Agricultural Law Weekly Review – Week Ending April 9, 2021

Antitrust: Court Approves $58 Settlement in Peanut Class Action Suit 🌾
On April 5, 2021, the U.S. District Court for the Eastern District of Virginia approved a $58 million settlement agreement between the plaintiff peanut farmer Settlement Class and defendant peanut shellers Birdsong Corporation and Olam Peanut Shelling Company, Inc. in a civil antitrust class action suit alleging that the defendant companies over- and under-reported peanut inventories to the U.S. Department of Agriculture (USDA) to manipulate prices.  In re Peanut Farmers Antitrust Litigation, No. 2:19-cv-00463.  The approval follows the court’s March 2021 back-to-back orders, absent accompanying explanatory opinions, approving the settlement on March 3, then vacating the approval on March 4.    Under the settlement agreement, Olam has paid $7.75 million and Birdsong has paid $50 million, totaling $57,750,000, into an escrow account along with Archer Daniels Midland (ADM) subsidiary Golden Peanut Company, LLC’s previous $45 million settlement payment, which will be distributed pro rata among approved claimants after the payment of Class Representative service awards and litigation expenses.  See ALWR—week ending March 19, 2021, “ADM Subsidiary Golden Peanut Proposes $45 Million Antitrust Class Action Settlement.”  According to www.PeanutFarmersAntitrustLitigation.com, class members who sold raw, harvested runner peanuts to the defendant companies between January 1, 2014 and December 31, 2019 are eligible to submit a Claim Form, which will be sent at a later date.

Environmental Policy: Environmental Groups Petition EPA to Regulate Methane Emissions from Animal Operations
On April 6, 2021, twenty-five environmental and public interest groups, including Center for Food Safety and Food and Water Watch, announced their filing of a petition with the U.S. Environmental Protection Agency (EPA), requesting that the agency initiate rulemaking under section 111 of the Clean Air Act (CAA) (42 U.S. Code § 7411) to regulate methane emissions from dairy farms with 500 or more cows and swine  operations with 1,000 or more hogs.  The petition calls on the agency to identify operations that utilize liquefied manure management systems as stationary sources of methane emissions that cause or contribute significantly to air pollution that endangers health and welfare and identify such dairy and hog operations as source categories subject to regulation under CAA 111(b)(1)(A).  While the petition concedes that industrial dairy and hog operations do not directly emit ground-level ozone, an acknowledged criteria air pollutant, it states that the facilities do emit nitrogen oxides and volatile organic compounds, “which are precursors to [ground-level] ozone formation.”  The petition also states that industrial animal operations emit particulate matter both directly as dust and indirectly through emissions of ammonia, nitrogen oxides, volatile organic compounds, and sulfur dioxide—all precursors to particulate matter formation.  Additionally, the petition requests that, within one year of such decision, EPA publish regulations under CAA 111(b)(1)(B) to reduce methane from new and existing operations and issue guidelines for standards of performance development under CAA 111(d)(1).  The petition advocates for the “widespread application of sustainable, pasture-based practices” and recommends pasture-based farm emissions as the standard for achievable emission reductions through regulatory action.

Conservation Programs: NRCS Announces New Frameworks Guide for Western Rangeland Conservation
On April 6, 2021, the U.S. Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS) announced new Western Working Lands for Wildlife Frameworks to address western U.S. rangeland threats.  The agency identifies woody encroachment, land-use conversion, exotic annual grass invasion, and riparian and wet meadow degradation as the most severe and large-scale threats, resulting in the loss of more than one million acres of Western rangelands each year.  The frameworks include actions for both the great plains grasslands and sagebrush biome, and include several practices: maximizing the distance between intact grasslands and seed sources to prevent woody plant growth; eliminating seedlings to prevent repopulation; implementing prescribed burns; coordinating management between properties and across property boundaries; and supporting proper grazing management.   NRCS currently provides vegetation data tracking through its Rangeland Analysis Platform, and will also provide annual milestone reporting and science-based evaluations to assess framework implementation.

Participate in 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
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 the focus topic will be Federal Milk Marketing Order Reform with our special guest Dr. Andrew Novakovic, Professor Emeritus of Agricultural Economics, Cornell University. Click here to register for this webinar.  For more information, see the event page on our website.  1 hour of substantive CLE credit is available for Pennsylvania licensed attorneys at no charge to attendees.

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

Penn State News, Research & Resources:

Entomologist to Examine How Plant Domestication Influences Pollinator Evolution (Apr. 7, 2021).

National Journal Highlights Research on Micronutrient’s Disease-Fighting Role (Mar. 25, 2021).

Penn State Entomologists Devise a System to Control Mushroom Phorid Flies (Jan. 28, 2021).

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

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

Other Agricultural Law/Policy Resources of Interest: 

Brigit Rollins, The Public Domain: Basics of the Public Trust Doctrine (Apr. 6, 2021).

Sarah Everhart, What is a Cottage Food? (Apr. 6, 2021).

Roger A. McEowen, Tax Considerations When Leasing Farmland (Apr. 5, 2021).

Elizabeth Rumley, Truth in Labeling Law(suit): Missouri (Apr. 8, 2021).

Agricultural Economic Insights (AEI), Escaping 1980 – Advice for the Next Farm Crisis (April 12. 2021)

Weekly Featured Graphic:

From Agri-Pulse’s free publication titled Agriculture’s Sustainable Future: Feeding more while using less

AGENCY PRESS RELEASES—STATE/FEDERAL

  Pennsylvania Department of Agriculture Press Releases:

48th Pennsylvania Performance-Tested Bull Sale Grosses $252,950 In Online Only Sale (Apr. 6, 2021).

Secretary of Agriculture Visits Rural Vaccine Clinics, Encourages Farmworkers to Seize Opportunity (Apr. 7, 2021).

Secretary of Agriculture Recognizes Benefits of Kennel Inspections for Quality Dog Breeders, Consumers (Apr. 8, 2021).

Secretary of Agriculture Announces $1 Million Farm Vitality Grant Program, Secures Strong Future for Pennsylvania Agriculture (Apr. 9, 2021).

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

USDA Recognizes 5 Million Acres Enrolled in Conservation Easements (Apr. 2, 2021).

FACT SHEET: Update on USDA Activities to Contain the COVID-19 Pandemic (Apr. 7, 2021).

USDA Announces Upcoming Changes to the World Agricultural Supply and Demand Estimates (WASDE) Rice and Soybean Tables (Apr. 8, 2021).

Joint Statement from Interior Secretary Deb Haaland and Agriculture Secretary Tom Vilsack on the Western Water Crisis (Apr. 8, 2021).

Statement by Secretary Vilsack on the President’s FY22 Discretionary Funding Request (Apr. 9, 2021).

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

USDA Agency Press Releases:

USDA Seeks Nominees for the Cattlemen’s Beef Promotion and Research Board, Agricultural Marketing Service (Apr. 7, 2021).

USDA Seeks Comments on Request for Approval of a New Information Collection in Support of Voluntary Grading, Certification and Verification Services, Agricultural Marketing Service (Apr. 7, 2021).

USDA Restricts PACA Violators in California and Texas from Operating in the Produce Industry, Agricultural Marketing Service (Apr. 8, 2021).

Droughts Longer, Rainfall More Erratic Over the Last Five Decades in Most of the West, Agricultural Research Service (Apr. 6, 2021).

USDA Encourages the Public to Protect Plants Against Invasive Pests in April, Animal and Plant Health Inspection Service (Apr. 2, 2021).

APHIS Updates Import Requirements for Carnations from Kenya, Animal and Plant Health Inspection Service (Apr. 7, 2021).

USDA Announces Funding Available to Organizations to Assist Socially Disadvantaged Farmers and Ranchers under Pandemic Assistance for Producers Initiative, Farm Service Agency (Apr. 5, 2021).

Private Exporters Report Sales Activity for Unknown Destinations [soft red winter wheat], Foreign Agricultural Service (Apr. 5, 2021).

USDA Forest Service Distributes $193 Million in Secure Rural Schools Payments, Forest Service (Apr. 2, 2021).

USDA Weekly Crop Progress Reporting Begins, National Agricultural Statistics Service (Apr. 5, 2021).

NIFA Invests $15.5M in Food and Agriculture Cyberinformatics Tools to Boost Agricultural Production, National Institute of Food and Agriculture (Apr. 5, 2021).

NIFA Invests $10.77M in Agricultural Animal Reproduction, Welfare and Wellbeing Research, National Institute of Food and Agriculture (Apr. 8, 2021).

New Frameworks Guide Conservation Action on America’s Working Rangelands, Natural Resources Conservation Service (Apr. 6, 2021).

STATE ACTIONS—EXECUTIVE/LEGISLATIVE

Pennsylvania Executive Agencies (Pa. Bulletin Vol. 51, No. 15—Apr. 10, 2021): 

Department of Environmental Protection

51 Pa.B. 2070 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.”

51 Pa.B. 2136 Notice: “Draft Assessment and Strategy of Pennsylvania’s Coastal Resources Management Program under Section 309 of the Coastal Zone Management Act; Availability for Public Comment.”

51 Pa.B. 2135 Notice: “Availability of Technical Guidance [Closure Requirements for Aboveground Storage Tank Systems].”

Susquehanna River Basin Commission

51 Pa.B. 1988 Proposed Rulemaking: “Review and Approval of Projects.”

Pennsylvania Legislature

House Legislation in the Senate

HB 335 “An Act amending . . . ‘An act for the establishment of a uniform standard of time throughout the Commonwealth,’ observing daylight saving time year-around if authorized by the Congress of the United States.” Referred to State Government [Senate] (Apr. 9, 2021).

HB 755 “An Act amending Title 3 (Agriculture) of the Pennsylvania Consolidated Statutes, in food protection, further providing for rules and regulations [Bottled Water Inspection].” Referred to Agriculture and Rural Affairs [Senate] (Apr. 9, 2021).

HB 523 “An Act amending . . . the General Road Law, further providing for repair of private roads and providing for definitions.” Referred to Local Government [Senate] (Apr. 9, 2021).

House and Senate Legislation

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’].” Third consideration and final passage (201-0) [House] (Apr. 7, 2021).

HB 179 “An Act amending Title 3 (Agriculture) of the Pennsylvania Consolidated Statutes, providing for Food Establishment Pandemic Disease Remediation Cost Reimbursement Grant Program.” Laid on the table [House] (Apr. 7, 2021).

HB 105 “An Act amending . . . the Tax Reform Code of 1971, in personal income tax, further providing for classes of income [Small Business Tax Fairness Package (Former HB’s 105, 1603 & 333)].” Referred to Finance [House] (Apr. 7, 2021).

HB 333 “An Act amending . . . the Tax Reform Code of 1971, in personal income tax, further providing for classes of income [Small Business Tax Fairness Package (Former HB’s 105, 1603 & 333)].” Referred to Finance [House] (Apr. 7, 2021).

HB 395 “An Act amending . . . the Tax Reform Code of 1971, in personal income tax, further providing for classes of income [Small Business Tax Fairness Package (Former HB’s 105, 1603 & 333)].” Referred to Finance [House] (Apr. 7, 2021).

HB 992 “An Act amending . . . the Women’s, Infants’ and Children’s Nutrition Improvement Act, further providing for definitions and providing for Remote eWIC Reloading Pilot Program.” Referred to Health [House] (Apr. 7, 2021).

HB 1036 “An Act amending . . . the Pennsylvania Labor Relations Act, further providing for definitions [‘Equal Rights for Agricultural Workers in Pennsylvania’].” Referred to Labor and Industry [House] (Apr. 7, 2021).

HB 1138 “An Act amending . . . The General County Assessment Law, in subjects of taxation and exemptions, further providing for exemptions from taxation [Property Tax Exemption on Solar Energy Devices (Formerly HB 2226)].” Referred to Finance (Apr. 7, 2021).

SB 450 “An Act amending . . . the Rural Pennsylvania Revitalization Act, in center for rural Pennsylvania, further providing for board of directors.” Referred to Agriculture and Rural Affairs [Senate] (Apr. 9, 2021).

FEDERAL ACTIONS—EXECUTIVE/LEGISLATIVE

Federal Executive Agencies (Federal Register Apr. 5–9, 2021): 

Agriculture Department

86 FR 17769 Notice: “Submission for OMB Review; Comment Request [National Agricultural Statistics Service: Commercial Agricultural Expansion Survey]” (Apr. 6, 2021).

86 FR 17769 Notice: “Submission for OMB Review; Comment Request [National Agricultural Statistics Service: Field Crops Production—Substantive Change]” (Apr. 6, 2021).

Agricultural Marketing Service

86 FR 17768 Notice—Comment Period: “Request for Approval of a New Information Collection for Accounts Payable Information Request” (Apr. 6, 2021).

86 FR 17767 Notice—Comment Period: “Notice of Intent to Request to Conduct a New Information Collection-Generic Clearance” (Apr. 6, 2021).

86 FR 18216 Proposed Rule—Comment Period: “Olives Grown in California; Increased Assessment Rate” (Apr. 8, 2021).

Animal and Plant Health Inspection Service

86 FR 17586 Notice: “Environmental Impact Statement; Movement of Certain Genetically Engineered Organisms: Record of Decision” (Apr. 5, 2021).

86 FR 17587 Notice: “Importation of Dianthus spp. From Kenya” (Apr. 5, 2021).

Environmental Protection Agency

86 FR 17545 Final Rule, comments accepted: “Pyriofenone; Pesticide Tolerances” (Apr. 5, 2021).

86 FR 17917 Final Rule, comments accepted: “Penthiopyrad; Pesticide Tolerance” (Apr. 7, 2021).

86 FR 17907 Final Rule, comments accepted: “Spinetoram; Pesticide Tolerances” (Apr. 7, 2021).

86 FR 17910 Final Rule, comments accepted: “Spinosad; Pesticide Tolerances” (Apr. 7, 2021).

86 FR 17914 Final Rule, comments accepted: “2,2-Dimethyl-1,3-dioxolane-4-methanol; Exemption From the Requirement of a Tolerance” (Apr. 7, 2021).

86 FR 18232 Proposed Rule—Comment Period: “Pesticides; Modification to the Minimum Risk Pesticide Listing Program and Other Exemptions Under FIFRA Section 25(b)” (Apr. 8, 2021).

Fish and Wildlife Service

86 FR 17956 Final Rule: “Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Candy Darter” (Apr. 7, 2021).

86 FR 18014 Proposed Rule—Comment Period: “Endangered and Threatened Wildlife and Plants; 12-Month Petition Finding and Threatened Species Status With Section 4(d) Rule for Suwannee Alligator Snapping Turtle” (Apr. 7, 2021).

86 FR 18189 Final Rule: “Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Yellow Lance” (Apr. 8, 2021).

Food and Drug Administration

86 FR 17607 Notice—Comment Period: “Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Food Labeling; Calorie Labeling of Articles of Food in Vending Machines and Nutrition Labeling of Standard Menu Items in Restaurants and Similar Retail Food Establishments” (Apr. 5, 2021).

86 FR 17843 Notice—Comment Period: “Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Food Allergen Labeling and Reporting” (Apr. 6, 2021).

Food and Nutrition Service

86 FR 18423 Final Rule: “Employment and Training Opportunities in the Supplemental Nutrition Assistance Program; Approval of Information Collection Request” (Apr. 9, 2021).

Food Safety and Inspection Service

86 FR 17770 Notice—Comment Period: “National Advisory Committee on Microbiological Criteria for Foods” (Apr. 6, 2021).

International Trade Commission

86 FR 17642 Notice: “Phosphate Fertilizers From Morocco and Russia” (Apr. 5, 2021).

Small Business Administration

86 FR 18369 Notice: “Administrative Declaration of a Disaster for the State of Alabama [Tornado]” (Apr. 8, 2021).

U.S. House Agriculture Committee

H.Res.271 “Recognizing the importance of the blueberry industry to the United States and supporting the designation of July 2021 as National Blueberry Month.” Referred to the Subcommittee on Biotechnology, Horticulture, and Research (Apr. 5, 2021).

H.R.1225 “National Security Diversity and Inclusion Workforce Act of 2021” Referred to the Subcommittee on Livestock and Foreign Agriculture (Apr. 5, 2021).

H.R.1240 “Feed Emergency Enhancement During Disasters with Cover Crops Act of 2021” or the “FEEDD Act of 2021” Referred to the Subcommittee on General Farm Commodities and Risk Management

H.R.1352 “Water Affordability, Transparency, Equity, and Reliability Act of 2021” Referred to the Subcommittee on Conservation and Forestry (Apr. 5, 2021).

H.R.1363 “Sustainable Agriculture Research Act” Referred to the Subcommittee on Biotechnology, Horticulture, and Research (Apr. 5, 2021).

H.R.1389 “Invasive Species Prevention and Forest Restoration Act” Referred to the Subcommittee on Biotechnology, Horticulture, and Research (Apr. 5, 2021).

H.R.2361 “To amend the Department of Agriculture Reorganization Act of 1994 to establish the Rural Innovation and Partnership Administration and to amend the Consolidated Farm and Rural Development Act to establish the Rural Future Partnership Fund to invest in the rural areas of the United States to achieve their preferred future while maximizing their contribution to the well-being of the United States, and for other purposes.” Referred to the Committees on Agriculture, Financial Services, and Energy and Commerce (Apr. 5, 2021).

H.R.1413 “Expanding SNAP Options Act of 2021” Referred to the Subcommittee on Nutrition, Oversight, and Department Operations (Apr. 8, 2021).

H.R.1442 “Providing Responsible Emergency Plans for Animals at Risk of Emerging Disasters Act” or the “PREPARED Act.” Referred to the Subcommittee on Livestock and Foreign Agriculture (Apr. 8, 2021).

H.R.1602 “Eliminate Barriers to Innovation Act of 2021” Referred to the Subcommittee on Commodity Exchanges, Energy, and Credit (Apr. 8, 2021).

H.R.2400 “To allow Rural Utilities Service telecommunications grants to be made for the collection of broadband infrastructure data by local governments, economic development or other community organizations, electric or telephone cooperatives, and small internet providers.” Referred to the Committee on Agriculture and the Committee on Energy and Commerce (Apr. 8, 2021).

H.R.2424 “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 purposes of providing support to agricultural fairs for losses sustained due to COVID-19.” Referred to the House Committee on Agriculture (Apr. 8, 2021).

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

No new actions Apr. 5–9, 2021

Connect with the Center on Facebook or on Twitter @AgShaleLaw

Top #AgLaw HotLinks Apr. 5–9, 2021  

2020 U.S. Ag Exports Second Highest on Record, Led by Soybeans, Corn and Pork to China, U of Ill. Farm Policy News

USTR Identifies Barriers to Ag Trade in Annual Report, Brownfield

USDA Seeks Public Input to Help Create a New Rural Renewable Energy Pilot Program, USDA

‘Crunchtime’: Political Battle Flares Over Cleanup Deadline, E&E Greenwire

Why American Farms Need Immigration Reform, The Hill

USDA Recognizes 5 Million Acres Enrolled in Conservation Easements, USDA

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