Agricultural Law Weekly Review—Week Ending February 26, 2021  

Antitrust: Court Grants Preliminary Approval of Civil Antitrust Settlement; Tyson and Pilgrim’s to Pay $155 Million 🌾
On February 25, 2021, the U.S. District Court for the Northern District of Illinois issued an order granting preliminary approval of the settlements between Defendants Pilgrim’s Pride Corp. and Tyson Foods and the Direct Purchaser Plaintiffs (DPPs) in the consolidated antitrust class action suit In re Broiler Chicken Antitrust Litigation (No. 1:16-cv-08637).  According to the agreement, subject to a June 29, 2021 Fairness Hearing, Pilgrim’s will pay up to $75 million to the DPP Class, which it previously announced. See ALWR—week ending January 15, 2021, “Pilgrim’s Pride Reaches $75 Million Civil Antitrust Settlement.”  Tyson, which has previously agreed to pay $221.5 million to settle multiple classes of plaintiffs, will pay up to $80 million to the DPP Class.  See ALWR—week ending January 22, 2021, “Tyson Agrees to $221.5 Million Partial Settlement in Poultry Antitrust Class Action.”  Including payments from other defendants—including Peco, George’s, Amick, and Fieldale Farms—the amount available to the Direct Purchaser Plaintiff Class totals more than $170 million.  The class includes “[a]ll persons who purchased Broilers directly from any of the Defendants or any Co-Conspirator identified” in the class action suit between January 1, 2008 and December 20, 2019.  Payment amounts will depend on the number of class members who exclude themselves and the amount of Broilers purchased by each member.  Direct Purchaser Plaintiff Class members may file a claim for payment until May 17, 2021, at broilerchickenantitrustlitigation.com

Antitrust: Pilgrim’s Pride Pleads Guilty to Poultry Price-Fixing; Fined $107.9 Million
On February 23, 2021, the U.S. District Court for the District of Colorado entered a judgment against JBS subsidiary Pilgrim’s Pride Corporation, which pleaded guilty to conspiring to fix prices and rig bids for broiler chickens between 2012 and 2017, in violation of the Sherman Antitrust Act, 15 U.S.C. § 1.  United States v. Pilgrim’s Pride Corporation, No. 1:20-cr-00330.  Concurrently announced by the U.S. Department of Justice, the judgment orders Pilgrim’s to immediately pay $107,923,572 in criminal monetary penalties.  The plea agreement, previously announced by Pilgrim’s in October 2020, waives the company’s right to a jury trial and its right to appeal.  See ALWR—week ending Oct. 16, 2020, “JBS Subsidiary Pilgrim’s Pride Pleads Guilty to Price-Fixing.  According to the agreement, if the case had gone to trial, the United States would have presented evidence to prove that Pilgrim’s activities affected $361 million in broiler chicken product sales to Yum! Brands subsidiary KFC.  Additionally, the plea agreement specifically exempts from further prosecutorial protection, among other individuals, Pilgrim’s executives Roger Austin, Jimmie Lee Little, William Lovette, and Jayson Penn, who have been individually charged with Sherman Act violations.  For more on the executives, see ALWR—week ending June 12, 2020, “Chicken Industry Executives Indicted on Antitrust Charges” and ALWR—week ending Oct. 9, 2020, “U.S. Department of Justice Indicts Six More Poultry Executives Over Alleged Price Fixing.

Biofuels: EPA Formally Reverses Position on Renewable Fuels Standard Small Refinery Exemption Eligibility
On February 22, 2021, the U.S. Environmental Protection Agency (EPA) announced its support for the U.S. Court of Appeals for the Tenth Circuit’s January 2020 decision reversing EPA’s prior interpretation of eligibility for the renewable fuel standard (RFS) small-refinery exemption in Renewable Fuels Assn. v. EPA, No. 18-9533.  See ALWR—January 30, 2020, “Court of Appeals Invalidates EPA Grant of Renewable Fuel Standard Waivers.”  As a result, in the appeal of the Tenth Circuit’s decision by petroleum industry stakeholders to the U.S. Supreme Court in  HollyFrontier Cheyenne Refining, LLC, et al., Petitioners v. Renewable Fuels Association, et al., No. 20-472, the EPA declined to file a brief defending the EPA’s prior position by the February 22, 2021 deadline.  See also ALWR—week ending January 8, 2021, “Supreme Court to Hear Small-Refinery Exemption Appeal.”  Petitioners HollyFrontier Cheyenne Refining, LLC filed its brief on February 22, 2021 and Countrymark Refining and Logistics, LLC filed an amicus brief with the court on February 26, 2021.  The February 22 EPA announcement reiterated the Tenth Circuit’s holdings that: (1) a small refinery exemption may only be granted if the refinery has demonstrated and an existing exemption and a disproportionate economic hardship caused by RFS compliance;” (2) a small refinery need[s] to receive uninterrupted, continuous hardship exemptions for every year since 2011 to qualify for an exemption from the Renewable Fuel Standards blending requirements; (3) an exemption must exist for EPA to be able to ‘extend’ it.

Water Quality: Federal Judge Grants Summary Judgment Against Keystone Protein for Years of Violating Nitrogen Discharge Permit Levels
On February 18, 2021, the U.S. District Court for the Middle District of Pennsylvania issued a memorandum and order granting in part summary judgment against defendant Keystone Protein, a Pennsylvania poultry processing company owned by the brand Bell & Evans, in a Clean Water Act citizen suit filed by the Lower Susquehanna Riverkeeper Association.  Lower Susquehanna Riverkeeper et al v. Keystone Protein Company, No. 1:19-cv-01307.  The order denies Keystone’s motion for summary judgment on all counts, and instead grants in part summary judgment that establishes Keystone’s liability for violating its National Pollutant Discharge Elimination System (NPDES) permit by exceeding its daily maximum discharge of nitrogen.  The court found that Keystone violated its daily maximum concentration limit for total nitrogen on 257 days in 66 consecutive months from October 2014 through March 2020, and that additional evidence showed that it violated the total nitrogen limits from April through October 2020.  Because Keystone did not dispute these findings, the court determined that Keystone’s daily maximum limit violations totaled 288 days and its monthly average limit violations totaled 73 months.  However, the court declined to grant summary judgment concerning Keystone’s monthly average limit violations and stated that it would address such violations “at the penalty phase” of the litigation.  Penalties have yet to be determined in the case.

Packers and Stockyards Act: New Livestock Dealer Statutory Trust Established
On February 17, 2021, the U.S. Department of Agriculture (USDA) Agricultural Marketing Service (AMS) announced the establishment of a Livestock Dealer Statutory Trust to benefit unpaid cash sellers of livestock, as authorized by the December 27, 2020 Consolidated Appropriations Act.  According to the announcement, the legislation obligates livestock dealers with annual purchases of more than $100,000 to hold all livestock purchased and the proceeds of livestock resales in trust for the benefit of all unpaid cash sellers of livestock until full payment has been received by those sellers.  Livestock sellers who do not receive prompt dealer payments may file a claim with the trust.  Previously, on February 4, 2021, AMS released a report on its multi-year feasibility study on establishing a livestock dealer statutory trust required by the 2018 Farm Bill.

Agricultural Labor: 2021 Adverse Effect Wage Rate Published in Federal Register
On February 23, 2021, the Department of Labor (DOL) Employment and Training Administration (ETA) published in the Federal Register a notice titled “Labor Certification Process for the Temporary Employment of Aliens in Agriculture in the United States: 2021 Adverse Effect Wage Rates for Non-Range Occupations” 86 FR 10996.  The Adverse Effect Wage Rates (AEWR), or the minimum wage rates for H-2A workers, vary by state and are based upon the recently released 2020 Farm Labor Report.  For background, see ALWR—week ending February 19, 2021, “NASS Publishes 2020 Farm Labor Report; 2021 H-2A Minimum Wage to be Published.”  According to the notice, the AEWR for Pennsylvania is $14.05, effective February 23, 2021.

COVID-19: USDA Indefinitely Extends CFAP Application Deadline
On February 25, 2021, the U.S. Department of Agriculture (USDA) has updated its webpage titled “Coronavirus Food Assistance Program – Additional Assistance” to reflect that the February 26, 2021 program signup deadline has been eliminated.  Previously, USDA announced its suspension of payments under the Coronavirus Food Assistance Program (CFAP).  See ALWR—week ending January 29, 2021, “CFAP Additional Assistance Payments Halted Pending Further Review.”  According to the webpage, USDA continues a review of the program and will keep accepting applications throughout its review process.  USDA states that once it announces a decision regarding CFAP, producers will have at least an additional 30 days to apply.

COVID-19: Formal Audit of OSHA COVID-19 Worker Protection Actions Commences
On February 22, 2021, the U.S. Department of Labor (DOL) Office of Inspector General (OIG) issued a memoradum to the Occupational Safety and Health Administration (OSHA) announcing its intention to conduct an audit of OSHA’s actions related to protecting workers from COVID-19 exposure.  According to the memorandum, OIG will “contact [OSHA’s] audit liaison to schedule an entrance conference to discuss the audit’s objective, scope, and methodology.”

Pesticides/Herbicides: Illinois Issues Emergency Dicamba Regulations for 2021 Growing Season
On February 22, 2021, the Illinois Department of Agriculture (IDOA) announced emergency regulations under the Illinois Pesticide Act, establishing local use restrictions for dicamba products under FIFRA Section 24(a), as published in the Illinois Register on February 16, 2021. 45 Ill. Reg. 2071 (Feb. 16, 2021).  The emergency rules, effective February 5, 2021, prohibit the application of dicamba on soybeans after June 20 of each year, if the wind is blowing toward any Illinois Nature Preserves Commission site or adjacent residential area, or if the temperature or forecasted temperature at the time of application exceeds 85 degrees Fahrenheit. Additionally, producers must consult with the FieldWatch sensitive crop registry and follow all label and recordkeeping specifications.  According to the announcement, these state-level requirements impact the use of XtendiMax, Engenia, and Tavium products and are in addition to federal label requirements.

Dairy Policy: FARM program publishes 2020 Year in Review
On February 22, 2021, the National Dairy FARM (Farmers Assuring Responsible Management) Program announced the publication of its 2020 Year in Review.  National Dairy FARM was created by the National Milk Producers Federation in partnership with Dairy Management, Inc.

Participate in the PASA Sustainable Agriculture 15-minute Survey on the Impact of COVID-19 on Pennsylvania Farmers

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:

Songbirds’ Reproductive Success Reduced by Natural Gas Compressor Noise (Feb. 18, 2021).

Lake Turbidity Mitigates Impact of Warming on Walleyes in Upper Midwest Lakes (Feb. 26, 2021).

Weekly Featured Graphic:

From American Farm Bureau Federation, Market Intel: USDA Report: U.S. Dairy Farm Numbers Continue to Decline

Agricultural Law/Policy Resources of Interest: 

Tiffany Lashmet, Court Addresses Property Line Dispute Involving Fence and 100-Year Old Agreement (Feb. 22, 2021).

Kristine A. Tidgren, Many Employers May Benefit from Newly Revised Employee Retention Credit (Feb. 25, 2021).

Brigit Rollins, Environmentalists Challenge EPA Over Flood Project (Feb. 25, 2021).

Sarah Everhart, 2021 Adverse Effect Wage Rate – Suspensions, Injunctions, and Announcements (Feb. 23, 2021).

Jeffrey K. Lewis, What Sparks Insurance Coverage for the Loss of Dairy Income? (Feb. 26, 2021).

AGENCY PRESS RELEASES—STATE/FEDERAL

Pennsylvania Department of Agriculture Press Releases:

Secretary of Agriculture Announces Disaster Relief Funding Available for 25 PA Counties, Encourages Risk Management (Feb. 24, 2021).

Department of Agriculture Releases COVID-19 Restaurant Enforcement Actions, February 15 – 21, 2021 (Feb. 24, 2021).

Secretary of Agriculture: Pennsylvania Dogs to Face Horrific Consequences for Legislature’s Inaction on Dog License Fee Increase (Feb. 25, 2021).

Department of Agriculture: $500,000 Available to Improve Urban Agriculture Infrastructure, Combat Food Apartheid (Feb. 26, 2021).

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

U.S. Department of Agriculture Announces Key Staff Appointments (Feb. 22, 2021).

Education Department Amplifies USDA Expansion of SNAP Benefits to Help Students Pursuing Postsecondary Education During Pandemic (Feb. 23, 2021).

FACT SHEET: Update on USDA Activities to Contain the COVID-19 Pandemic (Feb. 24, 2021).

USDA Invests $42 Million in Distance Learning and Telemedicine Infrastructure to Improve Education and Health Outcomes (Feb. 25, 2021).

USDA Agency Press Releases:

AMS Announces New Dealer Statutory Trust to Protect Livestock Sellers, AMS (Feb. 17, 2021).

USDA Seeks Nominees for the United Soybean Board, AMS (Feb. 17, 2021).

USDA Announces Suspension of Washington Irish Potato Reporting and Assessment Requirements, AMS (Feb. 24, 2021).

USDA to Host March Webinar on Specialty Crops Import Filing, AMS (Feb. 26, 2021).

USDA Agricultural Research Service Sets Stage for Next-Generation Researchers, ARS (Feb. 26, 2021).

APHIS is Proposing to Classify the State of Sonora, Mexico as Level One for Brucellosis, APHIS (Feb. 24, 2021).

APHIS is Proposing to Classify Canada as Level One for Bovine Tuberculosis and Brucellosis, APHIS (Feb. 24, 2021).

Still Time to Be Counted in the 2020 Local Food Marketing Practices Survey,NASS (Feb. 23, 2021).

USDA Invites Comments on Final Rule to Expand Broadband Access in Rural America Under the ReConnect Program, Rural Development (Feb. 26, 2021).

STATE ACTIONS—EXECUTIVE/LEGISLATIVE

Pennsylvania Executive Agencies (Pa. Bulletin Vol. 51, No. 9—Feb. 27, 2021): 

Department of Agriculture

51 Pa.B. 1024 Notice: “Farm-to-School Grant Program; 2020-2021 Program Guidelines.”

51 Pa.B. 1025 Notice: “Program Requirements for the Urban Agricultural Infrastructure Grant Program.”

Pennsylvania Legislature

Senate Legislation in the House

SB 64 “An Act amending . . . the Agricultural Area Security Law, further providing for purchase of agricultural conservation easements, for Agricultural Conservation Easement Purchase Fund and for Land Trust Reimbursement Program.” Referred to Agriculture and Rural Affairs [House] (Feb. 26, 2021).

SB 36 “An Act amending . . . the Dog Law, in licenses, tags and kennels, further providing for transfer of dog licenses or tags and other licensing requirements and for service dogs and dogs used by municipal or State Police departments.” Referred to Agriculture and Rural Affairs [House] (Feb. 26, 2021).

Senate Legislation

SB 191 “An Act amending . . . the Pennsylvania Construction Code Act, in preliminary provisions, further providing for definitions and for application [Agritainment: Exempting Agriculture Buildings from the Uniform Construction Code].” First consideration [Senate] (Feb. 23, 2021).

SB 278 “An Act providing for limited civil liability for agritourism activity providers, for notice of limited civil liability and for acknowledgment of limited civil liability.” Referred to Judiciary [Senate] (Feb. 24, 2021).

SB 275 “An Act amending Title 53 (Municipalities Generally) of the Pennsylvania Consolidated Statutes, in preemptions, providing for restrictions on utility services prohibited [Energy Choice Legislation].” Referred to Local Government [Senate] (Feb. 24, 2021).

SB 284 “An Act amending Title 27 (Environmental Resources) of the Pennsylvania Consolidated Statutes, providing for bonding for alternative energy production projects [Bonding of Solar and Wind Installations]” Referred to Environmental Resources and Energy [Senate] (Feb. 26, 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.” Referred to Agriculture and Rural Affairs [Senate] (Feb. 26, 2021).

House Legislation

HB 643 “An Act providing for food desert opportunity zones and for food desert opportunity zone tax credits and imposing powers and duties on the Department of Community and Economic Development and the Department of Revenue.” Referred to Finance [House] (Feb. 24, 2021).

HB 673 “An Act establishing the Pennsylvania Brewery, Distillery and Winery Manufacturers COVID-19 Grant Program; imposing powers and duties on the Department of Community and Economic Development; and making an appropriation.” Referred to Liquor Control [House] (Feb. 26, 2021).

HB 660 “An Act amending . . . the Construction Workplace Misclassification Act, further providing for administrative penalties, for stop-work orders, for certain agreement prohibited and for use of penalty funds [Increasing Penalties for Misclassifying Workers].” Referred to Labor and Industry [House] (Feb. 26, 2021).

FEDERAL ACTIONS—EXECUTIVE/LEGISLATIVE

Federal Executive Agencies (Federal Register Feb. 22–26, 2021): 

Agriculture Department

86 FR 11217 Notice: “Submission for OMB Review; Comment Request [Food and Nutrition Service: Special Nutrition Programs Quick Response Surveys” (Feb. 24, 2021).

86 FR 11217 Notice: “Submission for OMB Review; Comment Request [Agricultural Marketing Service: Regulations and Related Reporting and Recording Requirements—FTPP, Packers and Stockyards Division]” (Feb. 24, 2021).

Agricultural Marketing Service

86 FR 10459 Proposed Rule—Comment Period: “Lamb Promotion, Research, and Information Order; Activity Changes; Comment Period Reopened” (Feb. 22, 2021)

86 FR 10531 Notice—Comment Period: “Mycotoxin Test Kit Design Specifications and Performance Criteria” (Feb. 22, 2021)

86 FR 10530 Notice—Comment Period: “Opportunity for Designation in the Urbana, Illinois; Sandusky, Michigan; Davenport, Iowa; Enid, Oklahoma; Keokuk, Iowa; Marshall, Michigan; Council Bluffs, Iowa; Fremont, Nebraska; Annapolis, Maryland; Amarillo, Texas; Cairo, Illinois; Baton Rouge, Louisiana; Raleigh, North Carolina; Belmond, Iowa; and Ogden, Utah, Areas; Request for Comments on the Official Agencies Servicing This Area” (Feb. 22, 2021)

86 FR 11091 Final Rule: “Irish Potatoes Grown in Washington; Suspension of Reporting and Assessment Requirements” (Feb. 24, 2021).

86 FR 11094 Interim Rule, comments accepted: “Mango Promotion, Research and Information Order; Removal of Frozen Mangos” (Feb. 24, 2021).

86 FR 11387 Final Rule: “Softwood Lumber Research, Promotion, Consumer Education and Industry Information Order; Assessment Rate Increase” (Feb. 25, 2021).

86 FR 11719 Notice—Comment Period: “Virtual Meeting of the Fruit and Vegetable Industry Advisory Committee” (Feb. 26, 2021).

Animal and Plant Health Inspection Service

86 FR 11218 Notice—Comment Period: “Classify Canada as Level I for Bovine Tuberculosis and Brucellosis” (Feb. 24, 2021).

86 FR 11219 Notice—Comment Period: “Classify the State of Sonora, Mexico, as Level I for Brucellosis” (Feb. 24, 2021).

Employment and Training Administration

86 FR 10996 Notice: “Labor Certification Process for the Temporary Employment of Aliens in Agriculture in the United States: 2021 Adverse Effect Wage Rates for Non-Range Occupations” (Feb. 23, 2021)

Environmental Protection Agency

86 FR 11133 Final Rule, comments accepted: “Tetraniliprole; Pesticide Tolerances” (Feb. 24, 2021).

86 FR 11215 Proposed Rule—Comment Period: “Receipt of a Pesticide Petition Filed for Residues of Pesticide Chemicals in or on Various Commodities (December 2020)” (Feb. 24, 2021).

86 FR 11286 Notice—Comment Period: “Pesticide Product Registration; Receipt of Applications for New Uses” (Feb. 24, 2021).

86 FR 11488 Proposed Rule—Comment Period: “Receipt of a Pesticide Petition Filed for Residues of Pesticide Chemicals in or on Various Commodities (February 2021)” (Feb. 25, 2021).

Federal Emergency Management Agency

86 FR 10837 Final Rule: “Suspension of Community Eligibility [Pa., Va., Tenn.]” (Feb. 23, 2021)

86 FR 11789 Notice: “Changes in Flood Hazard Determinations [Colo., Conn., Fla., Me., Mont., N.H., Okla., S.C., Tenn., Tex., Utah]” (Feb. 26, 2021).

Fish and Wildlife Service

86 FR 10622 Proposed Rule—Comment Period: “Migratory Bird Hunting; Proposed 2021-22 Frameworks, and Special Procedures for Issuance of Annual Hunting Regulations” (Feb. 22, 2021)

86 FR 10899 Proposed Rule—Comment Period: “Subsistence Management Regulations for Public Lands in Alaska-2022-23 and 2023-24 Subsistence Taking of Wildlife Regulations” (Feb. 23, 2021)

86 FR 11707 Proposed Rule—Comment Period: “Migratory Bird Subsistence Harvest in Alaska; Harvest Regulations for Migratory Birds in Alaska During the 2021 Season” (Feb. 26, 2021).

Food and Drug Administration

86 FR 10818 Final Rule, technical amendment: “New Animal Drug Applications; Beta-Aminopropionitrile Fumarate; n” (Feb. 23, 2021)

86 FR 10819 Rule: “New Animal Drugs; Withdrawal of Approval of New Animal Drug Applications” (Feb. 23, 2021)

86 FR 10979 Notice: “Potential Approach for Defining Durations of Use for Medically Important Antimicrobial Drugs Intended for Use In or On Feed: A Concept Paper; Request for Comments; Extension of Comment Period” (Feb. 23, 2021)

Land Management Bureau

86 FR 11792 Notice—Comment Period: “Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Protection, Management, and Control of Wild Horses and Burros” (Feb. 26, 2021).

National Agriculture Statistics Service

86 FR 10919 Notice—Comment Period: “Notice of Intent To Request To Conduct a New Information Collection [Hemp Acreage and Production Survey]” (Feb. 23, 2021)

Presidential Documents

86 FR 11089 “Revocation of Executive Order 13801 [Expanding Apprenticeships in America]” (Feb. 23, 2021)

Small Business Administration

86 FR 10613 Notice: “Administrative Declaration Amendment of a Disaster for the Commonwealth of Pennsylvania” (Feb. 22, 2021)

86 FR 11820 Notice: “Presidential Declaration Amendment of a Major Disaster for the State of Texas” (Feb. 26, 2021).

U.S. House Agriculture Committee

H.Res.150 “Expressing support for the designation of February 20 to February 27, 2021, as “National FFA Week”, recognizing the important role of the National FFA (FFA) Organization in developing the next generation of leaders who will change the world, and celebrating 50 years of National FFA Alumni and Supporters.” Referred to the House Committee on Agriculture (Feb. 23, 2021).

H.R.1225 “To improve diversity and inclusion in the workforce of national security agencies, and for other purposes.” Referred to the Committees on Foreign Affairs, Armed Services, Intelligence, the Judiciary, Homeland Security, Agriculture, and Financial Services (Feb. 23, 2021).

H.R.1240 “To amend the Federal Crop Insurance Act to modify prevented planting coverage. Referred to the House Committee on Agriculture (Feb. 23, 2021).

H.R.1258 To amend the Poultry Products Inspection Act and the Federal Meat Inspection Act to support small and very small meat and poultry processing establishments, and for other purposes.” Referred to the House Committee on Agriculture (Feb. 23, 2021).

H.R.54 “FUEL Reform Act” Referred to the Subcommittee on Commodity Exchanges, Energy, and Credit (Feb. 24, 2021).

H.R.218 “Saving America’s Energy Future Act” Referred to the Subcommittee on Conservation and Forestry (Feb. 24, 2021).

H.R.220 “STRESS under COVID–19 Act” Referred to the Subcommittee on Biotechnology, Horticulture, and Research (Feb. 24, 2021).

H.R.247 “Acre In, Acre Out Act” Referred to the Subcommittee on Conservation and Forestry (Feb. 24, 2021).

H.R.267 “2020 WHIP+ Reauthorization Act” Referred to the Subcommittee on General Farm Commodities and Risk Management (Feb. 24, 2021).

H.R.279 “Roadless Area Conservation Act of 2021” Referred to the Subcommittee on Conservation and Forestry (Feb. 24, 2021).

H.R.351 “COLA’s Don’t Count Act of 2021” Referred to the Subcommittee on Nutrition, Oversight, and Department Operations (Feb. 24, 2021).

H.R.388 “Hawaii Invasive Species Protection Act” Referred to the Subcommittee on Biotechnology, Horticulture, and Research (Feb. 24, 2021).

H.R.488 “Saving America’s Mines Act” Referred to the Subcommittee on Conservation and Forestry (Feb. 24, 2021).

H.R.498 “Rural Equal Aid Act” Referred to the Subcommittee on Commodity Exchanges, Energy, and Credit (Feb. 24, 2021).

H.R.543 “POWER Act” Referred to the Subcommittee on Conservation and Forestry (Feb. 24, 2021).

H.R.547 “DIRECT Act” Referred to the Subcommittee on Livestock and Foreign Agriculture (Feb. 24, 2021).

H.R.633 “State National Forest Management Act of 2021” Referred to the Subcommittee on Conservation and Forestry (Feb. 24, 2021).

H.R.1291 “To provide for loans to critical rural utility service providers to ensure continued service and safe operation of rural utility systems during certain emergencies, and for other purposes.” Referred to the House Committee on Agriculture (Feb. 24, 2021).

H.R.1313 “To amend the Internal Revenue Code of 1986 to establish a new tax credit and grant program to stimulate investment and healthy nutrition options in food deserts, and for other purposes.” Referred to the Committees on Ways and Means, and the Committee on Agriculture (Feb. 24, 2021).

H.R.1363 “To amend the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to provide for an additional goal of the Agriculture Advanced Research and Development Authority (AGARDA) to enhance the role of agriculture in innovative sustainability solutions.” Referred to the House Committee on Agriculture (Feb. 25, 2021).

H.R.1389 “To amend the Plant Protection Act for purposes of mitigating the threat of invasive species, and for other purposes.” Referred to the House Committee on Agriculture (Feb. 25, 2021).

H.R.1352 “To establish a trust fund to provide for adequate funding for water and sewer infrastructure, and for other purposes.” Referred to the Subcommittee on Water Resources and Environment (Feb. 26, 2021).

H.R.1393 “To address the history of discrimination against Black farmers and ranchers, to require reforms within the Department of Agriculture to prevent future discrimination, and for other purposes.” Referred to the Committees on Agriculture, Education and Labor, Financial Services, the Judiciary, and the Budget (Feb. 26, 2021).

H.R.1413 “To amend the Food and Nutrition Act of 2008 to expand online benefit redemption options under the supplemental nutrition assistance program, and for other purposes.” Referred to the House Committee on Agriculture (Feb. 26, 2021).

H.R.1442 “To amend the Animal Welfare Act to require that covered persons develop and implement emergency contingency plans.” Referred to the House Committee on Agriculture (Feb. 26, 2021).

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

S.359 “A bill to amend the Federal Crop Insurance Act to modify prevented planting coverage.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry (Feb. 23, 2021).

S.370 “A bill to amend the Poultry Products Inspection Act and the Federal Meat Inspection Act to support small and very small meat and poultry processing establishments, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry (Feb. 23, 2021).

S.409 “A bill to amend the Commodity Exchange Act to modify the Commodity Futures Trading Commission Customer Protection Fund, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry (Feb. 24, 2021).

S.486 “A bill 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.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry (Feb. 25, 2021).

Connect with the Center on Facebook or on Twitter @AgShaleLaw

Top #AgLaw HotLinks Feb. 22–26, 2021  

EPA Supports Tenth Circuit’s Renewable Fuels Association Decision- Action Viewed As a “Win” for Farmers, Farm Policy News

The CDC Recommended States Prioritize Farm Workers for the Covid-19 Vaccine.  Some Large Agricultural States Have Not., The Counter

Texas Dairy Industry Assessing Damages, Brownfield

Texas Food Supply Chain in Critical Condition, Brownfield

World Food Price Laureates Ask Biden to Make Global Hunger a Top Priority, Brownfield

Defining ‘Natural’ in Food: Commission Pressed to Fill ‘Considerable Gap’ in Labelling Framework, Food Navigator

Black History Month – Celebrating Black American Achievements Past and Present, USDA

USDA Commits to Improve Equity & Fairness, Sustainability & Rural Quality-of-Life, but Places Pandemic Control Above All Else, Food Navigator

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