Agricultural Law Weekly Review – Week Ending April 23, 2021

WOTUS:  EPA Administrator Testifies on WOTUS 🌾
On April 21, 2021, Environmental Protection Agency (EPA) Administrator Michael Regan testified about EPA’s approach to the presently applicable Navigable Waters Protection Rule before the House Committee On Appropriations, Subcommittee on Interior, Environment and Related Agencies.  He stated, “What I’m pledging to do is begin a stakeholder-engagement process involving our ag community — farm bureau, ag CEOs, our environmental community — to look at the lessons learned and how we can move forward . . . that we can provide some certainty to the ag industry where we don’t overburden the small farmer but we also balance.”  He later testified, “We don’t have any intention of going back to the original Obama Waters of the U.S. verbatim and we don’t necessarily agree with everything that was in the Trump administration’s version as well.”

Water Quality: Petition Filed for Conowingo Dam Licensing Rehearing
On April 19, 2021, Chesapeake Bay Foundation, Inc., Lower Susquehanna Riverkeeper, Waterkeepers Chesapeake and ShoreRivers announced their filing of a petition with the Federal Energy Regulatory Commission (FERC) seeking a rehearing of the agency’s March 2021 order issuing a new 50-year license to Exelon Generation Company, LLC for its Conowingo Hydroelectric Project.  According to the petition, because the license called for Maryland to waive water quality certification, which the state had previously issued as a condition of the license, FERC’s issuance of the license is in violation of the Clean Water Act.  The organizations further allege that FERC violated the Federal Power Act and the National Environmental Policy Act by failing to consider the environmental impacts of the license and failing to update the Dam’s environmental impact statement to reflect the current circumstances and available data.  For background, see ALWR—week ending March 19, 2021, “Exelon’s Conowingo Dam Relicensed As Per Settlement with Maryland.”

Right to Farm: Florida Legislature Expands Right to Farm Law
On April 22, 2021, the Florida legislature passed SB 88, updating the state’s Right to Farm Act to further restrict nuisance actions against farming operations, including requirements that property affected must be located within one-half mile of the farming operation, that the plaintiff must prove by clear and convincing evidence that the operation failed to comply with state or federal environmental laws, regulations, or best management practices, and greatly expanding the definition of a farm operation.  Notably, it now includes agritourism activities as defined in Section 570.86 of Florida Statutes.  The legislation was presented to Florida Governor Ron DeSantis for signature on April 22 and the deadline for a veto is April 29 before it becomes law.

Biotechnology: FDA Withdraws Appeal of Bio-Engineered Salmon Remand Decision
On April 21, 2021, the U.S. Food and Drug Administration (FDA) filed in the U.S. Court of Appeals for the Ninth Circuit a motion to dismiss its recent appeal of a district court decision ordering the agency, without vacatur, to address defects in its approval analysis for 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.).  On April 22, 2021, the Ninth Circuit filed an order dismissing the case.  For background, see ALWR—Week Ending April 16, 2021, “FDA Appeals Bio-Engineered Salmon Analysis Remand to Ninth Circuit” and ALWR—week ending Nov. 6, 2020,“Court Remands FDA Decision on Bio-Engineered Salmon for Additional Analysis.”

Pesticides/Herbicides: EPA Cites Legal Error in Sulfoxaflor Registration, Requests Remand Without Vacatur
On April 15, 2021, in a U.S. Court of Appeals for the Ninth Circuit case challenging the U.S. Environmental Protection Agency’s (EPA) 2019 sulfoxaflor registration approval amendments, filed a brief requesting that the court remand the approval to the agency without vacatur, citing “legal error” by EPA.  Center for Food Safety v. Andrew Wheeler, No. 19-72109.  EPA states that it recognizes its failure to comply with the Endangered Species Act (ESA) when it did not issue an effects determination before its decision and that its rationale supporting why the amendments satisfy the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) “could be more robust, particularly in light of the recent decision in Nat’l Family Farm Coal. v. EPA.”  See ALWR—week ending July 24, 2020, “Ninth Circuit Court of Appeals Affirms EPA Registration Approval for Glyphosate-Blend Enlist Duo (2,4-D).”  Additionally, EPA requests the remand without vacatur to prevent environmental and economic harm, stating that vacatur would “likely increase[] the use of older, generally more toxic alternatives . . . [which] could pose greater risk to the very species that Petitioners seek to protect,” and that producers who rely on the pesticide would suffer financial loss.  On April 22, 2021, ten agricultural trade associations filed an amicus brief supporting EPA’s position and detailing the detrimental effects of sulfoxaflor vacatur on producers.

Conservation Programs: USDA Announces Increased Conservation Reserve Program Payments, New Incentives
On April 21, 2021, U.S. Department of Agriculture (USDA) announced opened enrollment with higher payment rates, a new “Climate-Smart Practice Incentive,” and increased acreage for the Conservation Reserve Program (CRP), among other revisions.  According to the announcement, USDA is setting a minimum rental rate for CRP Grasslands and increasing payments, based on the cost of practice establishment, from 10% to 20% for water quality practices and from 20% to 50% for continuous CRP practices.  A slate of “Climate-Smart” CRP practices are designed to increase carbon sequestration and reduce greenhouse gas emissions.  USDA states that it intends to enlist up to 4 million additional CRP acres to meet the current 25-million-acre cap, which will increase to 27 million acres by 2023.  Additionally, USDA announced it will provide $25 million for On-Farm Conservation Innovation Trials (proposals sought by June 21, 2021) and $330 million for Regional Conservation Partnership Program projects.

Specialty Crops: USDA Terminates Specialty Crop Consumer Standards
On April 16, 2021, the U.S. Department of Agriculture (USDA) Agricultural Marketing Service (AMS) published in the Federal Register a final notice titled, “Termination of U.S. Consumer Standards” (86 FR 20114), halting consumer standards for ten specialty crops.  According to the notice and concurrent announcement, the standards, which were initially developed for re-packers and have never been completely implemented by industry, “cause confusion . . . due to their conflicting and outmoded grades and terminology” and have since become “a burden to the U.S. and global produce industry.” In response to the proposed notice, posted for comment on October 28, 2020  (85 FR 68285), AMS states that all four of the comments received approved of the proposal, and that the Food Marketing Institute, Grocery Manufacturers Association, Produce Manufacturers Association, and United Fresh Produce Association have all responded to the agency’s inquiries confirming that the standards are no longer in use.  The termination is effective May 16, 2021.

Water Quality: Penn Future Releases Report
On April 8, 2021, the environmental group Penn Future released a report titled, Underfunded and Polluted: Solutions to Fund Clean Water in Pennsylvania and the Chesapeake Bay Watershed.  According to its Executive Summary, the report contains a legislative agenda that achieves Pennsylvania’s Chesapeake Bay TMDL goals and “$521 million in annual projects to cut water pollution in Pennsylvania’s portion of the Chesapeake Bay Watershed—a goal state policymakers chronically miss by at least $325 million a year, and oftentimes more.”

Agricultural Labor: Labor Contractor Indicted for Supplying Undocumented Workers to Pennsylvania Mushroom Farms
On April 1, 2021, a grand jury indicted Miguel Morales and three of his employees, Jose Luis “Conejo” Morales, Oscar Carrillo-Perez, and Santiago Garcia-Ramirez, on 15 counts of transporting undocumented aliens, 4 counts of providing false statements, and 1 count of conspiracy in the U.S. District Court for the Eastern District of Pennsylvania.  United States v. Morales, No. 2:21-cr-00127.  According to the indictment, Morales supplied workers to mushroom farms in Chester County through his labor leasing company who were not lawfully present in the United States and thus ineligible for legal employment.  Since as early as 2018, Morales provided housing and transportation for the undocumented workers—for which he charged them—and operated a convenience store in Oxford, Pennsylvania where he would take the workers to cash their paychecks.  Morales did not inquire as to the immigration status of prospective employees and did not file W-2s or collect and pay employment taxes for the employees.

Food Labeling: EU Parliament Considers Legislation Prohibiting Use of Dairy Terms with Non-Dairy Products
Currently, legislation pending in the European Parliament may prohibit the use of dairy terms to describe non-dairy products.  Amendment 171, part of legislation package 2018/0218(COD) to amend the Common Agricultural Policy (CAP) from 2021–2027, would revise Annex VII, Part III, point 5 of Regulation (EU) 1308/2013 to specify that the listed dairy terms “shall be protected from any direct or indirect commercial use . . . for comparable products or . . . substitute[] [products].”  The amendment further prohibits the use of the dairy terms with modifiers such as style, type, method, as produced in, imitation, flavour, substitute, like, or similar terms.  The listed dairy terms in Reg. (EU) 1308/2013 include milk, whey, cream, butter, buttermilk, butteroil, cheese, yogurt, and kephir, among others.  The text of 2018/0218(COD) was adopted by the Parliament on October 23, 2020, although the amendments are still “awaiting Parliament’s position” in the first reading.  On February 9, 2021, multiple industry stakeholders issued a letter in opposition to Amendment 171, stating that the legislation would prohibit the terms soy milk and vegetarian cheese.

Animal Welfare: New Zealand Will Halt Export of Live Cattle After Two-Year Transition
On April 14, 2021, New Zealand Minister of Agriculture Damien O’Connor announced that the country will stop exporting livestock by sea after a two-year transition period, citing animal welfare concerns.  Although New Zealand halted the export of cattle for slaughter in 2008, it has continued to export cattle for breeding purposes.  The announcement states that, since 2015, live exports by sea have only accounted for 0.2% of the country’s “primary sector exports” revenue.  However, according to a corresponding press conference, onboard conditions have been a recent concern, spurred partly by a September 2020 shipwreck killing crew and cattle.  The minister stated, “once animals leave New Zealand by sea, we have very limited ability to ensure their wellbeing before they reach their destination.”  While the minister acknowledged the economic benefits received by some producers, he asserted that “New Zealand’s reputation for high standards of animal welfare” were “at the heart of the decision.”

Invasive Species:  USDA Forest Service Releases Definitive Invasive Species Assessment
On April 8, 2021, USDA’s Forest Service announced the release of a 483-page guidebook titled Invasive Species in Forests and Rangelands of the United States: A Comprehensive Science Synthesis for the United States Forest Sector. According to the Forest Service, it serves as a one-stop resource on invasive species present in or threatening all regions of the United States, as well as known control methods, from all taxonomic groups (insects and pathogens, to plants, vertebrates, and aquatic organisms).

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

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

Penn State News, Research & Resources: 

Golf Course Turfgrass Species ‘Remembers’ if it Was Mowed, Develops Differently (Apr. 19, 2021).

Climate-Smart Ag Strategies May Cut Nitrous Oxide Emissions from Corn Production (Apr. 21, 2021).

Webinars:

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, Texas Supreme Court Addresses Postproduction Costs (Apr. 19, 2021).

Marlene van Nelson, Separating Land and Liability (Feb. 28, 2021).

Brigit Rollins, Senate Advances Carbon Market Bill (Apr. 22, 2021).

Nicole Cook, Navigating Maryland’s Open Burn Laws (Apr. 20, 2021).

Peggy Kirk Hall, Federal Bills Target Carbon Reduction Practices on Farms and Forests (Apr. 22, 2021).

Roger A. McEowen, The Revocable Living Trust – Is it For You? (Apr. 22, 2021).

Weekly Featured Graphics

Food & Water Watch, Well-Fed: A Roadmap To A Sustainable Food System That Works For All (April 2021)

AGENCY PRESS RELEASES—STATE/FEDERAL

Pennsylvania Department of Agriculture Press Releases:

Secretary Of Agriculture Announces PA Farm Show Spring Food Fest (Apr. 19, 2021).

Agriculture Secretary: $445,000 In PA Farm Bill Funds Available For Research Projects To Strengthen, Grow Livestock, Poultry Industries (Apr. 21, 2021).

Ag Secretary, Legislators, Humane Officials Warn: Without Funding Fix, Dogs Will Suffer, Taxpayers Take Double Hit (Apr. 22, 2021).

Secretary Of Agriculture Highlights 20 Million-Pound Milestone For State’s Agricultural Surplus System (Apr. 23, 2021).

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

USDA Issues Pandemic Flexibilities for Schools and Day Care Facilities through June 2022 to Support Safe Reopening and Healthy, Nutritious Meals (Apr. 20, 2021).

USDA Invests $21.7M in Research Innovations to Improve Soil Health and Climate Smart Agriculture and Forestry (Apr. 21, 2021).

USDA Seeks Comments on Food System Supply Chains in Response to President Biden’s Executive Order to Support Resilient, Diverse, Secure Supply Chains (Apr. 21, 2021).

FACT SHEET: Update on USDA Activities to Contain the COVID-19 Pandemic (Apr. 21, 2021).

USDA Expands and Renews Conservation Reserve Program in Effort to Boost Enrollment and Address Climate Change (Apr. 21, 2021).

White House Launches Drought Relief Working Group to Address Urgency of Western Water Crisis (Apr. 21, 2021).

On Earth Day, USDA Invests $487 Million in Rural Water, Energy, and Biofuel Infrastructure (Apr. 22, 2021).

U.S. Department of Agriculture Announces Key Staff Appointments and Senior Staff (Apr. 23, 2021).

USDA Expands Nutrition Assistance for Seniors Amid Pandemic with American Rescue Plan Funding (Apr. 23, 2021).

Launching Agriculture Innovation Mission for Climate (Apr. 23, 2021).

USDA Agency Press Releases: 

USDA Withdraws Proposed Changes to the Handling Requirements for Florida Tomatoes, Agricultural Marketing Service (Apr. 19, 2021).

USDA Seeks Comments on Food System Supply Chains in Response to President Biden’s Executive Order to Support Resilient, Diverse, Secure Supply Chains, Agricultural Marketing Service (Apr. 21, 2021).

USDA Poultry Purchase Program Announced, Agricultural Marketing Service (Apr. 23, 2021).

Managing Cattle Grazing Distribution: It’s Not As Simple As It Sounds, Agricultural Research Service (Apr. 20, 2021).

APHIS Removes Zone B from the Giant African Snail (Lissachatina fulica, formally Achatina fulica) List of Regulated Areas, Animal and Plant Health Inspection Service (Apr. 20, 2021).

USDA Illuminates the Jamie L. Whitten Building in Green from April 18th to April 21st to Highlight Invasive Plant Pest Disease and Awareness Month, Animal and Plant Health Inspection Service (Apr. 20, 2021).

APHIS Announces Availability of Funding to Control and Prevent Chronic Wasting Disease, Animal and Plant Health Inspection Service (Apr. 20, 2021).

USDA Asks for the Public’s Help to Protect Citrus in Texas, Animal and Plant Health Inspection Service (Apr. 20, 2021).

Comments Welcome on USDA Advance Notice of Proposed Rulemaking for Regulatory Oversight of Certain Animals Developed Using Genetic Engineering, Animal and Plant Health Inspection Service (Apr. 21, 2021).

Confirmation of COVID-19 in Otters at an Aquarium in Georgia, Animal and Plant Health Inspection Service (Apr. 22, 2021).

USDA Announces Deregulation Extension of Potato Developed Using Genetic Engineering, Animal and Plant Health Inspection Service (Apr. 23, 2021).

USDA Expands and Renews Conservation Reserve Program in Effort to Boost Enrollment and Address Climate Change, Farm Service Agency (Apr. 21, 2021).

USDA Issues Pandemic Flexibilities for Schools and Day Care Facilities through June 2022 to Support Safe Reopening and Healthy, Nutritious Meals, Food and Nutrition Service (Apr. 20, 2021).

USDA Seeks Comments on Food System Supply Chains in Response to President Biden’s Executive Order to Support Resilient, Diverse, Secure Supply Chains, Food and Nutrition Service (Apr. 21, 2021).

USDA Opens Grants Application, Enhances SNAP Customer Service, Food and Nutrition Service (Apr. 23, 2021).

USDA Expands Nutrition Assistance for Seniors Amid Pandemic with American Rescue Plan Funding, Food and Nutrition Service (Apr. 23, 2021).

Private Exporters Report Sales Activity for Mexico, Foreign Agricultural Service (Apr. 20, 2021).

Private Exporters Report Sales Activity for Guatemala, China, and Unknown Destinations, Foreign Agricultural Service (Apr. 23, 2021).

Launching Agriculture Innovation Mission for Climate, Foreign Agricultural Service (Apr. 23, 2021).

USDA’s National Agricultural Classification Survey is Underway, National Agricultural Statistics Service (Apr. 20, 2021).

NASS Honors Three Former Employees in 2021 Hall of Fame Induction, National Agricultural Statistics Service (Apr. 21, 2021).

USDA Invests $21.7M in Research Innovations to Improve Soil Health and Climate Smart Agriculture and Forestry, National Institute of Food and Agriculture (Apr. 21, 2021).

USDA Seeks Proposals for Innovative Approaches to Conservation on Agricultural Lands, Natural Resources Conservation Service (Apr. 21, 2021).

USDA Expands and Renews Conservation Reserve Program in Effort to Boost Enrollment and Address Climate Change, Natural Resources Conservation Service (Apr. 21, 2021).

STATE ACTIONS—EXECUTIVE/LEGISLATIVE

Pennsylvania Executive Agencies (Pa. Bulletin Vol. 51, No. 17—Apr. 24, 2021): 

Department of Agriculture

51 Pa.B. 2275 Notice: “Order; Training and Certification for Certified Parking Meter Inspectors.”

Department of Environmental Protection

51 Pa.B. 2278 Notice: “The Pennsylvania Clean Streams Law And The Federal Clean Water Act: 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.”

Environmental Quality Board

51 Pa.B. 2362 Notice: “Meeting Rescheduled [May 19, 2021].”

Independent Regulatory Review Commission

51 Pa.B. 2362 Notice: “Notice of Filing of Final Rulemakings [Environmental Quality Board:Water Quality Management and National Pollution Discharge Elimination System Permit Application and Annual Fees].”

State Conservation Commission

51 Pa.B. 2368 Notice: “Action on Odor Management Plans for Concentrated Animal Operations and Concentrated Animal Feeding Operations and Volunteers Complying with the Commonwealth’s Facility Odor Management Program.”

Pennsylvania Legislature

HB 766 “An Act amending . . . the Tax Reform Code of 1971, in personal income tax, providing for COVID-19 emergency finance and tax provision; and in corporate net income tax, further providing for reports and payment of tax and for extension of time to file reports [‘PA Corporate Tax Return Due Date’].” Signed by the Governor, Act No. 10 (Apr. 22, 2021).

HB 110 “An Act amending . . . as the Hardwoods Development Council Act, further providing for Hardwoods Development Council.” Re-reported as committed [Senate] (Apr. 19, 2021).

HB 221 “An Act amending ‘An act authorizing the Commonwealth of Pennsylvania and the local government units thereof to preserve, acquire or hold land for open space uses,’ further providing for local taxing options [‘Open Space Land Maintenance’].” Laid on the table [House] (Apr. 20, 2021).

HB 403 “An Act amending Title 53 (Municipalities Generally) of the Pennsylvania Consolidated Statutes, in consolidated county assessment, further providing for assessment of lands divided by boundary lines.” Laid on the table [House] (Apr. 20, 2021).

HB 1261 “An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, in fees, further providing for annual hauling permits; and, in size, weight and load, further providing for conditions of permits and security for damages and providing for permit for movement of commercial implements of husbandry and farm equipment.” Referred to Transportation [House] (Apr. 21, 2021).

HB 1275 “An Act amending . . . the Human Services Code, in public assistance, establishing the Pennsylvania Preferred® Food Bucks Program [PA Preferred Healthy Bucks Pilot Program to assist SNAP recipients].” Referred to Health [House] (Apr. 23, 2021).

SB 251 “An Act amending Title 3 (Agriculture) of the Pennsylvania Consolidated Statutes, repealing provisions relating to fertilizer; providing for fertilizer; in soil and plant amendment, further providing for disposition of funds; in seed, further providing for disposition of funds; establishing the Agronomic Regulatory Account within the General Fund; imposing duties on the Department of Agriculture; and making conforming amendments.” Re-referred to Appropriations [Senate] (Apr. 19, 2021).

SB 434 “An Act amending Title 3 (Agriculture) of the Pennsylvania Consolidated Statutes, in food protection, providing for milk sell by date and best by date labeling.” Re-referred to Appropriations [Senate] (Apr. 20, 2021).

SB 325 “An Act amending . . . the Tax Reform Code of 1971, in sales and use tax, further providing for exclusions from tax [Preserving the Sales Tax Exemption for Multi-Purpose Agriculture Vehicles].” Re-referred to Appropriations [Senate] (Apr. 19, 2021). SB 592 “An Act amending Title 3 (Agriculture) of the Pennsylvania Consolidated Statutes, in retail food facility safety, further providing for license required [Food Safety Mandates for Nonprofits Serving Food 12 Times a Year or Less].” Referred to Agriculture and Rural Affairs [Senate] (Apr. 21, 2021).

FEDERAL ACTIONS—EXECUTIVE/LEGISLATIVE

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

Agriculture Department

86 FR 21269 “Submission for OMB Review; Comment Request [Forest Service: Financial Information Security Request Form]” (Apr. 22, 2021).

86 FR 21270 Notice—Comment Period: “Submission for OMB Review; Comment Request [Farm Service Agency: Emergency Conservation Program and Biomass Crop Assistance Program]” (Apr. 22, 2021).

86 FR 21683 Notice: “Submission for OMB Review; Comment Request [Foreign Agricultural Service: Emerging Markets Program]” (Apr. 23, 2021).

Agricultural Marketing Service

86 FR 20255 Direct Final Rule—Comment Period: “Cotton Research and Promotion Program: Procedures for Conduct of Sign-Up Period” (Apr. 19, 2021).

86 FR 20253 Final Rule: “Tart Cherries Grown in the States of Michigan, New York, Pennsylvania, Oregon, Utah, Washington, and Wisconsin; Modification of Assessment Rate” (Apr. 19, 2021).

86 FR 20476 Notice: “2021/2022 Rates Charged for AMS Services” (Apr. 20, 2021).

86 FR 20480 Notice—Comment Period: “United States Standards for Wheat” (Apr. 20, 2021).

86 FR 20652 Notice—Comment Period: “Supply Chains for the Production of Agricultural Commodities and Food Products” (Apr. 21, 2021).

86 FR 21268 Notice: “Grain Inspection Advisory Committee Meeting” (Apr. 22, 2021).

86 FR 21268 Notice—Comment Period: “United States Standards for Beans-Chickpeas” (Apr. 22, 2021).

86 FR 21667 Proposed Rule—Comment Period: “Irish Potatoes Grown in Certain Designated Counties in Idaho, and Malheur County, Oregon; Modification of Handling Regulations” (Apr. 23, 2021).

Delaware River Basin Commission

86 FR 20628 Final Rule:Comprehensive Plan and Special Regulations With Respect to High Volume Hydraulic Fracturing; Rules of Practice and Procedure Regarding Project Review Classifications and Fees” (Apr. 21, 2021).

Environmental Protection Agency

86 FR 20290 Final Rule, comments accepted: “Metaflumizone; Pesticide Tolerances” (Apr. 19, 2021).

86 FR 20692 Notice—Comment Period: “Pesticide Product Registration; Receipt of Applications for New Active Ingredients-April 2021” (Apr. 21, 2021).

86 FR 20691 Notice—Comment Period: “Pesticide Product Registration; Receipt of Applications for New Uses-April 2021” (Apr. 21, 2021).

86 FR 21729 Notice: “Pesticide Program Dialogue Committee; Notice of Public Meeting” (Apr. 23, 2021).

86 FR 21731 Notice—Comment Period: “Pesticide Registration Review; Proposed Interim Decisions for Several Pesticides; Notice of Availability” (Apr. 23, 2021).

Federal Communications Commission

86 FR 21216 Final Rule: “Establishing a 5G Fund for Rural America” (Apr. 22, 2021).

Federal Emergency Management Agency

86 FR 20386 Notice: “Idaho; Major Disaster and Related Determinations [straight-line winds]” (Apr. 19, 2021).

86 FR 20382 Notice: “Louisiana; Major Disaster and Related Determinations [severe winter storms]” (Apr. 19, 2021).

86 FR 20391 Notice: “North Carolina; Major Disaster and Related Determinations [Tropical Storm Eta]” (Apr. 19, 2021).

86 FR 20382 Notice: “Texas; Major Disaster and Related Determinations [severe winter storms]” (Apr. 19, 2021).

Fish and Wildlife Service

86 FR 20798 Final Rule: “Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Western Distinct Population Segment of the Yellow-Billed Cuckoo” (Apr. 21, 2021).

Food and Drug Administration

86 FR 21675 Proposed Rule: “General Mills, Inc.; Filing of Food Additive Petition” (Apr. 23, 2021).

86 FR 21754 Notice—Comment Period: “Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Infant Formula Requirements” (Apr. 23, 2021).

86 FR 21748 Notice—Comment Period: “Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Record Retention Requirements for the Soy Protein and Risk of Coronary Heart Disease Health Claim” (Apr. 23, 2021).

Food and Nutrition Service

86 FR 20654 Notice—Comment Period: “Agency Information Collection Activities: School Meals Operations Study: Evaluation of the COVID-19 Child Nutrition Waivers and Child Nutrition Programs” (Apr. 21, 2021).

National Agricultural Statistics Service

86 FR 20481 Notice—Comment Period: “Notice of Intent To Request Revision and Extension of a Currently Approved Information Collection” (Apr. 20, 2021).

Natural Resources Conservation Service

https://www.federalregister.gov/

Small Business Administration

86 FR 21430 Notice—Comment Period: “Reporting and Recordkeeping Requirements Under OMB Review” (Apr. 22, 2021).

86 FR 21430 Notice: “Presidential Declaration Amendment of a Major Disaster for the State of Oklahoma” (Apr. 22, 2021).

86 FR 21429 Notice: “Presidential Declaration Amendment of a Major Disaster for the State of Texas” (Apr. 22, 2021).

U.S. Customs and Border Protection

86 FR 21188 Final Rule:  “Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Canada” (Apr. 22, 2021).

86 FR 21189 Final Rule: “Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Mexico” (Apr. 22, 2021).

U.S. House Agriculture Committee

H.R.2639 “To establish forest conservation practices through management, reforestation, and utilization which lead to the sequestration of greenhouse gases, and for other purposes.” Referred to the Committees on Agriculture; Foreign Affairs; Natural Resources; Ways and Means; Science, Space and Technology; and Education and Labor (Apr. 19, 2021).

H.R.2644 “To provide direct funding to local, Tribal, and territorial governments to establish Green New Deal programs and initiatives, and for other purposes.” Referred to the Committees on Energy and Commerce; Transportation and Infrastructure; Natural Resources; Agriculture; Financial Services; Education and Labor; and the Judiciary (Apr. 19, 2021).

H.R.2649 “To decriminalize cannabis, to establish an Equitable Licensing Grant Program in the Small Business Administration, and for other purposes.” Referred to the Committees on Energy and Commerce; the Judiciary; Agriculture; Natural Resources; and Small Business (Apr. 19, 2021).

H.R.2682 “To establish an Outdoor Restoration Fund for restoration and resilience projects, and for other purposes.” Referred to the Committees on Agriculture and Natural Resources (Apr. 20, 2021).

H.R.2698 “To extend the jurisdiction of the Commodity Futures Trading Commission to include oversight of markets which set reference prices for aluminum premiums, and for other purposes.” Referred to the House Committee on Agriculture (Apr. 20, 2021).

H.R.2712 “To ensure that certain loan programs of the Small Business Administration are made available to cannabis-related legitimate businesses and service providers, and for other purposes.” Referred to the Committees on Small Business; Energy and Commerce; the Judiciary, Natural Resources; and Agriculture (Apr. 20, 2021).

H.R.2713 “To provide for equitable treatment for Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa.” Referred to the Committees on Ways and Means; Energy and Commerce; Agriculture; Education and Labor; and Natural Resources (Apr. 20, 2021).

H.Res.332 “Recognizing the duty of the Federal Government to create a Green New Deal.” Referred to the Subcommittee on Water Resources and Environment (Apr. 21, 2021).

H.R.1602 “Eliminate Barriers to Innovation Act of 2021” Received in the Senate and Read twice and referred to the Committee on Banking, Housing, and Urban Affairs (Apr. 22, 2021).

H.R.2756 “To require a study of the barriers to conservation practice adoption on leased agricultural land, and for other purposes.” Referred to the House Committee on Agriculture (Apr. 22, 2021).

H.R.2757 “To require the Natural Resources Conservation Service to review the national conservation practice standards, taking into consideration climate benefits, and for other purposes.” Referred to the House Committee on Agriculture (Apr. 22, 2021).

H.R.2789 “To direct the Secretary of Veterans Affairs to administer a pilot program to employ veterans in positions that relate to conservation and resource management activities.” Referred to the Committees on Veterans’ Affairs; Agriculture; Natural Resources; and Armed Services (Apr. 22, 2021).

H.R.2791 “To direct the Secretary of Agriculture to establish a renewable energy grant program for Puerto Rico and the Virgin Islands of the United States, and for other purposes.” Referred to the Committees on Agriculture; Energy and Commerce; and Science, Space, and Technology (Apr. 22, 2021).

H.R.2803 “To address the impact of climate change on agriculture, and for other purposes.” Referred to the Committees on Agriculture; Ways and Means; Education and Labor;, Energy and Commerce; Oversight and Reform; and House Administration (Apr. 22, 2021).

H.R.2816 “To provide for the Forest Service Legacy Roads and Trails Remediation Program.” Referred to the Committees on Agriculture and Natural Resources (Apr. 22, 2021).

H.R.2820 “To authorize the Secretary of Agriculture to develop a program to reduce barriers to entry for farmers, ranchers, and private forest landowners in certain voluntary markets, and for other purposes.” Referred to the House Committee on Agriculture (Apr. 22, 2021).

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

S.1242 “A bill to establish the Office of Intelligence in the Department of Agriculture, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry (Apr. 20, 2021).

S.1248 “A bill to establish an Outdoor Restoration Fund for restoration and resilience projects, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry (Apr. 20, 2021).

S.1270 “A bill to amend the Richard B. Russell National School Lunch Act to improve the child and adult care food program.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry (Apr. 21, 2021).

S.1328 “A bill to amend the Richard B. Russell National School Lunch Act to reauthorize the farm to school program, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry (Apr. 21, 2021).

S.1251 “Growing Climate Solutions Act of 2021” Committee on Agriculture, Nutrition, and Forestry. Ordered to be reported without amendment favorably (Apr. 22, 2021).

S.1356 “A bill to amend the Food Security Act of 1985 to create permanent payments within the environmental quality incentives program for soil health practices and carbon sequestration monitoring, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry (Apr. 22, 2021).

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Top #AgLaw HotLinks Apr. 19–23, 2021  

Rural Forest Market Bill Could Open Door On Carbon Markets, Brownfield

Proposition 12 Legal Challenge Underway, Brownfield

USDA Ends COVID Food Box Program, Feedstuffs

New Sustainability Framework Assesses Entire Poultry Supply Chain, MEAT+POULTRY

Bringing Broadband To All Rural Americans Could Cost Up To $150 Billion

USDA Rolls Out More COVID Relief to Ag Sector, Feedstuffs

Redding Announces $300,000 to Boost Pa. Grown Products, Morning Ag Clips

U.S. Dairy Applauds New Dairy Donation Program, Morning Ag Clips

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