October 1, 2023

Agricultural Law Weekly Review—October 2, 2023

National Agricultural Policy: GAO Decision Finds USDA’s Use of Commodity Credit Corporation Funds Lawful 🌾
On September 20, 2023, the U.S. Government Accountability Office (GAO) published a decision concluding that the U.S. Department of Agriculture (USDA) “did not violate the [Commodity Credit Corporation (CCC)] Charter Act or the Antideficiency Act when it used CCC funds for programs that were not specifically included in its [FY 2021] budget submission to Congress” because the “Government Corporation Control Act (GCCA) does not require corporations to delineate specific programs in their budget submissions prior to carrying them out.” Additionally, the GAO decision found that USDA’s Partnerships for Climate-Smart Commodities (PCSC) program “is not a part of the grant program authorized by [the Environmental Quality Incentives Program (EQIP)] and, accordingly, not subject to EQIP’s restrictions.” Instead, GAO determined that, “because the principal purpose of PCSC is to expand the market for climate-smart agricultural commodities . . . [it] is authorized under section 5(e) of the CCC Charter Act, which authorizes USDA to use CCC funds to expand domestic markets for agricultural commodities.” According to recent media reports from Agri-Pulse on September 15, 2023, and National Hog Farmer on September 20, 2023, USDA “has agreed to use [CCC] funds to spend nearly $1.4 billion . . . to help farm groups market their commodities overseas, and another $1.1 billion to pay for commodity-based international food aid.” An additional article from Agri-Pulse reported that “House Agriculture Committee Chairman Glenn ‘GT’ Thompson . . . [stated] that he had seen the USDA letter [to the Senate and House Appropriations Committees detailing the CCC spending plan]” and a statement from House Appropriations member Andy Harris referenced the September 15 Agri-Pulse article.

Dairy Policy: USDA Publishes ‘2020 Report to Congress on Dairy Promotion and Research Program and Fluid Milk Processor Promotion Program’
As of September 25, 2023, the U.S. Department of Agriculture (USDA) Agricultural Marketing Service (AMS) has published its 2020 Report to Congress on the Dairy Promotion and Research Program and the Fluid Milk Processor Promotion Program, as required by 7 U.S.C. § 4514. The publication of the 2020 report follows a September 22, 2023 letter from nine congressmembers calling for the publication of the 2020, 2021, and 2022 reports, which were unpublished. The 2021 and 2022 reports have yet to be published on AMS’s Report to Congress on Dairy & Fluid Milk Promotion & Research Programs webpage. For more on Dairy Promotion Programs, see the Center’s Dairy and Dairy Products Law Virtual Resource Room.

Water Quality: Pennsylvania Publishes New CAFO Permit Requirements Effective January 1, 2024
On September 16, 2023, the Pennsylvania Department of Environmental Protection (DEP) published a notice (55 Pa.B. 5853) in the Pennsylvania bulletin titled “Availability of National Pollutant Discharge Elimination System General Permit for Operation of Concentrated Animal Feeding Operations [CAFOs] (PAG-12).” According to the notice, the new permit, effective January 1, 2024, replaces the previous version of the same permit. Additionally, DEP sent a letter to current permittees highlighting several changes from the previous permit, including (a) modification of “the due date for annual reports and . . . [Notice of Intent (NOI)] installment payments . . . from January 1 to December 31” and (b) removal of “language . . . concerning possible revocation of coverage or enforcement action in the event a CAFO fails to submit an annual report or pay an annual [NOI] installment fee.” DEP also states that the new permit includes a “significant change” from the draft General Permit, published on October 1, 2022: “In the draft PAG-12, the Department had proposed a requirement for CAFO applicants to complete and submit a ‘Best Management Practice (BMP) Checklist for Total Maximum Daily Load (TMDL) Waters’ with a PAG-12 renewal Notice of Intent (NOI) when the CAFO is located within a watershed with an approved TMDL. The Department has removed this checklist from the final PAG-12 General Permit package and has replaced it with an internal evaluation process that will be used to guide decision-making concerning PAG-12 eligibility when a CAFO is located in a watershed that is impaired for sediment or nutrients, or both.” According to the letter, all current CAFO permittees must submit a notice of intent (NOI) to remain covered under the 2024 General Permit by December 31, 2023. DEP states that the agency “will publish notice of receipt of every PAG-12 NOI . . . and approval of coverage under the PAG-12 General Permit in the Pennsylvania Bulletin.” The list of modifications being implemented, instructions, and all forms needed, including the notice of intent form, are available at the DEP’s eLibrary website. For background, see ALWR – October 7, 2022, “Pennsylvania DEP Publishes Draft PAG-12 NPDES Permit for CAFOs, Available for Public Comment.”

 

Dairy Policy: Pennsylvania Milk Marketing Board to Hold Hearings for Cost Replacement in Marketing Areas 3, 5, and 6
On September 23, 2023, the Pennsylvania Milk Marketing Board published three notices in the Pennsylvania Bulletin announcing public hearings on cost replacement for Milk Marketing Area No. 3 (53 Pa.B. 6014), Milk Marketing Area No. 5 (53 Pa.B. 6015), and Milk Marketing Area No. 6 (53 Pa.B. 6015). Hearings for all three areas will be on November 1, 2023 at 9:00am, 9:30am, and 9:45am, respectively.

Agricultural Labor: USDA Announces $65 Million for ‘Farm Labor Stabilization and Protection Pilot Program’
On September 22, 2023, the U.S. Department of Agriculture (USDA) announced the opening of the application period for $65 million in grant funding under the Farm Labor Stabilization and Protection Pilot Program (FLSP). USDA states that the FLSP program has three goals: (1) “address current labor shortages in agriculture,” (2) “reduce irregular migration from Northern Central America through the expansion of regular pathways,” and (3) “improve working conditions for all farmworkers.” According to the announcement, the program will award grants from $25,000 to $2 million with a 24-month grant window, “allowing producers to use the grant over the course of two agricultural production seasons.” Grant applications are open until November 28, 2023.

Right to Farm: Kansas Appellate Court Finds Trespass, Nuisance Claims for Manure Pipeline Along Public Easement Not Barred by Right to Farm Act
On August 25, 2023, the Kansas Court of Appeals issued an opinion upholding the lower court’s finding that the Kansas Right to Farm Act did not protect a hog operator from nuisance and trespass claims when, “without the consent of the landowners . . . and for his own private farming needs,” he “installed about two miles of pipeline in the right-of-way next to a public road so he could transport liquified hog waste to fertilize his cropland.” Ross v. Nelson, No. 125274. The court determined that, because the operator did not secure “permission from either the legislature or the landowners,” his pipe installation trespassed on the landowners’ property. Additionally, the court found that because “the alleged nuisance—the application of [manure] through [a] . . . pivot—resulted from [his] trespass,” which the court found “violated state law,” the state’s Right to Farm Act did not bar the landowners’ nuisance claims because the Act only protects “agricultural activities from nuisance claims if those activities comply with ‘federal, state, and local laws.’” For more on Right-to-Farm, see the Center’s Pennsylvania Right to Farm Act Virtual Resource Room.

International Trade: USDA Publishes Report Detailing Quebec’s Bill 96 Impact on Trademark Registration
On September 20, 2023, the U.S. Department of Agriculture’s (USDA) Foreign Agriculture Service (FAS) published a report on Quebec’s passage of Bill 96. According to the report, on June 1, 2022, the Quebec government passed Bill 96 to “reinforce French as the language of legislation and justice” in Quebec, specifically for trademark amendments. Currently, non-French trademarks are permitted in Quebec. However, Bill 96, effective June 1, 2025, will require that all non-French trademarks in Quebec be translated to French unless registered under the Federal Trademarks Act. The law retains an exemption for non-French trademarks registered with the Canadian Intellectual Property Office, provided that no equivalent French trademark is registered.

Food Labeling: Federal Court Allows Class Action Against Starbucks’s ‘Fruit-Based Drinks’ Claims to Continue
On September 18, 2023, the U.S. District Court for the Southern District of New York issued an opinion and order granting in part and denying in part Starbucks’s motion to dismiss a lawsuit alleging that the company violated New York and California consumer protection laws by claiming that its “Refresher” drinks were made from certain fruits that the drinks allegedly did not contain. Kominis v. Starbucks Corporation, No. 1:22-cv-06673. Starbucks argued that (1) “the Products’ names accurately describe the flavors as opposed to the ingredients of the Products,” (2) “its advertising accurately represents the Products’ fruit content,” and (3) “any potential consumer confusion would be dispelled by information available from Starbucks’s baristas.” The court disagreed with all three arguments, stating, “Regardless of whether Starbucks intended for each fruit name in the products to reflect an actual ingredient, a significant portion of reasonable consumers could plausibly be misled into thinking that such is the case.” As a result of the court’s decision, the class action may move forward.

National Agricultural Policy: White House Announces Use of ‘Social Cost of Greenhouse Gases’ in Agency Decisions
On September 21, 2023, the White House issued a press release stating that President Biden “has approved recommendations” from the Interagency Working Group, established under E.O. 13990 of Jan 20, 2021, “on the expanded use of the [Social Cost of Greenhouse Gases] SC-GHG for . . . agency decisions.” According to the press release, the President, pursuant to White House policy established by E.O. 13990, is “directing agencies to consider SC-GHG” in budget development, procurement processes, and “in environmental reviews conducted pursuant to the National Environmental Policy Act (NEPA) as appropriate.” The release stated, “By calculating the costs of climate change impacts on sectors like agriculture, public health, labor productivity, and more, the SC-GHG allows better comparisons to other costs and benefits of agency decisions that may also be presented in dollar figures.” For more on carbon pricing, see the Farmland Energy Podcast, “An Introduction to Carbon Pricing Programs and Agriculture” Parts 1 & 2.

Conservation Programs: White House, AmeriCorps Announce ‘American Climate Corps’
On September 20, 2023, the White House announced the formation of the American Climate Corps, a “workforce training and service initiative” for “careers in the clean energy and climate resilience economy.” According to a concurrent announcement from AmeriCorps, the “American Climate Corps is an interagency partnership between . . . [the] National Oceanic and Atmospheric Administration and the Departments of Labor, Interior, Agriculture, and Energy” and AmeriCorps, which “will serve as the hub for the American Climate Corps.” Additionally, AmeriCorps states that it will partner with the U.S. Forest Service to form “one of the first major partnerships under . . . [the] Climate Corps”—the new AmeriCorps NCCC Forest Corps, “a five-year, $15 million interagency agreement, with the first cohort of 80 members to begin service in the summer of 2024.

Conservation Programs: USDA, Coca-Cola Announce MOU to Renew Water Conservation Partnership
On September 19, 2023, the U.S. Department of Agriculture (USDA) announced that USDA Forest Service and The Coca-Cola Company “signed a memorandum of understanding renewing a 10-year partnership to restore and improve watersheds on national forests and grasslands nationwide.” USDA states that Coca-Cola has “contributed more than $2.6 million to th[e] partnership,” including nearly $900,000 of funding towards projects being implemented in 2023.” According to the announcement, the partnership, which began in 2013, has “[restored] nearly 900 acres of watersheds and replenished more than 634 million gallons of water on national forests and grasslands” and aims to “return a cumulative 2 trillion liters of water to nature and communities globally between 2021–2030.”

Disaster Assistance Programs: USDA Announces $1.75 Billion in Payments Under Emergency Relief and Emergency Livestock Relief Programs
On September 27, 2023, the U.S. Department of Agriculture (USDA) announced that the agency will begin paying “more than $1.75 billion in emergency relief payments to eligible farmers and livestock producers” under Phase Two of the Emergency Relief Program (ERP) and the Emergency Livestock Relief Program (ELRP). According to the announcement, USDA is “closing out” ERP Phase Two and ELRP for 2021 losses. USDA states that the additional ELRP payments “will be automatic with no application required.”

Food Safety: FDA Publishes Draft Guidance on ‘Hazard Analysis and Risk-Based Preventive Controls for Human Food’
On September 26, 2023, the U.S. Food and Drug Administration (FDA) published in the Federal Register a notice (88 FR 66457) making available draft guidance titled “Hazard Analysis and Risk-Based Preventive Controls for Human Food.” Also announced by the agency, the guidance contains two new draft chapters: “Chapter 11—Food Allergen Program” and “Chapter 16—Acidified Foods.” According to the notice, the draft guidance is neither effective nor final.

Environmental Credit Trading: Meat Trade Group Publishes GHG Assessment Guidance
On September 19, 2023, the North American Meat Institute (NAMI) announced the publication of a case study titled “Greenhouse Gas Emissions Surveys in the Meat Sector: A Practical Guide to Support Development of Science-Based GHG Reduction Targets.” The case study states that it provides “a step-by-step, practical guide to help meat companies conduct a detailed inventory of Scope 1, 2, and 3 greenhouse gas emissions [GHGs]” from which to develop “science-based targets” for GHG reduction. The study models data from Longmont Sausage, a fictional meat company with 2,000 employees that “owns and operates nine USDA-inspected production facilities in four states [and] three . . . production facilities in Asia.” For background, see ALWR—July 23, 2021, “Trade Groups Form Protein PACT.”

 

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CENTER PROGRAMS & RESOURCES

Podcasts:

Agricultural Law Podcast

246. EPA’s Revised WOTUS Rule Conforming to Sackett (Sept. 25, 2023)

245. USDA Guaranteed Loan Debt Relief for Financially Distressed Borrowers; Maryland Supreme Court Nixes Ammonia Air Emissions Inclusion in CAFO permit (Sept. 19, 2023)

244. EPA Releases Draft Herbicide Strategy for Endangered Species Listings; Eleventh Circuit Panel Remands Prior Glyphosate Preemption Decision (Sept. 11, 2023)

Farmland Legal Energy Podcast

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

157. An Introduction to Carbon Pricing Programs and Agriculture (Part 2) (Sept. 12, 2023)

156. An Introduction to Carbon Pricing Programs and Agriculture (Part 1) (Sept. 5, 2023)

Events:

Dairy Quarterly Legal Webinar Series. A free quarterly Zoom webinar series covering 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.

  • Tues. Oct. 17, 2023, noon–1 pm (ET), Risk Management/Income & Revenue Protection

Medicaid Look-back Ag Professional Continued Education Program with PA Farm Link

  • Wed. Oct. 25, 2023, 1:00–3:00pm (ET). Virtual and in-person at the Sheraton Harrisburg Hershey Hotel. Two hours of substantive CLE credit available for Pennsylvania-licensed attorneys at no cost to attendees. Presenter: MacGregor Brillhart, attorney at Stock & Leader.

ACRE Law 101: Agriculture, Stormwater, and Local Regulations with PA Agricultural Ombudsman Program

  • Thurs. Oct. 26, 10:30am–1:30pm (ET). In-person at Loyalsock Twp Volunteer Fire in Williamsport, PA. CLE and PDH Engineering credits available, lunch provided. Presenter: Robert Willig, Senior Deputy Attorney General for PA Office of the Attorney General.

Understanding Agricultural Law Series. 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:

Where Will Pennsylvania’s Solar Future Be Located and How Will It Get There?

  • Wed. Oct. 25, 2023, 1:00–2:00pm (ET), Virtual. Staff attorney Brook Duer will present with WeConservePA.

Legal Considerations for Retail Farmers Market Part 2

  • Tues. Oct. 31, 2023, noon–1 pm (ET), Virtual. Staff Attorney Brook Duer will present with the Small Business Development Center.

Keystone Crops and Soils Conference

  • Nov. 2, 2023. In person at the Grantville Holiday Inn. Staff Attorney Brook Duer will present “PA Fertilizer Law—What You Need to Know to be Compliant” at 2:00pm.

2023 Annual Agricultural and Environmental Law Conference

  • 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.

Resources of Interest:

Ohio St. Univ. Ext. Farm Off. Blog, What is a Land Contract?, Robert Moore (Sept. 22, 2023)

Southern Ag Today, Ten More States Pass Foreign Land Ownership Laws This Year, Micah Brown (Sept. 22, 2023)

Nat’l Agric. Law Ctr., Recent Federal and State Heat Safety Proposals, Samantha Capaldo (Sept. 21, 2023)

Nat’l Agric. Law Ctr., Resources at a Glance: Foreign Ownership of Ag Land, Micah Brown (Sept. 21, 2023)

Nat’l Agric. Law Ctr., USDA Provides Additional Round of Debt Relief Payments to “Distressed” Farm Borrowers, Micah Brown (Sept. 19, 2023)

Southern Ag Today, Proposition 12 Preliminary Price Impacts, Hannah Hawkins (Sept. 19, 2023)

Agric. Law & Tax’n Blog, Of Accounting Methods, Farmland Leases and Farm Program Benefits, Roger McEowen (Sept. 18, 2023)

Tex. A&M Agric. Law Blog, USDA NASS Publishes Cash Lease Data for 2023, Tiffany Dowell Lashmet (Sept. 18, 2023)

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FEDERAL ACTIONS—EXECUTIVE & LEGISLATIVE

U.S DEPARTMENT OF AGRICULTURE (USDA) PRESS RELEASES

USDA Extends Application Deadline for Discrimination Financial Assistance Program to January 13 (Sept. 22, 2023)

USDA Launches Program to Support Agricultural Employers and Farmworkers, Aiming to Increase Economic and Supply Chain Resilience as Part of President Biden’s Investing in America Agenda (Sept. 22, 2023)

USDA Invests Nearly a Half Billion Dollars in the Food for Progress and McGovern Dole Programs to Strengthen Global Food Security Using US Commodities (Sept. 21, 2023)

USDA Announces Approval of D-SNAP for Florida Disaster Areas (Sept. 20, 2023)

As USDA Sees Record Interest in Conservation and Clean Energy Programs, Swift Implementation of Inflation Reduction Act Funding Continues (Sept. 19, 2023)

ENVIRONMENTAL PROTECTION AGENCY (EPA) PRESS RELEASES

Biden-Harris Administration Announces $7.5 Billion in Available Financing for Water Infrastructure Projects (Sept. 21, 2023)

Biden-Harris Administration Announces Availability of $4.6 Billion in Competitive Grants to Cut Climate Pollution as Part of Investing in America Agenda (Sept. 20, 2023)

Biden-Harris Administration Announces Commitment to Advancing Water Equity and Access for All (Sept. 20, 2023)

EPA Reaches Agreement with California Department of Corrections over Claims of Clean Water Act Violations (Sept. 19, 2023)

EPA, State and Local Officials Celebrate 25 Zero-Emission Clean School Buses Awarded to City of West Springfield, Mass. (Sept. 18, 2023)

USDA AGENCY PRESS RELEASES:

Agricultural Marketing Services (AMS)

Agricultural Marketing Services (AMS) USDA Awards Over $15 Million in Funding to Expand Market Opportunities for U.S. Agricultural Producers (Sept. 21, 2023)

USDA Cites Burbano Corporation, d/b/a CasaBella Farms Corp. in Florida for PACA Violations (Sept. 20, 2023)

USDA Restricts PACA Violators in California, New York and Texas from Operating in the Produce Industry (Sept. 19, 2023)

Animal and Plant Health Inspection Service (APHIS)

USDA Hosts Third African Swine Fever Action Week October 2 – 6, 2023 (Sept. 22, 2023)

Economic Research Service (ERS)

Scenarios of Global Food Consumption: Implications for Agriculture (Sept. 21, 2023)

COVID-19 Working Paper: Unpriced Commodity Inventory and COVID-19 Pandemic Assistance (Sept. 19, 2023)

Farm Services Agency (FSA)

USDA Launches Program to Support Agricultural Employers and Farmworkers, Aiming to Increase Economic and Supply Chain Resilience as Part of President Biden’s Investing in America Agenda (Sept. 22, 2023)

USDA Provides $5 Million in Second Round of Payments to Help Organic Dairy Producers Cover Increased Costs (Sept. 20, 2023)

Food and Nutrition Service (FNS)

FNS awards cooperative agreement to streamline enrollment in WIC through data matching (Sept. 21, 2023)

FNS Awards $421,471 to the Mississippi Department of Human Services to Improve Recipient Fraud Prevention, Detection and Investigation Efforts (Sept. 20, 2023)

Food Safety and Inspection Service (FSIS)

New USDA Study on Consumer Kitchen Behavior Underscores the Importance of Food Safety Education Month (Sept. 19, 2023)

Foreign Agricultural Service (FAS)

USDA Invests Nearly a Half Billion Dollars in the Food for Progress and McGovern Dole Programs to Strengthen Global Food Security Using US Commodities (Sept. 21, 2023)

FAS Highlights Climate-Smart Ag to South American Visitors (Sept. 19, 2023)

National Institute of Food and Agriculture (NIFA)

NIFA Invests $4.1 Million to Study the Social Impacts of Innovation in Agriculture (A1642) (Sept. 20, 2023)

USDA NIFA and APHIS Invest $8.7M in AFRI Projects Targeting SARS-CoV-2 (Sept. 20, 2023)

NIFA Invests $26.7 Million in Phase II Funding of Small Business Agricultural Innovations (SBIR/STTR) (Sept. 20, 2023)

Natural Resources Conservation Service (NRCS)

Florida Agricultural Landowners Encouraged to Apply for Regional Conservation Partnership Program Land Management and Rentals (Sept. 22, 2023)

USDA Invests $70 Million to Expand Conservation Assistance to Underserved Producers (Sept. 20, 2023)

Risk Management Agency (RMA)

USDA’s New Crop Insurance for Tropical Storms Benefits Producers Impacted by Idalia (Sept. 20, 2023)

FEDERAL EXECUTIVE AGENCIES (Federal Register Sept. 18–22, 2023):   

Agriculture Department

88 FR 65359 Notice: “Submission for OMB Review; Comment Request [Food Safety and Inspection Service: Consumer Labeling Research Focus Group]” (Sept. 22, 2023)

88 FR 65359 Notice: “Submission for OMB Review; Comment Request [Food and Nutrition Service: Turnip the Beet! High Quality Summer Meals Program]” (Sept. 22, 2023)

88 FR 64881 Notice: “Submission for OMB Review; Comment Request [Foreign Agricultural Service: International Agricultural Education Fellowship Program]” (Sept. 20, 2023)

88 FR 64401 Notice: “Submission for OMB Review; Comment Request [National Agricultural Statistics Service: Iowa Commercial Horticulture Food Crop Survey]” (Sept. 19, 2023)

88 FR 64401 Notice: “Submission for OMB Review; Comment Request [Agricultural Marketing Service: Specialty Crops Market News Reports]” (Sept. 18, 2023)

Environmental Protection Agency

88 FR 65389 Notice—Comment Period: “Notice of Availability of Draft NPDES Non-Contact Cooling Water General Permit” (Sept. 22, 2023)

88 FR 64909 Notice—Comment Period: “Pesticide Product Registration; Receipt of Applications for New Uses (August 2023)” (Sept. 20, 2023)

88 FR 64910 Notice: “Farm, Ranch, and Rural Communities Advisory Committee (FRRCC); Notice of Public Meeting” (Sept. 20, 2023)

88 FR 64819 Rule—Comment Period: “Flonicamid; Pesticide Tolerances” (Sept. 20, 2023)

88 FR 64429 Notice—Comment Period: “Pesticide Registration Review; Proposed Interim Decision for Tetrachlorvinphos; Notice of Availability” (Sept. 19, 2023)

88 FR 63951 Notice: “Clean Air Act Operating Permit Program; Order on Petitions for Objection to State Operating Permit for Suncor Energy, Inc. Plant 2 (East Plant)” (Sept. 18, 2023)

Farm Service Agency

88 FR 64402 Notice—Comment Period: “Information Collection Requests; Generic Clearance for the Collection of Qualitative Customer Feedback on the Service Delivery (0560-0286)” (Sept. 19, 2023)

Food and Nutrition Service

88 FR 64756 Proposed Rule—Comment Period: “Provisions To Improve the Supplemental Nutrition Assistance Program’s Quality Control System” (Sept. 19, 2023)

88 FR 63833 Rule: “Child Nutrition Program Integrity” (Sept. 18, 2023)

Forest Service

88 FR 65360 Notice: “Upper Lake Ranger District; California; Pine Mountain Late-Successional Reserve Habitat Protection and Enhancement Project; Withdrawal of Draft Environmental Impact Statement” (Sept. 22, 2023)

88 FR 65151 Notice—Comment Period: “Information Collection; Locatable Minerals” (Sept. 21, 2023)

National Institute of Food and Agriculture

88 FR 65152 Notice: “Notice of Stakeholder Listening Session Regarding Administration of the Veterinary Medicine Loan Repayment Program and Veterinary Services Grant Program” (Sept. 21, 2023)

U.S. HOUSE AGRICULTURE COMMITTEE:

H.R.5601 “To decriminalize and deschedule cannabis, to provide for reinvestment in certain persons adversely impacted by the War on Drugs, to provide for expungement of certain cannabis offenses, and for other purposes.” Referred to the Subcommittee on Highways and Transit. (Sept. 21, 2023)

H.R.5364 “TREES Act” Referred to the Subcommittee on Forestry. (Sept. 21, 2023)

H.R.4455 “Community Facilities Program for Rural Clean School Bus Infrastructure Act” Referred to the Subcommittee on Commodity Markets, Digital Assets, and Rural Development. (Sept. 21, 2023)

H.R.934 “To require the Secretary of Agriculture to carry out activities to suppress wildfires, and for other purposes.” Ordered to be Reported (Amended) by Voice Vote. (Sept. 20, 2023)

H.R.5062 “To amend the Agricultural Marketing Act of 1946 to direct the Secretary of Agriculture to establish a program under which the Secretary will award grants to specialty crop producers to acquire certain equipment and provide training with respect to the use of such equipment.” Referred to the Subcommittee on Nutrition, Foreign Agriculture, and Horticulture. (Sept. 19, 2023)

H.R.4838 “Specialty Crop Security Act of 2023” Referred to the Subcommittee on Nutrition, Foreign Agriculture, and Horticulture. (Sept. 19, 2023)

H.R.4835 “Revitalizing Rural Communities Act of 2023” Referred to the Subcommittee on Commodity Markets, Digital Assets, and Rural Development. (Sept. 19, 2023)

H.R.4815 “Bridging the SNAP Gap Act of 2023” Referred to the Subcommittee on Nutrition, Foreign Agriculture, and Horticulture. (Sept. 19, 2023)

H.R.4739 “Protecting America’s Orchardists and Nursery Tree Growers Act” Referred to the Subcommittee on General Farm Commodities, Risk Management, and Credit. (Sept. 19, 2023)

H.R.3200 “Gateway Community and Recreation Enhancement Act” Subcommittee Hearings Held. (Sept. 19, 2023)

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

S.2903 “Parity for Alaska Native and Native Hawaiian Students in Agriculture Act” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Sept. 21, 2023)

S.2898 “Supporting Farmworkers’ Mental Health Act” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Sept. 21, 2023)

S.2890 “Producer and Agricultural Credit Enhancement Act of 2023” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Sept. 21, 2023)

S.2885 “SNP Act of 2023” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Sept. 21, 2023)

S.2884 “A bill to delay the implementation of a rule relating to the importation of sheep and goats and products derived from sheep and goats, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Sept. 21, 2023)

S.2876 “School Lunch Debt Cancellation Act of 2023” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Sept. 21, 2023)

S.2874 “Fresh Produce Procurement Reform Act of 2023” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Sept. 20, 2023)

STATE ACTIONS—EXECUTIVE & LEGISLATIVE 

PENNSYLVANIA DEPARTMENT OF AGRICULTURE PRESS RELEASES:

Shapiro Administration Awards $1.6 Million To 39 Foodbanks, Pantries, And Soup Kitchens To Expand Emergency Food Access Across Pennsylvania (Sept. 19, 2023)

PENNSYLVANIA EXECUTIVE AGENCIES (Pa. Bulletin Vol. 53, No. 38—Sept. 23, 2023): 

Department of Agriculture

53 Pa.B. 5781 Notice: “List of Pesticides Which May be used by Medical Marijuana Growers and Processors”

Department of Conservation and Natural Resources

53 Pa.B. 5892 Rule: “Conservation of Pennsylvania Native Wild Plants”

53 Pa.B. 5933 Notice: “Conservation and Natural Resources Advisory Council Public Meeting”

Department of Environmental Protection

53 Pa.B. 5933 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. 6005 Notice: “Issuance of General Plan Approval and/or General Operating Permit for Coal-Mine Methane Enclosed Flares (BAQ-GPA/GP-21)”

Milk Marketing Board

53 Pa.B. 6014 Notice: “Hearing and Presubmission Schedule; Milk Marketing Area No. 3”

53 Pa.B. 6015 Notice: “Hearing and Presubmission Schedule; Milk Marketing Area No. 5”

53 Pa.B. 6015 Notice: “Hearing and Presubmission Schedule; Milk Marketing Area No. 6”

Fish and Boat Commission

53 Pa.B. 5914 Rule: “Fishing; Propagation and Introduction of Fish into Commonwealth Waters”

PENNSYLVANIA LEGISLATURE

HB 797 “An Act amending the act of June 1, 1945 (P.L.1242, No.428), known as the State Highway Law, in construction, improvement, maintenance and repair of State highways, providing for native vegetation along highways.” Referred to RULES. (Sept. 22, 2023)

SB 815 “An Act amending the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, in personal income tax, further providing for imposition of tax and for taxability of estates, trusts and their beneficiaries.” Referred to JUDICIARY. (Sept. 21, 2023)

SB 773 “An Act amending the act of April 17, 2016 (P.L.84, No.16), known as the Medical Marijuana Act, in preliminary provisions, further providing for definitions; in medical marijuana organizations, further providing for limitations on permits and providing for additional dispensary permits authorized, for application and issuance of additional dispensary permits and for limitations on other additional permits or licenses; and, in academic clinical research centers and clinical registrants, further providing for definitions.” Referred to HEALTH. (Sept. 21, 2023)

SB 382 “An Act amending the act of November 26, 1978 (P.L.1375, No.325), known as the Dam Safety and Encroachments Act, further providing for definitions and for projects affecting submerged lands of the Commonwealth.” Referred to ENVIRONMENTAL RESOURCES AND ENERGY. (Sept. 19, 2023)

SB 282 “An Act preventing the Commonwealth from dealing with persons associated with the Government of Russia or the Government of Belarus; and imposing duties on the Treasury Department and the Attorney General.” Re-reported as committed. (Sept. 18, 2023)

 

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