Agricultural Law Weekly Review – Week Ending April 16, 2021

COVID-19:  Farmer to Families Food Box Program Ends; Fresh Produce Box Purchases and Dairy Donation Program Planned 🌾
According to statements made by Secretary Vilsack posted to USDA’s website on April 14, 2021, the Farmer to Families Food Box Program will be terminated at the close of April 2021 when the current funded vendor contracts end.  On April 14. 2021, Reuters reported that USDA Communications Director Matt  Herrick stated USDA is focused on different hunger initiatives, including expanding food stamp benefits and increasing food purchases through existing government food distribution programs.  On April 9, 2021, USDA released a Pre-Solicitation Announcement informing potential vendors that The Emergency Food Assistance Program (TEFAP) would be funding purchases of fruits and vegetables for boxes to be distributed through TEFAP until September 30, 2021 and containing details on vendor qualifications and participation in a solicitation once it is issued.  In addition, USDA published a notice that it would soon implement a new $400 million “Dairy Donation Program,” (DDP) authorized in the Consolidated Appropriation Act of 2021, to facilitate timely donation of dairy products to the charitable food system. The DDP regulations have not yet been published, but minimum requirements are contained in the announcement including information on donor reimbursement which can be retroactive under the Act.  Regarding reimbursement, USDA stated that “dairy organizations can plan on a rate of reimbursement equal to the minimum classified value of the milk when the donated product was processed.”

Ag-Gag Statutes: Iowa Legislature Passes Fourth Iteration of an ‘Ag-Gag’ Law, Addressing Content-Neutral Audio and Video Recording
On April 12, 2021, both chambers of the Iowa legislature passed House File 775, which creates an aggravated misdemeanor, or class D felony on subsequent offense, for anyone who knowingly enters private property without consent of the owner and obtains bodily fluids, “substances,” or “any product from an agricultural animal,” or soil, air, or water from land or structures used in agricultural crop or animal production.  The legislation, which now heads to Iowa Governor Kim Reynolds for signature, also establishes the same penalties for anyone who trespasses onto private property and knowingly places or uses a camera or electronic surveillance device on the property.  The bill is the fourth piece of Iowa legislation since 2019 addressing trespassing and unauthorized data collection on agricultural property.  The most recent, titled Food Operation Trespass, was signed into law in June 2020, after two prior laws were declared unconstitutional by federal courts.  See ALWR—week ending June 12, 2020, “Iowa Enacts Food Operation Trespass Law That is Content Neutral;” ALWR—Dec. 5, 2019, “Federal Court Enjoins Iowa from Enforcing Ag Trespassing Law;” ALWR—Mar. 21, 2019, “Iowa Governor Signs Ag Trespass Bill;” and ALWR—Jan.17, 2019, “Court Strikes Down Iowa Law Criminalizing Undercover Investigations on Farms.”

Water Quality: Maryland Appeals Ruling Requiring Ammonia Air Emission Inclusion for Clean Water Act NPDES Permits
On April 12, 2021, the Maryland Department of the Environment (MDE) announced the filing of a notice of appeal from a March 11, 2021 Montgomery County Circuit Court decision ordering the agency to account for ammonia air emissions when issuing Clean Water Act-authorized NPDES discharge permits.  For background, see ALWR—week ending March 19, 2021, “Maryland Court Orders MDE to Regulate Ammonia Air Emissions Under State’s Clean Water Act Expansion.”  According to the announcement, MDE states that it has been consistent in its interpretation of federal and state law, regulating air emissions under Clean Air Act permits and not Clean Water Act discharge permits, and asserts that if the decision remains in effect, the agency could be required to modify existing discharge permits for facilities such as wastewater treatment plants and issue discharge permits for a broad variety of activities that generate air emissions, including vehicles, landfills, and power plants.

Water Quality: Delaware Poultry Plant Settles Class Action and Regulatory Enforcement Suits for estimated $205 Million
On April 12, 2021, the Superior Court of the State of Delaware issued an opinion approving a $65 million settlement in a class action suit alleging that contaminated wastewater from a Millsboro, Delaware poultry processing plant owned by Arkansas-based Mountaire Corp. caused nearby residents to suffer health and property damage.  Gary Cuppels, et al.  v. Mountaire Corp.  et al., No. S18C-06-009.  On the same day, the U.S. District Court for the District of Delaware issued an opinion approving an estimated $140 million consent decree between Mountaire and the Delaware Department of Natural Resources and Environmental Control (DNREC), who had sued the company for permit violations under the Federal Resources Conservation and Recovery Act and the Clean Water Act.  The exact amount with depend upon several conditions in the consent decree.  State of Delaware Department of Natural Resources and Environmental Control v. Mountaire Farms of Delaware, Inc., No. 1:18-cv-00838.  Both the DNREC and area residents filed suit against Mountaire in June 2018 after Mountaire land-applied wastewater with high levels of nitrates onto nearby fields and contaminating the groundwater, following the malfunction of one of the company’s wastewater treatment plants.  The consent agreement with DNREC requires Mountaire to remove existing groundwater contaminants and upgrade their facilities to prevent further groundwater contamination.  The settlement with the Millsboro-area settlement class includes all persons who “owned, leased, resided on, or were employed on a full-time basis at . . . property located in whole or part within both the Groundwater Area and Air Area” affected by the wastewater.  Details on eligibility and how Class members may file claims is contained at Mountairesettlement.com.

Water Quality: Pennsylvania Commonwealth Court Upholds NPDES Permit Allowing Compliance Through Nutrient Credit Purchases
On April 12, 2021, the Commonwealth Court of Pennsylvania issued an unpublished Memorandum Opinion upholding the Pennsylvania Department of Environmental Protection’s (DEP) grant of a national pollutant discharge elimination system (NPDES) permit to Keystone Protein Company, a Pennsylvania poultry processing company owned by the brand Bell & Evans, in a suit brought by environmental advocacy group Food & Water Watch (FWW).  Food & Water Watch v. Dep’t of Envtl. Prot., No. 565 C.D. 2020, No. 621 C.D. 2020, No. 627 C.D. 2020.  FWW claimed that the permit did not comply with the Clean Water act (CWA) because it contained provisions specifically allowing Keystone to participate in nutrient credit trading to meet its nitrogen and phosphorus cap loads.  The court found that, while nutrient credit trading is not expressly mentioned in the Clean Water Act, the EPA has consistently interpreted the CWA to permit nutrient trading as a means to satisfy NPDES effluent limitations including in the Chesapeake Bay TMDL itself and encouraging states to do so.  The court upheld the Pennsylvania Environmental Hearing Board decision and NPDES permit approval, stating that Pennsylvania’s nutrient credit trading program, which allows for a 110% nutrient reduction to credit percentage, “provides more stringent water quality protections than the Clean Water Act.”  There has been no discharge under the NPDES permit at issue (PA 0266345) and this litigation concerns a different Keystone Protein NPDES permit, albeit involving discharge into the same waterways, than the NPDES permit (PA 0080829) which is the subject of federal court litigation in which summary judgment has been entered against Keystone, but no penalty yet set, for at least six years of admitted excess nitrogen discharges.  See ALWR—week ending February 26, 2021,“Federal Judge Grants Summary Judgment Against Keystone Protein for Years of Violating Nitrogen Discharge Permit Levels.”

Packers and Stockyards Act: USDA Sanctions Rome, Pennsylvania Livestock Dealer
On April 2, 2021, USDA announced that it had issued a consent decree on January 15, 2021 against Michelle L. Harnish d/b/a Wyalusing Livestock Market of Rome, Pennsylvania for violations of the Packers and Stockyards Act for failing to maintain her custodial account resulting in cumulative shortages of over $120,000 in 2016 and 2017 and for operating while meeting the definition of insolvent under the law.  The decree included a $6,000 civil penalty and a cease and desist condition for remaining licensed.   It is unclear if she remains licensed at this time.

Biotechnology: FDA Appeals Bio-Engineered Salmon Analysis Remand to Ninth Circuit
On April 13, 2021, the U.S. Food and Drug Administration (FDA) filed a notice appealing to the U.S. Court of Appeals for the Ninth Circuit the November 2020 decision of the U.S. District Court for the Northern District of California, which granted summary against the agency and ordered it to redo its analysis supporting its approval of bio-engineered salmon.  Institute for Fisheries Res., et al v. Xavier Becerra, et al, No. 21-15640 (9th Cir.); Institute for Fisheries Resources v. Hahn, No. 3:16-cv-01574 (N.D. Ca.).  The district court found that the agency did not fully analyze the potential effects posed to the wild salmon population by the bio-engineered salmon.  For background, see ALWR—week ending Nov. 6, 2020, “Court Remands FDA Decision on Bio-Engineered Salmon for Additional Analysis.”

Food Safety: FDA’s Leafy Greens Action Plan Updated to Require Consideration of Adjacent Land Use Practices in E-Coli Illness Prevention
On April 6, 2021, The U.S. Food and Drug Administration (FDA) announced the April 2021 updating of its Leafy Green Action Plan, originally published in March 2020, incorporating the results of its investigation into the Fall 2020 e-coli illness outbreak linked to leafy greens grown in the California Central Coast in proximity to cattle grazing (specifically Shiga Toxin-Producing E. coli O157:H7, otherwise referred to as “STEC”).  FDA now specifically recommends that all growers be aware of and consider adjacent land use practices, especially as it relates to the presence of livestock, and conduct appropriate risk assessments and implement risk mitigation strategies.  In addition, FDA reiterated that farms covered by the Food Safety Modernization Act (FSMA) Produce Safety Rule are required to implement science and risk-based preventive measures that prevent the introduction of known or reasonably foreseeable hazards into or onto produce.  FDA now considers the presence of STEC from adjacent lands to be a reasonably foreseeable hazard in areas of the California Central Coast.

Food Safety: FSIS, CDC Issue Safety Alert for Plainville Farms, Wegman’s, Nature’s Promise Ground Turkey
On April 10, 2021, the U.S. Department of Agriculture (USDA) Food Safety and Inspection Service (FSIS) issued a public health alert citing salmonella contamination of 211,406 pounds of raw ground turkey produced by Pennsylvania-based Plainville Brands, LLC with sell-by dates from January 2021.  Labels associated with the health alert include Wegman’s, Nature’s Promise, and Plainville Farms.  On April 12, 2021, the Centers for Disease Control and Prevention (CDC) issued a food safety alert for the products.  Because the affected turkey products are no longer believed to be available for purchase, a recall has not been issued.  Both agencies urge consumers not to eat the products and should throw away or return any of the products in their possession.

Pennsylvania Farm Bill:  $1 million 2021 Farm Vitality Grant Program Announced
On April 9, 2021, Pennsylvania Secretary of Agriculture Russel Redding announced the availability of $1 million for the Farm Vitality Planning Grant program, which will provide $7,500 grants to current and prospective farmers for the provision of professional services for farm planning.  The grants can fund up to 75% of the costs to help develop plans for the management, expansion, and ownership transition or transfer of a farm.  Applicants may use expenses incurred since July 1, 2020 as part of a work plan.  Grant applications will be accepted beginning April 19, 2021 until funding is depleted.

Participate in the Pennsylvania Agriculture Workforce Needs Survey
The PA Department of Agriculture (PDA) and the PA Department of Labor and Industry (L&I) are working together to assess workforce development needs within the agricultural industry and would like to hear from anyone within agriculture who may have experience or insight into workforce issues including training providers, employers, associations, and even ag workers.  The survey was previously closed on March 26, 2021 but has been re-opened and extended until April 30th.

Center for Agricultural and Shale Law Programs & Resources

Webinar: Quarterly Dairy Industry Legal Update, April 27, 2021 at noon EDT – click here to register.
On Tuesday, April 27, 2021, at 12 noon – 1 pm EDT Penn State Law’s Center for Agricultural and Shale Law will be conducting a third webinar in its series titled “Quarterly Dairy Industry Legal Update.” The webinar will cover legal and regulatory developments in the U.S. dairy industry in the first quarter of calendar year 2021 and this quarter’s focus topic will be Federal Milk Marketing Order Reform with our special guest Dr. Andrew Novakovic, Professor Emeritus of Agricultural Economics, Cornell University.  1 hour of substantive CLE credit is available for Pennsylvania licensed attorneys at no charge.

Podcast: Penn State Agricultural Law Podcast, listen to our latest weekly episode here.

Penn State News, Research & Resources:

USDA Grant to Support Expansion of Online Tool for Pollinator Conservation (Apr. 14, 2021)

Dueling Evolutionary Forces Drive Rapid Evolution of Salamander Coloration (Apr. 14, 2021)

Webinars:

‘Food Science in Action’ Virtual Symposium, Penn State College of Agricultural Sciences Dept. Of Food Science, April 23, 2021, 9:00 am EDT

Conversations with the Professionals: Ag Succession and Transition Planning with an Ag Accountant, Penn State Extension, April 27, 2021, 9:00 am EDT

Utility Scale Solar and Siting Considerations: Stormwater, Vegetation, Fencing, and Ag Use, Penn State Extension, April 27, 2021, noon EDT

Hemp Webinar Series: CBD Research Update, Penn State Extension, May 17, 2021, noon EDT

Leasing for Solar Development, Penn State Extension, May 19, 2021, noon EDT

Other Agricultural Law/Policy Resources of Interest: 

Tiffany Lashmet, SCOTUS Rules for Georgia in Water Dispute with Florida (Apr. 12, 2021)

Dr. Marin Bozic, Webinar: Federal Milk Marketing Order Education and Reform Impacts (April 13, 2021

Micah Brown, USDA Aid Initiative: Pandemic Assistance for Producer (Apr. 13, 2021)

Farmdoc Daily, What Questions Should Farmers Ask about Selling Carbon Credits? (April 13, 2021)

Paul Goeringer, More on Scare Guns and the Right-to-Farm Law (Apr. 13, 2021)

Brigit Rollins, Agriculture & The Paris Climate Agreement (Apr. 15, 2021)

Roger A. McEowen, Regulation of Agriculture – Food Products, Slaughterhouse Line Speeds and CAFOs (Apr. 15, 2021)

Peggy Kirk Hall, Ohio Legislative Update (Apr. 16, 2021)

Roger A. McEowen, Is That Old Fence Really the Boundary? (April 17, 2021)

Weekly Featured Graphic:

Agricultural Economic Insights, U.S. Ag Exports and China – A Strong Start for 2021 (April 19, 2021)

AGENCY PRESS RELEASES—STATE/FEDERAL

Pennsylvania Department of Agriculture Press Releases:

Department Of Agriculture Answers Frequently Ask Questions About Dog Wardens Role, Animal Cruelty (Apr. 13, 2021).

Department Of Agriculture Releases COVID-19 Restaurant Enforcement Actions, April 5 – 11, 2021 (Apr. 14, 2021).

Pennsylvania Protects 26 Farms, 2,370 Acres From Future Development (Apr. 15, 2021).

Agriculture Department Funds $300,000 In Projects To Boost Sales Of PA-Grown Agricultural Products (Apr. 15, 2021).

Secretary Of Agriculture Hosts Virtual Discussion Encouraging Confidence In Science To Pennsylvania Ag Industry (Apr. 16, 2021).

U.S. Department of Agriculture (USDA) Press Releases:

USDA Invests More Than $330 Million in Specialty Crops Grants, Incentives to Purchase Fruits and Vegetables, and Help for Cotton Producers (Apr. 13, 2021).

USDA Allocates Up to $10 Million to Partner with California and Oregon to Assist Producers Impacted by Drought in Klamath River Basin (Apr. 14, 2021).

FACT SHEET: Update on USDA Activities to Contain the COVID-19 Pandemic (Apr. 14, 2021).

Statement by Agriculture Secretary Tom Vilsack on the Nomination of Robert Bonnie to Serve as Under Secretary for Farm Production and Conservation (Apr. 16, 2021).

USDA Agency Press Releases:

Pre-Solicitation Announcement for TEFAP Fresh Produce, Agricultural Marketing Service (Apr. 9, 2021).

USDA Provides Notice of Retroactive Reimbursements Under the Dairy Donation Program, Encourages Donation of Surplus Dairy Products, Agricultural Marketing Service (Apr. 13, 2021).

USDA Announces Dates for Pecan Marketing Order Continuance Referendum, Agricultural Marketing Service (Apr. 13, 2021).

USDA Seeks Nominees for the Paper and Packaging Board, Agricultural Marketing Service (Apr. 15, 2021).

USDA to Launch New Electronic Trade Certification System for Dairy, Agricultural Marketing Service (Apr. 16, 2021).

USDA Proposes Scotch, Native Spearmint Oil Salable Quantities, Allotment Percentages, Agricultural Marketing Service (Apr. 16, 2021).

USDA Terminates 10 U.S. Consumer Standards That Impede Effective Marketing of Specialty Crops, Agricultural Marketing Service (Apr. 16, 2021).

USDA Invests More Than $330 Million in Specialty Crops Grants, Incentives to Purchase Fruits and Vegetables, and Help for Cotton Producers, Agricultural Marketing Service (Apr. 13, 2021).

USDA’s Agricultural Research Service Honors Scientists of the Year, Agricultural Research Service (Apr. 13, 2021).

Two Scientists Named to ARS Science Hall of Fame, Agricultural Research Service (Apr. 13, 2021).

USDA Scientist Dr. Steven Mirsky Honored for Outstanding Achievement in Applied Science and Engineering, Agricultural Research Service (Apr. 15, 2021).

USDA Seeks User Feedback on New Agricultural Commodity Import Requirement Portal, Animal and Plant Health Inspection Service (Apr. 13, 2021).

APHIS Seeks Comment on Draft Pest Risk Assessment for the Importation of Eggplant from Morocco, Animal and Plant Health Inspection Service (Apr. 16, 2021).

Reforming Market Access in Agricultural Trade: Tariff Removal and the Trade Facilitation Agreement, Economic Research Service (April 2021).

Weekly Retail Food Sales, Economic Research Service (Apr. 9, 2021).

USDA Announces 2021 Cotton Loan Rate Differentials, Farm Service Agency (Apr. 15, 2021).

USDA Boosts Food Assistance for Homeless Young Adults Seeking Refuge in Shelters, Food and Nutrition Service (Apr. 9, 2021).

Private Exporters Report Sales Activity for China and Bangladesh, Foreign Agricultural Service (Apr. 12, 2021).

FAS Accepting 2021 McGovern-Dole Applications; Webinar April 20, Foreign Agricultural Service (Apr. 12, 2021).

April Crop Production: Agricultural Statistics Board Briefing, Foreign Agricultural Service (Apr. 9, 2021).

Investing in U.S. Food Supply Chain Resiliency, National Institute of Food and Agriculture (Apr. 9, 2021).

NIFA Invests Over $9.5M for Food, Nutrition, and Human Health Promotion, National Institute of Food and Agriculture (Apr. 9, 2021).

NIFA Invests Over $14.3M for Ag Workforce Training and Rural Economic Development, National Institute of Food and Agriculture (Apr. 12, 2021).

USDA Extends Deadline to Comment on Proposed Revisions to National Conservation Practice Standards, Natural Resources Conservation Service (Apr. 14, 2021).

STATE ACTIONS—EXECUTIVE/LEGISLATIVE

Pennsylvania Executive Agencies (Pa. Bulletin Vol. 51, No. 16—Apr. 17, 2021): 

Department of Agriculture

51 Pa.B. 2174 Notice: “Standards and Requirements for the Agricultural Business Development Center Farm Vitality Planning Grant Program.”

Department of Environmental Protection

51 Pa.B. 2227 Notice: “Growing Greener Plus Grants Program; Request for Applications.”

51 Pa.B. 2228 Notice: “Watershed Planning and Restoration Grants through the Section 319 Nonpoint Source Management Program; Request for Applications.”

Pennsylvania Legislature

HB 1163 “An Act amending . . . Tax Reform Code of 1971, in corporate net income tax, further providing for imposition of tax.” Referred to Finance [House] (Apr. 12, 2021).

HB 1152 “An Act providing for duties of original equipment manufacturers relating to diagnosis, maintenance and repair of digital electronic equipment and for enforcement by Attorney General [‘Right to Repair Legislation’].” Referred to Commerce [House] (Apr. 12, 2021).

SB 537 “A Joint Resolution proposing an amendment to the Constitution of the Commonwealth of Pennsylvania, providing for expiration of authority to levy or collect real property taxes on homesteads and farmsteads.” Referred to Finance [Senate] (Apr. 13, 2021).

HR 90 “A Resolution directing the Joint State Government Commission to conduct a study on the shelf life of food in this Commonwealth with an emphasis on locally grown produce and other agricultural food items.” Referred to Agriculture and Rural Affairs [House] (Apr. 15, 2021).

HB 1180 “An Act amending . . . the Liquor Code, providing for adult use cannabis; imposing certain gross receipts tax and excise tax; and making related repeals.” Referred to Liquor Control [House] (Apr. 15, 2021).

FEDERAL ACTIONS—EXECUTIVE/LEGISLATIVE

Federal Executive Agencies (Federal Register Apr. 12–16, 2021): 

Agriculture Department

86 FR 18936 Notice: “Submission for OMB Review; Comment Request [National Agricultural Statistics Service: Water Use Surveys]” (Apr. 12, 2021).

86 FR 18936 Notice: “Submission for OMB Review; Comment Request [Rural Utilities Service: Accounting Requirements for RUS Electric and Telecommunications Borrowers]” (Apr. 12, 2021).

86 FR 19211 Notice—Comment Period: “Submission for OMB Review; Comment Request [Rural Utilities Service: RUS Electric Loan Application and Related Reporting Burdens]” (Apr. 13, 2021).

Agricultural Marketing Service

86 FR 19152 Proposed Rule, referendum order: “Pecans Grown in the States of Alabama, Arkansas, Arizona, California, Florida, Georgia, Kansas, Louisiana, Missouri, Mississippi, North Carolina, New Mexico, Oklahoma, South Carolina, and Texas; Continuance Referendum” (Apr. 13, 2021).

86 FR 19211 Notice—Comment Period: “Revision of a Currently Approved Collection [Regulations Governing the Inspection and Grading of Manufactured or Processed Dairy Products—Record Keeping (Subpart B)]” (Apr. 13, 2021).

86 FR 19788 Proposed Rule—Comment Period: “Soybean Promotion and Research: Adjusting Representation on the United Soybean Board” (Apr. 15, 2021).

86 FR 19869 Notice: “Tomatoes Grown in Florida; Modification of Handling Requirements; Withdrawal” (Apr. 15, 2021).

86 FR 20038 Proposed Rule—Comment Period: “Marketing Order Regulating the Handling of Spearmint Oil Produced in the Far West; Salable Quantities and Allotment Percentages for the 2021-2022 Marketing Year” (Apr. 16, 2021).

86 FR 20114 Notice: “Termination of U.S. Consumer Standards” (Apr. 16, 2021)

Animal and Plant Health Inspection Service

86 FR 19870 Notice—Comment Period: “Notice of Request for Revision to and Extension of Approval of an Information Collection; Importation of Gypsy Moth Host Materials from Canada” (Apr. 15, 2021).

86 FR 20037 Proposed Rule—Comment Period: “Importation of Fresh Avocado Fruit from Continental Ecuador into the Continental United States; Reopening of Comment Period” (Apr. 16, 2021).

Federal Emergency Management Agency

86 FR 18997 Notice—Comment Period: “Proposed Flood Hazard Determinations [Kan., Mich., Wis.]” (Apr. 12, 2021).

86 FR 18999 Notice—Comment Period: “Proposed Flood Hazard Determinations [Fla., Miss., Mont.]” (Apr. 12, 2021).

86 FR 19002 Notice—Comment Period: “Proposed Flood Hazard Determinations [Ill, Wis.]” (Apr. 12, 2021).

86 FR 19580 Final Rule: “Suspension of Community Eligibility [California]” (Apr. 14, 2021).

Fish and Wildlife Service

86 FR 19634 Notice—Comment Period: “Application for an Incidental Take Permit; Renewable (Wind and Solar) Energy, Power Line, and Communication Tower Habitat Conservation Plan for the Lesser Prairie-Chicken; Colorado, Kansas, New Mexico, Oklahoma and Texas” (Apr. 14, 2021).

86 FR 19838 Proposed Rule—Comment Period: “Endangered and Threatened Wildlife and Plants; Threatened Species Status, Section 4(d) Rule, and Designation of Critical Habitat for Panama City Crayfish” (Apr. 15, 2021).

Food and Drug Administration

86 FR 18989 Notice, comments accepted: “Animal Drug User Fee Act; Public Meeting [May 20, 2021]; Request for Comments” (Apr. 12, 2021).

86 FR 18986 Notice, comments accepted: “Animal Generic Drug User Fee Act; Public Meeting; Request for Comments” (Apr. 12, 2021).

86 FR 18988 Notice—Comment Period: “Potential Approach for Ranking of Antimicrobial Drugs According to Their Importance in Human Medicine: A Risk Management Tool for Antimicrobial New Animal Drugs; Reopening of the Comment Period” (Apr. 12, 2021).

86 FR 18991 Notice, comments accepted: “Animal Drug User Fee Act; Stakeholder Consultation Meetings on the Animal Drug User Fee Act Reauthorization; Request for Notification of Stakeholder Intention to Participate” (Apr. 12, 2021).

86 FR 18987 Notice, comments accepted: “Animal Generic Drug User Fee Act; Stakeholder Consultation Meetings on the Animal Generic Drug User Fee Act Reauthorization; Request for Notification of Stakeholder Intention to Participate” (Apr. 12, 2021).

Food Safety and Inspection Service

86 FR 19212 Notice—Comment Period: “Notice of Request for Renewal of an Approved Information Collection (Animal Disposition Reporting)” (Apr. 13, 2021).

86 FR 19215 Notice—Comment Period: “Notice of Request for Revision of an Approved Information Collection (Public Health Information System)” (Apr. 13, 2021).

86 FR 19214 Notice—Comment Period: “Notice of Request to Revise an Approved Information Collection (Requirements to Notify FSIS of Adulterated or Misbranded Product, Prepare and Maintain Written Recall Procedures, and Document Certain HACCP Plan Reassessments)” (Apr. 13, 2021).

86 FR 19217 Notice—Comment Period: “Notice of Request for Renewal of an Approved Information Collection (Voluntary Recalls of Meat, Poultry, and Egg Products)” (Apr. 13, 2021).

National Agricultural Statistics Service

86 FR 18937 Notice—Comment Period: “Notice of Intent to Seek Approval to Reinstate an Information Collection [2022 Census of Agriculture]” (Apr. 12, 2021).

Natural Resources Conservation Service

86 FR 19870 Notice, comments accepted: “Proposed Revisions to the National Handbook of Conservation Practices for the Natural Resources Conservation Service” (Apr. 15, 2021).

Susquehanna River Basin Commission

86 FR 19318 Notice—Comment Period: “Public Hearing [May 6, 2021]” (Apr. 13, 2021).

86 FR 19688 Notice: “Grandfathering (GF) Registration Notice” (Apr. 14, 2021).

86 FR 19686 Notice: “Projects Approved for Consumptive Uses of Water” (Apr. 14, 2021).

U.S. House Agriculture Committee

H.R.2451 “To amend the Internal Revenue Code of 1986 to establish a carbon fee to reduce greenhouse gas emissions, and for other purposes.” Referred to the Committees on Energy and Commerce, Ways and Means, Agriculture, Education and Labor, Transportation and Infrastructure, Financial Services, Science, Space, and Technology, and Natural Resources (Apr. 12, 2021).

H.R.2456 “To amend the Food Security Act of 1985 to provide for the establishment of climate change mitigation bundles, and for other purposes.” Referred to the House Committee on Agriculture (Apr. 12, 2021).

H.R.2477 “To provide support for urban forests, and for other purposes.” Referred to the Committees on Agriculture and Education and Labor (Apr. 13, 2021).

H.R.2468 “To ensure that certain materials used in carrying out Federal infrastructure aid programs are made in the United States, and for other purposes.” Referred to the Subcommittee on Water Resources and Environment (Apr. 14, 2021).

H.R.2500 “To direct the Secretary of Agriculture to assess the use of new technologies across reforestation activities, and for other purposes.” Referred to the House Committee on Agriculture (Apr. 14, 2021).

H.R.2507 “To amend the Agricultural Credit Act of 1978 with respect to pre-agreement costs of emergency watershed protection measures, and for other purposes.” Referred to the House Committee on Agriculture (Apr. 14, 2021).

H.R.2508 “To amend the Food Security Act of 1985 to optimize the sequestration of carbon and the reduction of net emissions through agricultural practices, and for other purposes.” Referred to the House Committee on Agriculture (Apr. 14, 2021).

H.R.2518 “To leverage incentives for the adoption of costly precision agriculture technology, and for other purposes.” Referred to the House Committee on Agriculture (Apr. 14, 2021).

H.R.2527 “To establish a grant program to provide certain eligible entities engaged in food recovery with grants to support certain costs.” Referred to the House Committee on Agriculture (Apr. 14, 2021).

H.R.2534 “To provide incentives for agricultural producers to carry out climate stewardship practices, to provide for increased reforestation across the United States, to establish the Coastal and Estuary Resilience Grant Program, and for other purposes.”  Referred to the Committees on Agriculture, Natural Resources, and Science, Space, and Technology (Apr. 14, 2021).

H.R.2581 “To establish a biochar demonstration project and biochar grant program, and for other purposes.” Referred to the Committees on Agriculture and Science, Space, and Technology (Apr. 15, 2021).

H.R.2585 “To conduct fire salvage on certain National Forest System lands burned by wildfire, and for other purposes.”  Referred to the Committees on Agriculture and Natural Resources (Apr. 15, 2021).

H.R.2606 “To amend the Food Security Act of 1985 with respect to the acceptance and use of contributions for public-private partnerships, and for other purposes.” Referred to the House Committee on Agriculture (Apr. 15, 2021).

H.R.2612 “To provide for forest landscape projects, and for other purposes.’ Referred to the Committees on Agriculture, Natural Resources, and the Judiciary (Apr. 16, 2021).

H.R.2613 “To amend the Food, Agriculture, Conservation, and Trade Act of 1990 to establish a competitive grant program under which the Secretary of Agriculture provides grants to land-grant colleges and universities to support agricultural producers in adopting conservation and innovative climate practices, and for other purposes.” Referred to the House Committee on Agriculture (Apr. 16, 2021).

H.R.2621 “To direct the Secretary of Agriculture to carry out a forestry education and workforce development grant program, and for other purposes.” Referred to the Committees on Agriculture and Education and Labor (Apr. 16, 2021).

U.S. Senate Committee Agriculture, Nutrition, and Forestry:

S.1072 “A bill to provide incentives for agricultural producers to carry out climate stewardship practices, to provide for increased reforestation across the United States, to establish the Coastal and Estuary Resilience Grant Program, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry (Apr. 12, 2021).

S.1092 “A bill to direct the Secretary of Agriculture to establish a program under which the Secretary awards grants to States or State departments of agriculture for the purpose of providing support to agricultural fairs for losses sustained due to COVID-19.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry (Apr. 13, 2021).

S.1107 “A bill to authorize the Secretary of Agriculture to guarantee investments that will open new markets for forest owners in rural areas of the United States, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry (Apr. 13, 2021).

S.1110 “A bill to amend the Agricultural Credit Act of 1978 with respect to preagreement costs of emergency watershed protection measures, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry (Apr. 14, 2021).

S.1170 “A bill to amend the Richard B. Russell National School Lunch Act to improve the efficiency of summer meals.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry (Apr. 15, 2021).

S.1189 “A bill to amend the Food, Agriculture, Conservation, and Trade Act of 1990 to establish a competitive grant program under which the Secretary of Agriculture provides grants to land-grant colleges and universities to support agricultural producers in adopting conservation and innovative climate practices, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry (Apr. 15, 2021).

S.1199 “A bill to release a Federal reversionary interest in Chester County, Tennessee, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry (Apr. 15, 2021).

Connect with the Center on Facebook or on Twitter @AgShaleLaw

Top #AgLaw HotLinks Apr. 12–16, 2021  

Corteva Sheds Dicamba Herbicides, Progressive Farmer DTN

Vilsack: Creating Revenue Streams Key to Farmer Friendly Climate Solutions, Brownfield

Farmer Losing Rented Ground to Solar Industry, Brownfield

Nation’s Eyes on Colorado Meat Fight, Farm Progress

Beyond Meat Expands in U.S., China, Feedstuffs

Ag Groups Call for Bipartisan Infrastructure Package with Rural Focus, Agri-Puls

Groups Petition EPA to Regulate Dairy, Hog Farm Emissions, Meat+Poultry

US Red Meat Exports Catching Up to Pre-Pandemic Levels, Meat+Poultry

Biofuels Producers, Farmers Not Sold on Switch to Electric, Morning Ag Clips

Farmers File Antitrust Lawsuit Against Crop Input Suppliers, Farm Progress

Subscribe to the Pennsylvania Farm Employers’ Listserv (PFEL), an email networking and resource-sharing group about human resources topics exclusively for agricultural operations and producers, by sending an email with “subscribe” in the subject line to pfel-subscribe-request@lists.psu.edu.

Written by:
Audry Thompson—Research Assistant
Brook Duer—Staff Attorney