March 23, 2021
Agricultural Law Weekly Review—Week Ending March 19, 2021
Water Quality: Exelon’s Conowingo Dam Relicensed As Per Settlement with Maryland 🌾
On March 18, 2021, the Federal Energy Regulatory Commission (FERC) issued a new 50-year license to Exelon Generation Company, LLC’s Conowingo Hydroelectric Project, the nearly century-old dam located on the Susquehanna River in Maryland approximately ten miles north of its entry to the Chesapeake Bay. Exelon Generation Company, LLC, Project Nos. 405-106 and 405-121, 174 FERC ¶ 61,217. In recent years it was discovered that previous modeling of phosphorous, nitrogen and sediment trapped behind the dam were flawed and pollutants previously assumed to be trapped behind the dam for decades routinely wash over the dam in current heavy rain events. A focus of the relicensing was Exelon’s financial responsibility to address water quality issues of the Chesapeake Bay. The relicensing culminated years of administrative and judicial litigation that produced a settlement agreement between the State of Maryland and Exelon which formed the basis of the FERC relicensing approval. As a condition of the relicensing, Exelon must pay approximately $200 million to Maryland’s Clean Water Fund, some of which is earmarked for particular measures to improve water quality and habitats below the dam. The Chesapeake Bay Foundation, one of more than twenty intervenors in the proceeding, has continuously and publicly announced its strong opposition to the terms of the settlement which are now terms of the license, including that Maryland waived its rights to issue a Water Quality Certification for the dam as well as to require pollution discharge permitting.
Water Quality: Maryland Court Orders MDE to Regulate Ammonia Air Emissions Under State’s Clean Water Act Expansion
On March 11, 2021, the Circuit Court for Montgomery County, Maryland issued a memorandum opinion ordering the Maryland Department of the Environment (MDE) to regulate ammonia air emissions from animal feeding operations as a water pollutant under the state’s Clean Water Act (CWA) expansion, MD. CODE. ANN. ENVIR. § 9-101, which defines discharge to include the emitting of a pollutant into the waters of the state and defines pollutant to include any gaseous substance that will pollute any waters of the state. In Re Petition Assateague Coastal Trust, No. 482915V, Circuit Court of Montgomery County, MD. The court found airborne ammonia discharge from Maryland’s poultry industry to be a specific, calculable event and that ammonia causes “significant pollution” to the Chesapeake Bay, stating that 40% of the emitted ammonia falls within 1.5 miles of the source and 70% of the emitted ammonia falls within 31 miles of the source. The court reversed MDE’s approval of the National Pollution Discharge Elimination System (NPDES) permit at issue in the case and remanded the matter back to the agency to mandate airborne ammonia limitations consistent with the state statute.
WOTUS: Federal District Courts Stay Water Rule Challenges, Tenth Circuit Remands for Litigation
On March 2, 2021, the U.S. District Court for the District of South Carolina issued an order staying proceedings for 60 days in a Navigable Waters Protection Rule (NWPR) challenge claiming that the rule is too narrow to adequately protect water quality. South Carolina Coastal Conservation League v. Wheeler, No. 2:20-cv-01687. The court is also holding a related NWPR case in abeyance for 60 days until April 12, 2021. South Carolina Coastal Conservation League v. Wheeler, No. 2:20-cv-03062. Previously, on February 10, 2021, the U.S. District Court for the District of New Mexico issued a similar order staying proceedings for 60 days in a contrary suit arguing that the rule broadly overreaches. New Mexico Cattle Growers’ Association v. United States Environmental Protection Agency, No. 1:19-cv-00988. Both orders were issued in response to motions filed by the U.S. Environmental Protection Agency (EPA) requesting the stays to accommodate the administration change and the agency’s review of the NWPR for consistency with the January 20, 2021 executive order, “Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis” (E.O. 13990). Concurrently, on March 2, 2021, the U.S. Court of Appeals for the Tenth Circuit denied EPA’s motion to hold in abeyance the agency’s appeal of the U.S. District Court for the District of Colorado’s NWPR injunction and issued an opinion vacating the lower court’s injunction for abuse of discretion and remanding the case for further proceedings. State of Colorado v. EPA, et al, No. 20-01238. For background, see ALWR—Week Ending March 5, 2021, “Federal Appeals Court Dissolves Injunction Against Navigable Waters Protection Rule.”
Antitrust: ADM Subsidiary Golden Peanut Proposes $45 Million Antitrust Class Action Settlement
On March 11, 2021, the Plaintiff Peanut Farmers filed a memorandum supporting a $45 million settlement agreement with Archer Daniels Midland (ADM) subsidiary Golden Peanut Company, LLC in an civil antitrust class action suit against Virginia-based Birdsong Corporation, Olam Peanut Shelling Company, Inc, and ADM’s Golden Peanut in the U.S. District Court for the Eastern District of Virginia. In re Peanut Farmers Antitrust Litigation, No. 2:19-cv-00463. Filed in 2019, the suit alleged that the defendant sheller companies both over-reported and underreported peanut and runner inventory numbers to the U.S. Department of Agriculture (USDA) to create the false impression of an oversupplied market and to stabilize and depress runner prices. According to the proposed settlement, Golden Peanut will pay $45 million into a settlement fund in addition to Olam and Birdsong’s previous settlement payments of $57,750,000. After paying attorney’s fees and litigation costs, the fund will distribute payments to class members who sold peanuts to the Defendants between January 1, 2014 and December 31, 2019. Once approved by the court, class members may submit claims at www.PeanutFarmersAntitrustLitigation.com.
Dean Foods Bankruptcy: Dairy Farmers of America Settles with Maryland & Virginia Dairy Cooperative, Food Lion
On February 24, 2021, the U.S. District Court for the District of Middle District of North Carolina filed an entry of settlement in a suit against Dairy Farmers of America (DFA), which sought to compel the company to divest one of the three North Carolina Dean Foods processing facilities it obtained in its April 2020 bankruptcy sale acquisition of Dean Foods. Food Lion, LLC v. Dairy Farmers of America, Inc., No. 1:20-cv-00442. The complaint, filed by Food Lion, LLC and Maryland & Virginia Milk Producers Cooperative Association (MDVA) in May 2020, claimed that the sale produced anti-competitive effects because it essentially allowed DFA regional control over both raw milk supply markets and the markets for processed and packaged dairy products. According to a March 3, 2021 mediator’s report, complete settlement of the case was reached at mediation conferences held February 22 and 23, 2021, and the parties will file a Stipulation of Dismissal with Prejudice, although no deadline is listed for the filing. While the report states that a settlement agreement is in preparation, no details of the settlement have been released.
COVID-19: OSHA Issues Updated Interim COVID-19 Enforcement Plan
On March 12, 2021, the U.S. Department of Labor (DOL) Occupational Safety and Health Administration (OSHA) issued an enforcement memorandum for regional OSHA administrators and state OSHA plan designees titled “Updated Interim Enforcement Response Plan for Coronavirus Disease 2019 (COVID-19),” which outlines the agency’s new National Emphasis Program (NEP), established by DIR 2021-01 (CPL-03), also issued the same day. The NEP provides guidance to compliance officers and area offices for addressing COVID-19 reports and prioritizes on-site inspection and enforcement in high-risk settings where employees work in close contact, including “meat, poultry, and other food processing,” and high-volume retail settings. Effective upon publication, the NEP specifies that targeted inspections begin on March 26, 2021. The NEP is in response to the January 21, 2021 Executive Order, “Protecting Worker Health and Safety” (E.O. 13999). Notably, OSHA has yet to issue Emergency Temporary Standards, which according to E.O. 13999 were to be issued by March 15, 2021. See ALWR—week ending February 5, 2021, “Executive Order Directs OSHA to Issue Guidance and Consider Emergency Temporary Standards.”
Disaster Assistance: USDA Designates Six Pennsylvania Counties as Natural Disaster Areas
On February 24, 2021, the U.S. Department of Agriculture (USDA) Farm Service Agency (FSA) announced its designation of six Pennsylvania counties as primary natural disaster areas due to droughts between June 2020 and November 2020, and established producer eligibility for emergency loans in the designated counties: Centre, Clearfield, Clinton, Cumberland County, Elk, and Jefferson. According to the announcement, producers in contiguous counties are also eligible to apply for loans: Adams, Armstrong, Blair, Cambria, Cameron, Clarion, Dauphin, Forest, Franklin, Huntingdon, Indiana, Lycoming, McKean, Mifflin, Perry, Potter, Union, Warren, and York. The deadline for loan application is October 19, 2021.
National Agricultural Policy: USDA Requests Comment on “Climate-Smart Agriculture and Forestry Strategy”
On March 16, 2021, the U.S. Department of Agriculture (USDA) posted in the Federal Register a notice of “Request for Public Comment on the Executive Order on Tackling the Climate Crisis at Home and Abroad” (86 FR 14403). According to a corresponding announcement, the agency seeks to develop a climate-smart agriculture and forestry strategy consistent with the January 27, 2021 Executive Order on Tackling the Climate Crisis at Home and Abroad (E.O. 14008) and requests public input on four topics: 1) climate-smart agriculture and forestry; 2) biofuels, bioproducts, and renewable energy; 3) catastrophic wildfire; 4) and meeting the needs of disadvantaged communities through USDA’s climate strategy. Comments may be submitted until April 29, 2021.
Conservation Programs: USDA Seeks Public Comment on Revised Conservation Practice Standards
On March 9, 2021, the U.S. Department of Agriculture’s (USDA) Natural Resources Conservation Service (NRCS) posted in the Federal Register a notice on which the agency is seeking comments titled “Proposed Revisions to the National Handbook of Conservation Practices for the Natural Resources Conservation Service” (86 FR 13522). Also announced by the NRCS on March 8, 2021, the proposed revisions include a new conservation practice for milking equipment greywater treatment, modifications to encourage the installment of dry hydrants, and shifting the terminology “Farmstead Energy Improvement” to “Energy Efficient Agricultural Operation” by focusing on fire and electrical safety and manufacturer’s requirements. Comments may be submitted until April 8, 2021.
Participate in Pennsylvania Agriculture Workforce Needs Survey. The PA Department of Agriculture (PDA) and the PA Department of Labor and Industry (L&I) are working together to assess workforce development needs within the agricultural industry and would like to hear from anyone within agriculture who may have experience or insight into workforce issues including training providers, employers, associations, and even ag workers. The survey will be open until March 26, 2021.
Participate in PASA Sustainable Agriculture’s 15-minute Survey on the Impact of COVID-19 on Pennsylvania Farmers
Participate in Cornell Agricultural Workforce Development’s 2020 Farm Employee Compensation Benchmark Survey: According to Cornell, producers who participate can compare their compensation to other farm businesses and make better compensation plans. The process takes about 10 minutes per employee, is entirely confidential and each participant will receive a report of the results and an invitation to attend a webinar discussion of the findings. Only aggregate data, with no way to identify farms or individuals, will be published or shared.
Penn State Agricultural Law Podcast: Listen to the latest episode of our weekly podcast here.
Upcoming Webinars
All Matters FDA: 11th Annual Food and Drug Law Symposium, Widener-Delaware Law, March 24, 2021 at 1:00 pm ET.
Land Access Series: Find, Lease, and Purchase Land in Pennsylvania, Penn State Extension, 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 Accountant, Penn State Extension, April 27, 2021 at 9:00 am ET.
Penn State Research & News:
Tool Can Provide Swine Producers with Early Diagnosis of Often-Fatal ‘Strep Zoo’ (Mar. 17, 2021).
A Wing and a Prayer: Chickens, Praying Mantises Among Likely Lanternfly Enemies (Mar. 15, 2021).
USDa Grant Will Support Summer Vineyard Studies in Erie County (Mar. 15, 2021).
Agricultural Law/Policy Resources of Interest:
Kristine A. Tidgren, IRS Postpones Individual Filing and Payment Deadline to May 17 (Mar. 17, 2021).
Harrison Pittman, Legal Checkup on Checkoffs: R-CALF, States’ Beef Councils, and the Ongoing First Amendment Challenge to the Beef Checkoff (Mar. 16, 2021).
Sarah Everhart, Legalities of Direct Marketing Specialty Crops (Mar. 16, 2021).
Brigit Rollins, Clearing the Air: Maryland Court Finds State Must Regulate Gaseous Ammonia Under CWA (Mar. 18, 2021).
Roger A. McEowen, Selling Farm Business Assets—Special Tax Treatment (Part Two) (Mar. 15, 2021).
Roger A. McEowen, Selling Farm Business Assets—Special Tax Treatment (Part Three) (Mar. 17, 2021).
DTN/Progressive Farmer, Dicamba Label Update—4: Tank Additives Now Required With Dicamba System (Mar. 18, 2021).
American Farm Bureau Federation, “Sustainability Markets” 3-part series:
Part 1: Agricultural Ecosystem Credit Markets – The Primer (Mar. 2, 2021).
Part 2: Common Land-Use Practices Under Consideration for Conservation Adoption (Mar. 9, 2021).
Part 3: Barriers to Participation in Ag Ecosystem Credit Markets (Mar. 17, 2021).
DTN/Progressive Farmer, “Gene Revolution Turns 25” multi-part series: (Part 6) GM Crops: The Good, the Bad and the Ugly (Mar. 11, 2021); (Part 7) Dollars Make the Difference (Mar. 12, 2021); (Part 8) Brave New Plant World (Mar. 15, 2021); (Part 9) Back to the Future for Controlling Weeds and Pests (Mar. 17, 2021).
Weekly Featured Graphic:
Where the Soybeans Grow: An Exploration of Agricultural Land Use in Pennsylvania, 2017 (Mar. 2021)
AGENCY PRESS RELEASES—STATE/FEDERAL
Pennsylvania Department of Agriculture Press Releases:
Department of Agriculture Releases COVID-19 Restaurant Enforcement Actions, Mar. 8–14, 2021 (Mar. 17, 2021).
Agriculture Department to Business Travelers: Don’t Take It with You—Get A Spotted Lanternfly Permit (Mar. 17, 2021).
Wolf Administration Leaders Introduce Young Readers to Agriculture During Ag Literacy Week (Mar. 18, 2021).
Wolf Administration Encourages Farmers Markets to Address Food Insecurity, Take Advantage of Free Equipment For SNAP (Mar. 18, 2021).
Secretary of Agriculture Warns: No Justice for Dog Bite Victims, Dangerous Dogs At Large Without Dog License Fee Increase (Mar. 19, 2021).
U.S. Department of Agriculture (USDA) Press Releases:
USDA Requests Information on USDA’s Climate-Smart Agriculture and Forestry Strategy (Mar. 15, 2021).
USDA Invests $28 Million in New Projects to Help Restore Lost Wetland Functions, Benefits on Agricultural Landscapes (Mar. 15, 2021).
Statement by Agriculture Secretary Tom Vilsack on the Nomination of Janie Simms Hipp to Serve as USDA General Counsel (Mar. 15, 2021).
U.S. Department of Agriculture Announces Deputy Under Secretary for Food Safety and Other Key Staff Appointments (Mar. 16, 2021).
USDA Invests $598 Million to Improve and Modernize Rural Electric Infrastructure After Severe Weather and Age Test the Grid (Mar. 16, 2021).
FACT SHEET: Update on USDA Activities to Contain the COVID-19 Pandemic (Mar. 17, 2021).
USDA Announces $218 Million Investment in Land and Water Conservation (Mar. 18, 2021).
USDA Agency Press Releases:
USDA Cites JLD Inc. d/b/a North Country Wholesale in New Hampshire for PACA Violations, AMS (Mar. 12, 2021).
USDA Issues a Default Decision Against ZYK Enterprises Inc., d.b.a. S. I Bukhari/ WaQas Muslim Slaughter House and Zeeshan Qazi for Violations of the Packers and Stockyards Act, AMS (Mar. 19, 2021).
USDA and CFIA Establish Protocol to Minimize Trade Disruptions in the Event of an ASF Detection in Feral Swine, APHIS (Mar. 16, 2021).
USDA Seeks Input on Potential Regulatory Oversight for Certain Animals Developed Using Genetic Engineering, APHIS (Mar. 16, 2021).
China’s Refusals of Food Imports, ERS (Mar. 2021).
USDA Seeks Comments on Food Purchase Program, Will Host Listening Session, FNS (Mar. 16, 2021).
USDA Takes Action Against Missouri and Illinois Retailers for Rules Violations, FNS (Mar. 16, 2021).
NIFA Invests Over $8.5 Million in Critical Research and Extension to Address Urgent Needs in Agriculture, NIFA (Mar. 17, 2021).
USDA Invests $28 Million in New Projects to Help Restore Lost Wetland Functions, Benefits on Agricultural Landscapes, NRCS (Mar. 15, 2021).
USDA Seeks Innovative Partner-led Projects Delivering Sustainable Agricultural Solutions, NRCS (Mar. 16, 2021).
STATE ACTIONS—EXECUTIVE/LEGISLATIVE
Pennsylvania Executive Agencies (Pa. Bulletin Vol. 51, No. 12—Mar. 20, 2021):
Department of Conservation and Natural Resources
51 Pa.B. 1535 Notice: “Conservation and Natural Resources Advisory Council WebEx Meeting [March 24, 2021].”
Department of Environmental Protection
51 Pa.B. 1535 Notice: “The Pennsylvania Clean Streams Law and The Federal Clean Water Act:
Applications for National Pollutant Discharge Elimination System (NPDES) Permits and Water Quality Management (WQM) Permits Under the Clean Streams Law and Federal Clean Water Act.”
51 Pa.B. 1589 Notice: “Bid Opportunity [One Abandoned Well, Ross Township, Allegheny County].”
51 Pa.B. 1589 Notice: “Bond Rate Guidelines for the Calculation of Land Reclamation Bonds on Coal Mining Operations.”
51 Pa.B. 1592 Notice: “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).”
Independent Regulatory Review Commission
51 Pa.B. 1626 Notice: “Notice of Filing of Final Rulemaking [Milk Marketing Board, Transactions Between Dealers and Producers; Payment.”
51 Pa.B. 1621 Notice: “Notice of Comments Issued [Environmental Quality Board, Dam Safety and Waterway Management].”
State Conservation Commission
51 Pa.B. 1631 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.”
Pennsylvania Legislature
House Legislation in the Senate
HB 186 “An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, in size, weight and load, further providing for permit for movement during course of manufacture; and, in powers of department and local authorities, further providing for power of Governor during emergency [Milk Hauling Legislation].” First consideration [Senate] (Mar. 17, 2021).
House Legislation
HB 755 “An Act amending Title 3 (Agriculture) of the Pennsylvania Consolidated Statutes, in food protection, further providing for rules and regulations [Bottled Water Inspection].” Laid on the table [House] (Mar. 15, 2021).
HB 873 “An Act authorizing the Commonwealth of Pennsylvania to join the Phase Out Corporate Giveaways Interstate Compact; providing for the form of the compact; and imposing additional powers and duties on the Governor.” Referred to Commerce [House] (Mar. 15, 2021).
HB 898 “An Act amending . . . the Auctioneer Licensing and Trading Assistant Registration Act, providing for horses sold at auction.” Referred to Agriculture and Rural Affairs [House] (Mar. 15, 2021).
HB 899 “An Act amending Title 3 (Agriculture) of the Pennsylvania Consolidated Statutes, in Agriculture Rapid Response Disaster Readiness Account, further providing for eligible disaster funding and for Agriculture Rapid Response Disaster Readiness Account [Emergency Relief to Livestock Feed Sellers and Producers].” Referred to Agriculture and Rural Affairs [House] (Mar. 15, 2021).
HB 922 “An Act amending . . . the Workers’ Compensation Act, in liability and compensation, further providing for compensable injuries, subrogation and proration.” Referred to Labor and Industry [House] (Mar. 15, 2021).
HB 923 “An Act amending . . . The Minimum Wage Act of 1968, further providing for minimum wages; and repealing provisions relating to preemption [Localized Minimum Wage].” Referred to Labor and Industry [House] (Mar. 15, 2021).
HB 183 “An Act amending the act of June 18, 1982 (P.L.549, No.159), entitled ‘An act providing for the administration of certain Commonwealth farmland within the Department of Agriculture,’ further providing for agricultural land conservation assistance grant program.” Removed from table [House] (Mar. 17, 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].” Second consideration, with amendments [Senate] (Mar. 16, 2021).
SB 434 “An Act amending Title 3 (Agriculture) of the Pennsylvania Consolidated Statutes, in food protection, providing for milk sell by date and best by date labeling.” Referred to Agriculture and Rural Affairs [Senate] (Mar. 16, 2021).
SB 154 “An Act amending . . . the Municipalities Financial Recovery Act, providing for recovery grants for distressed municipalities and establishing the Distressed Municipalities Recovery Fund.” Re-referred to Appropriations [Senate] (Mar. 17, 2021).
SB 147 “An Act amending . . . the Tax Reform Code of 1971, in corporate net income tax, further providing for imposition of tax.” Referred to Finance [Senate] (Mar. 18, 2021).
FEDERAL ACTIONS—EXECUTIVE/LEGISLATIVE
Federal Executive Agencies (Federal Register Mar. 15–19, 2021):
Agriculture Department
86 FR 14403 Notice—Comment Period: “Notice of Request for Public Comment on the Executive Order on Tackling the Climate Crisis at Home and Abroad” (Mar. 16, 2021).
86 FR 14720 Notice: “Codex Alimentarius Commission: Meeting of the Codex Committee on Contaminants in Foods” (Mar. 18, 2021).
86 FR 14865 Notice, request for comments: “Submission for OMB Review; Comment Request [Food and Nutrition Service: Supplemental Nutrition Assistance Program Requirement for National Directory of New Hires Employment Verification]” (Mar. 19, 2021).
Animal and Plant Health Inspection Service
86 FR 14301 Notice: “Addition of the Democratic Republic of Timor-Leste to the List of Regions Affected With African Swine Fever” (Mar. 15, 2021).
86 FR 14301 Notice—Comment Period: “Notice of Proposed Revision To Import Requirements for the Importation of Fresh Sand Pears From the Republic of Korea Into the United States” (Mar. 15, 2021).
86 FR 14404 Notice—Comment Period: “Notice of Request for Approval of an Information Collection; National Animal Health Monitoring System; On-Farm Monitoring of Antimicrobial Use and Resistance in U.S. Broiler Production Study” (Mar. 16, 2021).
Environmental Protection Agency
86 FR 14625 Notice: “Pesticides; Final Guidance for Waiving Acute Dermal Toxicity Tests for Pesticide Technical Chemicals and Supporting Retrospective Analysis; Notice of Availability” (Mar. 17, 2021).
86 FR 14746 Notice: “Pesticide Registration Review; Proposed Interim Decisions for Several Pesticides; Notice of Availability” (Mar. 18, 2021).
86 FR 14748 Notice: “Pesticide Registration Review; Interim Decisions and Case Closures for Several Pesticides; Notice of Availability” (Mar. 18, 2021).
86 FR 14906 Notice—Comment Period: “Pesticide Experimental Use Permit; Receipt of Application; Comment Request March 2021” (Mar. 19, 2021).
Farm Credit Administration
86 FR 14696 Notice—Comment Period: “Loans in Areas Having Special Flood Hazards; Interagency Questions and Answers Regarding Private Flood Insurance” (Mar. 18, 2021).
Federal Emergency Management Agency
86 FR 14545 Final Rule: “Suspension of Community Eligibility [Iowa, Ky., Miss., Mich., Minn., Oregon, S.C., Utah, Va.]” (Mar. 17, 2021).
86 FR 14758 Notice: “Alabama; Major Disaster and Related Determinations” (Mar. 18, 2021).
86 FR 14759 Notice: “Mississippi; Major Disaster and Related Determinations” (Mar. 18, 2021).
86 FR 14760 Notice: “New Jersey; Major Disaster and Related Determinations” (Mar. 18, 2021).
86 FR 14759 Notice: “Pennsylvania; Amendment No. 2 to Notice of a Major Disaster Declaration” (Mar. 18, 2021).
Food and Drug Administration
86 FR 14436 Notice—Comment Period: “Current Good Manufacturing Practice, Hazard Analysis, and Risk-Based Preventive Controls for Human Food, and Current Good Manufacturing Practice, Hazard Analysis, and Risk-Based Preventive Controls for Animal Food” (Mar. 16, 2021).
86 FR 14452 Notice—Comment Period: “Food and Cosmetic Export Certificate Application Process” (Mar. 16, 2021).
86 FR 14433 Notice—Comment Period: “Agency Information Collection Activities; Proposed Collection; Comment Request; Survey on the Occurrence of Foodborne Illness Risk Factors in Selected Retail and Foodservice Facility Types” (Mar. 16, 2021).
Rural Utilities Service
86 FR 14525 Final Rule: “Revolving Fund Program-Water and Environmental Provisions of the Agricultural Improvement Act of 2018” (Mar. 17, 2021).
Small Business Administration
86 FR 14358 Notice: “Presidential Declaration of a Major Disaster for the State of Louisiana” (Mar. 15, 2021).
Susquehanna River Basin Commission
86 FR 14793 Notice: “Grandfathering (GF) Registration Notice [Blossburg Municipal Authority, Elizabethville Area Authority]” (Mar. 18, 2021).
86 FR 14793 Notice: “Actions Taken at March 12, 2021, Meeting” (Mar. 18, 2021).
86 FR 14794 Notice: “Projects Approved for Consumptive Uses of Water” (Mar. 18, 2021).
86 FR 14795 Notice: “Projects Approved for Consumptive Uses of Water” (Mar. 18, 2021).
U.S. Codex Office
86 FR 14571 Notice: “Codex Alimentarius Commission: Meeting of the Codex Committee on Food Additives [May 11, 2021]” (Mar. 17, 2021).
U.S. Customs and Border Protection
86 FR 14812 Rule: “Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Canada” (Mar. 19, 2021).
86 FR 14813 Rule: “Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Mexico” (Mar. 19, 2021).
U.S. House Agriculture Committee
H.R.1919 “To amend the Food and Nutrition Act of 2008 to treat attendance at an institution of higher education the same as work for the purpose of determining eligibility to participate in the supplemental nutrition assistance program.” Referred to the House Committee on Agriculture (Mar. 16, 2021).
H.R.959 “Black Maternal Health Momnibus Act of 2021” Referred to the Subcommittee on Nutrition, Oversight, and Department Operations (Mar. 17, 2021).
H.R.1983 “To encourage and facilitate efforts by States and other stakeholders to conserve and sustain the western population of monarch butterflies, and for other purposes.” Referred to the Committee on Natural Resources and the Committee on Agriculture (Mar. 17, 2021).
H.R.1038 “Enhancing Administrative Reviews for Broadband Deployment Act” Referred to the Subcommittee on Conservation and Forestry (Mar. 18, 2021).
H.R.1046 “Federal Broadband Deployment in Unserved Areas Act” Referred to the Subcommittee on Conservation and Forestry (Mar. 18, 2021).
H.R.1998 “To amend the Federal Meat Inspection Act to allow the interstate sale of State-inspected meat, and for other purposes.” Referred to the House Committee on Agriculture (Mar. 18, 2021).
H.R.2021 “To restore, reaffirm, and reconcile environmental justice and civil rights, and for other purposes.” Referred to the Committees on Energy and Commerce, Natural Resources, the Judiciary, Transportation and Infrastructure, Agriculture, and Education and Labor (Mar. 18, 2021).
H.R.2049 “To amend the Forest and Rangeland Renewable Resources Planning Act of 1974 to promote reforestation following unplanned events on Federal land, and for other purposes.” Referred to the Committee on Natural Resources and the Committee on Agriculture (Mar. 18, 2021).
H.R.2061 “To establish an interagency One Health Program, and for other purposes.” Referred to the Committees on Energy and Commerce, Agriculture, Natural Resources, and Foreign Affairs (Mar. 18, 2021).
H.R.2087 “To rescind amounts appropriated under the American Rescue Plan Act of 2021, and for other purposes.” Referred to the Committees on Education and Labor, Agriculture, Energy and Commerce, Ways and Means, Financial Services, Transportation and Infrastructure, Oversight and Reform, Homeland Security, and Foreign Affairs (Mar. 19, 2021).
H.R.2099 “To extend the Secure Rural Schools and Community Self-Determination Act of 2000.” Referred to the Committee on Natural Resources and the Committee on Agriculture (Mar. 19, 2021).
H.R.2102 “To eliminate certain subsidies for fossil-fuel production.” Referred to the Committees on Ways and Means; Natural Resources; Transportation and Infrastructure; Financial Services; Science, Space, and Technology; Agriculture; and Energy and Commerce (Mar. 19, 2021).
U.S. Senate Committee Agriculture, Nutrition, and Forestry:
S.853 “A bill to amend the Child Nutrition Act of 1966 to increase the age of eligibility for children to receive benefits under the special supplemental nutrition program for women, infants, and children, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry (Mar. 18, 2021).
S.866 “A bill to amend the Forest and Rangeland Renewable Resources Planning Act of 1974 to promote reforestation following unplanned events on Federal land, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry (Mar. 18, 2021).
S.876 “A bill to amend the Richard B. Russell National School Lunch Act to require the Secretary of Agriculture to make loan guarantees and grants to finance certain improvements to school lunch facilities, to train school food service personnel, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry (Mar. 18, 2021).
Connect with the Center on Facebook or on Twitter @AgShaleLaw
Top #AgLaw HotLinks Mar. 15–19, 2021
Supreme Court Picks Date for Ethanol Case, Brownfield
Senate Ag Committee Explores Climate Change Issues with Farmers, Univ. of Ill. Farm Policy News
Economist Says Pork Supply Chain Could be Impacted by California’s Prop 12, Brownfield
EPA: Politics Tainted Dicamba Decision, DTN Progressive Farmer
Beef is Still Competing Well With Plant-Based Protein, AGWEEK
NAMI Urges Biden Administration to Keep Front-Line Workers High Priority During Vaccination Period, Meat+Poultry
Farmers Caution Senate Committee on Climate Plans
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
