March 10, 2021
Agricultural Law Weekly Review—Week Ending March 5, 2021
Animal Welfare: U.S. Supreme Court Petitioned to Hear Commerce Clause Challenge to California’s Proposition 12 🌾
On February 26, 2021, the North American Meat Institute (NAMI) filed a petition for writ of certiorari with the U.S. Supreme Court requesting that it hear an appeal of the Ninth Circuit U.S. Court of Appeals’ decision that California’s Proposition 12 does not violate the U.S. Constitution’s Commerce Clause in establishing animal confinement standards for all pork and veal products sold in the state. A response is due from the California Attorney General by April 2, 2021. North American Meat Institute v. Xavier Becerra, et al., No. 20-1215. For background, see ALWR—April 30, 2020, “Federal Court Upholds California Proposition 12” and ALWR—week ending October 23, 2020, “Ninth Circuit Upholds Denial of Injunction Against California’s Proposition 12.”
WOTUS: Federal Appeals Court Dissolves Injunction Against Navigable Waters Protection Rule
On March 1, 2021, the Tenth Circuit U.S. Court of Appeals issued an order denying the U.S. Environmental Protection Agency’s (EPA) request to hold in abeyance its appeal of the U.S. District Court for the District of Colorado’s June 2020 injunction against EPA’s April 2020 Navigable Waters Protection Rule (NWPR). State of Colorado v. EPA, et al, Docket No. 20-01238 (10th Cir. Jun 25, 2020). Subsequently, on March 2, 2021, the Tenth Circuit issued an opinion reversing and vacating the district court’s injunction and remanding the case for further proceedings. The circuit court found that the district court abused its discretion when it granted Colorado injunctive relief against the NWPR, stating that the state had failed to demonstrate that it will suffer irreparable injury or harm that cannot be compensated after the fact by money damages without an injunction. For background, see ALWR—week ending June 26 , 2020, “Colorado Federal Court Grants WOTUS Rule Injunction.”
Water Quality: Nicholas Meat Plant Briefly Stops Production in Response to DEP Order
On March 3, 2021, Nicholas Meat, LLC reopened its Loganton, Pennsylvania facility after a week-long shut down following the issuance of a Pennsylvania Department of Environmental Protection (DEP) compliance order directing the company to immediately discontinue its land application of food processing residuals (FPR) on snow-covered fields. The compliance order, issued February 9, 2021, resulted from of a January 27, 2021 complaint investigation, and followed daily DEP surveillance in August 2020 and multiple complaints throughout October and November 2020 regarding the company’s FPR land application. Nicholas Meat appealed the compliance order on February 11, 2021 to the Pennsylvania Environmental Hearing Board (Board), seeking both a supersedeas and a temporary supersedeas. Nicholas Meat stated that the Pennsylvania Superior Court and DEP had previously approved of the company’s FPR land application and claimed that its inability to land-apply FPR would “prevent [it] from operating its business in the normal course,” causing irreparable harm. The Board found that Nicholas Meat’s “process for applying its organic wastewater is not covered by any Department permit administering any of the requirements of Chapter 291, 295, or 299 of the Pennsylvania Code,” and denied Nicholas Meat’s petition for a temporary supersedeas. Nicholas Meat, LLC v. Commonwealth of Pennsylvania DEP, No. 2021009 (Pa. Envtl. Hearing Bd.). The Board noted that Nicholas Meat’s current processing volumes of 620 cows per day and the generation of approximately 150,000 gallons of FPR, were substantial increases over the facility’s operations through 2014, when Nicholas Meat, LLC, processed only 150–200 cows per day. The board further stated that “to the extent that Nicholas Meat, LLC, expanded the scope of its production without proportionally expanding its capacity to dispose of or apply its organic wastewater, the harm claimed in its application for a temporary supersedeas (and its petition for a supersedeas) has apparently resulted from its own behavior. Moreover, nothing before the Board explains the extent to which, if at all, Nicholas Meat, LLC, has considered scaling back its production, as opposed to shutting down completely.” Nicholas Meat’s petition for a supersedeas is still pending. Per the Board’s March 2, 2021 order, the parties must submit their briefs regarding a supersedeas by March 15, 2021.
Biotechnology: USDA Reopens Comment Period on Assumption of Regulatory Oversight for Animal Biotechnology
On March 5, 2021, the U.S. Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) announced the reopening of the comment period for its December 28, 2020 proposed rule, “Regulation of the Movement of Animals Modified or Developed by Genetic Engineering,” which transfers regulatory oversight of animal biotechnology from the Food and Drug Administration (FDA) to USDA, specifically those animals regulated under the Federal Meat Inspection Act and Poultry Products Inspection Act. Posted in the Federal Register on March 8, 2021 (86 FR 13221), the proposed rule opens a new 60-day comment period which closes May 7, 2021. For background on the proposed rule, see ALWR—week ending January 1, 2021, “USDA Proposes Animal Biotech Regulatory Framework for Oversight Transfer from FDA” and ALWR—week ending January 22, 2021, “MOU Gives USDA Regulatory Responsibility Over Multiple Bioengineered Species.”
Dairy Policy: Pennsylvania Milk Marketing Board Releases Final Regulation on Cooperative Over-Order Premium Disclosure
On March 2, 2021, the Pennsylvania Milk Marketing Board delivered to the Pennsylvania Independent Regulatory Review Commission (IRRC) and the General Assembly Agriculture Committees the final form regulation packet for Regulation 47-20, “Transactions Between Dealers and Producers; Payment,” originally published as proposed in the Pennsylvania Bulletin on September 21, 2019 (49 Pa.B. 5455). The regulation informally titled by the Pennsylvania Milk Marketing Board (PMMB) as the “Cooperative Over-Order Premium Line Item” initiative, will amend 7 Pa. Code § 143.15 to require cooperatives to furnish a line item on members’ monthly statements that identifies the over-order premium amount paid through a prescribed calculation that is consistent with the financial structure of a dairy cooperative. The IRRC will consider the regulation during its April 15, 2021 meeting.
Water Quality: Formal Response Issued to New York’s Amended Draft Phase III Watershed Implementation Plan
On January 7, 2021 the U.S. Environmental Protection Agency (EPA) announced the release of its evaluation of New York’s Amended Draft Phase III Watershed Implementation Plan (WIP) for New York’s Chemung and Susquehanna River Basins, which the state previously released on November 16, 2020. According to EPA, simulations indicate that full implementation of New York’s plan is expected to achieve 100% of the state-basin (Susquehanna) Phase III WIP planning targets for nitrogen and phosphorus.
COVID-19: Inspector General Report on OSHA COVID-19 Response Issued
On February 25, 2021, the U.S. Department of Labor (DOL) Office of Inspector General (OIG)—Office of Audit issued a report to the DOL Occupational Safety and Health Administration (OSHA) titled “COVID-19: Increased Worksite Complaints and Reduced OSHA Inspections Leave U.S. Workers’ Safety at Increased Risk.” According to the report, although OSHA—which has thus far failed to issue an emergency temporary standard for airborne infectious diseases—received an “influx” of pandemic-related complaints, the agency reduced its on-site inspections and conducted fewer overall inspections throughout the pandemic. As such, DOL’s OIG Office of Audit found that OSHA had only issued “295 violations for 176 COVID-19 related inspections,” while state agencies had issued “1679 violations for 756 COVID-19 related inspections.” According to OSHA’s included response, OSHA agrees with all recommendations, and is already in the process of implementing several of them, including consideration of an emergency temporary standard for infectious diseases and prioritizing high-risk worksites for on-site inspections. The report follows recent scrutiny of OSHA’s actions relating to the COVID-19 pandemic. See ALWR—week ending February 5, 2021, “U.S. Congress Formally Investigating Meatpacking Plant Outbreaks and OSHA Response” and “Executive Order Directs OSHA to Issue Guidance and Consider Emergency Temporary Standards” and ALWR—week ending Feb. 26, 2021, “Formal Audit of OSHA COVID-19 Worker Protection Actions Commences.”
COVID-19: USDA and FDA Issue Joint Statement on “No Transmission of COVID-19 Through Food or Food Packaging”
On February 18, 2021, the U.S. Department of Agriculture (USDA) and the U.S. Food and Drug Administration (FDA) issued a joint statement to underscore that there is no credible evidence suggesting that COVID-19 is contracted or transmitted through food or food packaging. This statement is consistent with the findings of the U.S. Centers for Disease Control and Prevention (CDC), which states that the risk of getting sick with COVID-19 from eating or handling food (including frozen food and produce) and food packages is considered very low. FDA and USDA emphasize that COVID-19, unlike foodborne or gastrointestinal viruses, such as norovirus and hepatitis A, is a respiratory illness spread through person-to-person contact, not contaminated food. The agencies state that consumers should be reassured that “the foods they eat and food packaging they touch are highly unlikely to spread SARS-CoV-2.”
National Agricultural Policy: Food and Ag Climate Alliance Announces New Members
On February 22, 2021, the Food and Agriculture Climate Alliance (FACA) announced new members and working groups to address its policy recommendations, released in November 2020. New members of the alliance include the following groups: American Seed Trade Association, American Sugar Alliance, Association of Equipment Manufacturers, Association of Public and Land-grant Universities, Biotechnology Innovation Organization, Crop Insurance and Reinsurance Bureau, Ducks Unlimited, Farm Credit Council, National Cattlemen’s Beef Association, National Corn Growers Association, National Cotton Council, National Milk Producers Federation, Produce Marketing Association and USA Rice Federation. For more on the formation of the alliance, see ALWR—week ending November 20, 2020, “Farm and Environmental Groups Form Alliance to Tackle Climate Change.”
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 here.
Upcoming Webinars
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 Attorney, Penn State Extension, March 23, 2021 at 9:00 am 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.
All Matters FDA: 11th Annual Food and Drug Law Symposium, Widener-Delaware Law, March 24, 2021 at 1:00 pm ET.
Penn State Research & News:
New Study Examines Importance and Unique Characteristics of U.S. Female Farmers (Mar. 1, 2021).
Grant Aimed at Developing Corn Cultivars that Grow Deeper, Stronger Roots (Mar. 1, 2021).
Weekly Featured Graphic:
From American Farm Bureau Federation, Market Intel: Sustainability Markets, Part 2: Common Land-Use Practices Under Consideration for Conservation Adoption
Agricultural Law/Policy Resources of Interest:
Roger A. McEowen, Packers and Stockyards Act Amended – Additional Protection for Unpaid Cash Sellers of Livestock (Feb. 21, 2021).
Roger A. McEowen, Ag Zoning Potpourri (Feb. 25, 2021).
Rusty Rumley, Industrial Hemp Production Contracts (Mar. 2, 2021).
Paul Goeringer, County Granting Special Exception for Solar Development Did Not Create a Vested Right (Mar. 3, 2021).
Kristine A. Tidgren, Key Tax Considerations for Farmers in Early 2021 (Mar. 3, 2021).
Kristine A. Tidgren, Schedule C Filers Can Use Gross Income to Calculate New PPP Loans (Mar. 4, 2021).
DTN Progressive Farmer (Emily Unglesbee), Dicamba Rules Update – 1; Dicamba Rules Update – 2; Dicamba Rules Update – 3.
DTN Progressive Farmer (Various editorial staff), Gene Revolution Turns 25: Part 1- Gene-Altered Attitudes, Part 2 – Designer Crops, Part 3 – Press the Edit Button, Part 4 – Shot Heard Round the World, Part 5 – Why Does Europe Oppose GMOs?
AGENCY PRESS RELEASES—STATE/FEDERAL
Pennsylvania Department of Agriculture Press Releases:
Department of Agriculture Releases COVID-19 Restaurant Enforcement Actions, February 22 – 28, 2021 (Mar. 3, 2021).
Department of Agriculture: Dog Wardens Link Sick Puppies to Veterinary Care, Lack of Fee Increase Puts Buyers at Risk for Heartache (Mar. 3, 2021).
Wolf Administration Announces $500,000 Available to Improve Childhood Access to Healthy, Local Foods (Mar. 4, 2021).
U.S. Department of Agriculture (USDA) Press Releases:
USDA Announces Dr. Dewayne Goldmon as Senior Advisor, Racial Equity, and Andy Green as Senior Advisor, Fair and Competitive Markets (Mar. 1, 2021).
Biden-Harris Administration’s Actions to Reduce Food Insecurity Amid the COVID-19 Crisis (Mar. 3, 2021).
FACT SHEET: Update on USDA Activities to Contain the COVID-19 Pandemic (Mar. 3. 2021).
USDA Agricultural Marketing Service (AMS) Press Releases:
USDA Seeks National Christmas Tree Promotion Board Nominees (Mar. 1, 2021).
USDA Seeks Nominees for the Hass Avocado Board (Mar. 1, 2021).
AMS Reopens Comment Period on Proposed Changes to Mycotoxin Test Kit (Mar. 3, 2021).
USDA Announces Fruit and Vegetable Industry Advisory Committee Virtual Meeting (Mar. 3, 2021).
USDA Reopens the Comment Period on the Lamb Promotion, Research, and Information Order’s Proposed Rule (Mar. 3, 2021).
USDA Cites Southern Sun LLC in New Jersey for PACA Violations (Mar. 3, 2021).
USDA Settles a Packers and Stockyards Case Against Kingdom Livestock Transport LLC (Mar. 4, 2021).
USDA Cites B & B Organics Inc. in Indiana for PACA Violations (Mar. 4, 2021).
USDA Reaches a Consent Decision and Civil Penalty with Richard Gresham, d/b/a H&D Cattle Company for Packers and Stockyards Act Violations (Mar. 4, 2021).
USDA Files Amended Action Against North Pacific Canners and Packers Inc., D/B/A NORPAC Foods Inc. in Oregon for Alleged PACA Violations (Mar. 4, 2021).
USDA Cites Evergreen Fresh Farms Inc. in California for PACA Violations (Mar. 5, 2021).
USDA Lifts PACA Reparation Sanctions on California Produce Business (Mar. 5, 2021).
USDA Settles a Packers and Stockyards Case Against Jamestown Livestock Co. (Mar. 5, 2021).
USDA Cites Bain Distributors Inc. in California for PACA Violations (Mar. 5, 2021).
USDA Determines Individual Responsibly Connected to California Violator (Mar. 5, 2021).
USDA Agency Press Releases:
Wild Potatoes Tapped for Late Blight Guard Duty, ARS (Mar. 2, 2021).
ARS Announces Winners of Innovative Challenge to Preserve Flavor of Catfish, ARS (Mar. 3, 2021).
New ARS Food and Nutrition Research Briefs Issued, ARS (Mar. 4, 2021).
APHIS Seeks Comment on Draft Pest Risk Assessment for the Importation of Tarragon from Kenya, APHIS (Mar. 1, 2021).
APHIS Proposes to Eliminate the Voluntary Trichinae Certification Program, APHIS (Mar. 2, 2021).
USDA Seeks Input on Potential Regulatory Oversight for Certain Animals Developed Using Genetic Engineering, APHIS (Mar. 5, 2021).
USDA Agricultural Projections to 2030, ERS (Feb. 2021).
Attributing U.S. Campylobacteriosis Cases to Food Sources, Season, and Temperature, ERS (Feb. 2021).
Private Exporters Report Sales Activity for Japan, FAS (Mar. 2, 2021).
Ensuring Meat Processing Safety in These Challenging Times, NIFA (Mar. 1, 2021).
USDA Has Pumped More Than $1.3 Million in Nebraska’s Communities with Disaster Recovery Grants–There is Still Funding Available Now, Rural Development (Mar. 2, 2021).
Apply for PPP Before March 10th: Help for Family- and Center-Based Child Care Businesses With Fewer Than 20 Employees., Rural Development (Mar. 2, 2021).
STATE ACTIONS—EXECUTIVE/LEGISLATIVE
Pennsylvania Executive Agencies (Pa. Bulletin Vol. 51, No. 10—Mar. 6, 2021):
Department of Environmental Protection
51 Pa.B. 1220 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.”
Department of Revenue
51 Pa.B. 1283 Notice: “Realty Transfer Tax; 2019 Common Level Ratio; Real Estate Valuation Factors; Revised.”
The Governor
51 Pa.B. 1126 Notice: “Amendment to Proclamation of Disaster Emergency [COVID-19 Pandemic].”
Fish and Boat Commission
51 Pa.B. 1284 Notice: “Additions to List of Class A Wild Trout Waters.”
51 Pa.B. 1285 Notice: “Classification of Wild Trout Streams; Additions, Revisions and Removal.”
51 Pa.B. 1285 Notice: Proposed Special Regulation Designations.”
51 Pa.B. 1286 Notice: “Special Regulation Designations.”
Pennsylvania Legislature
Signed by the Governor
HB 326 “An Act amending Title 51 (Military Affairs) of the Pennsylvania Consolidated Statutes, in the Governor as Commander-in-Chief, further providing for active duty for emergency [Pa. National Guard Assistance with the Distribution of COVID Vaccine].” Act No. 4 (Mar. 3, 2021).
House Legislation
HB 713 “An Act providing for the Pennsylvania Fresh Food Financing Initiative; and imposing powers and duties on the Department of Agriculture.” Referred to Agriculture and Rural Affairs [House] (Mar. 1, 2021).
HB 714 “An Act providing for protection of existing riparian buffers, for restoration of impaired riparian buffers, for exemptions, for municipal authority, for powers and duties of Department of Environmental Protection, for property inspections, for delegation to a municipality, for municipal action appeals, for penalties, civil action and liability for costs and for effect on other Commonwealth laws or regulations and municipal ordinances.” Referred to Environmental Resources and Energy [House] (Mar. 1, 2021).
HB 766 “An Act amending . . . the Tax Reform Code of 1971, in corporate net income tax, further providing for reports and payment of tax and for extension of time to file reports.” Referred to Finance [House] (Mar. 3, 2021).
FEDERAL ACTIONS—EXECUTIVE/LEGISLATIVE
Federal Executive Agencies (Federal Register Mar. 1–5, 2021):
Agency for Healthcare Research and Quality
86 FR 12190 Notice: “Supplemental Evidence and Data Request on Improving Rural Health Through Telehealth-Guided Provider-to-Provider Communication” (Mar. 2, 2021).
Agriculture Department
86 FR 12169 Notice: “Submission for OMB Review; Comments Requested; Correction [Agricultural Marketing Service: Regulations and Related Reporting and Recording Requirements—FTPP, Packers and Stockyards Division]” (Mar. 2, 2021).
Agricultural Marketing Service
86 FR 12119 Proposed Rule—Comment Period: “Fees for Supervision of Official Inspection and Weighing Services Performed by Delegated States and/or Designated Agencies, Miscellaneous Fees for Other Services, and Removal of Specific Fee References” (Mar. 2, 2021).
86 FR 12799 Rule: “Pistachios Grown in California, Arizona, and New Mexico; Increased Assessment Rate” (Mar. 5, 2021).
86 FR 12837 Proposed Rule—Comment Period: “Walnuts Grown in California; Decreased Assessment Rate” (Mar. 5, 2021).
Animal and Plant Health Inspection Service
86 FR 12293 Proposed Rule—Comment Period: “Elimination of the Voluntary Trichinae Certification Program” (Mar. 3, 2021).
86 FR 12901 Notice—Comment Period: “Notice of Request for Revision to and Extension of Approval of an Information Collection; Control of Chronic Wasting Disease” (Mar. 5, 2021).
86 FR 12902 Notice—Comment Period: “Notice of Request for Reinstatement of an Information Collection; APHIS Student Outreach Program” (Mar. 5, 2021).
Environmental Protection Agency
86 FR 12829 Rule, comments accepted: “Picarbutrazox; Pesticide Tolerances” (Mar. 5, 2021).
Federal Aviation Administration
86 FR 12074 Notice: “Agency Information Collection Activities: Requests for Comments; Clearance of a Renewed Approval of Information Collection: Agricultural Aircraft Operations” (Mar. 1, 2021).
Federal Emergency Management Agency
86 FR 12011 Notice: “Final Flood Hazard Determinations [Mass., R.I.]” (Mar. 1, 2021).
86 FR 12012 Notice: “Final Flood Hazard Determinations [Md., N.Y.]” (Mar. 1, 2021).
86 FR 12013 Notice—Comment Period: “Proposed Flood Hazard Determinations [Iowa]” (Mar. 1, 2021).
86 FR 12015 Notice—Comment Period: “Proposed Flood Hazard Determinations [Ga., Mont., Tenn., Va.]” (Mar. 1, 2021).
86 FR 12017 Notice—Comment Period: “Proposed Flood Hazard Determinations [Ind.]” (Mar. 1, 2021).
Fish and Wildlife Service
86 FR 11892 Rule, comments accepted: “Endangered and Threatened Wildlife and Plants; Revised Designation of Critical Habitat for the Northern Spotted Owl; Delay of Effective Date”
86 FR 12199 Notice—Comment Period: “Conference of the Parties to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES); Nineteenth Regular Meeting: Species Proposals for Consideration and Request for Information and Recommendations on Resolutions, Decisions, and Agenda Items for Consideration” (Mar. 2, 2021).
Food and Drug Administration
86 FR 12688 Notice—Comment Period: “Agency Information Collection Activities; Proposed Collection; Comment Request; Early Food Safety Evaluation of New Non-Pesticidal Proteins Produced by New Plant Varieties Intended for Food Use” (Mar. 4, 2021).
86 FR 12952 Notice—Comment Period: “Agency Information Collection Activities; Proposed Collection; Comment Request; Generic Clearance for the Collection of Quantitative Data on Tobacco Products and Communications” (Mar. 5, 2021).
86 FR 12954 Notice: “Canned Tuna Deviating From the Standard of Identity; Amendment of Temporary Marketing Permit” (Mar. 5, 2021).
Food and Nutrition Service
86 FR 12594 Notice: “Child Nutrition Programs: Income Eligibility Guidelines” (Mar. 4, 2021).
86 FR 12903 Notice: “Special Supplemental Nutrition Program for Women, Infants, and Children (WIC): 2021/2022 Income Eligibility Guidelines” (Mar. 5, 2021).
Food Safety and Inspection Service
86 FR 12122 Proposed Rule—Comment Period: “Internet Access at Official Establishments and Plants” (Mar. 3, 2021).
International Trade Commission
86 FR 12969 Notice: “Preserved Mushrooms from Chile, China, India, and Indonesia” (Mar. 5, 2021).
Department of Labor
86 FR 12036 Notice—Comment Period: “Agency Information Collection Activities; Submission for OMB Review; Comment Request; National Compensation Survey” (Mar. 1, 2021).
Rural Business-Cooperative Service
86 FR 12597 Notice: “Notice of Solicitation of Applications (NOSA) for the Strategic Economic and Community Development Program for Fiscal Year (FY) 2021; Correction” (Mar. 4, 2021).
86 FR 12905 Notice: “Inviting Applications for Value-Added Producer Grants and Solicitation of Grant Reviewers” (Mar. 5, 2021).
Small Business Administration
86 FR 12067 Notice: “Administrative Declaration of a Disaster for the State of Colorado [Wildfires]” (Mar. 1, 2021).
86 FR 12066 Notice: “Presidential Declaration of a Major Disaster for the State of Texas [Severe Winter Storms]” (Mar. 1, 2021).
86 FR 12510 Notice: “Presidential Declaration of a Major Disaster for Public Assistance Only for the State of Louisiana [Hurricane Zeta]” (Mar. 3, 2021).
86 FR 12509 Notice: “Presidential Declaration of a Major Disaster for the State of Oklahoma [Severe Winter Storms]” (Mar. 3, 2021).
86 FR 12510 Notice: Presidential Declaration Amendment of a Major Disaster for the State of Texas [Severe Winter Storms]” (Mar. 3, 2021).
Wage and Hour Division
86 FR 12535 Rule: “Independent Contractor Status Under the Fair Labor Standards Act (FLSA): Delay of Effective Date” (Mar. 4, 2021).
U.S. House Agriculture Committee
H.R.1503 “To amend the Mineral Leasing Act to make certain adjustments in leasing on Federal lands for oil and gas drilling, and for other purposes.” Referred to the Committee on Natural Resources and the Committee on Agriculture (Mar. 2, 2021).
H.R.1506 “To provide for the accurate reporting of fossil fuel extraction and emissions by entities with leases on public land, and for other purposes.” Referred to the Committee on Natural Resources and the Committee on Agriculture (Mar. 2, 2021).
H.R.1525 “To require the Department of Interior and the Department of Agriculture to establish 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 (Mar. 2, 2021).
H.R.806 “Clean Energy and Sustainability Accelerator Act.” Referred to the Subcommittee on Commodity Exchanges, Energy, and Credit (Mar. 3, 2021).
H.R.843 “To amend the Commodity Credit Corporation Charter Act to raise the borrowing limit of the Commodity Credit Corporation.” Referred to the Subcommittee on General Farm Commodities and Risk Management (Mar. 3, 2021).
H.R.859 “Protecting American Energy Jobs Act.” Referred to the Subcommittee on Conservation and Forestry (Mar. 3, 2021).
H.R.869 “Research Investment to Spark the Economy Act of 2021 or RISE Act of 2021.” Referred to the Subcommittee on Biotechnology, Horticulture, and Research (Mar. 3, 2021).
H.R.895 “Emergency Assistance for Rural Water Systems Act of 2021” Referred to the Subcommittee on Commodity Exchanges, Energy, and Credit (Mar. 3, 2021).
H.R.1542 “To amend the Farm Security and Rural Investment Act of 2002 to provide grants for deployment of renewable fuel infrastructure, to finalize proposed rules relating to requirements for E15 fuel dispenser labeling and underground storage tank compatibility, and for other purposes.” Referred to the Committee on Energy and Commerce and the Committee on Agriculture (Mar. 3, 2021).
U.S. Senate Committee Agriculture, Nutrition, and Forestry:
S.543 “A bill to amend the Packers and Stockyards Act, 1921, to establish a cattle contract library, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry (Mar. 2, 2021).
Connect with the Center on Facebook or on Twitter @AgShaleLaw
Top #AgLaw HotLinks Mar. 1–5, 2021
A Handful of Dairy States Causing Swings in Production, Brownfield
Cover Crops Grow in Popularity, But Still a Niche, Successful Farming
The World Wants U.S. Dairy, Morning Ag Clips
Weak U.S. Dollar Benefits Some Agriculture Commodities, But Not All, Morning Ag Clips
NAMI Continues to Fight California’s Prop 12, Meat+Poultry
FDA, CDC Assert that COVID-19 Does Not Transmit on Packaging, Food, Meat+Poultry
Political Environment May be Right for Ag Immigration Reform, Feedstuffs
Texas Freeze Killed Winter Produce, with Some Food Prices Expected to Spike, Washington Post
Ranking Member of Senate Ag Committee Ready to Tackle the Farm Bill, Brownfield
U.S. Falls Eight Places in Annual Food Security Index, Food Safety News
Environmentalists Make Long-Shot Attempt to Ban New Factory Farms, Daily Yonder
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
