Agricultural Law Weekly Review – September 5, 2019

Antitrust: USDA Announces Investigation into Tyson Foods Following Plant Fire
On August 28, 2019, U.S. Department of Agriculture, Secretary Sonny Perdue announced an investigation into beef pricing margins following a recent fire at the Tyson Foods beef plant in Holcomb, Kansas.  Tyson Foods stated in a press release that the company maintains several Kansas plants, which created a $2.4 billion impact on the state in 2018.  The investigation will be conducted by the Packers and Stockyards Division (PSD) to determine whether standards  for unfair practices were violated.  PSD will look for “evidence of price manipulation, collusion, [and] restrictions of competition.”  The National Cattlemen’s Beef Association also released a statement in support, stating that the investigation will show transparency and build market confidence.

Industrial Hemp / Cannabis: DEA Posts Notice of Research-Related Marijuana Registrants
On August 27, 2019, the Drug Enforcement Administration (DEA) posted notice in the Federal Register of applications it has received from organizations applying for registration to produce marijuana, marijuana extract, and tetrahydrocannabinols for medical and scientific research (84 FR 44920).  Under the Controlled Substances Act (CSA), both the development and distribution of marijuana is prohibited, except by entities registered under the CSA.  If the registrants are approved, they would be authorized only to cultivate marijuana under their CSA registration.  Any conduct outside the realm of their DEA-approved production activities would be prohibited.  Before determining approval of the registrants, DEA plans to propose new regulations that will guide the program for scientific and medical marijuana research.  According to DEA Acting Administrator Uttam Dhillon, DEA “believe[s] registering more growers will result in researchers having access to a wider variety for study.”  DEA predicts that more strains of marijuana available to researchers “should facilitate research, advance scientific understanding about the effects of marijuana, and potentially aid in the development of safe and effective drug products that may be approved for marketing by the Food and Drug Administration.”  DEA has currently received thirty-three applications and is accepting written comments by mail until October 28, 2019.

Municipal Regulation: Missouri Court Restrains Law that Would Limit Local Regulation of Agricultural Operations
On August 19, 2019, the Circuit Court of Cole County, Missouri issued a temporary restraining order against SB 391 which would invalidate certain county laws or regulations governing agricultural operations, according to a press release from the plaintiff’s attorney.  SB 391 was signed into law on May 31, 2019, and it was scheduled to become effective on August 28, 2019.  SB 391 specifically prohibits counties from governing agricultural operations with laws or regulations “more stringent than any provisions of law, rules, or regulations relating to the Department of Health and Senior Services, environmental control, the Department of Natural Resources, air conservation, and water pollution.”   Several parties brought this lawsuit on August 19, 2019, including The Cedar County Commission, Cooper County Public Health Center, Friends Of Responsible Agriculture, and three Missouri landowners.  According to the plaintiffs, SB 391 prevents local governments from establishing health regulations relating to air emissions from concentrated animal feeding operations.  Conversely, the Missouri Cattlemen’s Association has issued a statement that SB 391 provides for regulations based on scientific and expert oversight.  The court will hold a preliminary injunction hearing on September 16, 2019.

From National Ag Law Experts:
Paul Goeringer and Nerice Millet-Williams, A Look at 2019 Land Values Nationally, Maryland, and Delaware (August 20, 2019)
Christina Cole, Hemp on the Move: Legal Issues Arise with Interstate Transport (August 29, 2019)
The National Agricultural Law Center, The Ag & Food Law Blog, To Cure or Not to Cure: Groups Petition USDA Labeling Requirements (September 3, 2019)

Federal Actions and Notices:
Environmental Protection Agency
“General Provisions: Incorporation by Reference of State Plans; Final Rule” (August 30, 2019)

Farm Service Agency/Commodity Credit Corporation
“Agriculture Risk Coverage and Price Loss Coverage Programs” (September 3, 2019)

Agricultural Marketing Service
“Reorganization and Transfer of Regulations” (August 30, 2019)

Rural Business-Cooperative Service
“Notice of Solicitation of Applications for the Rural Energy for America Program for Fiscal Year 2020” (August 30, 2019)

National Institute of Food and Agriculture
“Solicitation of Veterinary Shortage Situation Nominations for the Veterinary Medicine Loan Repayment Program (VMLRP)” (August 30, 2019)

Pennsylvania Actions and Notices:
Department of Environmental Protection
“Applications, Actions and Special Notices, THE CLEAN STREAMS LAW AND THE FEDERAL CLEAN WATER ACT” (August 31, 2019)
“Proposed State Implementation Plan Revision for Regional Haze; Best Available Retrofit Technology; Public Hearings” (August 31, 2019)

Fish and Boat Commission
“Title 58—RECREATION, Special Regulations Counties” (August 31, 2019)

Milk Marketing Board 
“PROPOSED RULEMAKING, Milk Marketing Fees” (August 31, 2019)

Office of Attorney General 
“PROPOSED RULEMAKING, Unfair Market Trade Practices” (August 31, 2019)

Pennsylvania Department of Agriculture:
“Agriculture Department Invites Pennsylvania Students to Help Fight Spotted Lanternfly” (September 3, 2019)
“Wolf Administration Convenes Inaugural Dairy Future Commission” (September 3, 2019)
“Wolf Administration Announces Opportunities for Pennsylvania’s Hemp Industry to Lead” (August 28, 2019)

Penn State Research:
“Research Predicts Stability of Mosquito-Borne Disease Prevention” – Penn State News (August 26, 2019)
“Moving Faster in a Crowd: Examining Cell Particle Movement” – Penn State News (August 30, 2019)

Follow us on Twitter at PSU Ag & Shale Law (@AgShaleLaw) to receive AgLaw HotLinks:
“North Dakota’s Contentious ‘Trespass Bill’ in Study Stage” – Bismarck Tribune
“Nitrate Study Putting Dairy Farmers in Litigation Crosshairs” – Feedstuffs
“Much Fridge Food ‘Goes There to Die’” – Agree/EurekAlert
“Ten Scaling Initiatives to Accelerate Food Waste Fight: WRI” – FoodNavigator.com
“Maryland Concerned About Pennsylvania’s Water Plans for Bay” – Agree/Associated Press
“Foreign Tariffs are Falling on US Farmer Not Importer” – Agree/Cobank
“Government Aid Boosts Farm Income” – Farm Progress
“Rabobank: ASF Impacts Becoming Clear” – Meat + Poultry
“Cell-Based Meat Companies Join Forces” – AGree/Politico
“Tensions Heat Up over Glyphosate Debate as French Mayors Limit Herbicide Use” – FoodNavigator.com

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Written by:
Jackie Schweichler—Staff Attorney
Audry Thompson—Research Assistant