February 23, 2021
Agricultural Law Weekly Review—week ending February 19, 2021
Agricultural Labor: NASS Publishes 2020 Farm Labor Report; 2021 H-2A Minimum Wage to be Published 🌾
On February 11, 2021, the U.S. Department of Agriculture (USDA) National Agricultural Statistics Service (NASS) released the 2020 Farm Labor Report, originally scheduled for release November 25, 2020. The delay was caused by USDA suspending the October 2020 Agricultural Labor Survey, which provides the July – October 2020 data for this annual report, as part of the U.S. Department of Labor’s (DOL) implementation of a new final rule issued November 5, 2020, dispensing with the survey to calculate the annual H-2A Adverse Effect Wage Rate (AEWR), i.e. the federally mandated minimum wage for H-2A workers by state. However, as part of a December 23, 2020, injunction entered in United Farm Workers v. United States Department of Labor, No. 1:20-cv-01690-DAD-JLT, a legal challenge to the DOL’s final rule, the United States District Court for the Eastern District of California stayed the new rule and in subsequent orders directed that the survey shall be completed, the report shall be issued and the AEWR shall be established by February 25, 2020. For background, see ALWR-week ending November 6, 2020, Department of Labor Modifies H-2A Minimum Wage Calculation and ALWR-week ending December 25, 2020, Federal District Court Grants Injunction Against Revised H-2A Minimum Wage Calculation. Also see notice published at 85 FR 79463. The 2021 AEWR establishing the H-2A minimum wage is to be published in the Federal Register by February 25, 2021. According to a report published by the American Farm Bureau Federation on February 16, 2021, the 2021 AEWR for Pennsylvania will be $14.05.
Penn State Agricultural Law Podcast: Listen to the latest episode here.
Upcoming Webinars from Penn State Extension
Land Access Series: Find, Lease, and Purchase Land in Pennsylvania, March 29, 2021 – April 1, 2021, four consecutive nights at 6:00 pm ET; April 8, 2021 at 6:00 pm ET
Conversations with the Professionals: Ag Succession and Transition Planning with an Ag Attorney, March 23, 2021 at 9:00 am ET.
Conversations with the Professionals: Ag Succession and Transition Planning with an Ag Accountant, April 27, 2021 at 9:00 am ET.
Penn State Research & News:
Changing Cropping Systems in Impaired Watersheds Can Produce Water Quality Gains (Feb. 9, 2021)
Penn State DuBois Professor has the ‘Dirt’ on Sustainable Urban Forests (Feb. 11, 2021).
Weekly Featured Graphic:
From Midwest Center for Investigative Reporting: The CDC recommended states prioritize farmworkers for the COVID-19 vaccine. A few large agricultural states have not. (Feb. 18, 2021)
Agricultural Law/Policy Resources of Interest:
Paul Goeringer, Settlement Approved for Claims Involving Off-Target Soybean Damage for 2015 to 2020 (Feb. 11, 2021).
Tiffany Lashmet, Texas Supreme Court Addresses Whether Emails Constitute a Contract (Feb. 15, 2021).
Micah Brown, Livestock Dealer Trust: Payment Protection for Sellers (Feb. 16, 2021)
Brigit Rollins, Ninth Circuit Upholds Decision to Vacate General CWA Permit (Feb. 18, 2021).
Peggy Kirk Hall, What to do About Trespassing Snowmobilers on the Farm? (Feb. 18, 2021).
Paul Goeringer, Final Hemp Rule Published by USDA but Could Potentially Change (Feb. 19, 2021).
Farmdoc Daily, The RFS Stands Before the Supreme Court (Feb. 11, 2021).
AgWeb’s DC Signal to Noise podcast, Biden Immigration Plan the Starting Point for Negotiations (Feb. 19, 2021)
AGENCY PRESS RELEASES—STATE/FEDERAL
Pennsylvania Department of Agriculture Press Releases:
Second Lady Fetterman, Agriculture Secretary: Bureau That Protects Pennsylvania Dogs Out Of Money, Public Safety At Risk (Feb. 17, 2021).
Pennsylvania Protects 30 Farms, 2,638 Acres From Future Development (Feb. 18, 2021).
Department Of Agriculture Releases COVID-19 Restaurant Enforcement Actions, February 8 – February 14, 2021 (Feb. 18, 2021).
U.S. Department of Agriculture (USDA) Press Releases:
U.S. Department of Agriculture Announces Monica Rainge as Deputy Assistant Secretary for Civil Rights (Feb. 16, 2021).
Biden Administration Announces Another Foreclosure Moratorium and Mortgage Forbearance Deadline Extension That Will Bring Relief to Rural Residents (Feb. 16, 2021).
USDA Ready to Assist Farmers, Ranchers and Communities Affected by Winter Storms (Feb. 17, 2021).
FACT SHEET: Update on USDA Activities to Contain the COVID-19 Pandemic (Feb. 17, 2021).
U.S. Department of Agriculture Announces Key Leadership in Farm Production and Conservation Mission Area (Feb. 19, 2021).
Statement on Change to Definition of ‘Agricultural Products’ in Reporting Trade Data (Feb. 19, 2021).
USDA Agency Press Releases:
Parasite Hijacks Iron in Honey Bees, ARS (Feb. 18, 2021).
APHIS Deploys Employees to Support President Biden’s Priority to Vaccinate Against COVID-19, APHIS (Feb. 17, 2021).
USDA Clarifies Rules for Buying and Selling Seeds and Plants Online From Other Countries, APHIS (Feb. 18, 2021).
Join a Free Webinar on February 25 to Learn How Avian Influenza Affects Us All, APHIS (Feb. 19, 2021).
STATE ACTIONS—EXECUTIVE/LEGISLATIVE
Pennsylvania Executive Agencies (Pa. Bulletin Vol. 51, No. 8—Feb. 20, 2021):
Department of Conservation and Natural Resources
51 Pa.B. 915 Notice: “Proposed Exchange of Property.”
Department of Environmental Protection
51 Pa.B. 917 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.”
State Conservation Commission
51 Pa.B. 991 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.”
Susquehanna River Basin Commission
51 Pa.B. 992 Notice: “Grandfathering Registration Notice.”
51 Pa.B. 992 Notice: “Telephonic Commission Meeting [Friday, March 12, 2021].”
Pennsylvania Legislature
HB 526 “An Act amending . . . the Dog Law, in licenses, tags and kennels, further providing for issuance of dog licenses, compensation, proof required, deposit of funds, records, license sales, rules and regulations and for applications for dog licenses, fees and penalties.” Referred to Agriculture and Rural Affairs [House] (Feb. 16, 2021).
SB 232 “An Act amending . . . the Dog Law, in licenses, tags and kennels, further providing for issuance of dog licenses, compensation, proof required, deposit of funds, records, license sales, rules and regulations, failure to comply unlawful acts and penalties and for applications for dog licenses, fees and penalties.” Referred to Agriculture and Rural Affairs [Senate] (Feb. 16, 2021).
FEDERAL ACTIONS—EXECUTIVE/LEGISLATIVE
Federal Executive Agencies (Federal Register Feb. 15–19, 2021):
Agricultural Department
86 FR 10233 Notice: “Submission for OMB Review; Comment Request [National Agricultural Statistics Service (NASS): National Conservation Practice Adoption Motivations Pilot Survey” (Feb. 19, 2021).
86 FR 10234 Notice: “Submission for OMB Review; Comment Request [Farm Service Agency: Volunteer Programs” (Feb. 19, 2021).
86 FR 10235 Notice: “Submission for OMB Review; Comment Request [Food and Nutrition Service: Report of Supplemental Nutrition Assistance Program Issuance and Report of Commodity Distribution for Disaster Relief Recordkeeping Only]” (Feb. 19, 2021).
Agricultural Marketing Service
86 FR 10161 Notice, comments accepted: “Meeting of the National Organic Standards Board [April 28 through April 30, 2021]” (Feb. 18, 2021).
Council on Environmental Quality
86 FR 10252 Notice: “National Environmental Policy Act Guidance on Consideration of Greenhouse Gas Emissions” (Feb. 19, 2021).
Environmental Protection Agency
86 FR 9859 Final Rule, comments accepted: “Clopyralid; Pesticide Tolerances” (Feb. 17, 2021).
86 FR 9866 Final Rule, comments accepted: “Emamectin Benzoate; Pesticide Tolerances” (Feb. 17, 2021).
86 FR 9862 Final Rule, comments accepted: “Fluxametamide; Pesticide Tolerances” (Feb. 17, 2021).
86 FR 9869 Final Rule, comments accepted: “Orthosulfamuron; Pesticide Tolerances” (Feb. 17, 2021).
Federal Emergency Management Agency
86 FR 10120 Notice: “Colorado; Major Disaster and Related Determinations [wildfires]” (Feb. 18, 2021).
86 FR 10130 Notice: “Connecticut; Major Disaster and Related Determinations [Tropical Storm Isaias]” (Feb. 18, 2021).
86 FR 10117 Notice: “Georgia; Major Disaster and Related Determinations [Tropical Storm Zeta]” (Feb. 18, 2021).
86 FR 10117 Notice: “Louisiana; Major Disaster and Related Determinations [Hurricane Zeta]” (Feb. 18, 2021).
86 FR 10121 Notice: “Utah; Major Disaster and Related Determinations [straight-line winds]” (Feb. 18, 2021).
Food and Drug Administration
86 FR 10087 Notice—Comment Period: “Agency Information Collection Activities; Proposed Collection; Comment Request; Survey on the Occurrence of Foodborne Illness Risk Factors in Selected Institutional Foodservice and Retail Food Stores Facility Types” (Feb. 18, 2021).
Food and Nutrition Service
86 FR 9477 Notice—Comment Period: “Agency Information Collection Activities: Proposed Collection Comment Request-Supplemental Nutritional Assistance Program Education (SNAP Ed) Connection Resource Sharing Form” (Feb. 16, 2021).
86 FR 10163 Notice—Comment Period: “Agency Information Collection Activities: Proposed Collection; Comment Request-Study of Nutrition and Activity in Child Care Settings II (SNACS-II)” (Feb. 18, 2021).
Foreign Agricultural Service
86 FR 9905 Notice—Comment Period: “Notice of Request for Extension of Currently Approved Information Collection [USDA Emerging Markets Program]” (Feb. 17, 2021).
86 FR 9905 Notice—Comment Period: “Notice of Request for Approval of a New Information Collection [USDA Trade Missions and Trade Shows Program]” (Feb. 17, 2021).
Rural Business-Cooperative Service
86 FR 10235 Notice—Comment Period: “Notice of Request for Comments on Extension of a Currently Approved Information Collection” (Feb. 19, 2021).
U.S. House Agriculture Committee
H.R.1038 “To require the Secretary of the Interior and the Secretary of Agriculture to provide a plan to ensure adequate staffing throughout organizational units of the Department of the Interior and Department of Agriculture to review communications use authorizations in a timely manner.” Referred to the Committees on Natural Resources and Agriculture (Feb. 15, 2021).
H.R.1046 “To require the Federal Communications Commission to provide broadband availability data to the Department of the Interior.” Referred to the Committees on Natural Resources, Agriculture, and Energy and Commerce (Feb. 15, 2021).
H.R.1047 “To allow certain State and Tribal permitting authority to encourage expansion of broadband service to rural and Tribal communities, and for other purposes.” Referred to the Committees on Natural Resources and Agriculture (Feb. 15, 2021).
H.R.1049 “To require the Assistant Secretary of Commerce for Communications and Information to establish an interagency strike force to increase prioritization by the Department of Interior and Department of Agriculture by senior management of the Department of Interior and Department of Agriculture, or an organizational unit of reviews for communications use authorizations.” Referred to the Committees on Natural Resources, Agriculture, and Energy and Commerce (Feb. 15, 2021).
H.R.1156 “To require the Assistant Secretary of Commerce for Communications and Information to report to Congress every 60 days on barriers to implementation by the Department of Interior and Department of Agriculture of an online portal to accept, process, and dispose of an application for the placement of communications facilities on certain Federal lands.” Referred to the Committees on Natural Resources, Agriculture, and Energy and Commerce (Feb. 18, 2021).
H.R.1174 “To amend the Forest and Rangeland Renewable Resources Planning Act of 1974 and the Federal Land Policy and Management Act of 1976 to provide that the Secretary of Agriculture and the Secretary of the Interior are not required to reinitiate consultation on a land management plan or land use plan under certain circumstances, and for other purposes.” Referred to the Committees on Natural Resources and Agriculture (Feb. 18, 2021).
U.S. Senate Committee Agriculture, Nutrition, and Forestry:
No new actions Feb. 15–19, 2021.
Connect with the Center on Facebook or on Twitter @AgShaleLaw
Top #AgLaw HotLinks Feb. 15–19, 2021
Nation’s First Mandatory Farmworker Hazard Pay Gains Approval, The Counter
Behind the Push for GMO Transparency On-Pack: ‘Non-GMO Food Labelling Closes a Loophole in EU Legislation’, Food Navigator
Voluntary, Incentive-Based Tools Remain key for Ag and Climate Policy, Brownfield
Hemp Industry to Release Results of Checkoff Survey, Feedstuffs
Animal Ag Markets Resilient Almost a Year into COVID-19, Feedstuffs
Chicken Nuggets for the Low, Low Price of $23, Politico
Ag Industry Contributes 10% of Overall GHG Emissions, Feedstuffs
FACT SHEET: Update on USDA Activities to Contain the COVID-19 Pandemic
Union Says Meatpacking Workers Should be Vaccinated Sooner, Morning Ag Clips
The RFS Stands Before the Supreme Court, Farmdoc Daily
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
