November 14, 2023

Agricultural Law Weekly Review—November 14, 2023

Pesticides/Herbicides: Circuit Court Rules California’s Glyphosate Warning Requirement Violates First Amendment 🌾
On November 7, 2023, the U.S. Court of Appeals for the Ninth Circuit released an opinion holding California’s Proposition 65 carcinogen warning requirement for the herbicide glyphosate violated the First Amendment of the U.S. Constitution. National Association of Wheat Growers v. Bonta, No. 20-16758. The court found that Proposition 65’s glyphosate warning requirement did not fall within the exceptions for compelled commercial speech under the First Amendment because the warning was “controversial” due to “a robust disagreement by reputable scientific sources” regarding the safety of glyphosate. The court stated, “Considering the current vigorous debate surrounding the scientific validity of glyphosate’s carcinogenicity, forcing Plaintiffs to convey that message cannot be said to be an uncontroversial proposition. Because none of the proposed glyphosate Prop 65 warnings are narrowly drawn to advancing California’s interest in protecting consumers from carcinogens, and California has less burdensome ways to convey its message than to compel Plaintiffs to convey it for them, the Prop 65 warning as applied to glyphosate is unconstitutional.” See also ALWR—Sept. 23, 2022, “EPA Withdraws 2020 Glyphosate Interim Decision, Will Re-Initiate Registration Review,” and the Center’s Glyphosate Issue Tracker.

Pesticides/Herbicides: Circuit Court Remands Chlorpyrifos Tolerance Revocation for Further Reconsideration
On November 2, 2023, the U.S. Court of Appeals for the Eighth Circuit issued an opinion holding that the U.S. Environmental Protection Agency (EPA) improperly “revoked all tolerances” for the use of the pesticide chlorpyrifos. RRVSG Assoc. v. Michael Regan, No. 22-1422 (See also 22-1422). The three-judge panel wrote that EPA’s decision to revoke all permissions for use of the pesticide was due to a “too-narrow view of its own authority,” which “kept it from ‘consider[ing] an important aspect of the problem.’” The court wrote that EPA had two options: “revoke the tolerances or modify them.” The court also noted that “EPA itself acknowledged [that] it could safely retain some chlorpyrifos tolerances.” The court determined that EPA “misread the statute and misunderstood the ‘scope of [its] discretion,” and thus found that EPA’s decision to revoke permissions was arbitrary and capricious because EPA “ruled out the second option, leaving only revocation by default.” The court vacated both the 2021 Revocation (88 FR 48315) and the 2022 Denial Order (87 FR 53471) and remanded to the EPA for further proceedings. For background, see, ALWR—March 18, 2022, “Eighth Circuit Allows Suit to Proceed Against EPA for Chlorpyrifos Tolerance Revocation” and the Center’s Chlorpyrifos Issue Tracker.

Industrial Hemp: Federal Court Denies Preliminary Injunction Against Virginia’s ‘Total THC’ Hemp Prohibition
On October 30, 2023, the U.S. District Court for the Eastern District of Virginia issued an opinion denying a preliminary injunction against Virginia’s SB 903, passed in April 2023, which prohibits the sale of hemp products if they exceed a “total THC” of 0.3%—including delta-8 and all variants. Northern Virginia Hemp and Agriculture, LLC v. Virginia, No. 1:23-cv-01177. The plaintiff hemp companies claimed that SB 903 violated the U.S. Constitution’s Commerce Clause and Dormant Commerce Clause and was preempted by the 2018 Farm Bill, which defines “‘industrial hemp’ in reference to the proportion of delta-9 THC it contains.” The court noted, “After the passage of the Farm Act . . . states began seeing an increase in products that contained elevated levels of THC in the form of delta variants, such as delta-8 THC . . . which can result in a product that is more intoxicating when combined with delta-9 THC.” The court denied the preliminary injunction, stating that “SB 903 does not expressly offend the text of the Farm Act and . . . plaintiffs have not demonstrated that they are Virginia processors subject to the Sales Restriction provision.”

Organic Agriculture: USDA Publishes National Organic Program Livestock and Poultry Standards Final Rule
On November 2, 2023, the U.S. Department of Agriculture’s (USDA) Agricultural Marketing Service (AMS) published in the Federal Register a final rule (88 FR 75394) finalizing the National Organic Program (NOP) Organic Livestock and Poultry Standards. Also announced by AMS, the final rule “add[s] new provisions for livestock handling and transport, slaughter, and avian (poultry) living conditions.” The rule becomes effective January 1, 2024. According to the rule, “all organic operations must comply with the requirements of th[e] rule by January 2, 2025, except for certain provisions applicable to certified organic layer operations, broiler operations, and poultry operations, which have an extended compliance date of January 2, 2029.”

Agricultural Labor: Senators Send Letter to DHS Requesting 60-Day Extension for H-2 Rule
On November 1, 2023, twenty-eight U.S. senators sent a letter to the U.S. Department of Homeland Security (DHS) requesting that the agency extend the comment period an additional 60 days for the proposed rule titled “Modernizing H-2 Program Requirements, Oversight, and Worker Protections” (88 FR 65040) from the scheduled closing date, November 20, 2023. According to the senators, “Any proposed regulatory changes to the H-2A program have potential ramifications for the entire American agricultural supply chain and food security. Therefore, it is of the utmost importance that [their] constituents be provided adequate time to thoroughly analyze this proposed rule and its effects on their operations.” For background on the proposed rule, see ALWR—Sept. 25, 2023, “DHS Publishes Proposed Rule Amending H-2 Program.”

Animal Welfare: USDA Withdraws 2017 Horse Protection Act Final Rule
On October 31, 2023, the U.S. Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) published in the Federal Register a final rule (88 FR 74336) formally withdrawing a pre-publication rule, proposed in July 2016 (81 FR 49112), that the agency filed with the Office of Federal Register on January 19, 2017, but then withdrew four days later—without notice and comment—on January 23, 2017, pursuant to an executive order (E.O. 13765 of Jan 20, 2017). The proposed July 2016 rule would have allowed APHIS to regulate Horse Protection Act inspector training and licensing. In July 2022, the U.S. Court of Appeals for the D.C. Circuit issued an opinion holding that “an agency must provide notice and an opportunity for comment when withdrawing a rule that has been filed for public inspection but not yet published in the Federal Register,” and finding that APHIS improperly withdrew the rule in January 2017. HSUS v. USDA, No. 20-5291. In July 2023, APHIS issued a notice of proposed rulemaking to withdraw the 2017 rule (88 FR 47068), which received more than 13,000 comments (APHIS-2011-0009). In an announcement, APHIS stated that the agency “remains committed to strengthening its ability to protect horses” and referenced its August 2023 proposed rule. The October 2023 withdrawal is effective November 30, 2023. See also ALWR—Aug. 28, 2023, “USDA Proposes Horse Protection Rule to Authorize All Regulatory Responsibilities Under APHIS.”

Conservation Programs: USDA Publishes Proposed Rule to Sequester Carbon in National Forest Lands
On November 3, 2023, the U.S. Department of Agriculture’s (USDA) Forest Service published in the Federal Register a proposed rule (88 FR 75530) to allow carbon dioxide to be injected and permanently stored in U.S. National Forest System lands. Also announced by the Forest Service, the proposed rule defines “Carbon capture and storage.” According to the announcement, “The Forest Service does not currently have any carbon sequestration project proposals under consideration. All proposals must still pass secondary screening to be accepted as a formal application. Any carbon storage proposals must also comply with the National Environmental Policy Act and receive approval by an authorized officer at the Forest Service. The proposed amendment does not supersede existing tribal treaty rights, agreements, authorities and land use.” The proposed rule is open for public comment until January 2, 2024. See also Farmland Energy Podcasts:

Checkoff Programs: USDA Publishes Beef Promotion and Research Order Final Rule, Reduces Board Membership
On November 6, 2023, the U.S. Department of Agriculture (USDA) Agricultural Marketing Service (AMS) published in the Federal Register a final rule (88 FR 76097) reducing the number of representatives of the Cattlemen’s Beef Promotion and Research Board from 101 to 99 members. Additionally, the rule removes the Maryland Beef Industry Council from the list of Qualified State Beef Councils (QSBCs). According to the rule, the membership reduction is in accordance with the Beef Promotion and Research Order (7 CFR § 1260.141). The rule becomes effective December 6, 2023.

Checkoff Programs: North Dakota Auditor Finds Soybean Council Grant Funds Used for Lobbying
On October 30, 2023, the North Dakota Office of the State Auditor published an audit report finding that the North Dakota Soybean Council had used grant funds intended to be used to educate elected officials about soybean production—but not to be used for lobbying—to pay a registered lobbyist, acting as a “Legislative Educator,” for testifying in favor of two bills. According to an announcement from the Auditor’s office, the Council’s use of “grant funds to pay for lobbying is a violation of both the terms of the grant agreement—which state that the money will not be used for political, legislative, or lobbying purposes—and federal regulations that prohibit the use of these kinds of funds for lobbying activities.”

Food Policy: FDA Publishes Proposed Rule to Revoke Brominated Vegetable Oil Use in Food
On November 3, 2023, The U.S. Food and Drug Administration Published (FDA) in the Federal Register a proposed rule (88 FR 75523) titled “Revocation of Authorization for Use of Brominated Vegetable Oil [BVO] in Food.” Also announced by FDA, the “proposed rule would revoke the authorization for the use of BVO as a food ingredient intended to stabilize flavoring oils in fruit-flavored beverages.” FDA states that the agency is revoking the BVO authorization “because there is no longer a reasonable certainty of no harm from the continued use of BVO in food.” The proposed rule is open for public comment until January 17, 2024.

Marketing Orders: GAO Publishes Report Finding U.S. Sugar Program Net Cost $1 Billion
On October 31, 2023, the U.S. Government Accountability Office (GAO) published a report on the costs, benefits, and trade implications of the U.S. sugar program, titled Sugar Program: Alternative Methods for Implementing Import Restrictions Could Increase Effectiveness. The report found that the program, which limits the production and import of sugar in the United States, results in “an estimated $1.4 billion to $2.7 billion in additional benefits annually” for producers, but “costs consumers an estimated $2.5 billion to $3.5 billion per year, yielding net costs to the economy of approximately $1 billion per year.” GAO recommends that the U.S. Department of Agriculture (USDA) “evaluate . . . alternative methods for allocating raw sugar tariff-rate quotas” and that the U.S. Trade Representative (USTR) “use the results of these evaluations to validate or change its quota allocation method”—recommendations with which “USDA and USTR concurred.”

Food Labeling: New York City Council Passes Bill to Require Added Sugar Icons on Restaurant Menus
On November 2, 2023, the New York City Council passed Intro. 687, which requires “restaurants with 15 or more locations to conspicuously post added sugar icons and factual warning statements on menus . . . near food items . . . that exceed a specified level of added sugars as determined by the U.S. Food & Drug Administration or . . . [New York City] Department of Health and Mental Hygiene.” Also announced by the Council, the law would become effective on June 19, 2024, and impose a $500 maximum civil penalty for violations. The bill was sent to the New York City Mayor, who has scheduled a hearing on the bill for November 17, 2023.

Antitrust: Minnesota, California, North Carolina, and Tennessee Join DOJ Suit Against Agri Stats
On November 6, 2023, The U.S. Department of Justice (DOJ) filed in the U.S. District Court for the District of Minnesota an amended complaint including as plaintiffs the Attorneys General of Minnesota, California, North Carolina and Tennessee in a case alleging “anticompetitive information exchanges” against Agri Stats, in violation of the Sherman Antitrust Act. U.S. v. Agri Stats, No. 0:23-cv-03009. Also announced by the DOJ, the states join the amended complaint under Section 16 of the Clayton Act, 15 U.S.C. § 26, which allows “[a]ny person, firm, corporation, or association” to bring a claim “against threatened loss or damage by a violation of the antitrust laws.” See also ALWR—Oct. 30, 2023, “Federal Court Denies Agri Stats’ Request to Seal Lawsuit.”

Antitrust: Sysco Assignee Files Price-Fixing Complaint Against Cargill, JBS, and Tyson
On October 31, 2023, Compass Group USA, an assignee of Sysco Corporation, filed a complaint in the U.S. District Court for the Western District of North Carolina against Cargill, JBS, and Tyson, claiming that the companies “conspire[ed] to limit the supply, and fix the prices, of beef sold . . . in the U.S. wholesale market” in violation of the Sherman Antitrust Act. Compass Group USA, Inc. v. Cargill, Inc., No. 3:23-cv-00725. The complaint cites data regarding the companies’ production as compared to independent meat packers as well as recent U.S. Department of Justice (DOJ) investigations into the meat industry.  Compass seeks injunctive relief and damages “to the maximum extent allowed under federal antitrust laws,” including “a joint and several judgment . . . in an amount to be trebled under U.S. antitrust laws.”

Conservation Programs/Dairy Policy: USDA Grants $1 Billion for 81 Conservation Programs
On November 1, 2023, the U.S. Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS) announced that the agency had allocated $1 billion towards 81 conservation projects throughout the country. Among the selected projects were projects led by Dairy Farmers of America ($22.8 million, “Climate-Smart Dairies: A Partnership for Enteric Methane Reduction using Novel Feed Additives”) and the Maryland & Virginia Milk Producers Cooperative Association ($10 million, “Mid-Atlantic Dairy Farmers Producing Tangible Results Through Climate Smart Solutions”).

Water Quality: Pennsylvania DEP Publishes Draft 2024 Integrated Water Quality Monitoring and Assessment Report, Comment Period Open
On October 28, 2023, the Pennsylvania Department of Environmental Protection (DEP) published in the Pennsylvania Bulletin a notice (53 Pa.B. 6782) announcing the availability of the department’s Draft 2024 Integrated Water Quality Monitoring and Assessment Report, a biannual report conducted pursuant to the Federal Clean Water Act (CWA) Section 303(d) to determine a “listing of impaired waters requiring total maximum daily loads (TMDLs),” which must be approved by the U.S. Environmental Protection Agency (EPA). The Integrated Water Quality Reports also report on the “overall condition of Pennsylvania’s aquatic resources.” Also announced by DEP, the report is available for public comment until December 11, 2023.

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CENTER PROGRAMS & RESOURCES

Events:

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:

Making Laws Work for You, Part 2: Right to Farm, ACRE, and the Agritourism Activity Protection Act

  • Mon. Dec. 11, 2023, noon–1:30pm (ET). Virtual. Staff attorney Brook Duer will present with the Small Business Development Center.

2023 Annual Agricultural and Environmental Law Conference

  • Thurs. Nov. 16, 2023. In-person at the Crowne Plaza Hotel in Annapolis. Staff Attorney Brook Duer will present “HPAI: How Can We Miss You, If You Won’t Go Away?” at 12:45pm.

Podcasts:

Agricultural Law Podcast

249. U.S. Supreme Court Declines to Hear Case Permitting FLSA Overtime Claim of H-2A Worker (Nov. 9, 2023)

248. EPA Reveals Plan to Reform CAFO Regulation under the Clean Water Act (Oct. 17, 2023)

247. Environmental Organizations Sue EPA for Refusal to Expand CAFO Regulation (Oct. 10, 2023)

 

Farmland Legal Energy Podcast

160. Methane Production From Manure (Oct. 31, 2023)

159. An Introduction to Hydrogen and Agriculture (Oct. 10, 2023)

158. An Introduction to Anaerobic Digestion (Sept. 26, 2023)

Resources of Interest:

Nat’l Agric. Law Ctr., USDA Publishes Final Rule Amending Organic Livestock and Poultry Standards, Samantha Capaldo (Nov. 2, 2023)

Nat’l Agric. Law Ctr., Spotlighting State Restrictions on Foreign Land Investments: Arkansas—Part One, Micah Brown (Oct. 31, 2023)

Southern Ag Today, US Supreme Court Will Not Hear North Carolina “Ag Gag” Appeal, Tiffany Dowell Lashmet (Nov. 3, 2023)

Southern Ag Today, Producers Embrace USDA’s Livestock Risk Protection Program, Francisco Abello (Oct. 31, 2023)

Tex. A&M Agric. Law Blog, Appearance on Capital Roots Podcast, Tiffany Dowell (Oct. 30, 2023)

Ohio St. Univ. Ext. Farm Off. Blog, Announcing our “Planning for the Future of Your Farm” Fall and Winter Workshops, Peggy Kirk Hall (Nov. 3, 2023)

Ohio St. Univ. Ext. Farm Off. Blog, Charitable Remainder Trust as a Retirement Strategy, Robert Moore (Nov. 1, 2023)

Agric. Law & Tax’n Blog, Split-Interest Land Acquisitions—Is it For You? (Part 2), Roger A. McEowen (Nov. 1, 2023)

Agric. Law & Tax’n Blog, Split Interest Land Acquisitions—Is it For You? (Part 1), Roger A. McEowen (Oct. 31, 2023)

Agric. Law & Tax’n Blog, Reporting of Beneficial Ownership Information; Employee Retention Credit; Exclusion of Gain on Sale of Land with Residence; and a Farm Lease, Roger A. McEowen (Oct. 30, 2023)

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FEDERAL ACTIONS—EXECUTIVE & LEGISLATIVE

U.S DEPARTMENT OF AGRICULTURE (USDA) PRESS RELEASES

WIC is Vital—but Vastly Underutilized, Research Finds (Nov. 3, 2023)

President Biden Announces Over $5 Billion to Support Rural Communities During Investing in Rural America Event Series (Nov. 1, 2023)

Urban and Innovative Producers, Public Invited to Attend November Meeting of Federal Advisory Committee for Urban Agriculture and Innovative Production (Oct. 31, 2023)

ENVIRONMENTAL PROTECTION AGENCY (EPA) PRESS RELEASES

EPA settlement with Hingham, Mass. company stops distribution and use of unregistered pesticides (Nov. 2, 2023)

EPA Announces Approval of Oklahoma State Certification of Pesticide Applicators Plan (Nov. 2, 2023)

EPA and partners provide over $3 million for 14 projects in Massachusetts coastal communities (Nov. 1, 2023)

USDA AGENCY PRESS RELEASES:

Agricultural Marketing Service (AMS)

USDA Restricts PACA Violators in Michigan and Texas from Operating in the Produce Industry (Nov. 3, 2023)

USDA Announces More Than $32 Million in Grant Awards to Strengthen Local and Regional Food Systems (Oct. 30, 2023)

Agricultural Research Service (ARS)

USDA Holds Ribbon-Cutting Ceremony for the Sam Farr United States Crop Improvement and Protection Research Center in Salinas, California (Nov. 3, 2023)

USDA Scientist Recognized for Transforming Food Safety Systems and Protecting the World’s Food Supply (Nov. 1, 2023)

Animal and Plant Health Inspection Service (APHIS)

USDA Withdraws 2017 Horse Protection Act Final Rule; Is Committed to Strengthened Regulations (Oct. 30, 2023)

Economic Research Service (ERS)

U.S. Agricultural Policy Review, 2022 (Nov. 1, 2023)

Farm Service Agency

USDA Announces November 2023 Lending Rates for Agricultural Producers (Nov. 1, 2023)

National Agricultural Statistics Service

USDA’s NASS and ERS attending National Association of Farm Broadcasting’s 2023 Trade Talk (Nov. 9, 2023)

National Institute of Food and Agriculture (NIFA)

USDA Launches Initiative to Enhance Competitiveness of the U.S. Specialty Crops Industry (Nov. 9, 2023)

NIFA Invests Nearly $2M to Support Rural Women and Minorities in STEM (Nov. 8, 2023)

NIFA Invests $4.7M in Scientific Equipment and Instruments (Nov. 8, 2023)

NIFA Invests Nearly $2M to Support Food and Ag Service Learning Programs (Nov. 8, 2023)

Natural Resources Conservation Service (NRCS)

USDA-NRCS State Technical Committee virtual meeting set for Dec. 7 (Nov. 8, 2023)

Indiana NRCS Accepting Applications to Improve Wildlife Habitat for At-Risk Bird Species (Nov. 8, 2023)

Rosebud Sioux Tribal Ranch Awarded for Excellence in Cooperative Conservation (Nov. 8, 2023)

Maine Receives $8.3 Million as Part of Unprecedented USDA Regional Conservation Partnership Program funding (Nov. 8, 2023)

Indiana NRCS Accepting Applications to Improve Water Quality in Big Pine Watershed (Nov. 7, 2023)

USDA Increases Minimum Annual Payment for Conservation Stewardship Program (Nov. 7, 2023)

NRCS in N.H. Announces Signup Date for Fiscal Year 2024 Under EQIP ACT Now Authority (Nov. 6, 2023)

NRCS Oregon Awards Three New RCPP Projects to Receive $17.2M as Part of Unprecedented $1 Billion National Investment (Nov. 6, 2023)

USDA Increases Minimum Annual Payment for Conservation Stewardship Program (Nov. 6, 2023)

Funding available to Western Lake Erie Basin farmers to improve water quality (Nov. 6, 2023)

Rural Development

Biden-Harris Administration Invests More Than $1.2 Billion in Rural Cooperatives to Increase Economic Opportunity and Advance Equity in Rural America (Nov. 9, 2023)

FEDERAL EXECUTIVE AGENCIES (Federal Register Oct. 30–Nov. 3, 2023):   

Agriculture Department

88 FR 74142 Notice: “Submission for OMB Review; Comment Request [Animal and Plant Health Inspection Service: Imported Seed and Screening]” (Oct. 30, 2023).

88 FR 74402 Notice: “Submission for OMB Review; Comment Request [National Agricultural Statistics Service: Stocks Reports—Substantive Change]” (Oct. 31, 2023).

88 FR 74403 Notice: “Submission for OMB Review; Comment Request [Agricultural Marketing Service: Livestock, Poultry, and Grain Market News]” (Oct. 31, 2023).

88 FR 74404 Notice: “Submission for OMB Review; Comment Request [Food and Nutrition Service: Understanding States’ SNAP Customer Service Strategies (NEW)]” (Oct. 31, 2023).

88 FR 74973 Notice: “Submission for OMB Review; Comment Request [National Resources Conservation Service [Conservation Outreach, Education, and Technical Assistance]” (Nov. 1, 2023).

88 FR 74973 Notice: “Submission for OMB Review; Comment Request [Foreign Agricultural Service: Grant and Agreement Applications and Reporting for the National Agricultural Research, Extension, and Teaching Policy Act]” (Nov. 1, 2023).

Agricultural Marketing Service

88 FR 74330 Final Rule—Comment Request “Economic Adjustment Assistance for Textile Mills” (Oct. 31, 2023)

88 FR 74402 Notice—Comment Request: “Notice of Availability of the Programmatic Environmental Assessment for AMS Local Meat Capacity Grant Program” (Oct. 31, 2023).

88 FR 75263 Notice—Comment Period: “Notice of Request for Approval of a New Information Collection [Walnuts Grown in California, Marketing Order No. 984]” (Nov. 2, 2023).

Animal and Plant Health Inspection Service

88 FR 74974 Notice: “Notice of Request for Revision to and Extension of Approval of an Information Collection; Importation of Live Swine, Pork and Pork Products, and Swine Semen From the European Union; Correction” (Nov. 1, 2023).

88 FR 75538 Notice: “Addition of Belarus to the List of Regions Affected With Highly Pathogenic Avian Influenza” (Nov. 3, 2023).

Delaware River Basin Commission

88 FR 75565 Notice—Comment Period: “Notice of Proposed Methodology for the 2024 Delaware River and Bay Water Quality Assessment Report” (Nov. 3, 2023).

Environmental Protection Agency

88 FR 74179 Notice: “Pesticide Registration Review: Pesticide Dockets Opened for Review and Comment; Notice of Availability; Correction [Aureobasidium pullulans and cyflumetofen]” (Oct. 30, 2023).

88 FR 74360 Final Rule: “Changes to Reporting Requirements for Per- and Polyfluoroalkyl Substances and to Supplier Notifications for Chemicals of Special Concern; Community Right-to-Know Toxic Chemical Release Reporting” (Oct. 30, 2023).

88 FR 74994 Notice—Comment Period: “Pesticides; Concept for a Framework To Assess the Risk to the Effectiveness of Human and Animal Drugs Posed by Certain Antibacterial or Antifungal Pesticides; Notice of Availability and Request for Comment; Extension of Comment Period” (Nov. 1, 2023).

Farm Service Agency

88 FR 74404 Notice: “Notice of Funds Availability; Emergency Relief Program 2022 (ERP 2022)” (Oct. 30, 2023).

Fish and Wildlife Service

88 FR 74390 Proposed Rule—Comment Period: “Endangered and Threatened Wildlife and Plants; Endangered Species Status for Oblong Rocksnail (Leptoxis compacta)” (Oct. 30, 2023).

88 FR 74890 Final Rule: “Endangered and Threatened Wildlife and Plants; Reclassifying Mitracarpus Polycladus From Endangered to Threatened With a Section 4(d) Rule” (Nov. 1, 2023).

88 FR 75506 Final Rule: “Endangered and Threatened Wildlife and Plants; Reinstatement of Endangered Species Act Protections for the Gray Wolf (Canis Lupus) in Compliance With Court Order” (Nov. 3, 2023).

88 FR 75620 Notice—Comment Period: “Agency Information Collection Activities; Submission to the Office of Management and Budget; Federal Subsistence Regulations and Associated Forms” (Nov. 3, 2023).

Food and Drug Administration

88 FR 74939 Proposed Rule—Comment Period: “Prior Notice: Adding Requirement To Submit Mail Tracking Number for Articles of Food Arriving by International Mail and Timeframe for Post-Refusal and Post-Hold Submissions” (Nov. 1, 2023).

88 FR 75490 Final Rule—Comment Period: “Listing of Color Additives Exempt From Certification; Jagua (Genipin-Glycine) Blue” (Nov. 3, 2023).

Rural Business-Cooperative Service

88 FR 75540 Notice: “Notice of Solicitation of Applications for the Intermediary Relending Program for Fiscal Year 2024; Correction” (Nov. 3, 2023).

88 FR 75539 Notice: “Notice of Solicitation of Applications for Inviting Applications for the Rural Economic Development Loan and Grant Programs for Fiscal Year 2024; Correction” (Nov. 3, 2023).

Rural Utilities Service

88 FR 74144 Notice: “Notice of a Revision to a Currently Approved Information Collection [Rural Energy Savings Program]” (Oct. 30, 2023).

Natural Resources Conservation Service

88 FR 74143 Notice: “Urban Agriculture and Innovative Production Advisory Committee Meeting” (Oct. 30, 2023).

Reclamation Bureau

88 FR 75025 Notice—Comment Period: “Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Certification Summary Form and Reporting Summary Form for Acreage Limitation” (Nov. 1, 2023).

88 FR 75023 Notice—Comment Period: “Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Forms To Determine Compliance by Certain Landholders” (Nov. 1, 2023).

88 FR 75021 Notice—Comment Period: “Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Individual Landholder’s and Farm Operator’s Certification and Reporting Forms for Acreage Limitation” (Nov. 1, 2023).

U.S. HOUSE AGRICULTURE COMMITTEE:

H.R.6342 “To promote and enhance outdoor recreation opportunities for members of the Armed Forces and veterans on Federal recreational lands and waters.” Referred to the Committee on Natural Resources, and in addition to the Committees on Agriculture. (Nov. 9, 2023)

H.R.6334 “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.” Referred to the House Committee on Agriculture. (Nov. 9, 2023)

H.R.6299 “To require origin and location disclosure for new products of foreign origin offered for sale on the internet.” Referred to the Committee on Energy and Commerce, and in addition to the Committees on Agriculture. (Nov. 8, 2023)

H.R.6292 “To amend the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to extend grants and fellowships for food and agricultural sciences education.” Referred to the House Committee on Agriculture. (Nov. 8, 2023)

H.J.Res.96 “Compact of Free Association Amendments Act of 2023” Ordered to be Reported by Unanimous Consent. (Nov 8, 2023)

H.R.6280 “To authorize additional appropriations for certain U.S. Customs and Border Protection operations, and for other purposes.” Referred to the Committee on Homeland Security, and in addition to the Committees on Agriculture. (Nov. 7, 2023)

H.R.6272 “To amend the Food and Nutrition Act of 2008 with respect to the issuance of quality control guidance issued by the Secretary of Agriculture.” Referred to the House Committee on Agriculture. (Nov. 7, 2023)

H.R.6271 “To amend certain agricultural laws with respect to the definition of biofuels and sustainable aviation fuel, and for other purposes.” Referred to the House Committee on Agriculture. (Nov. 7, 2023)

H.R.6232 “To establish an interagency committee on soil carbon sequestration research, and for other purposes.” Referred to the Committee on Science, Space, and Technology, and in addition to the Committees on Agriculture, and Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. (Nov. 6, 2023)

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

S.3270 “A bill to amend the Federal Crop Insurance Reform and Department of Agriculture Reorganization Act of 1994 to establish a budgetary Tribal Government consultation process at the Department of Agriculture, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Nov. 9, 2023)

STATE ACTIONS—EXECUTIVE & LEGISLATIVE 

PENNSYLVANIA DEPARTMENT OF AGRICULTURE PRESS RELEASES:

Shapiro Administration Tours Skyline Pastures Farm, Highlighting PA Investments In Success Of Military Veteran Farmers (Nov. 8, 2023)

PENNSYLVANIA EXECUTIVE AGENCIES (Pa. Bulletin Vol. 53, No. 44—Nov. 4, 2023): 

Department of Agriculture

53 Pa.B. 6874 Notice: “Program Requirements for the Pennsylvania Agriculture Veteran Grant Program”

Department of Environmental Protection

53 Pa.B. 6876 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. 6932 Notice: “Public Comment Meeting on the Interim-Final Environmental Justice Policy and Pennsylvania Environmental Justice Mapping and Screening Tool (PennEnviroScreen) Methodology Document Public Comment Meeting; Public Comment Period Extension and Additional Public Comment Meetings”

Environmental Quality Board

53 Pa.B. 6854 Proposed Rulemaking: “Water Quality Standards—Site-Specific Water Quality Criteria”

Fish and Boat Commission

53 Pa.B. 6982 Notice: “Triploid Grass Carp Permit Applications”

53 Pa.B. 6844 Rules and Regulations: “Hunting and Furtaker Licenses; Appointment of Agents”

Game Commission

53 Pa.B. 6870 Proposed Rulemaking: “Hunting and Trapping; Furbearers”

53 Pa.B. 6869 Proposed Rulemaking: “Hunting and Trapping; General”

53 Pa.B. 6868 Proposed Rulemaking: “Wildlife Classification; Birds”

PENNSYLVANIA LEGISLATURE

SB 152 “An Act repealing the act of September 1, 1965 (P.L.420, No.215), known as The Frozen Dessert Law.” Act No. 27 of 2023. (Nov. 6, 2023)

SB 979 “An Act amending Title 3 (Agriculture) of the Pennsylvania Consolidated Statutes, in domestic animals, providing for posted notice with information on dangerous transmissible diseases.” Referred to AGRICULTURE AND RURAL AFFAIRS. (Nov. 6, 2023)

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.” Act No. 25 of 2023. (Nov. 6, 2023)

 

Contributors:
Victoria Dutterer—Research Assistant
Avery McLean—Research Assistant
Lonzie Helms—Research Assistant
Audry Thompson—Staff Attorney