October 29, 2024
Agricultural Law Weekly Review—October 29, 2024
Today at Noon—Oct. 29, 2024: Raw Milk—An Overview of State Raw Milk Regulations
Avian Influenza: Pennsylvania Issues General Quarantine Order for Birds and Avian Products 🌾
On October 26, 2024, the Pennsylvania Department of Agriculture (PDA) published in the Pennsylvania Bulletin a notice of a General Quarantine Order (54 Pa.B. 6717) “establishing a temporary prohibition against the display, exhibit or presence of birds and avian products at any Venue or Fair” in the state unless the birds or products meet certain standards under sections eight and nine of the order—primarily a determination by PDA that the venue and/or the flock of origin are “free of disease.” Under the order, violations will be subject to penalties under the Domestic Animal Law, which could include “revocation of license, criminal prosecution, civil penalties of up to $10,000 per violation, injunctive relief or any combination of those penalties.”
- Webinar Nov. 22, 2024: Understanding the Basics of Animal Disease Control & Quarantines
Conservation Programs: USDA Announces $1.5 Billion for Regional Conservation Partnership Program, Pennsylvania Leads Two Projects
On October 23, the U.S. Department of Agriculture (USDA) announced that the agency had awarded “$1.5 billion for 92 partner-driven conservation projects through the Regional Conservation Partnership Program.” Pennsylvania was named as the lead state for two projects receiving funds: the Pennsylvania Department of Agriculture received $21.25 million for a project titled “Greenhouse Gas and Water Quality Solutions for Pennsylvania Dairies” and the National Hemp Association, Inc. received $19.7 million for a project titled “Monitoring the Impacts of ClimateSmart Hemp Cultivation on the Chesapeake Bay Watershed,” in which Maryland will serve as a partner state.
Biofuels: Supreme Court Grants Certiorari for Renewable Fuel Standard Venue Challenge
On October 21, 2024, the U.S. Supreme Court granted a petition for a writ of certiorari filed by the U.S. Environmental Protection Agency (EPA) in May 2024 asking the Court to decide the appropriate venue for challenges to the agency’s renewable fuel standard (RFS) determinations. United States Environmental Protection Agency v. Calumet Shreveport Refining, L.L.C., et al, No. 23-1229; Calumet Shreveport Refining v. EPA, No. 22-60266 (5th Cir.). EPA argues that the Fifth Circuit’s November 2023 decision denying venue transfer to the D.C. Circuit warrants review because RFS determination challenges are “an issue of national importance” and EPA “denial actions are ‘nationally applicable’ because they are ‘nationwide in scope.’” EPA further argues that the Fifth Circuit’s interpretation is incorrect because it conflicts with the Clean Air Act (CAA) and the Eleventh Circuit’s January 2024 decision. Hunt Refining Company v. U.S. Environmental Protection Agency, No. 22-12535 (11th Cir.).
Pesticides: EPA Finalizes Dacthal Voluntary Cancellation
On October 23, 2024, the U.S. Environmental Protection Agency (EPA) published in the Federal Register a notice (89 FR 84574) finalizing the cancelation of tetrachloroterephthalate (DCPA or Dacthal), as voluntarily requested by the producer of the pesticide, AMVAC Chemical Corporation. Also announced by EPA, the “final cancellation prohibits anyone from distributing, selling or carrying out other similar activities for the remaining pesticide products containing DCPA.” According to the announcement, “AMVAC implemented a plan to identify existing stocks and coordinated a collection process.” EPA states that it “will continue monitoring this process to ensure that the collected DCPA products are disposed in a manner in accordance with applicable laws” and that the agency “plans to release additional information about any remaining stocks in the coming months.” See also, ALWR—Sept. 10, 2024,“EPA Publishes Dacthal Voluntary Cancellation in Federal Register, Opens Comment Period.”
Pesticides: EPA Publishes Final Framework for Interagency Collaboration on Antibacterial, Antifungal Pesticide Risks
On October 10, 2024, the U.S. Environmental Protection Agency (EPA) published in the Federal Register a notice (89 FR 82236) announcing the availability of its final “Framework for Interagency Collaboration to Review Potential Antibacterial and Antifungal Resistance Risks Associated with Pesticide Use,” jointly developed by EPA, the Department of Health and Human Services (HHS), the U.S. Food and Drug Administration (FDA), and the U.S. Department of Agriculture (USDA). Also announced by EPA, the agency states that the “framework establishes a process for EPA to consider input from the other federal agencies when evaluating whether antibacterial or antifungal pesticides might result in the development or spread of resistance and reduce the effectiveness of some human and animal antibacterial and antifungal drugs.” Previously, on September 24, 2024, the agencies signed a memorandum of understanding facilitating their sharing of “non-public information” to “inform EPA’s regulation of pesticides that could potentially compromise the effectiveness of human or animal drugs.”
Food Labeling: EU Court of Justice Says Countries Cannot Prohibit Meat Terms on Plant-Based Products
On October 4, 2024, the Court of Justice of the European Union (CJEU) issued a preliminary ruling (Opinion—French; Abstract—English) holding that EU countries “may not prohibit the use of terms traditionally associated with products of animal origin to designate a product containing vegetable proteins” if “no legal name has been adopted.” Protéines France and Others, C-438/23. Also announced by the court, the case was brought by four plant-based product entities, including Beyond Meat, in response to a French law that “prohibit[ed] the use of names such as ‘steak’ or ‘sausage’” on “processed products containing vegetable proteins, without or even with the inclusion of additional indications such as ‘vegetable’ or ‘soya.’” The court found “that there is no provision of EU law that requires the use of certain legal names for vegetable protein-based products or that prescribes the legal names applicable to products solely on account of the fact that they are defined as being of animal origin, without other indications” and determined the existence of a “rebuttable presumption” that consumers are “adequately protect[ed]” when companies provide label information “in accordance with [existing EU law] . . . including where the sole component or ingredient which they may expect to find in a food designated by a customary name or a descriptive name containing certain terms is wholly substituted.” However, the court noted that “where a national authority considers that the specific arrangements for the sale or promotion of a food mislead the consumer, it may prosecute the food business operator concerned . . . and demonstrate that the . . . presumption has been rebutted.”
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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:
- Dec. 13, 2024, Understanding the Basics of Children, Minors & Farm Work
Dairy Quarterly 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:
- Oct. 29, 2024, Raw Milk—An Overview of State Raw Milk Regulations
Podcasts:
Farmland Legal Energy Podcast
Introduction to Precision Agriculture
An Overview of Critical Minerals
Commercial Energy Payments on Farmland
Resources of Interest:
Nat’l Agric. Law Ctr., Focusing on Foreign Investments: Congressional Considerations on Evaluating Foreign Acquisitions in U.S. Agriculture, Ramie Parsons (Oct. 15, 2024)
Tex. A&M Agric. Law Blog, Land Values 2024 Summary Published, Tiffany Dowell Lashmet (Oct 15, 2024)
Iowa St. Univ. Ctr. Agric. Law & Tax’n, USDA Resources for Producers Impacted by Hurricane Helene & Milton, Kristiana Coutu (Oct. 16, 2024)
Agric. Law & Tax’n Blog, Accumulated Earnings; Starting in Farming; Ag Data and Selling the Farm and Residence, Roger A. McEowen (Oct. 13, 2024)
FEDERAL ACTIONS—EXECUTIVE & LEGISLATIVE
U.S. ENVIROMENTAL PROTECTION AGENCY
EPA Awards $14.4 Million to Improve Local Water Quality, Address Runoff Pollution Across the Mid-Atlantic (Oct. 16, 2024)
U.S DEPARTMENT OF AGRICULTURE (USDA) PRESS RELEASES
USDA Invests $46M in Efforts to Address Food and Nutrition Security (Oct. 18, 2024)
USDA Makes Indemnity Payments to Producers Impacted by Hurricane Helene (Oct. 15, 2024)
USDA Invests in Hispanic-serving Institutions to Strengthen Higher Education in Agriculture (Oct. 15, 2024)
USDA AGENCY PRESS RELEASES:
Agricultural Marketing Service
USDA to Purchase $25 million in Citrus from Domestic Producers Supporting Communities in Need (Oct. 17, 2024)
Agricultural Research Service
Agricultural Research Service Develops Long-Term Roadmap for PFAS in U.S. Agriculture (Oct. 16, 2024)
Farm Service Agency
Federal Emergency Management Agency Designates 4 Pennsylvania Counties Primary Natural Disaster Areas Due to Tropical Storm Debby (Oct. 17, 2024)
National Institute of Food and Agriculture
NIFA Invests $20M in Crop Protection and Pest Management (CPPM) (Oct. 16, 2024)
NIFA Announces Additional $1.4M Investment in Data Science for Food and Agricultural Systems (A1541) (Oct. 16, 2024)
NIFA Invests $1M to Expand Ag-Focused Open Data Framework (ODF) (Oct. 16, 2024)
National Resource Conservation Service
What Can the USDA Natural Resources Conservation Service Do for Your Sugaring Operation? (Oct. 18, 2024)
Rural Development
Biden-Harris Administration Makes Awards to Improve and Expand Affordable Housing for Farmworkers (Oct. 16, 2024)
FEDERAL EXECUTIVE AGENCIES (Federal Register Oct. 13–20, 2024):
Agricultural Department
89 FR 83634 Notice: “Performance Review Board Membership” (Oct. 17, 2024)
89 FR 83446 Notice: “Submission for OMB Review; Comment Request [Outreach and Assistance to Socially Disadvantaged Farmers and Ranchers and Veteran Farmers and Ranchers Program Application and Performance Reporting]” (Oct. 16, 2024)
Agricultural Marketing Service
89 FR 83437 Proposed Rule—Comment Period: “Formulas for Calculating Hourly and Unit Fees for FGIS Services; Correction” (Oct. 16, 2024)
Environmental Protection Agency
89 FR 83474 Notice: “Pesticide Registration Maintenance Fee: Product Cancellation Order for Certain Pesticide Registrations” (Oct. 16, 2024)
Food and Nutrition Service
89 FR 83826 Notice—Comment Period: “Agency Information Collection Activities: Longitudinal Study of SNAP Households AKA The Study of Household Insights and Nutritional Experiences (SHINE)” (Oct. 18, 2024)
89 FR 82969 Notice—Comment Period: “Agency Information Collection Activities: Supplemental Nutrition Assistance Program (SNAP) Benefit Expungement and Off-Line Storage” (Oct. 15, 2024)
Forest Service
89 FR 83622 Rule: “Subsistence Management Regulations for Public Lands in Alaska-Subpart B, Federal Subsistence Board Membership” (Oct. 17, 2024)
89 FR 83447 Notice: “Davy Crockett-Sam Houston Resource Advisory Committee” (Oct. 16, 2024)
89 FR 83448 Notice: “Wenatchee-Okanogan Resource Advisory Committee” (Oct. 16, 2024)
Rural Business-Cooperative Service
89 FR 83827 Notice—Comment Period: “Notice of Solicitation of Applications for the Rural Business Development Grant Programs for Fiscal Year 2025” (Oct. 18, 2024)
89 FR 83449 Notice: “Notice of Funding Opportunity for the Rural Energy for America Program for Fiscal Years 2025, 2026, and 2027” (Oct. 16, 2024)
Rural Utilities Service
89 FR 83833 Notice: Central Electric Power Cooperative, Inc.; Notice of Availability of a Final Environmental Impact Statement” (Oct. 18, 2024)
U.S. HOUSE AGRICULTURE COMMITTEE:
No Agriculture actions Oct. 13–19, 2024.
U.S. SENATE COMMITTEE ON AGRICULTURE, NUTRITION, AND FORESTRY:
No Agriculture actions Oct. 13–19, 2024.
Agriculture-Related Legislative Hearings & Reports
No Upcoming Hearings or Reports
STATE ACTIONS—EXECUTIVE & LEGISLATIVE
PENNSYLVANIA DEPARTMENT OF AGRICULTURE PRESS RELEASES
Shapiro Administration Invests $4 Million to Grow Ag Industry, Expand Fresh, Affordable Food Access Across Pennsylvania (Oct. 16, 2024)
PENNSYLVANIA EXECUTIVE AGENCIES (Pa. Bulletin Vol. 54, No. 42—Oct. 19, 2024):
No agriculture-related actions.
PENNSYLVANIA LEGISLATURE
HB 2561 “An Act amending Title 3 (Agriculture) of the Pennsylvania Consolidated Statutes, in race horse industry reform, further providing for State Horse Racing Commission.”
Act No. 106 of 2024 (Oct. 16, 2024)
Contributors:
Riley Amdor—Research Assistant
Victoria Dutterer—Research Assistant
Samuel Sweeten—Research Assistant
Audry Thompson—Staff Attorney
