Agricultural Law Weekly Review—week ending December 4, 2020

Dean Foods Bankruptcy: Dean Foods Bankruptcy Estate Threatens Dairy Producers with Lawsuits to Recoup Alleged “Preference” Payments
On November 24, 2020, a commercial collections law firm named ASK LLP, headquartered in St. Paul, Minnesota and hired to represent the Southern Foods Group, LLC formerly d/b/a Dean Foods (“Dean”) Chapter 11 bankruptcy estate, mailed demand letters asserting legal claims for the repayment of milk check proceeds against thousands of dairy producers (including cooperatives) throughout the United States.  The claims seek the recovery of milk checks received from Dean within ninety days preceding Dean’s filing of bankruptcy (i.e. between August 14, 2019 and November 12, 2019).  The payments are alleged to be so-called “preference payments” recoverable under Section 547 of the U.S. Bankruptcy Code.  Section 547 states, among other things, that a person or entity that receives payment (in this case for milk delivered) from a bankrupt entity within ninety days prior to a bankruptcy filing may be compelled to return that money to the bankruptcy estate under certain conditions. This provision is designed to allow the bankruptcy trustee the discretion to recoup payments that may have been made outside the normal course of business which result in some unsecured creditors receiving preferential treatment by the debtor in the 90 days leading to bankruptcy, thereby receiving an unfair advantage over other unsecured creditors. The amount claimed against each dairy producer in the demand letters varies depending upon the history of deliveries and payments in the subject 90-day window. The claims asserted range from thousands of dollars to hundreds of thousands of dollars in claims against a dairy producer cooperative for repayment. The demand letters state that if a “compromise” amount of 90% of the amount claimed to be due is not paid by December 24, 2020, or the dairy producer does not respond with certain requested information by December 15, 2020, a lawsuit (called an “avoidance action”) to collect the amount claimed to be due will be filed during the week of December 28, 2020, against the dairy producer in the United States Bankruptcy Court for the  Southern District of Texas located in Houston, Texas.  A Disclosure Statement for Dean’s Chapter 11 Plan filed with the Bankruptcy Court on November 30, 2020, states that as of that date, 2,500 demands for the return of alleged preference payments were mailed, but only a portion of those would have been directed to dairy producers.  Excluding non-dairy producers, and excluding the demand letters sent to a cooperative (treated as one producer), it is estimated that nationwide somewhere between 1000-1500 demand letters would have been directed to independent producers selling to Dean plants.  In Pennsylvania, approximately 50-75 independent producers sold to Dean plants.  This is the only known usage of Bankruptcy Code Section 547 to try to recover milk check payments from dairy producers as the result of a dairy processor bankruptcy in recent times. There are multiple complete legal defenses to the claims for repayment and the American Farm Bureau Federation has issued a public letter to legal counsel for Dean Bankruptcy Estate on December 4, 2020 demanding that all demands be withdrawn within ten (10) days and stating that “AFBF will consider all remedies that it can seek as an advocate of the Producers, including asking the Court to enjoin any litigation against the Producers and to hold any funds received by the Debtor in settlement in escrow.”

Dairy Pricing: PMMB Enters Order Requiring Milk Dealers to Pay Cooperatives’ Milk Procurement Costs for PA-produced, PA-processed and PA-retailed Class I Milk
On December 2, 2020, the Pennsylvania Milk Marketing Board (PMMB) issued Official General Order No. A-1010 and and accompanying decision, titled “Cooperative Procurement Cost,” concluding a multi-year administrative proceeding commenced by petition of the Pennsylvania Association of Dairy Cooperatives to include in the PMMB’s producer/wholesale pricing structure an obligation for milk dealers to reimburse dairy cooperatives for certain procurement costs avoided when buying cooperative milk.  The cost for things such as field, laboratory and calibration services, producer payroll, sales invoicing, and dispatch and logistics are incurred by milk dealers when buying milk from independent producers but not when buying from dairy producer cooperatives who provide those services.  For background on the lengthy proceedings, see ALWR-December 12, 2019, ‘Dairy Policy: PMMB Enters Order Mandating Cooperative Costs Recovery.”  Effective January 1, 2021, the price of milk utilized in Pennsylvania as Class I, and which is produced and sold to a milk dealer by a cooperative in Pennsylvania, shall include $0.24 per hundredweight (cwt) as reimbursement of cooperative procurement costs.  That amount shall be recoverable by dealers in the minimum wholesale price obtained from retailers.  This is believed to be the first instance of government-mandated producer and wholesale pricing including a specific amount for, and recovery of, cooperative procurement costs which are avoided when milk dealers buy from cooperatives.

Pesticides/Herbicides: EPA Releases Draft Biological Evaluation for Glyphosate
On November 25, 2020, the U.S. Environmental Protection Agency (EPA) announced and released its draft Biological Evaluation (BE) for glyphosate, which evaluates risks to listed endangered and threatened species from approved label uses of the herbicide.  According to EPA, glyphosate is used on approximately 298 million acres of farmland each year and “is likely to adversely affect a significant percent of endangered species and critical habitats.”  EPA will next coordinate efforts with the U.S. Fish and Wildlife Service and the National Marine Fisheries Service to develop protection measures, such as use limitations and registration modifications, if it determines that glyphosate threatens the survival or habitat of a species.  EPA is accepting comments on the draft BE until January 26, 2020, at docket EPA-HQ-OPP-2020-0585, after which EPA may finalize its evaluation.

Nutrition Programs: USDA Proposes New School Lunch Rule After Court Ruling
On November 25, 2020, the U.S. Department of Agriculture (USDA) Food and Nutrition Service (FNS) published in the Federal Register a proposed rule titled, “Restoration of Milk, Whole Grains, and Sodium Flexibilities” (85 FR 75241), accompanied by a notice to stakeholders.  For schools seeking meal reimbursement under the national school lunch and breakfast programs, the proposed rule: (a) requires only half of the weekly grains to be whole grain-rich; (b) extends the sodium reduction timeline while eliminating the final reduction target; and (c) permanently allows the offering of flavored, low-fat milk.  The proposed rule carries a 30-day comment period, which is open until December 28, 2020.  Additionally, this proposed rule follows a November 24, 2020 final rule withdrawing the service’s December 12, 2018 rule titled “Child Nutrition Programs: Flexibilities for Milk, Whole Grains, and Sodium Requirements,” (85 FR 74847), which was vacated and remanded by the U.S. District Court for the District of Maryland in April 2020.  See ALWR—April 23, 2020, “Federal Court Invalidates 2018 School Lunch Nutrition Rule.”

Agricultural Data:  Federal Court Dismisses FOIA Claim Seeking USDA Farm and Tract Numbers
On November 27, 2020, the U.S. District Court for the District of Columbia issued an opinion granting summary judgment in favor of the U.S. Department of Agriculture (USDA) in a suit seeking USDA-issued Customer Numbers, Farm Numbers, and Tract Numbers under the Freedom of Information Act (FOIA).  Telematch, Inc. v. Dept. of Agriculture, No. 1:19-cv-02372-TJK.  The complaint, filed by Farm Market iD (FMID), sought declaratory and injunctive relief against the USDA for its refusal to provide the numbers which are used by USDA to administer loans, insurance, and assistance payments.  The court held that because Farm and Tract Numbers constitute geospatial information they are “prohibited from disclosure.”  Disregarding FMID’s argument that the numbers were needed to help the public determine USDA’s efficacy in administering farm programs, the Court stated that “[t]he purpose of FOIA is to shed light on what the government is up to,” and that “[k]nowing how ‘farmers are using their land,’ or whether they are ‘accurately reporting data to qualify’ for benefits does not directly shed light on USDA’s operations or activities.”

Agricultural Labor: United Farm Workers File Suit to Enjoin DOL H-2A Minimum Wage Rule
On November 30, 2020, United Farm Workers (UFW) filed a complaint in the U.S. District Court for the Eastern District of California seeking injunctive relief against the U.S. Department of Labor’s (DOL) November 5, 2020 final rule changing the calculation of the H-2A agricultural guest worker minimum wage. United Farm Workers v. United States Department of Labor, No. 1:20-cv-01690-DAD-JLT. See ALWR—week ending November 6, 2020, “Department of Labor Modifies H2A Minimum Wage Calculation.”  The complaint states that the rule will result in a 4% average reduction in farmworker pay and alleges that the rule violates the Immigration and Nationality Act (INA) by failing “to protect U.S. farmworkers from the adverse effects caused by wage stagnation or depression due to an influx of foreign guestworkers.”  According to an order issued by the court, DOL’s opposition is due December 7, 2020, the plaintiffs’ response is due December 11, 2020, and a hearing on injunctive relief will be held on December 14, 2020.

Industrial Hemp: USDA Announces Hemp Crop Insurance Expansion
On November 30, 2020, the U.S. Department of Agriculture (USDA) Risk Management Agency (RMA) announced its expansion and modification of the pilot Multi-Peril Crop Insurance Plan for hemp.  The modifications expand the program to include select counties in Arizona, Arkansas, Nevada, and Texas and changes the premium billing date to August 15 for all states.  Additionally, beginning in the 2021 crop year, federally-compliant hemp grown in containers will be insurable under the Nursery Crop Insurance program and the Nursery Value Select pilot crop insurance program.  Producers with a contract for the sale of their hemp may purchase insurance coverage.  However, hemp does not qualify for prevented plant or replant payments, and loss due to plants exceeding the 0.3 THC compliance level is considered an uninsurable loss.

Farm Bill Programs: Definitions Corrected for Actively Engaged in Farming Eligibility Criteria
On November 19, 2020, the Commodity Credit Corporation (CCC) and the U.S. Department of Agriculture (USDA) Farm Service Agency (FSA) published in the Federal Register an immediately effective “correcting amendment” titled “Payment Limitation and Payment Eligibility,” (85 FR 73601) which restores the definitions of the terms “active personal management” and “significant contribution” to their previous definitions before the publication of a August 24, 2020 final rule which amended them.  See ALWR—week ending August 28, 2020, “USDA Amends Ag Subsidy Payment Eligibility and Limitations.”  The August 24, 2020, amendment inadvertently restricted the number of non-family members who could qualify for being actively engaged in farming based on a contribution of active personal management alone when a farming operation is composed entirely of family members.  That restriction was intended to only apply to farming operations composed of non-family members.

Pennsylvania Farm Bill: 2020 Pennsylvania Farm Bill Funded at $16 Million Despite COVID-19 
On November 23, 2020, Pennsylvania Governor Wolf signed into law Act 17A of 2020, an appropriations act which, along with Act 114 of 2020 amending the Pennsylvania Fiscal Code, completed the budget appropriation process for the entirety of state fiscal year 2020-21.  Contained within that budget, is $16 million in appropriations collectively referred to by Pennsylvania Executive and Legislative Branch officials as the 2020 Pennsylvania Farm Bill.  A collection of appropriations benefitting Pennsylvania agriculture was first enacted in July 2019 as the 2019 Pennsylvania Farm Bill for state fiscal year 2019-20 in the amount of $23 million.

COVID-19: Pennsylvania’s CARES Act-funded Dairy Indemnity Program Uses $7.6 Million of $15 Million and Unused Balance is Re-appropriated
On November 24, 2020, Pennsylvania Agriculture Secretary Redding announced that the state’s Dairy Indemnity Program, created by the Pennsylvania General Assembly and funded by an appropriation of  federal CARES Act funds, has paid $7.6 million, out of the appropriated $15 million, to 1,550 Pennsylvania dairy producers.  Under the program, producers who experienced enumerated losses between March 6, 2020 and September 30, 2020 were eligible for an initial $1,500 payment, followed by a subsequent payment depending on remaining program funds and proof of loss.  According to the enabling legislation, all payments were to be made by November 30, 2020.  As a result of legislation enacted on November 23, 2020 as Act 114 of 2020, all unused funds from the initial $15 million appropriation will be transferred and appropriated to the Department of Corrections to meet payroll expenses for public safety and health care or similarly employees substantially dedicated to mitigating or responding to the COVID-19 public health emergency.  For background, see ALWR—week ending June 19, 2020, “Pennsylvania’s CARES Act Funding Establishes $15 Million PA Dairy Indemnity Program.”

Agritourism: Pennsylvania Governor Vetoes Bill Limiting Agritourism Liability
On November 30, 2020 Pennsylvania Governor Wolf vetoed HB 1737, which, among several actions, would have provided some limitation on civil liability for enumerated activities within the definition of agritourism.  See ALWR—week ending November 20, 2020, “Limitation on Agritourism Liability Included In Bill Sent to PA Governor.”  According to Governor Wolf’s veto message, the significant expansion of liability protections for numerous entities contained in the bill “invites the potential for carelessness and a disregard for public safety.” The majority of the bill was devoted to various COVID-19-related limitations of liability for multiple other non-agricultural activities and businesses.

Farmland Preservation:  Report on Pennsylvania Conservation Easement Litigation Released
On November 30, 2020, WeConservePA, formerly known as the Pennsylvania Land Trust Association, a Section 501(c)(3) non-profit corporation advocating for land conservation organizations, released an 11-page report titled Conservation Easements in Court: A Review of Easement Violation and Enforcement Litigation in Pennsylvania. The report compiles information on eleven Pennsylvania court cases where the interpretation or enforcement of a conservation easement was litigated.

Animal Health:  Two Pennsylvania Animal Health Projects Federally Funded
On December 1, 2020, the United States Department of Agriculture, Animal and Plant Inspection Service (APHIS), announced the award of $14.4 million for federal FY 2020-21 to fund seventy-six project proposals relating to animal health topics through the National Animal Disease Preparedness and Response Program (NADPRP – link to full list of projects) and the National Animal Health Laboratory Network (NAHLN – link to full list of projects).  The projects being funded in Pennsylvania are: (1) Emergency Grinding and Compost Training and Education for Regional Industry Stakeholders, Pennsylvania State University, $171,784; and (2) Validation of a high-throughput method for the detection of African Swine Fever virus, Pennsylvania Veterinary Laboratory, $55,000.

From the National Agricultural Law Experts:

Agricultural Economic Insights, LLC, Escaping 1980 (Podcast) Episode 5: USDA Steps In (Dec. 2, 2020).

Tiffany Lashmet, Case Addressing Open Space Valuation of Property with Cattle Grazing & Quarry Activity (Nov. 30, 2020).

Sarah Catherine Copper, Sesame Allergen Labeling – The Big-9? (Dec. 1, 2020).

Roger A. McEowen, Bankruptcy and the Preferential Payment Rule (Dec. 3, 2020).

Brigit Rollins, Registration Review: EPA Finds Endangered Species May Be Harmed By Glyphosate (Dec. 3, 2020).

U.S. Government Accountability Office (GAO), FARM PROGRAMS: USDA Has Improved Its Completion of Eligibility Compliance Reviews, but Additional Oversight Is Needed (November 16, 2020)

Penn State Research & News:

Warbler Coloration Shaped by Evolution Via Distinct Paths (Nov. 30, 2020).

Eating Dried Fruit May be Linked with Better Diet Quality and Health Markers (Nov. 30, 2020).

Researchers Aim to ‘Upcycle’ Nutrient Waste on Farms Using Duckweed (Dec. 1, 2020).

AGENCY PRESS RELEASES—STATE/FEDERAL

Pennsylvania Department of Agriculture Press Releases:

Wolf Administration Secures $16 Million Pennsylvania Farm Bill, Highlights 2019 Programs That Aided PA Farmers Through Pandemic (Nov. 30, 2020).

Department Of Agriculture Releases COVID-19 Restaurant Enforcement Actions, November 23 – November 29 (Dec. 2, 2020).

Wolf Administration Opens Hemp Grower, Processor Permit Applications For 2021 Season; Invites Stakeholders To 2020 Hemp Summit (Dec. 4, 2020).

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

APHIS Issues Final Environmental Assessment for Biological Control of Japanese, Giant, and Bohemian Knotweeds, APHIS (Nov. 30, 2020).

APHIS Reopens Comment Period on Request to Produce FMD Vaccine on U.S. Mainland, APHIS (Dec. 1, 2020).

APHIS Announces $14.4 Million in Farm Bill Funding to Protect Animal Health, APHIS (Dec. 1, 2020).

Dec. 11 Deadline Approaching for USDA Program for Farmers and Ranchers Impacted by COVID-19. FSA (Dec. 1, 2020).

USDA Announces Commodity Credit Corporation Lending Rates for December 2020, FSA (Dec. 1, 2020).

USDA Announces Expansion, Other Improvements to Hemp Crop Insurance, RMA (Nov. 30, 2020).

USDA Announces Implementation of Improvements to Prevented Planting Coverage and the Beginning and Veteran Farmer and Rancher Program, RMA (Dec. 2, 2020).

STATE ACTIONS—EXECUTIVE/LEGISLATIVE

Pennsylvania Executive Agencies (Pa. Bulletin Vol. 50, No. 49—Dec. 5, 2020):

Department of Agriculture

50 Pa.B. 6906 Notice: “General Permit Standards and Requirements for Hemp.”

Department of Environmental Protection

50 Pa.B. 6961 Notice: “National Pollutant Discharge Elimination System General Permit for Operation of Concentrated Animal Feeding Operations (PAG-12) Annual Report and Annual Notice of Intent Installment Fee Submission Deadline Extension.”

50 Pa.B. 6961 Notice: “Proposed Conditional State Water Quality Certification under Section 401 of the Clean Water Act for the United States Army Corps of Engineers Pennsylvania State Programmatic General Permit 6 (PASPGP-6).”

50 Pa.B. 6960 Notice: “Agricultural Advisory Board Virtual Meeting [December 17, 2020].”

Department of Revenue

50 Pa.B. 6905 Statement of Policy: “Repeal of Taxation of Partnerships, Associations and Pennsylvania (PA) S Corporations Having Nonresident Partners, Members or Shareholders—Statement of Policy.”

Environmental Quality Board

50 Pa.B. 6863 Proposed Rulemaking: “Dam Safety and Waterway Management.”

Governor’s Office

50 Pa.B. 6857 “Amendment to Proclamation of Disaster Emergency [COVID-19].”

Pennsylvania Legislature

Vetoed by the Governor

HB 1737 “An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in particular rights and immunities, providing for economic development agency, fiduciary and lender environmental liability protection, for agritourism activity protection and for COVID-19-related liability; and making a related repeal.” (Nov. 20, 2020).

House Legislation

HB 2902 “An Act amending . . . The Minimum Wage Act of 1968, further providing for definitions and for minimum wages; providing for gratuities; further providing for enforcement and rules and regulations, for penalties and for civil actions; repealing provisions relating to preemption; and providing for taxpayer savings and reinvestment.” Referred to Labor and Industry (Nov. 30, 2020).

HB 2978 “An Act amending . . . Tax Reform Code of 1971, providing for greenhouse gas emissions tax.” Referred to Finance (Nov. 30, 2020).

FEDERAL ACTIONS—EXECUTIVE/LEGISLATIVE

Federal Executive Agencies (Federal Register Nov. 30–Dec. 4, 2020): 

Agriculture Department

85 FR 76514 Notice: “Submission for OMB Review; Comment Request [Food and Nutrition Service: WIC Nutrition Assessment and Tailoring Study]” (Nov. 30, 2020).

85 FR 78113  Notice: “Submission for OMB Review; Comment Request [Farm Service Agency: Certified Mediation Program]” (Dec. 3, 2020).

85 FR 78303 Notice: “Submission for OMB Review; Comment Request [Food Safety and Inspection Service: Salmonella Initiative Program]” (Dec. 4, 2020).

85 FR 78302 Notice: “Submission for OMB Review; Comment Request [National Agricultural Statistics Service: Fruits, Nut, and Specialty Crops]” (Dec. 4, 2020).

Animal and Plant Health Inspection Service

85 FR 76515 Notice: “Notice of Availability of an Environmental Assessment and Finding of No Significant Impact for the Release of Aphalara itadori for the Biological Control of Japanese, Giant, and Bohemian Knotweeds” (Nov. 30, 2020).

85 FR 77140 Notice: “Submission for OMB Review; Comment Request [Animal Plant and Health Inspection Service: Export Health Certificate for Animal Products]” (Dec. 1, 2020).

85 FR 77425 Notice—Comment Period: “Petition To Manufacture Foot-and-Mouth Disease Vaccine in the United States” (Dec. 2, 2020).

85 FR 78113 Notice—Comment Period: “Notice of Request for Extension of Approval of an Information Collection; Commercial Transportation of Equines for Slaughter” (Dec. 3, 2020).

Environmental Protection Agency

85 FR 76562 Notice—Comment Period: “Pesticides; Updated Draft Guidance for Pesticide Registrants on Plant Regulator Products and Claims, Including Plant Biostimulants; Notice of Availability and Request for Comment” (Nov. 30, 2020).

85 FR 77999 Rule, comments accepted: “Sethoxydim; Pesticide Tolerances” (Dec. 3, 2020).

85 FR 78002 Rule, comments accepted: “Adipic Acid; Exemption From the Requirement of a Tolerance” (Dec. 3, 2020).

85 FR 78300 Proposed rule: “Notification of Submission to the Secretary of Agriculture; Pesticides; Proposal of Pesticide Product Performance Data Requirements for Products Claiming Efficacy Against Certain Invertebrate Pests” (Dec. 4, 2020).

Farm Credit Administration

85 FR 77462 Notice: “Sunshine Act Meeting; Farm Credit Administration Board [December 10, 2020]” (Dec. 2, 2020).

85 FR 77364 Final Rule, correction: “Amortization Limits; Correction” (Dec. 2, 2020).

Federal Communications Commission

85 FR 76420 Final Rule, request for comments: “Area Risk Protection Insurance Regulations; Common Crop Insurance Policy Basic Provisions; Common Crop Insurance Regulations, Sunflower Seed Crop Insurance Provisions; and Common Crop Insurance Regulations, Dry Pea Crop Insurance Provisions” (Nov. 30, 2020).

Federal Emergency Management Agency

85 FR 77227 Notice: “Proposed Flood Hazard Determinations; Correction [Iowa]” (Dec. 1, 2020).

85 FR 77231  Notice—Comment Period:“Proposed Flood Hazard Determinations [Ala., Ark., Colo., S.C., Tenn., Tex., W.V.]” (Dec. 1, 2020).

85 FR 77233 Notice—Comment Period:“Proposed Flood Hazard Determinations [Ark., N.C.]” (Dec. 1, 2020).

85 FR 77227 Notice: “Changes in Flood Hazard Determinations [Ala., Colo., Fla., Ga., Me., Mont., Pa., Tex.]” (Dec. 1, 2020).

Fish and Wildlife Service

85 FR 77408 Proposed Rule—Comment Period: “Endangered and Threatened Wildlife and Plants; Threatened Species Status for Pinus albicaulis (Whitebark Pine) With Section 4(d) Rule” (Dec. 2, 2020).

85 FR 78029 Rule, notification of findings: “Endangered and Threatened Wildlife and Plants; Eleven Species Not Warranted for Listing as Endangered or Threatened Species” (Dec. 3, 2020).

85 FR 78143 Notice—Comment Period: “Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Federal Fish and Wildlife Permit Applications and Reports-Native Endangered and Threatened Species” (Dec. 3, 2020).

Food and Drug Administration

85 FR 77468 Notice: “Canned Pacific Salmon Deviating From Identity Standard; Amendment of Temporary Marketing Permit” (Dec. 2, 2020).

85 FR 78334 Notice—Comment Period: “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” (Dec. 4, 2020).

Food and Nutrition Service

85 FR 77140 Notice: “Agency Information Collection Activities: Recordkeeping of D-SNAP Benefit Issuance and Commodity Distribution for Disaster Relief” (Dec. 1, 2020).

Internal Revenue Service

85 FR 76910 Final Rule: “Withholding of Tax and Information Reporting With Respect to Interests in Partnerships Engaged in a U.S. Trade or Business” (Nov. 30, 2020).

International Trade Administration

85 FR 76519 Notice: “Certain Softwood Lumber Products from Canada: Final Results of Antidumping Duty Administrative Review; 2017-2018” (Nov. 30, 2020).

Land Management Bureau

85 FR 76597 Notice—Comment Period “Authorizing Grazing Use” (Nov. 30, 2020).

Small Business Administration

85 FR 76649 Notice: “Presidential Declaration Amendment of a Major Disaster for the State of California [Wildfires]” (Nov. 30, 2020).

85 FR 76649 Notice: “Presidential Declaration Amendment of a Major Disaster for Public Assistance Only for the State of Louisiana [Hurricane Laura]” (Nov. 30, 2020).

85 FR 78402 Notice: “Presidential Declaration Amendment of a Major Disaster for the State of California [Wildfires]” (Dec. 4, 2020).

U.S. House Agriculture Committee

S.1982 “Save Our Seas 2.0 Act.” Passed House, message on Senate action sent to the House (Dec. 2, 2020).

H.R.5040 “Aerial Incursion Repercussion Safety Act of 2019 or the AIR Safety Act of 2019.” Placed on the Union Calendar (Dec. 2, 2020).

H.R.3884 “Marijuana Opportunity Reinvestment and Expungement Act of 2019 or the MORE Act of 2019.” Rule H. Res. 1244 passed House (Dec. 3, 2020).

H.R.8843 “To amend the Food Security Act of 1985 to increase the number of acres authorized for enrollment in the conservation reserve program, and for other purposes.” Referred to the House Committee on Agriculture (Dec. 3, 2020).

H.R.8866 “To improve the process for awarding grants under certain programs of the Department of Agriculture to certain counties in which the majority of land is owned or managed by the Federal Government and to other units of local government and Tribal governments in those counties, and for other purposes.” Referred to the Committees on Agriculture, Energy and Commerce, and Financial Services (Dec. 3, 2020).

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

S.4950 “A bill to improve the process for awarding grants under certain programs of the Department of Agriculture to certain counties in which the majority of land is owned or managed by the Federal Government and to other units of local government and Tribal governments in those counties, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry (Dec. 2, 2020).

Follow us on Twitter @AgShaleLaw—Top #AgLaw HotLinks Nov. 30–Dec. 4, 2020:
USDA to Extend School Meal Flexibilities, Feedstuffs
Climate is Likely to be a High Priority for Biden Administration, Farm and Dairy
Farmworker Groups File Lawsuit Over Wage Freeze, Brownfield
Singapore First Country to Approve Sale of Cultured Meat, Meat+Poultry
USDA Raises Ag Export Forecast by $11.5b, Feedstuffs
Congress Urged to Extend End-of-Year Tax Energy Provisions, Feedstuffs
Farmworker Advocates Challenge H-2A Pay Freeze in Court, Fern’s Ag Insider
More Restrictions Could be Coming for Glyphosate, Brownfield

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