March 23, 2022

Agricultural Law Weekly Review—Week Ending March 18, 2022

Food Labeling: Tenth Circuit Affirms Dismissal of ‘Product of USA’ Meat Labeling Lawsuit 🌾
On March 11, 2022, the U.S. Court of Appeals for the Tenth Circuit issued an opinion and order affirming the U.S. District Court for the District of New Mexico’s dismissal of a suit alleging that the “Product of the U.S.A” labels used by the defendant meat packers—Tyson Foods, Inc., Cargill Meat Solutions, Corp., JBS USA Food Company, and National Beef Packing Company, LLC—are deceptive and misleading because the labeled beef products are not derived from cattle born and raised in the United States but instead are only slaughtered and processed after live importation.  Thornton, et al v. Tyson Foods, et al, No. 20-02124.  The court found that the plaintiffs’ state-law mislabeling claims were expressly preempted by federal law and cited the U.S. Department of Agriculture’s (USDA) Food Safety and Inspection Service’s (FSIS) policy book.  The court noted that FSIS policy states that “a label may bear the phrase ‘Product of the U.S.A’ if the product is processed in the U.S. (i.e., is of domestic origin)” and that the “Product of the U.S.A” label “‘applies to products that, at a minimum, have been prepared in the United States’ and does not ‘mean that the product is derived only from animals that were born, raised, slaughtered, and prepared in the United States.’”  In response to the court’s dismissal, on March 15, 2022, the plaintiffs filed a petition for rehearing en banc, arguing that the circuit court’s dismissal conflicts with U.S. Supreme Court case law and is contrary to the Federal Meat Inspection Act.  For background, see ALWR—Sept. 4, 2020, “District Court Dismisses ‘Product of the USA’ Meat Labeling Lawsuit.”

Ag-Gag Statutes: Federal District Court Permanently Enjoins Iowa’s Second “Ag-Gag” Law
On March 14, 2022, the U.S. District Court for the Southern District of Iowa issued an order enjoining and finding unconstitutional Iowa’s second “ag-gag” law, Iowa Code § 717A.3B enacted in March 2019 and preliminarily enjoined in December 2019. Animal Legal Defense Fund v. Reynolds, No. 4:19-cv-00124.  The statute criminalizes the use of deceit to gain access to an agricultural production facility with the intent to cause physical or economic harm.  The court found that the law unconstitutionally discriminated against the hypothetical trespasser based upon viewpoint because it “only imposed liability based on the ‘intent’ of the trespasser,” noting that “[a] trespasser intending no harm or intending to ‘laud’ a facility is not punished.”  The court granted summary judgement for the plaintiffs and summed up its analysis by stating, “It is incontrovertible that the government can protect an individual’s private property rights—including their right to exclude.  However, the intent element of § 717A.3B does not concern the same legally cognizable harm caused by trespass recognized by the Eighth Circuit. Rather, Iowa seeks to protect private property rights by singling out for punishment, at least in part, trespassers based on their disfavored viewpoint of agriculture.”  Although 717A.3B is now permanently enjoined, Iowa enacted a third and fourth iterations of an “ag-gag” the law in June 2020 and April 2021, and portions of the state’s 2012 law were upheld by the U.S. Court of Appeals for the Eighth Circuit in August 2021.  For background, see ALWR—March 21, 2019, “Iowa Governor Signs Ag Trespass Bill,” ALWR—June 12, 2020, “Iowa Enacts ‘Food Operation Trespass’ Law That is ‘Content Neutral,’” ALWR—April 16, 2021, “Iowa Legislature Passes Fourth Iteration of an ‘Ag-Gag’ Law, Addressing Content-Neutral Audio and Video Recording,” and ALWR—Aug. 13, 2021, “Eight Circuit Upholds Iowa’s 2012 Ag-Gag Law in Part.”

Avian Influenza: Detections in Domestic Poultry
The U. S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) has confirmed highly pathogenic avian influenza (HPAI) detected in domestic poultry in the following states (appearing in chronological order from the earliest detection):

  1. Indiana—Feb. 8, 16, 23 (two separate premises) and 24 and Mar. 2 in commercial turkeys;
  2. Kentucky—Feb. 12 in commercial broiler chickens (broilers) and Feb. 15 in commercial turkeys;
  3. Virginia—Feb. 12 in mixed backyard poultry;
  4. New York—Feb. 19 and 24 (two separate premises) in various non-commercial poultry;
  5. Maine—Feb. 19, 23, Mar. 17 and 19 (two separate premises) in backyard poultry;
  6. Delaware—Feb. 22 in broilers and laying hens (layers) and Mar. 8 in commercial pullets;
  7. Michigan—Feb. 23 in backyard poultry;
  8. Iowa—Mar. 1, 6, 17, 20 in backyard poultry, commercial turkeys and one premise of >5.3 million layers;
  9. Connecticut—Mar. 1 in backyard poultry;
  10. Missouri—Mar. 4, (two separate premises), 15 in broilers and backyard poultry and Mar. 8 and 9 in commercial turkeys;
  11. Maryland—Mar. 4, 8, 10 and 18 in commercial layers, broilers and pullets;
  12. South Dakota—Mar. 5, 18 (two separate premises) and 20 in a commercial mixed species flock, backyard poultry and commercial turkeys;
  13. Kansas—Mar. 12, 18 in backyard poultry;
  14. Illinois—Mar. 12 in backyard poultry;
  15. Wisconsin—Mar. 13 in commercial layers;
  16. Nebraska—Mar. 15 in backyard poultry;
  17. New Hampshire—Mar. 17 in backyard poultry.

According to APHIS, depopulation thus far has included more than: (1) >480,000 commercial turkeys; (2) >12.5 million commercial chickens, 2.3 million of which are in Delaware and Maryland counties bordering southeastern Pennsylvania, including Lancaster County, Pennsylvania. According to USDA-NASS, Lancaster County, Pennsylvania is the #4 ranked county in the U.S. for poultry and egg production with an inventory of approximately 29.6 million commercial poultry as of Dec. 31, 2017. (Last updated Mar. 22, 2022.)

Biotechnology: Genetically Engineered Soybean Deregulated
On March 15, 2022, the U.S. Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) published notice in the Federal Register of the agency’s decision to deregulate a genetically engineered soybean variety developed by BASF Corporation (87 FR 14440).  The agency’s determination applies to GMB 151, which was genetically engineered to resist soybean cyst nematodes, a parasitic worm, and to tolerate the pesticide 4-hydroxyphenylpyruvate dioxygenase (HPPD-4).  APHIS stated that its decision was based on its final plant pest risk assessment and final environmental assessment, which supported the agency’s finding of no significant impact—that GMB 151 is not likely to pose a greater plant pest risk than the unaltered soybean variety from which it was created.  Because of GMB 151’s deregulated status, APHIS authorizations are no longer required for the variety’s interstate movement, environmental release, or importation.  However, importation of GMB 151 seeds, propagative material, and grain for consumption are subject to Federal Seed Act Regulations and APHIS foreign quarantine notices.

National Agricultural Policy: USDA Requests Comment on Fertilizer, Seeds, and Food Distribution; Announces Upcoming Fertilizer Grants
On March 17, 2022, the U.S. Department of Agriculture (USDA) published in the Federal Register three notices requesting comment on fertilizer competition and supply chain concerns (87 FR 15191), seeds and agricultural inputs, particularly those relating to the intellectual property system (87 FR 15198), and food retail and wholesale distribution markets (87 FR 15194).  The 60-day comment periods close May 16, 2022.  Additionally, on March 11, 2022, USDA announced that it will provide $250 million for a new fertilizer grant program to support fertilizer production that is domestic, innovative, independent, sustainable, and “farmer-focused.”  USDA states that it will announce the application process in summer 2022 and expects to issue the first awards by year-end 2022.

Agritourism: Hayride Owners Exempted from Engineer Verification for PA Registration
On March 5, 2022, the Pennsylvania Department of Agriculture’s (PDA) Bureau of Ride and Measurement Standards published an order (52 Pa.B. 1362) in the Pennsylvania Bulletin allowing hayride operators to register a hayride attraction under 7 Pa. Code § 139.4 without submitting written verification from a registered engineer as generally required under 7 Pa. Code § 139.4(d)(7)(ii).  According to the order, PDA has had difficulties regulating hayride attractions under the existing registration and approval processes “because the wagon/trailer and the tow vehicle of a hayride are not designed or built with the specific intent to be used as an amusement ride.”  PDA further noted that “[t]he nature of th[e] type of ride—farm equipment being used as a hayride—creates an undue hardship on owners and operators” in producing the required engineering analysis.  PDA concluded that the requirement of written verification under seal of a professional engineer that the ride adheres to applicable design, load and safety requirements, regulations, and the American Society for Testing and Materials (ASTM) International F24 Committee Standards was “not appropriate or applicable to owners and operators that use farm equipment, e.g., a wagon/trailer and tow vehicle, for both agriculture purposes and as a hayride attraction.”  However, the order states that hayride owners “shall comply with all other requirements under 7 Pa. Code § 139.4.”

Avian Influenza: Delaware Issues Poultry Litter Movement Restrictions
On March 10, 2022, the Delaware Department of Agriculture (DDA) issued a control order, effective for 60 days, restricting the movement of poultry litter in all areas of the state north of Route 10, Dover Air Force Base, and Pickering Beach Road.  On March 18, 2022, DDA issued its first modification to the order, which implements the following restrictions:

  • “For any poultry farms that had birds present on the premises on or after March 1, 2022, poultry litter may be transported off the farm 14 days after the birds have been taken for processing. There are no restrictions on litter being moved on the farm (e.g., from the poultry house to manure storage or being able to be spread on that farm).
  • In addition, for all poultry farms in a 10-km ‘Control Area’ of an affected farm, the farm owner must obtain a permit from DDA’s Nutrient Management Program, prior to moving poultry litter.”

DDA’s website contains poultry updates and the agency is maintaining an Avian Influenza Information Center.  On March 9, 2022, Maryland issued similar poultry movement restrictions, designating poultry restriction zones throughout the entire northern portion of the Delmarva Peninsula.  See ALWR—Mar. 11, 2022, “Maryland Issues Poultry Litter Movement Restriction in Four Counties.”

Pesticides/Herbicides: Eighth Circuit Allows Suit to Proceed Against EPA for Chlorpyrifos Tolerance Revocation
On March 16, 2022, the U.S. Court of Appeals for the Eighth Circuit issued an order dismissing for lack of jurisdiction a suit challenging the U.S. Environmental Protection Agency’s (EPA) revocation of all chlorpyrifos food tolerances and denying the petitioner producer organizations’ motion to consolidate multiple cases as moot. RRVSG Assoc., et al v. Michael Regan, et al, No. 22-1294.  However, on March 15, 2022, in the petitioner’s parallel litigation filed on February 28, 2022, the Eighth Circuit issued an order denying the petitioner’s motion for partial stay pending review but exercising jurisdiction over the dispute and allowing the case to proceed. RRVSG Assoc., et al v. Michael Regan, et al, No. 22-1422. For background, see ALWR—Feb. 25, 2022, “EPA Issues Order Denying All Objections to Final Rule Revoking all Chlorpyrifos Tolerances.”

CENTER PROGRAMS & RESOURCES

New at aglaw.psu.edu:

Agricultural Law Podcasts: 

Episode #209, Appropriations Act Provides $1 Million for Cattle Contract Library Pilot Program & FDA Approves Food Use for Genetically Altered Cattle (Mar. 15, 2022).

Episode #208, Federal Court Denies Prop 12 Preliminary Injunction & EPA Denies All Objections to Chlorpyrifos Rule (Mar. 10, 2022).

Episode #207, Ag Groups File Suit to Stay Chlorpyrifos Rule & High Path Avian Influenza Confirmed in Commercial Flocks (Feb. 28, 2022).

Episode #206, Pa. Mushroom Co-op Not Entitled to Antitrust Protection & USDA Opens Online Complaint Portal (Feb. 16, 2022).

Events:


Free webinar series via Zoom for specialty crop producers consisting of 6 sessions, plus 2 recaps / workshops, on the prevention and planning necessary to best avoid contractual, tort, and regulatory liabilities in conducting income-augmenting activities such as direct sales, pick-your-own, value-added processing, or agritourism and agritainment. More information and one-time registration can be found on the event page.  Registration at any time entitles you to: (a) attend all future sessions live; (b) watch the recordings of all sessions on-demand; (c) receive the webinar materials in a special compiled format upon completion of the series. After registration, you’ll receive access links and reminders for all sessions going forward.

Webinars 1-3

  • Mar. 9, 2022, noon ET: Legal Liability Risks from Business Invitees on the Farm (register and get access to the recording of this webinar).
  • Mar. 23,2022, noon ET: Legal Liabilities in Selling Raw and Processed Specialty Crop Products.
  • Mar. 6, 2022, noon ET: Business Structures for Operational Resilience and Liability Avoidance.

Webinars 4-6  

  • Mar. 16, 2022, noon ET: Licensing and Regulatory Obligations in Selling Raw and Processed Specialty Crop Products.
  • Mar. 30, 2022, noon ET: Municipal Law & Zoning for Agritourism / Agritainment, Specialty Crop Processing & Sales.
  • Mar. 14, 2022, noon ET: Statutory Protections/Restrictions: Understanding PA’s Ag Area Security, Right-To-Farm, ACRE, and Clean & Green Laws.

We Conserve PA, Solar Series (4 webinars): More info and registration for the series is at weconservepa.org. Center Staff Attorney Brook Duer will be a presenter and panelist in this series, co-presented with Penn State Extension’s Tom Murphy, Director of the Penn State Marcellus Center for Outreach and Research. Recordings will be available for registrants.

Mar. 23, 2022, Penn State Extension Webinar, Farmland Preservation Programs and Techniques in Pennsylvania, noon-1:30 pm ET. Center Staff Attorney Brook Duer will be a presenter. Registration.

Mar. 30, 2022, Penn State Extension Webinar, Vineyard Herbicide Drift Concerns and Considerations, 3-4:30 pm ET, Center Staff Attorney Jackie Schweichler will be a presenter. Registration.

Mar. 31, 2022, Delaware Law School at Widener University, All Matters FDA: 12th Annual Food and Drug Law Symposium, 1:00–5:15 pm ET, presented virtually. Four (4) CLE credits available. Center Staff Attorney Brook Duer will be panelist speaking on enforcement of state food safety laws and regulations. Registration.

April 6, 2022, Growing Careers in Agricultural & Food Law: Law Students, presented by the National Agricultural Law Center and American Agricultural Law Association, noon ET, Registration.

Connect with the Center at aglaw.psu.edu, Facebook, or Twitter @AgShaleLaw 

Top #AgLaw HotLinks March 14–18, 2022

Farmers Face Expensive Spring as Diesel Costs Surge, Politico Pro and E&E News

Drought and Wildfires: The Costliest Disasters for Crop Farmers in 2021, Brownfield

High Global Wheat Prices Through 2023 — IFPRI Analysts, FERN’s Ag Insider

Pizza Ice Cream, Kraft Mac & Cheese Among New Ice Cream Flavors Coming to Walmart, USA Today

Update: CP Rail Strike Notice Given, Feedstuffs

Pennsylvania Farm/Food Employers’ Listserv (PFEL) is a human resources networking group exclusively for farm and food employers. Subscribe by email with “subscribe” in the subject line to pfel-subscribe-request@lists.psu.edu.

Agricultural Law & Policy Resources of Interest:   

Academic & Government Resources

Media & Industry Resources

Penn State News, Research & Resources

Weekly Featured Graphics:

1. AFBF Market Intel, Ukraine, Russia, Volatile Ag Markets (Mar. 16, 2022).

2. HPAI Update by USDA APHIS’ Dr. Chrislyn Wood.

Agriculture-Related Legislative Hearings & Reports: 

PA Senate Env. Res. Comm., Joint Public Hearing on Economic Impacts of RGGI, Mar. 29, 2022, 10:00 am, Hearing Room 1, N. Office Bldg. Livestreamed.

U.S. House Ag. Comm., 2022 Review of the Farm Bill: The Role of USDA Programs in Addressing Climate Change, recording and materials (recorded Mar. 16, 2022).

U.S. House Ag. Comm., Report: H. Rept. 117-203 – CATTLE CONTRACT LIBRARY ACT OF 2021 (Dec. 7, 2021).

FEDERAL ACTIONS—EXECUTIVE & LEGISLATIVE 

U.S. DEPARTMENT OF AGRICULTURE (USDA) PRESS RELEASES:           

USDA Now Accepting Applications for the Local Food for Schools Cooperative Agreement Program, Providing Up To $200 Million to Purchase Local Food for Schools (Mar. 17, 2022).

USDA Announces Actions on Nutrition Security (Mar. 17, 2022).

USDA Announces Additional Farm Service Agency and Rural Development State Directors (Mar. 17, 2022).

USDA Announces Partnership with Northwest Seaport Alliance to Ease Port Congestion and Restore Disrupted Shipping Services to U.S. Grown Agricultural Commodities (Mar. 18, 2022).

USDA AGENCY PRESS RELEASES:           

Agricultural Research Service (ARS)

Saving the Future of Chocolate: New Research Aims to Stop Loss of Cacao Plant (Mar. 15, 2022).

Animal and Plant Health Inspection Service (APHIS) 

APHIS Seeks Comment on Draft Pest Risk Assessment for the Importation of Fresh Thyme from Ethiopia (Mar. 14, 2022).

APHIS Seeks Comment on Draft Pest Risk Assessment for the Importation of Fresh Wasabi from Indonesia (Mar. 14, 2022).

Deregulation of Soybean Developed Using Genetic Engineering (Mar. 14, 2022).

USDA Confirms Highly Pathogenic Avian Influenza in Wisconsin (Mar. 14, 2022).

USDA Confirms Highly Pathogenic Avian Influenza in a Non-Commercial Backyard Flock (Non-Poultry) in Nebraska (Mar. 16, 2022).

USDA Confirms Highly Pathogenic Avian Influenza in a Non-Commercial Backyard Flock (Non-Poultry) in New Hampshire (Mar. 17, 2022).

Farm Service Agency (FSA)

USDA Updates Eligibility for Spot Market Hog Pandemic Program (Mar. 17, 2022).

Food Safety and Inspection Service (FSIS) 

Constituent Update – March 18, 2022 (Mar. 18, 2022)

Foreign Agriculture Service (FAS) 

Export Sales to Mexico [Corn] (Mar. 14, 2022).

Export Sales to Unknown Destinations [Corn] (Mar. 17, 2022).

USDA Trade Mission to Dubai in Focus: A Visit to Camelicious Shows US-UAE Trade in Action (Mar. 18, 2022).

USDA McGovern-Dole and Food for Progress FY 2022 Public Meeting Webinar (Mar. 18, 2022).

National Agricultural Statistics Service (NASS)

USDA NASS to livestream agricultural data briefings, enhances public access to valuable information (Mar. 16, 2022).

National Institute of Food and Agriculture (NIFA)

USDA-NIFA Invests Over $13M in Treating, Eradicating Livestock Diseases (Mar. 16, 2022).

USDA-NIFA Invests Over $5M in Human Chronic Disease Prevention (Mar. 17, 2022).

Rural Development

USDA Invests in Communities Vital to Energy Production (Mar. 18, 2022).

FEDERAL EXECUTIVE AGENCIES (Federal Register  March 14–18, 2022):            

Agricultural Marketing Service

87 FR 15194 Notice—Comment Period: “Competition in Food Retail and Distribution Markets and Access for Agricultural Producers and Small and Midsized Food Processors” (Mar. 17, 2022).

87 FR 15198 Notice—Comment Period: “Competition and the Intellectual Property System: Seeds and Other Agricultural Inputs” (Mar. 17, 2022).

87 FR 15191 Notice—Comment Period: “Access to Fertilizer: Competition and Supply Chain Concerns” (Mar. 17, 2022).

Agriculture Department     

87 FR 15358 Notice: “Submission for OMB Review; Comment Request [2017 Wildfires and Hurricanes Indemnity Program (2017 WHIP) and (Florida Citrus Block Grant) and Quality Loss Adjustment (QLA) Program]” (Mar. 18, 2022).

Animal and Plant Health Inspection Service

87 FR 14440 Notice: “BASF Corporation; Determination of Nonregulated Status of Plant-Parasitic, Nematode-Protected and Herbicide-Tolerant Soybean” (Mar. 15, 2022).

Drug Enforcement Administration

87 FR 14292 Notice—Comment Period: “Bulk Manufacturer of Controlled Substances Application: Bulk Manufacturer of Marihuana: Agriculture Technology Institute, LLC” (Mar. 14, 2022).

Environmental Protection Agency

87 FR 14848 Notice: “Information Collection Request Submitted to OMB for Review and Approval; Comment Request; Meat and Poultry Products Industry Data Collection” (Mar. 16, 2022).

87 FR 15093 Final Rule: “Zinc Stearate; Tolerance Exemption” (Mar. 17, 2022).

87 FR 15335 Final Rule: “Bicyclopyrone; Pesticide Tolerances” (Mar. 18, 2022).

Farm Service Agency

87 FR 15358 Notice: “Notice of Funds Availability; Spot Market Hog Pandemic Program (SMHPP)” (Mar. 18, 2022).

Fish and Wildlife Service

87 FR 15450 Notice—Comment Period: “Endangered and Threatened Wildlife and Plants; Recovery Permit Applications” (Mar. 18, 2022).

Food and Drug Administration

87 FR 14169 Rule: “Current Good Manufacturing Practice and Preventive Controls, Foreign Supplier Verification Programs, Intentional Adulteration, and Produce Safety Regulations: Enforcement Policy Regarding Certain Provisions; Guidance for Industry; Availability” (Mar. 14, 2022).

87 FR 14538 Notice: “Compliance Policy Guide Sec. 540.525 Scombrotoxin (Histamine)-Forming Fish and Fishery Products-Decomposition and Histamine; Reopening of the Comment Period” (Mar. 15, 2022).

87 FR 15436 Notice—Comment Period: “Agency Information Collection Activities; Proposed Collection; Comment Request; Abbreviated New Animal Drug Applications” (Mar. 18, 2022).

Health Resources and Services Administration

87 FR 15438 Notice—Comment Period: “Agency Information Collection Activities: Submission to OMB for Review and Approval; Public Comment Request; SHIP COVID-19 Testing and Mitigation Program Data Collection, OMB No. 0906-0066-Extension” (Mar. 18, 2022).

87 FR 15440 Notice—Comment Period: “Agency Information Collection Activities: Submission to OMB for Review and Approval; Public Comment Request; Rural Health Clinic COVID-19 Reporting Portal, OMB No. 0906-0056-Revision” (Mar. 18, 2022).

Housing and Urban Development Department

87 FR 14903 Notice—Comment Period: “60-Day Notice of Proposed Information Collection: Rural Capacity Building” (Mar. 16, 2022).

International Trade Commission

87 FR 14572 Notice: “Certain Wrapping Material and Methods for Use in Agricultural Applications; Notice of Commission Determination to Review in Part a Final Initial Determination Finding No Violation of Section 337; Schedule for Filing Written Submissions; Extension of Target Date” (Mar. 15, 2022).

Land Management Bureau

87 FR 15261 Notice: “Notice of Proposed Withdrawal, Transfer of Administrative Jurisdiction, and Opportunity for Public Meeting for the Dash Lake Waterfowl Production Area, North Dakota” (Mar. 17, 2022).

87 FR 15261 Notice: “Notice of Filing of Plats of Survey, Colorado” (Mar. 17, 2022).

Rural Housing Service

87 FR 14238 Notice: “Community Facilities Technical Assistance and Training Grant Program for Fiscal Year 2022” (Mar. 14, 2022).

87 FR 14441 Notice: “Multi-Family Housing Preservation and Revitalization (MPR) Demonstration Program-Section 514 and Section 515 for Fiscal Year 2022” (Mar. 15, 2022).

Rural Utilities Service

87 FR 14242 Notice: “Announcement of Application Deadlines and Requirements for Section 313A Guarantees for Bonds and Notes Issued for Utility Infrastructure Purposes for Fiscal Year (FY) 2022” (Mar. 14, 2022).

87 FR 15031 Final Rule: “Implementation of Telecommunications Provisions of the Agricultural Improvement Act of 2018” (Mar. 17, 2022).

Susquehanna River Basin Commission

87 FR 14609 Notice: “Projects Approved for Minor Modifications [in Feb.]” (Mar. 15, 2022).

87 FR 14609 Notice: “Projects Approved for Consumptive Uses of Water [in Feb.]” (Mar. 15, 2022).

U.S. HOUSE AGRICULTURE COMMITTEE:

H.R.3113 “Modernizing Access to Our Public Land Act” Received in the Senate (Mar. 16, 2022).

H.R.4521 “America COMPETES Act of 2022” Cloture motion on the motion to proceed presented in Senate (Mar. 17, 2022).

H.R.7094 “To provide greater output, price stability, and regulatory certainty with respect to domestic energy production in the United States and exports, and for other purposes.” Referred to the Committee on Natural Resources, and in addition to the Committees on Energy and Commerce, Transportation and Infrastructure, and Agriculture . . . [House] (Mar. 15, 2022).

H.R.6491 “Salmon FISH Act” Subcommittee Hearings Held (Mar. 17, 2022).

H.R.4374 “Broadband Internet Connections for Rural America Act” House Committee on Energy and Commerce Granted an extension for further consideration ending not later than April 29, 2022 (Mar. 18, 2022).

H.R.7155 “To prohibit the importation of petroleum and petroleum products from the Russian Federation, to amend the Internal Revenue Code of 1986 to establish an income tax credit for the sale or blending of certain fuels containing ethanol and to extend tax incentives for biodiesel and renewable diesel, to amend the Clean Air Act with respect to the ethanol waiver for Reid vapor pressure limitations under that Act, and for other purposes.” Referred to the Committee on Ways and Means, and in addition to the Committees on Energy and Commerce, and Agriculture. . . [House] (Mar. 18, 2022).

H.R.7163 “To impose sanctions on government officials of Russia and Belarus who directly enabled Russia’s invasion of Ukraine on February 24, 2022.” Referred to the Committee on Foreign Affairs, and in addition to the Committees on the Judiciary, Financial Services, and Agriculture. . . [House] (Mar. 18, 2022).

U.S. SENATE COMMITTEE AGRICULTURE, NUTRITION, AND FORESTRY:

S.3870 “A bill to establish the Office of the Special Investigator for Competition Matters within the Department of Agriculture.” Read twice and referred to the Senate Committee on Agriculture, Nutrition, and Forestry (Mar. 17, 2022).

STATE ACTIONS—EXECUTIVE & LEGISLATIVE 

PENNSYLVANIA DEPARTMENT OF AGRICULTURE PRESS RELEASES:           

PA Department of Agriculture Celebrates Ag Literacy Week, Fosters Early Food and Agriculture Connections (Mar. 15, 2022).

PENNSYLVANIA EXECUTIVE AGENCIES (Pa. Bulletin Vol. 52, No. 12—March 19, 2022): 

Department of Agriculture

52 Pa.B. 1643 Notice: “Referendum on Continuation of the Pennsylvania Apple Program.”

Department of Conservation and Natural Resource

52 Pa.B. 1645 Notice: “Conservation and Natural Resources Advisory Council Public Meeting [on Mar. 23, 2022].”

Department of Environmental Protection 

52 Pa.B. 1646 Notice: “Applications for NPDES and WQM Permits Under the Clean Streams Law and Federal Clean Water Act.”

PENNSYLVANIA LEGISLATURE:

HB 2415 “An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, in riot, disorderly conduct and related offenses, providing for the offense of transporting dogs in external section of vehicle.” Referred to Judiciary [House] (Mar. 16, 2022).

HB 223 “An Act providing for the creation of keystone opportunity dairy zones to facilitate the economic development of Pennsylvania’s dairy industry; authorizing expenditures; providing tax exemptions, tax deductions, tax abatements and tax credits; creating additional obligations of the Commonwealth and local governmental units; and prescribing powers and duties of certain State and local departments, agencies and officials.” Referred to Agriculture and Rural Affairs [House] (Mar. 17, 2022).

HB 2397 “An Act authorizing the provision or sale of Pennsylvania milk in Pennsylvania schools.” Referred to Agriculture and Rural Affairs [House] “(Mar. 17, 2022).

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