October 9, 2023

Agricultural Law Weekly Review—October 9, 2023

Agricultural Labor: Federal Court Denies Preliminary Injunction of February 2023 H-2A Wage Rule 🌾
On September 26, 2023, the U.S. District Court for the Western District of North Carolina issued an order denying a preliminary injunction against the Department of Labor’s (DOL) February 2023 final rule, which amended the H-2A wage rate calculations to include data from non-agricultural occupations. USA Farm Labor v. Su, No. 1:23-cv-00096. The court found that the plaintiff farm employer group “ha[d] not made an adequate showing . . . that the Agency has exceeded its statutory authority or that its construction of the statute is unreasonable,” stating, “The Plaintiffs’ contention that it would be more protective of agricultural workers to consider only agricultural wages is a policy disagreement with the Agency, not a meaningful argument that the Agency’s construction is unreasonable or otherwise impermissible.”  Currently, two other cases remain pending against the February 2023 rule: Florida Growers Association v. Su, No. 8:23-cv-00889 (M.D. Fla.), filed April 21, 2023, and Teche Vermilion Sugar Cane Growers Association v. Su, No. 6:23-cv-00831(W.D. La.), filed June 21, 2023. See also ALWR—March 13, 2023, “Department of Labor Publishes a Final Rule Modifying the Adverse Effect Wage Rate Methodology for H-2A Workers.”

Antitrust: Federal Court Denies Dismissal of Wage-Fixing Suit Against Meat Companies
On September 27, 2023, the U.S. District Court for the District of Colorado entered two separate orders: an order denying a joint motion to dismiss and an order granting Iowa Premium’s motion to dismiss but denying all other defendants’ individual motions to dismiss in a case alleging wage-fixing against eleven meat companies—including JBS, Tyson, Cargill, Hormel, American Foods, Triumph, Seaboard, National Beef, Smithfield, Agri Beef, and Washington Beef—and agricultural data firms Webber, Meng, Sahl and Co., and Agri-Stats, against which the U.S. Department of Justice (DOJ) recently filed a civil antitrust suit. Brown v. JBS USA Food Company, No. 1:22-cv-02946. Against Iowa Premium, the court found “no allegations that JBS shared information obtained from Iowa Premium with other members of the larger conspiracy,” but stated that, against the other defendants, “Plaintiffs have sufficiently plead at least two plus factors, information exchanges and high-level interfirm communications, sufficient to ‘nudge their claim across the line from conceivable to plausible’ and to permit an inference of an unlawful agreement.” The court dismissed motions by Triumph and Seaboard as moot due to a recent settlement agreement. See ALWR—Aug. 21, 2023, “Triumph and Seaboard Reach Settlement in Wage-Fixing Class Action Lawsuit.” For more on antitrust issues, see the Center’s Agricultural Antitrust Issue Tracker.

Antitrust: Department of Justice Files Antitrust Lawsuit Against Agri Stats
On September 28, 2023, the U.S. Justice Department (DOJ) filed a complaint in the U.S. District Court for the District of Minnesota, alleging that Agri Stats, Inc., a meat industry data company, illegally “organiz[ed] and manage[ed] anticompetitive information exchanges among broiler chicken, pork, and turkey processors” in violation of the Sherman Antitrust Act. U.S. v. Agri Stats, No. 0:23-cv-03009. Also announced by DOJ, the agency alleges that Agri Stats published “comprehensive weekly and monthly reports” that “contain recent data relating to sales prices, costs such as worker and farmer compensation and output that are often detailed by facility or company” and makes them available to “participating meat processors, which use the data to set prices and output levels.” DOJ states that Agri Stats’ practices “enable[] and encourage[] processors to use its asymmetrical information exchanges to weaken competition, curb production, and increase prices for purchasers. . . . ultimately harming consumers.” The agency seeks declaratory and injunctive relief. For more on antitrust issues, see the Center’s Agricultural Antitrust Issue Tracker.

Dairy Policy: August 2023 Margin Triggers 8th Dairy Margin Coverage Payment for 2023
On September 29, 2023, the U.S. Department of Agriculture’s (USDA) Farm Service Agency (FSA) announced that the “August milk margin triggered the eighth consecutive payment for dairy producers” under the Dairy Margin Coverage program for 2023. According to the announcement, “August’s income over feed margin is $6.46 per hundredweight (cwt.) with projected DMC payments totaling $120 million.”

Biotechnology: Corteva Agriscience Files Patent Infringement Complaint Against Inari Agriculture
On September 27, 2023, Corteva Agriscience LLC, Pioneer Hi-Bred International, Inc., and Agrigenetics Inc. filed a complaint in the U.S. District Court for the District of Delaware against Inari Agriculture for patent infringement, requesting a jury trial. Corteva Agriscience LLC v. Inari Agriculture, Inc., No. 1:23-cv-01059. The plaintiff companies alleged that Inari utilized a third-party agent to obtain Corteva seeds, illegally exported those seeds outside the United States, and conducted subtle biotechnical trait changes to the seeds in an attempt to obtain U.S. patents. The companies claim irreparable damage to their core business through misappropriation of their seeds and seek declaratory judgment, a permanent injunction, and monetary damages.

Pesticides/Herbicides: EPA Denies Petition to Require Whole Formula and Tank Mix Testing
On September 28, 2023, the U.S. Environmental Protection Agency (EPA) published a response letter denying a 2017 petition (EPA-HQ-OPP-2018-0262), submitted by the Center for Food Safety (CFS), which sought regulatory amendments to “require testing for whole pesticide formulations to account for the toxicological effects of inert ingredients and additives and the testing of tank mixes to assess the interaction between pesticide ingredients.” Although EPA published CFS’s petition in the Federal Register in December 2018 for public comment (83 FR 65672), the agency took no further action and, in October 2022, CFS filed a complaint in the U.S. District Court for the Northern District of California seeking to compel EPA action. Center for Food Safety v. Environmental Protection Agency, No. 4:22-cv-06001. Also announced by CFS, EPA issued the denial letter in accordance with a consent decree settling the 2022 litigation. For more on pesticides, see materials from Understanding the Basics of Pesticides.  

Pesticides/Herbicides: Justice Department Files Complaint Alleging EBay Sold Unregistered, Misbranded Pesticides
On September 27, 2023, the Department of Justice (DOJ), representing the Environmental Protection Agency (EPA), filed a complaint in the U.S. District Court for the Eastern District of New York against EBay Inc., alleging that the company unlawfully sold more than 23,000 “unregistered, misbranded or restricted-use pesticides” in violation of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and over 343,000 “aftermarket defeat products” in violation of the Clean Air Act (CAA). United States v. EBay, Inc., No. 1:23-cv-07173. Also announced by DOJ, the complaint alleges that EBay sold the unlawful pesticide products—including “products fraudulently claiming to protect users against the SARS-CoV-2 virus”—“in violation of a stop sale order EPA issued to eBay in 2020 and amended in 2021.” DOJ seeks a declaratory judgement, injunctive relief, and civil penalties against the company. For more on pesticides, see materials from Understanding the Basics of Pesticides.

Biosecurity: USDA Restricts Poultry Imports from France, EU After Countries Vaccinate for High-Path Avian Influenza
On September 29, 2023, the U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) announced that the agency is restricting poultry imports from France “as well as live ducks, duck eggs, and unmitigated/untreated duck products from the APHIS-recognized European Poultry Trade Region . . . [and] Iceland, Switzerland, Liechtenstein, and Norway.” According to the announcement, APHIS is imposing the import restrictions in response to “France’s decision to vaccinate commercial meat ducks against [Highly Pathogenic Avian Influenza (HPAI)],” which the agency states “presents a risk of introducing HPAI into the United States.”

Invasive Species: Illinois Confirms First Spotted Lanternfly Detection
On September 26, 2023, the Illinois Department of Agriculture (IDOA) announced that the agency had confirmed the state’s first spotted lanternfly detection. Although IDOA personnel stated that the agency “ha[s] no reason to believe that widespread plant or tree death will result from its presence,” IDOA requests that sightings be reported to lanternfly@illinois.edu. For more on Spotted Lanternfly, see the Center’s Spotted Lanternfly Issue Tracker.

Conservation Programs: President Biden Vetoes Resolutions, Upholds Endangered Species Protections for Lesser Prairie Chicken and Northern Long-Eared Bat
On September 26, 2023, President Joe Biden vetoed two joint resolutions, S.J. Res. 9 and S.J. Res. 24, to reverse Endangered Species Act (ESA) protections for the lesser prairie-chicken (LEPC) and northern-long-eared bat (NLEB), both of which were published in the Federal Register in November 2022 and became effective in January 2023. According to President Biden’s veto of S.J. Res. 9, reversal of LEPC protections “would . . .risk the extinction of a once-abundant American bird, and create uncertainty for landowners and industries.” The President’s veto of S.J. Res. 24 acknowledged the vital role of “bats . . . to a healthy, functioning ecosystem” and noted that the animals “contribute at least $3 billion annually to the United States agriculture economy through pest control and pollination.” On September 28, 2023, both vetoes were sustained by the Senate.

Antimicrobial Use: FDA Publishes Draft Guidance on Use Durations for Food Animal Antimicrobial Drugs
On September 26, 2023, the U.S. Food and Drug Administration (FDA) published in the Federal Register a notice (88 FR 66009) making available draft guidance for makers of antimicrobial animal drugs to “voluntarily establish defined durations of use for certain antimicrobial new animal drugs used in . . . the medicated feed of food-producing animals . . . that lack a defined duration of use.” The draft guidance is available for public comment until December 26, 2023.

Water Quality: EPA Publishes Final Water Quality Certification Rule Under Clean Water Act
On September 27, 2023, the U.S. Environmental Protection Agency (EPA) published in the Federal Register a final rule (88 FR 66558) “revising and replacing the 2020 regulatory requirements for water quality certification under Clean Water Act (CWA) Section 401.” Under CWA Section 401, “a federal agency may not issue a license or permit to conduct any activity that may result in any discharge into a water of the United States, unless the appropriate state, territory, or authorized Tribe issues a . . . water quality certification or waives certification.” Also announced by EPA, the final 2023 rule implements several new provisions, including requirements for pre-filling meetings, updates to required certification request information, and a new six-month “reasonable period of time” default “for the certifying authority to review the request for certification . . . [i]f the certifying authority and federal agency do not reach an agreement.” The 2023 Rule will go into effect on November 27, 2023.

Water Quality: EPA Approves Ohio’s Lake Erie Phosphorus Pollution Reduction Plan
On September 28, 2023, the U.S. Environmental protection Agency (EPA) announced that it approved Ohio’s Maumee Watershed Nutrient (MWN) Total Maximum Daily Load (TMDL) Project, submitted on June 30, 2023. The project’s stated goal is to “reduce the amount of phosphorous flowing from the Maumee River into Lake Erie’s western basin.” According to the announcement, “EPA has determined that Ohio’s TMDL satisfies all federal statutory and regulatory requirements.” Additionally, EPA stated in a letter, “There must be a focus on reductions from CAFOs by all means—including vigorous enforcement—so that all CAFOs only land apply manure consistent with their nutrient management plans.”

National Agricultural Policy: USDA Issues Fact Sheet on Civil Right Act Title VI Protections
On September 28, 2023, the U.S. Department of Agriculture (USDA) announced the publication of a fact sheet titled “Know Your Rights Under Title VI,” as part of the U.S. National Strategy to Counter Antisemitism. As part of USDA’s commitments under the strategy, the agency states that it will, among other actions, “ensure that [rural] university calendars are inclusive and accommodation policies are made known to faculty and students alike” and “work[] to ensure equal access to all USDA feeding programs for USDA customers with religious dietary needs . . . . includ[ing] increasing commercially available kosher and halal foods . . . expanding the number of kosher or halal certified foods in USDA’s food procurement; training schools on how to meet students’ religious dietary needs for the National School Lunch and School Breakfast programs; and expanding outreach and technical assistance for kosher and halal meat processors.” According to a fact sheet from the White House, “In November, USDA will host a summit in Omaha, Nebraska that will include a diverse group of more than 100 religious leaders . . . to assess the state of antisemitism, highlight effective strategies to counter antisemitism, and build solidarity across faiths.”

Crop Insurance: USDA Announces New ‘Weaned Calf Risk Protection’
On September 29, 2023, the U.S. Department of Agriculture’s (USDA) Risk Management Agency (RMA) published a bulletin making available several documents for Weaned Calf Risk Protection. Also announced by RMA, the option covers “a decline in price and loss of yield due to a decrease of overall weaning weight” and offers coverage levels from 50 to 85% and catastrophic coverage. The new “program will be available in Colorado, Nebraska, South Dakota, and Texas, beginning with the Jan. 31, 2024, sales closing date for the 2024 crop year.”

Crop Insurance: USDA Announces New ‘Controlled Environment’ Program
On September 27, 2023, the U.S. Department of Agriculture’s (USDA) Risk Management Agency (RMA) published a bulletin making available several documents for the Controlled Environment (CE) pilot crop insurance program, available in 25 states for the 2024 crop year. Also announced by RMA, the program “is specifically for plants grown in fully enclosed controlled environments and provides coverage against plant diseases subject to destruction orders.” RMA will host a CE virtual informational session on October 10, 2023.

Conservation Programs: USDA Announces New Eligible Conservation Practices and Priorities, $3 Billion for Conservation
On September 28, 2023, the U.S. Department of Agriculture’s (USDA) Natural Resources Conservation Service (NRCS) announced that the agency had added several practices to the list of eligible activities under the Environmental Quality Incentives Program (EQIP) and increased the eligible national priority areas for the Agricultural Conservation Easements Program (ACEP) for the 2024 year, in addition to making available $3 billion for climate-smart agriculture and forestry. Additional EQIP activities include implementing

  • a “Cover crop to improve moisture use efficiency and reduce salt,”
  • “Feed management” to “reduce enteric methane emissions,”
  • “Brush management to improve wildlife habitat,”
  • “Improved grazing management through monitoring activities,”
  • “Biochar production from woody residue,” and
  • “Switching to a renewable power source,” among others.

 

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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.

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:

Agric. Law & Tax’n Blog, Extended Livestock Replacement Period Applies in Areas of Extended Drought – IRS Updated Drought Areas, Roger McEowen (Sept. 29, 2023)

Southern Ag Today, What Does a Government Shutdown Mean for Farmers?, Ryan Loy (Sept. 29, 2023)

Iowa St. Univ. Ctr. Agric. Law & Tax’n, Federal Agencies Publish New WOTUS Rule after Supreme Court Ruling, Kitt Tovar Jensen (Sept. 28, 2023)

Ohio St. Univ. Ext. Farm Off. Blog, Different Deeds Mean Different Things, Robert Moore (Sept. 28, 2023)

Nat’l Agric. Law Ctr., Court Rules that EPA Must Engage in ESA Consultation When Adopting Water Quality Standards, Brigit Rollins (Sept. 28, 2023)

Ohio St. Univ. Ext. Farm Off. Blog, How Well Do You Know Your Farm Insurance Policy?, Peggy Kirk Hall (Sept. 27, 2023)

Univ. Md. Risk Mgmt. Educ. Blog, Kansas Court Denies Application of Right-to-Farm Law, Paul Goeringer (Sept. 26, 2023)

Tex. A&M Agric. Law Blog, Texas Right to Farm Statute Overview, Tiffany Dowell Lashmet (Sept. 25, 2023)

Agric. Law & Tax’n Blog, Hunting Use Agreements and Recreational Entrants – Legal Issues, Roger McEown (Sept. 24, 2023)

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FEDERAL ACTIONS—EXECUTIVE & LEGISLATIVE

U.S DEPARTMENT OF AGRICULTURE (USDA) PRESS RELEASES

Biden-Harris Administration Makes Available Historic $3 Billion for Climate-Smart Practices on Agricultural Lands Through Investing in America Agenda (Sept. 28, 2023)

USDA, Other Agencies Clarify Protections in Title VI of the Civil Rights Act to Better Protect Against Antisemitism, Islamophobia and Related Forms of Discrimination (Sept. 28, 2023)

USDA Launches Nutrition Hub to Combat Diet-Related Diseases in Underserved Communities (Sept. 28, 2023)

USDA Sees Record Demand to Advance Clean Energy in Rural America Through President Biden’s Investing in America Agenda (Sept. 27, 2023)

USDA to Begin Issuing $1.75 Billion to Agricultural Producers Through Critical Emergency Relief Programs (Sept. 27, 2023)

USDA Expands Access to School Breakfast and Lunch for More Students (Sept. 26, 2023)

ENVIRONMENTAL PROTECTION AGENCY (EPA) PRESS RELEASES

EPA penalizes American Seafoods Company almost $1M for Clean Water Act violations off Oregon, Washington coasts (Sept. 28, 2023)

New EPA Strategy Directs All EPA Enforcement and Compliance Programs to Help Tackle the Climate Crisis (Sept. 28, 2023)

EPA Finalizes Rule to Require Reporting of PFAS Data to Better Protect Communities from Forever Chemicals (Sept. 28, 2023)

EPA and Justice Department File Complaint Alleging Environmental Violations by eBay (Sept. 27, 2023)

Biden-Harris Administration Announces $235 Million Investment to Assess and Clean up Brownfield Sites Across America (Sept. 26, 2023)

EPA Settles with Two Watsonville, Calif., Companies for Claims of Chemical Safety Violations (Sept. 25, 2023)

USDA AGENCY PRESS RELEASES:

Agricultural Marketing Services (AMS)

Mibo Fresh Foods LLC in Texas Satisfies Terms of Consent Decision and Order Involving Alleged PACA Violations (Sept. 29, 2023)

So Ono Food Products LLC in Hawaii Satisfies Terms of Consent Decision and Order Involving Alleged PACA Violations (Sept. 29, 2023)

USDA Settles a Packers and Stockyards Case with Windsor Livestock Auction Co. Inc. (Sept. 28, 2023)

USDA Settles a Packers and Stockyards Case with Pilgrim’s Pride Corporation (Sept. 28, 2023)

USDA Expands Local Foods in School Meals through Cooperative Agreement with Maine (Sept. 26, 2023)

USDA Announces Its Local Food Purchase Assistance Cooperative Agreement with Arizona (Sept. 25, 2023)

Animal and Plant Health Inspection Service (APHIS)

USDA Protects U.S. Poultry with Restrictions on Poultry and Poultry Products from France and the European Union (Sept. 29, 2023)

APHIS Provides More Than $12 Million in Funding to Control and Prevent Chronic Wasting Disease (Sept. 28, 2023)

APHIS eFile: BRS Multi-year Permits and SOP Template (Sept. 28, 2023)

APHIS Issues Regulatory Status Review Response: Ohalo Genetics Potato (Sept. 26, 2023)

APHIS Issues Regulatory Status Review Response: Growing Together Inc. Hemp (Sept. 26, 2023)

Economic Research Service (ERS)

Livestock and Meat Domestic Data (Sept. 27, 2023)

Food Security in the United States (Sept. 25, 2023)

Farm Services Agency (FSA)

Dairy Margin Coverage Program Provides Critical Support for Dairy Operations (Sept. 29, 2023)

USDA to Begin Issuing $1.75 Billion to Agricultural Producers Through Critical Emergency Relief Programs (Sept. 27, 2023)

Food and Nutrition Service (FNS)

Fact Sheet: One Year of FNS Advancing Goals of the White House Conference on Hunger, Nutrition, and Health (Sept. 28, 2023)

USDA Expands Access to School Breakfast and Lunch for More Students (Sept. 26, 2023)

Food Safety and Inspection Service (FSIS)

Constituent Update – September 29, 2023 (Sept. 29, 2023)

Foreign Agricultural Service (FAS)

Texas Grapefruit Heading to Vietnam (Sept. 26, 2023)

USDA Agribusiness Trade Mission Delegation Arrives in Chile (Sept. 25, 2023)

National Agricultural Statistics Service (NASS)

US corn ending stocks down 1% from last year, soybean ending stocks down 2% (Sept. 29, 2023)

United States hog inventory up slightly (Sept. 28, 2023)

USDA to host virtual Data Users’ Meeting to gather public input on statistical programs (Sept. 27, 2023)

National Institute of Food and Agriculture (NIFA)

NIFA Invests $7M in Capacity Building Grants for Non Land-grant Colleges of Agriculture (Sept. 26, 2023)

NIFA Invests $2.3M in Agricultural Genomes to Phenomes Initiative (Sept. 26, 2023)

NIFA Invests More than $50 Million to Help Boost Organic Farming and Ranching (Sept. 26, 2023)

NIFA Invests $19.6M in Crop Protection and Pest Management (Sept. 26, 2023)

Natural Resources Conservation Service (NRCS)

Biden-Harris Administration Announces Availability of Inflation Reduction Act Funding for Climate-Smart Agriculture Nationwide (Sept. 29, 2023)

Biden-Harris Administration Makes Available Historic $3 Billion for Climate-Smart Practices on Agricultural Lands Through Investing in America Agenda (Sept. 28, 2023)

NRCS Announces Conservation Funding Opportunities for FY 2024 (Sept. 26, 2023)

The Public is Invited to Learn About NRCS Funding Opportunities (Sept. 26, 2023)

Risk Management Agency (RMA)

USDA’s Insurance Option Offers First of Its Kind Risk Management Tool for Cow-Calf Producers (Sept. 29, 2023)

USDA’s New Shellfish Pilot Crop Insurance Program Provides Oyster Producers with More Coverage Options (Sept. 29, 2023)

FEDERAL EXECUTIVE AGENCIES (Federal Register Sept. 25–29, 2023):    

Agriculture Department

88 FR 67225 Notice: “Submission for OMB Review; Comment Request [Farm Service Agency: Farm Loan Program (FLP)—Online Loan Application]” (Sept. 29, 2023)

Animal and Plant Health Inspection Service

88 FR 67225 Notice – Comment Period: “Notice of Request for Revision to and Extension of Approval of an Information Collection; Commercial Transportation of Equines to Slaughter” (Sept. 29, 2023)

88 FR 66304 Proposed Rule – Comment Period: “Importation of Live Dogs for Resale from Regions Where African Swine Fever Exists or Is Reasonably Believed to Exist” (Sept. 27, 2023)

Environmental Protection Agency

88 FR 67097 Rule: “Air Plan Approval; Washington; Southwest Clean Air Agency, General Air Quality Regulations” (Sept. 29, 2023)

88 FR 67102 Rule – Comment Period: “Federal “Good Neighbor Plan” for the 2015 Ozone National Ambient Air Quality Standards; Response to Additional Judicial Stays of SIP Disapproval Action for Certain States” (Sept. 29, 2023)

88 FR 66694 Rule: “Control of Emissions from New, Small Nonroad Spark-Ignition Engines and Equipment” (Sept. 28, 2023)

88 FR 66690 Rule: “Air Plan Approval; WA; Yakima County Outdoor and Agricultural Burning Rule Revisions” (Sept. 28, 2023)

88 FR 66687 Rule: “Air Plan Approval; Indiana; ArcelorMittal and NIPSCO Sulfur Dioxide Revisions” (Sept. 28, 2023)

88 FR 66692 Rule: “Air Plan Approval; Washington; Southwest Clean Air Agency; Emission Standards and Controls for Sources Emitting Gasoline Vapors” (Sept. 28, 2023)

88 FR 66742 Proposed Rule – Comment Period: “Hazardous Waste Management System; Identification and Listing of Hazardous Waste; Proposed Rule” (Sept. 28, 2023)

88 FR 66558 Rule: “Clean Water Act Section 401 Water Quality Certification Improvement Rule” (Sept. 27, 2023)

88 FR 65816 Rule: “Air Plan Revisions; California; Placer County Air Pollution Control District; General Permit Requirements, New Source Review” (Sept. 26, 2023)

Farm Service Agency

88 FR 66361 Notice: “Notice of Funds Availability; Emergency Livestock Relief Program (ELRP) 2022” (Sept. 27, 2023)

Food and Nutrition Service

88 FR 67226 Notice – Comment Period: “Agency Information Collection Activities: Supplemental Nutrition Assistance Program (SNAP) Retailer Applications” (Sept. 29, 2023)

88 FR 66796 Notice – Comment Period: “Agency Information Collection Activities: Pandemic EBT (OMB #0584-0660)” (Sept. 28, 2023)

88 FR 65778 Rule: “Child Nutrition Programs: Community Eligibility Provision-Increasing Options for Schools” (Sept. 26, 2023)

Food Safety and Inspection Service

88 FR 66372 Notice – Comment Period: “Notice of Request to Renew an Approved Information Collection: Egg Products Hazard Analysis and Critical Control Point and Sanitation Standard Operating Procedures” (Sept. 27, 2023)

Forest Service

88 FR 67228 Notice: “Newspapers Used for Publication of Legal Notices by the Intermountain Region, Utah, Idaho, Nevada, and Wyoming” (Sept. 29, 2023)

National Agricultural Statistics Service

88 FR 65652 Notice – Comment Period: “Notice of Intent to Reinstate a Previously Approved Information Collection” (Sept. 25, 2023)

U.S. HOUSE AGRICULTURE COMMITTEE:

H.R.5750 “To direct the Nuclear Regulatory Commission, the Secretary of Energy, and the Secretary of Agriculture to collaborate to determine the feasibility of creating the Green Nuclear Fertilizer Program, and for other purposes.” Referred to the Committee on Agriculture. (Sept. 27, 2023)

H.R.5462 “To amend the Federal Meat Inspection Act and the Poultry Products Inspection Act to require that the slaughter date, package date, freeze date, and country of origin be labeled on meat and poultry products.” Referred to the Subcommittee on Livestock, Dairy, and Poultry. (Sept. 26, 2023)

H.R.5701 “No Photo for Food Act of 2023” Referred to the House Committee on Agriculture. (Sept. 26, 2023)

H.R.5459 “Precision Agriculture Workforce Training and Development Act” Referred to the Subcommittee on Conservation, Research, and Biotechnology. (Sept. 26, 2023)

H.R.5315 “Rural Forest Markets Act of 2023” Referred to the Subcommittee on Forestry. (Sept. 26, 2023)

H.R.5079 “To direct the Secretary of Agriculture to publish criteria for the review of requests by certain meat or poultry establishments to operate at alternate inspection rates, to review and respond to such requests, and for other purposes.” Referred to the Subcommittee on Livestock, Dairy, and Poultry. (Sept. 26, 2023)

H.J.Res.92 “Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Food and Nutrition Service relating to “Application of Bostock v. Clayton County to Program Discrimination Complaint Processing-Policy Update”” Referred to the House Committee on Agriculture. (Sept. 26, 2023)

H.R.5160 “Advancing Research on Agricultural Climate Impacts Act of 2023” Referred to the Subcommittee on Conservation, Research, and Biotechnology. (Sept. 25, 2023)

H.R.4943 “Enabling Farmers to Benefit from Processing Nutrition Programs Act of 2023” Referred to the Subcommittee on Nutrition, Foreign Agriculture, and Horticulture. (Sept. 25, 2023)

H.R.4239 “Rebuild Rural America Act of 2023” Referred to the Subcommittee on Commodity Markets, Digital Assets, and Rural Development. (Sept. 25, 2023)

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

S.2998 “A bill to amend the Food and Agriculture Act of 1977 and the Agriculture Improvement Act of 2018 to modify provisions relating to matching funds requirements for research and extension activities at eligible institutions and related reporting requirements.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Sept. 29, 2023)

S.2996 “A bill to amend the Consolidated Farm and Rural Development Act to extend and enhance the Rural Microentrepreneur Assistance Program, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Sept. 29, 2023)

S.2990 “A bill to establish the Benjamin Harrison National Recreation Area and Wilderness in the State of Indiana, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Sept. 28, 2023)

S.2987 “A bill to amend the Farm Security and Rural Investment Act of 2002 to improve biorefinery, renewable chemical, and biobased product manufacturing assistance, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Sept. 28, 2023)

S.2951 “Butcher Block Act of 2023” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Sept. 27, 2023)

S.2943 “Addressing Digestive Distress in Stomachs of Our Youth Act” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Sept. 27, 2023)

S.2936 “A bill to establish as a permanent program the organic market development grant program of the Department of Agriculture.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Sept. 27, 2023)

S.2931 “Protecting Future Farmland Act of 2023” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Sept. 26, 2023)

S.2923 “Snap Back Inaccurate SNAP Payments Act” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Sept. 26, 2023)

S.2917 “Rural Water System Disaster Preparedness and Assistance Act” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Sept. 26, 2023)

STATE ACTIONS—EXECUTIVE & LEGISLATIVE 

PENNSYLVANIA DEPARTMENT OF AGRICULTURE PRESS RELEASES:

DEP Announces Public Comment Meetings Series For Interim Final PA Environmental Justice Policy (Sept. 29, 2023)

PENNSYLVANIA EXECUTIVE AGENCIES (Pa. Bulletin Vol. 53, No. 39—Sept. 30, 2023): 

Department of Agriculture

53 Pa.B. 6057 Notice: “Commercial Feed Ingredients”

53 Pa.B. 6057 Notice: “Fertilizer Terms and Definitions”

Department of Environmental Protection

53 Pa.B. 6062 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. 6115 Notice: “Availability of National Pollutant Discharge Elimination System General Permit for Discharges from Petroleum Product Contaminated Groundwater Remediation Systems (PAG-05)”

53 Pa.B. 6116 Notice: “Environmental Justice Public Comment Meeting; Time Change for October 26, 2023, Meeting”

53 Pa.B. 6116 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; Time Change for October 18, 2023, Meeting”

PENNSYLVANIA LEGISLATURE

HB 1661 “An Act amending the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, further providing for definitions and for prohibited acts and penalties; and providing for secure storage of xylazine.” Reported as committed from AGRICULTURE AND RURAL AFFAIRS (Sept. 27, 2023)

HB 1540 “An Act amending the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, in terms and courses of study, further providing for Commission for Agricultural Education Excellence.”
Reported as amended from AGRICULTURE AND RURAL AFFAIRS (Sept. 27, 2023)

HB 1409 “An Act amending Title 30 (Fish) of the Pennsylvania Consolidated Statutes, in Pennsylvania Fish and Boat Commission, further providing for power to set fees; and, in fishing licenses, further providing for license, permit and issuing agent fees.” Third consideration and final passage (Sept. 27, 2023)

 

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