2025)

H.R.3076 “To amend the Poultry Products Inspection Act and the Federal Meat Inspection Act to support small and very small meat and poultry processing establishments, and for other purposes.” Referred to the House Committee on Agriculture. (Apr. 29, 2025)

H.R.528 “Post-Disaster Reforestation and Restoration Act of 2025” Subcommittee Hearings Held. (Apr. 29, 2025)

H.R.3053 “To direct the Comptroller General of the United States to carry out a study on interagency data sharing and collaboration between the State agencies that administer WIC, SNAP, and Medicaid, and for other purposes.” Referred to the Committee on Education and Workforce, and in addition to the Committees on Agriculture, and Energy and Commerce. (Apr. 28, 2025)

H.R.3038 “To amend the Animal Health Protection Act to improve the prevention of the spread of animal diseases, and for other purposes.” Referred to the Committee on Agriculture, and in addition to the Committee on Ways and Means. (Apr. 28, 2025)

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

S.1540 “A bill to amend the Consolidated Appropriations Act, 2023, to expand the replacement of stolen EBT benefits under the supplemental nutrition assistance program.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Apr. 30, 2025)

S.1538 “A bill to amend the Animal Welfare Act to expand and improve the enforcement capabilities of the Attorney General, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Apr. 30, 2025)

S.1509 “A bill to amend the Poultry Products Inspection Act and the Federal Meat Inspection Act to support small and very small meat and poultry processing establishments, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (text: CR S2666-2668: 2) (Apr. 29, 2025)

S.1507 “A bill to address the impact of climate change on agriculture, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Apr. 29, 2025)

EC794 A communication from the Associate Administrator, Agricultural Marketing Service, Department of Agriculture, transmitting, pursuant to law, the report of a rule entitled “Reauthorization of Dairy Forward Pricing Program” ((RIN0581-AE37)(Docket No. AMS-DA-25-0001)) received in the Office of the President of the Senate on April 28, 2025; to the Committee on Agriculture, Nutrition, and Forestry. (Apr. 29, 2025)

EC793 A communication from the Director of the Regulations Development Staff, Food Safety and Inspection Service, Department of Agriculture, transmitting, pursuant to law, the report of a rule entitled “Removal of Voluntary Ante-Mortem Inspection Regulations for Horses Vacated by Court” (RIN0583-AE00) received in the Office of the President of the Senate on April 28, 2025; to the Committee on Agriculture, Nutrition, and Forestry. (Apr. 29, 2025)

S.1501 “A bill to amend the Animal Health Protection Act to improve the prevention of the spread of animal diseases, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Apr. 28, 2025)

Agriculture-Related Legislative Hearings & Reports

House Agriculture Committee: “American Innovation and the Future of Digital Assets: A Blueprint for the 21st Century” (May 6, 2025, 10:00 AM)

Senate Agriculture, Nutrition, and Forestry Committee: “Business meeting to consider the nominations of Stephen Vaden, of Tennessee, to be Deputy Secretary, and Tyler Clarkson, of Virginia, to be General Counsel, both of the Department of Agriculture.” (May 5, 2025, 5:30 PM)

Senate Agriculture, Nutrition, and Forestry Committee: “Hearings To Examine S.1462, To Improve Forest Management Activities On National Forest System Land, Public Land Under The Jurisdiction Of The Bureau Of Land Management, And Tribal Land To Return Resilience To Overgrown, Fire-prone Forested Land.” (May 6, 2025, 3:00 PM)

 

Contributors
Audry Thompson—Staff Attorney
Victoria Dutterer—Research Assistant