October 26, 2021

Agricultural Law Weekly Review – Week Ending October 22, 2021

Animal Welfare: Federal Court Refuses to Dismiss Suit to Compel USDA Regulations on Poultry Processing Plant Animal Handling 🌾
On October 13, 2021, the U.S. District Court for the Western District of New York issued a decision refusing to dismiss two animal welfare organizations’ lawsuit filed against the U.S. Department of Agriculture (USDA) for refusing to issue regulations governing live animal handling practices at poultry processing plants.  Animal Welfare Institute et al. v. Perdue et al., No. 6:20-cv-06595.  While the decision rests upon technical legal issues of standing and subject matter jurisdiction, the lawsuit, if successful, would compel USDA to begin regulating animal handling of live birds by processing plant employees and on processing plant grounds, a subject matter that has been previously left to state law, primarily under animal cruelty statutes.  The plaintiffs submitted rulemaking petitions, or their equivalent, in both 2013 and 2016 to USDA’s Food Safety and Inspection Service (FSIS); USDA denied them in 2019; and the complaint was filed in 2020. That underlying legal theory is that alleged “inhumane” treatment of live poultry is linked to adulterated poultry products and the refusal to regulate it constitutes a violation of the Poultry Products Inspection Act and Administrative Procedure Act.

WOTUS: Court Denies Reconsideration in County of Maui Case
On October 20, 2021, the U.S. District Court for the District of Hawaii issued an order denying the County of Maui’s (County) motion for reconsideration of the court’s July 2021 grant of summary judgment, which held that the County must acquire a National Pollutant Discharge Elimination System (NPDES) permit for its Lahaina Wastewater Reclamation Facility (LWRF) according to the standards the U.S. Supreme Court ordered be applied on remand of the case.  Hawaii Wildlife Fund v. County of Maui, No. 1:12-cv-00198.  The court found, “[T]he undisputed evidence demonstrates that millions of gallons of wastewater are discharged into the Pacific Ocean . . . and that this wastewater begins to emerge into the ocean only 84 days after the LWRF dumps it into the injection wells. Under these circumstances, the County does not persuade this court to reconsider its conclusion that what is before the court is the functional equivalent of a direct discharge.”  For background, see ALWR—July 16, 2021, “County of Maui Must Obtain Federal Clean Water Act Permit for Wastewater Injection Well Disposal.”

Antitrust: Court Dismisses Direct Action Purchaser Claims Against Tyson
On October 18, 2021, the U.S. District Court for the Northern District of Illinois issued an order dismissing claims of multiple direct action purchasers (DAPs) against Tyson Foods, Inc. in the consolidated civil antitrust class action case In re Broiler Chicken Antitrust Litigation, No. 1:16-cv-08637.  Plaintiffs include, among others, the national grocery chains Kroger Co. and Publix Super Markets, Inc.  In response to the parties’ stipulation, the court dismissed the claims with prejudice, barring the DAP plaintiffs from further action against Tyson on the same claims.  Previously, Tyson agreed to pay $99 million to settle end-user claims.  See ALWR—April 2, 2021, “Tyson and Others to Pay $104 Million to End-User Class in Poultry Antitrust Settlement.”

Animal Welfare: Humane Society Files Suit Against Smithfield for Misleading Use of Gestation Crates
On October 18, 2021, the Humane Society of the United States (HSUS) filed a complaint in the Superior Court of the District of Columbia alleging that, under the District of Columbia Consumer Protection Procedures Act, Smithfield Foods misrepresents and deceptively advertises its pork products because the company continues to use gestation crates.  The Humane Society of the United States v. Smithfield Foods, Inc., No. 2021-CA-003777.  According to the complaint and HSUS’s corresponding press release in 2007, Smithfield announced that “it was ‘beginning the process of phasing out individual gestation stalls’” and “would be ‘replacing them with pens—or group housing—over the next 10 years.’”  However, HSUS claims that Smithfield “leads consumers to believe that the company has eliminated its use of gestation crates, which, upon information and belief, appears to be false.”  HSUS seeks declaratory and injunctive relief against Smithfield.

Pesticides/Herbicides: Producer Groups File EPA Petition Challenging Chlorpyrifos Tolerance Revocation
On October 19, 2021, more than eighty producer groups filed a petition with the U.S. Environmental Protection Agency (EPA) challenging the agency’s August 30, 2021, final rule (86 FR 48315) revoking all chlorpyrifos tolerances after February 28, 2022. Chlorpyrifos; Tolerance Revocations, EPA-HQ-OPP-2021-0523.  As recited at the outset of the final rule, it was issued in response to litigation and a court order that effectively compelled it.  The petition cites examples of sugar beet growers, soybean farmers, Michigan cherry producers, and others who stand to experience substantial economic loss resulting from their inability to use chlorpyrifos, which provides the most effective pest control for their crops.  The groups argue that EPA wrongly determined the rule to be “not economically significant” and, as such, failed to seek its review by the Office of Information and Regulatory Analysis (OIRA).  Additionally, the groups point to the rule’s underlying statute, the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)—a “risk-benefit statute”— and argue that, in revoking all chlorpyrifos tolerances, EPA only identified a “potential” hazard, which the groups claim “EPA’s own experts believe . . . can be mitigated using existing controls.”  The groups are asking EPA to rescind the rule, effective October 29, 2021, and stay its implementation.

Conservation Programs: USDA Announces 2022 Conservation Funding Programs
On October 21, 2021, the U.S. Department of Agriculture’s (USDA) Natural Resources Conservation Service (NRCS) announced several upcoming application cycle opportunities for the fiscal year 2022 programs: the Environmental Quality Incentives Program (EQIP), Conservation Stewardship Program (CSP), Agricultural Conservation Easement Program (ACEP), and Agricultural Management Assistance (AMA).  The agency advises producers to apply for the programs by their state-specific ranking date for optimal consideration.  For Pennsylvania, the upcoming EQIP and AMA ranking dates are Nov. 1, 2021; Jan. 1, 2022; and March 1, 2022.

Agricultural Labor:  Homeland Security Secretary Stops “Ice Raids”
On October 12, 2021, U.S. Department of Homeland Security Secretary Mayorkas issued a department-wide memorandum on enforcement objectives, goals, priorities and methods which states, among other things, that the Department will be “focusing our worksite enforcement efforts on unscrupulous employers” and directing that the department “no longer conduct mass worksite operations,” commonly referred to as ICE raids.  The memo recites a policy review process in which the Department will engage.

International Trade: EU Parliament Passes Farm to Fork Resolution
On October 20, 2021, the European Parliament announced that Members of the European Parliament (MEPs) voted October 19, 2021, to adopt resolution 2020/2260, “A Farm to Fork Strategy for a fair, healthy and environmentally friendly food system.”  The “Farm to Fork Strategy” recommends multiple strategies to produce sustainable, healthy food and safeguard farmer income and food security.  Such strategies include member state-binding pesticide reduction targets, agricultural emissions reduction targets, rigid biomass-based renewable energy criteria, and phasing out the use of cages in animal farming.  The resolution provides a framework for future European Commission legislation.  According to the announcement, the vote passed with 452 votes in favor, 170 against, and 76 abstentions.

CENTER FOR AGRICULTURAL AND SHALE LAW (CASL) PROGRAMS & RESOURCES

Client Applications Being Accepted by Rural Economic Development Clinic

For the 2021 Fall semester, the Center is soliciting two categories of potential clients who desire free legal consultations on the following topics through Penn State Law’s Rural Economic Development Clinic: Review of utility-scale solar leases; and Pennsylvania’s new Agritourism Activity Protection Act’s requirements for legal immunity from negligence claims for personal injury.  Law students enrolled in the Clinic perform legal work for clients, free of charge, under the supervision of the Center’s attorneys.  Acceptance of Clinic clients is always subject to case load and capacity at any given time.  Interested Pennsylvania landowners or farm operators should apply as soon as possible by filling out the CLIENT APPLICATION, or go to at https://aglaw.psu.edu/legal-clinic/ for more information. Time is of the essence as capacity is limited.

Agricultural Law Podcasts: 

Weekly Episode #197. Biofuel Group Seeks Supreme Court Review of E15 Vacatur & R-CALF Has Standing to Continue Beef Checkoff Challenge (Oct. 15, 2021).

Weekly Episode #196. Supreme Court Petition Challenges California’s Proposition 12 & New Mexico District Court Vacates Navigable Waters Protection Rule (Oct. 5, 2021).

Weekly Episode #195. Federal Court Denies Dismissal of Beef Antitrust Litigation & EPA Rescinds WOTUS Maui Guidance (Sept. 27, 2021).

Special Episode #11. Bioengineered Food & Genetically Modified Salmon (Oct. 1, 2021).

Special Episode #10. Glyphosate Litigation (Sept. 24, 2021).

Events:  

Penn State Extension webinar, Carbon Markets in Pennsylvania, presenter-CASL’s Brook Duer, November 10, 2021, 11:30 am.

Berks Agricultural Resource Network (BARN) webinar, Agritourism Law Event, presenter—CASL’s Brook Duer, November 9, 2021 at 5:30 pm.

Pennsylvania Farm Bureau webinar, Agritourism Liability, presenter—CASL’s Brook Duer (recorded Sept. 30, 2021).

PA Farm Bureau Farm Focus podcast, New Agritourism Law—What You Need to Know, guest—CASL’s Brook Duer (recorded Sept. 30, 2021).

National Agricultural Law Center webinar, Overview of Federal and State Purchase of Agricultural Conservation Easement (PACE) Programs, presenter—CASL’s Ross Pifer (recorded Sept. 15, 2021).

Penn State News, Research, & Resources:

Popular Perennial Flowering Plants Can Attract Diverse Mix of Pollinators (Oct. 22, 2021).

Scientists Uncover the Genetic Pathway That Colors Bumble Bee Stripes (Oct. 21, 2021).

Agricultural Law/Policy Resources of Interest: 

Progressive Farmer’s Ag Policy Blog/Chris Clayton:

Texas A&M, Ag & Food Policy Center, The U.S. Beef Supply Chain: Issues and Challenges, Proceedings of a Workshop on Cattle Markets (June 3–4, 2021).

Ag Daily, Government Interference in Beef & Cattle Markets Has Consequences (Oct. 7, 2021).

Hoard’s Dairyman, The Flip-Flop on Fats Has Spun Heads (Oct. 21, 2021).

Joel Cape, Points to Ponder by Ag Producers for Carbon Credit Contracts (Oct. 15, 2021).

Jana Caracciolo, Organic Update: AMS Proposes to De-list 18 Substances (Oct. 19, 2021).

Tiffany Lashmet, Trifecta of “Ag Gag” Opinions (Oct. 18, 2021).

Brigit Rollins, Procedures: Class Actions & Multi-district Litigations (Oct. 21, 2021).

Peggy Kirk Hall, When Someone Destroys Your Crops and Trees, Consider This Law (Oct. 22, 2021).

Roger A. McEowen, S Corporations—Reasonable Compensation; Non-Wage Distributions and a Legislative Proposal (Oct. 19, 2021).

Agriculture-Related Legislative Hearings:

U.S. House Agriculture Committee, A Hearing to Review the State of the Livestock Industry: video and written testimony (recorded Oct. 7, 2021).

U.S. House Agriculture Committee, Voluntary Carbon Markets in Agriculture and Forestry (recorded Sept. 23, 2021).

U.S. Senate Agriculture Committee, Milk Pricing: Areas for Improvement and Reform: video and written testimony (recorded Sept. 15, 2021).

Pennsylvania Senate Agriculture Committee, Hearing on Utility Scale Solar Development and Agricultural Land in Pennsylvania, witness—CASL’s Brook Duer (recorded Sept. 21, 2021).

Pennsylvania General Assembly’s Center for Rural Pennsylvania, Solar Development in Rural Pennsylvania: video and written testimony (recorded Oct. 1, 2021).

AGENCY PRESS RELEASES—STATE/FEDERAL

PENNSYLVANIA DEPARTMENT OF AGRICULTURE PRESS RELEASES:

Secretary Of Agriculture Highlights Wolf Administration’s $50 Million Dairy Investment To Fuel Farmers, Families, Economy (Oct. 19, 2021).

Department Of Agriculture To Canvass Southern Central PA Counties For Spotted Lanternfly Business Permitting Compliance (Oct. 20, 2021).

Department Of Agriculture Announces $20,000 In New Support For Urban Ag Grant Program, Extends Application Deadline (Oct. 21, 2021).

Pennsylvania Opens 2022 Hemp Permit Applications; Encourages Growers To Report Acreage, Sales To USDA (Oct. 21, 2021).

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

USDA Launches New Effort to Reduce Salmonella Illnesses Linked to Poultry (Oct. 19, 20210

USDA Appoints New Members to Food Safety Advisory Committee (Oct. 19, 2021).

USDA and EPA Announce Winners of the Next Gen Fertilizer Innovations Challenge (Oct. 19, 2021).

Biden Administration Takes Action to Complete Study of Boundary Waters Area Watershed (Oct. 20, 2021).

Joint Statement from U.S. and Mexican Agriculture Secretaries (Oct. 20, 2021).

USDA AGENCY PRESS RELEASES: 

Agricultural Marketing Service  

AMS Issues a Complaint Against Ruben Saavedra, Sr. for Alleged Violations of the Packers and Stockyards Act (Oct. 15, 2021).

USDA Lifts PACA Reparation Sanctions on California Produce Business (Oct. 15, 2021).

USDA Reaches a Consent Decision Against Patton Junction Livestock Auction Inc. (Oct. 15, 2021).

USDA Reapportions Membership on the Florida Tomato Committee under the Marketing Order for Tomatoes Grown in Florida (Oct. 15, 2021).

USDA Gives Details of New Dairy Export Certificates for Dairy Consignments to Great Britain (Oct. 18, 2021).

USDA Issues Opportunity for Designation and Request for Comments on Official Agencies Servicing Various Areas (Oct. 22, 2021).

Agricultural Research Service

Researchers Develop Self-Pollinating Almond With a Gold Mine of Tasty Traits (Oct. 18, 2021).

Animal and Plant Health Inspection Service 

APHIS Seeks Comments on a Pest Risk Analysis for Imports of Fresh Leaves and Stems of Garland Chrysanthemum (Glebionis coronarium) from Mexico into the United States (Oct. 19, 2021).

APHIS Adds Republic of Mali to the List of Regions Affected with Highly Pathogenic Avian Influenza (Oct. 19, 2021).

Economic Research Service

Irrigation Organizations: Water Storage and Delivery Infrastructure (Oct. 19, 2021).

Food Safety and Inspection Service

Special Alert: Constituent Update—USDA Launches New Effort to Reduce Salmonella Illnesses Linked to Poultry (Oct. 19, 2021).

Constituent Update (Oct. 22, 2021).

Foreign Agricultural Service  

Joint Statement from U.S. and Mexican Agriculture Secretaries (Oct. 20, 2021).

Private Exporters Report Sales Activity for Mexico [130,000 metric tons of corn] (Oct. 21, 2021).

Forest Service

USDA Now Accepting Grant Applications for Wood Products, Energy (Oct. 19, 2021).

National Institute of Food and Agriculture

NIFA Invests $2M for Aquaculture Research (Oct. 20, 2021).

Natural Resources Conservation Service

NRCS Announces Conservation Funding Opportunities for 2022 (Oct. 21, 2021).

Rural Development

USDA to Make Up to $1.15 Billion Available to Help People Living in Rural Communities Access High-Speed Internet (Oct. 22, 2021).

STATE ACTIONS—EXECUTIVE/LEGISLATIVE

PENNSYLVANIA EXECUTIVE AGENCIES (Pa. Bulletin Vol. 51, No. 43—Oct. 23, 2021):          

Department of Agriculture

51 Pa.B. 6616 Notice: “General Quarantine Order; Commonwealth of Pennsylvania Live Bird Market Poultry Testing Requirements.”

51 Pa.B. 6622 Notice: “Program Requirements for the Urban Agricultural Infrastructure Grant Program.”

Department of Environmental Protection

51 Pa.B. 6624 Notice: “Applications For NPDES and WQM Permits Under The Clean Streams Law And Federal Clean Water Act.”

51 Pa.B. 6704 Notice: “Draft Stream Evaluation Report; Available for Public Comment.”

51 Pa.B. 6705 Notice: “Nutrient Credit Trading Program; Mass Certification.”

51 Pa.B. 6706 Notice: “Public Notice of Draft NPDES General Permit for Discharges from Hydrostatic Testing of Tanks and Pipelines (PAG-10).”

51 Pa.B. 6707 Notice: “Water Resources Advisory Committee Meeting Rescheduled [Nov. 18, 2021].”

Game Commission

51 Pa.B. 6611 Proposed Rulemaking: “Hunting and Trapping; Big Game.”

51 Pa.B. 6608 Proposed Rulemaking: “Preliminary Provisions; Replacement Costs for Wildlife Killed.”

51 Pa.B. 6611 Proposed Rulemaking: “Special Permits; Deer Control; Agriculture.”

51 Pa.B. 6609 Rules and Regulations: “Wildlife Classification; Birds.”

Susquehanna River Basin Commission

51 Pa.B. 6593 Rules and Regulations: “Review and Approval of Projects.”

51 Pa.B. 6753 Notice: “Telephonic Public Hearing [Nov. 4, 2021].”

PENNSYLVANIA LEGISLATURE:      

SB 907 “An Act establishing the Animal Welfare Board; and providing for its powers and duties.” Referred to AGRICULTURE AND RURAL AFFAIRS [House] (Oct. 18, 2021).

HB 1984 “An Act amending . . . the Agricultural Area Security Law, further providing for purchase of agricultural conservation easements.” Referred to AGRICULTURE AND RURAL AFFAIRS [House] (Oct. 19, 2021).

FEDERAL ACTIONS—EXECUTIVE/LEGISLATIVE

FEDERAL EXECUTIVE AGENCIES (Federal Register Oct. 11–15, 2021): 

Agriculture Department  

86 FR 57633 Notice: “Submission for OMB Review; Comment Request [Rural Housing Service: Community Facilities Grant Program]” (Oct. 18, 2021).

86 FR 58249 Notice: “Submission for OMB Review; Comment Request [Forest Service: National Woodland Owner Survey]” (Oct. 21, 2021).

86 FR 58636 Notice, comments accepted: “Submission for OMB Review; Comment Request [Risk Management Agency: Acreage/Crop Reporting Streamlining Initiative]” (Oct. 22, 2021).

Agricultural Marketing Service

86 FR 57633 Notice—Comment Period: “Farm and Food Workers Relief Grant Program; Request for Emergency Approval of a New Information Collection” (Oct. 18, 2021).

86 FR 58247 Notice—Comment Period: “United States Grain Standards Act Designation Opportunities and Request for Comments on Official Agencies Providing Services” (Oct. 21, 2021).

Animal and Plant Health Inspection Service

86 FR 57803 Notice—Comment Period: “Notice of Request for Revision to and Extension of Approval of an Information Collection; Animal Disease Traceability” (Oct. 19, 2021).

86 FR 57802 Notice—Comment Period: “Notice of Availability of a Pest Risk Analysis for the Importation of Fresh Leaves and Stems of Garland Chrysanthemum (Glebionis coronarium) From Mexico Into the Continental United States, Hawaii, Puerto Rico, and the U.S. Virgin Islands” (Oct. 19, 2021).

86 FR 57802 Notice: “Addition of the Republic of Mali to the List of Regions Affected With Highly Pathogenic Avian Influenza” (Oct. 19, 2021).

Environmental Protection Agency

86 FR 57753 Final Rule, comments accepted: “Propamocarb; Pesticide Tolerances” (Oct. 19, 2021).

86 FR 58074 Notice—Comment Period: “Proposed Stipulated Partial Settlement Agreement, Endangered Species Act Claims” (Oct. 20, 2021).

86 FR 58239 Proposed Rule—Comment Period: “Receipt of Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various Commodities (October 2021)” (Oct. 21, 2021).

86 FR 58266 Notice: “Farm, Ranch, and Rural Communities Advisory Committee (FRRCC); Notice of Virtual Public Meeting” (Oct. 21, 2021).

86 FR 58656 Notice: “Pesticide Registration Review; Interim Decisions and Case Closures for Several Pesticides; Notice of Availability” (Oct. 22, 2021).

86 FR 58654 Notice—Comment Period: “Pesticide Registration Review; Proposed Interim Decisions for Several Pesticides; Notice of Availability” (Oct. 22, 2021).

Farm Credit Administration

86 FR 58042 Proposed Rule—Comment Period: “Risk Weighting of High Volatility Commercial Real Estate (HVCRE) Exposures” (Oct. 20, 2021).

86 FR 58559 Final Rule: “Standards of Conduct” (Oct. 22, 2021).

Federal Communications Commission

86 FR 57829 Notice, intent to renew: “Federal Advisory Committee Act; Task Force for Reviewing the Connectivity and Technology Needs of Precision Agriculture in the United States” (Oct. 19, 2021).

86 FR 57827 Notice, public meeting: “Federal Advisory Committee Act; Task Force for Reviewing the Connectivity and Technology Needs of Precision Agriculture in the United States [public meeting Nov. 10, 2021]” (Oct. 19, 2021).

Fish and Wildlife Service

86 FR 57588 Final Rule: “Endangered and Threatened Wildlife and Plants; Reclassification of the Humpback Chub From Endangered to Threatened With a Section 4(d) Rule” (Oct. 18, 2021).

86 FR 57773 Proposed Rule—Comment Period: “Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Southern Sierra Nevada Distinct Population Segment of Fisher” (Oct. 19, 2021).

86 FR 57846 Notice—Comment Period: “Foreign Endangered Species; Receipt of Permit Applications” (Oct. 19, 2021).

86 FR 58092 Notice—Comment Period: “Endangered Species; Receipt of Recovery Permit Applications” (Oct. 20, 2021).

86 FR 58474 Final Rule: “Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Narrow-Headed Gartersnake” (Oct. 21, 2021).

Food and Drug Administration

86 FR 57992 Final Rule: “New Animal Drugs; Approval of New Animal Drug Applications; Changes of Sponsorship” (Oct. 20, 2021).

Food and Nutrition Service

86 FR 57544 Rule: “CACFP Meal Pattern Revisions Related to the Healthy, Hunger-Free Kids Act of 2010; Technical Amendments” (Oct. 18, 2021).

86 FR 57634 Notice—Comment Period: “Agency Information Collection Activities: Proposed Collection; Supplemental Nutrition Assistance Program (SNAP) Mobile Payment Pilots (MPPs)” (Oct. 18, 2021).

Food Safety and Inspection Service

86 FR 58054 Notice: “National Advisory Committee on Microbiological Criteria for Foods [public meetings Nov. 17 and 19, 2021]” (Oct. 20, 2021).

Forest Service

86 FR 57637 Notice: “White River National Forest; Colorado; El Jebel Administrative Sites, Upper and Lower Parcels, Conveyance Project-Withdrawal of Notice of Intent To Prepare an Environmental Impact Statement” (Oct. 18, 2021).

Land Management Bureau

86 FR 58299 Notice—Comment Period: “Notice of Application for Withdrawal and Segregation of Federal Lands; Cook, Lake, and Saint Louis Counties, Minnesota” (Oct. 21, 2021).

86 FR 58301 Notice: “Notice of Segregation of Public Land for the Copper Rays Solar Project, Nye County, Nevada” (Oct. 21, 2021).

86 FR 58686 Notice—Comment Period: “Notice of Availability of Draft Environmental Impact Statement for the Proposed Husky 1 North Dry Ridge Phosphate Mine, Caribou County, Idaho” (Oct. 22, 2021).

Maritime Administration

86 FR 57890 Notice—Comment Period: “Request for Comments on the Approval of a Previously Approved Information Collection: Determination of Fair and Reasonable Rates for Carriage of Agriculture Cargoes on U.S. Commercial Vessels” (Oct. 19, 2021).

Small Business Administration

86 FR 58376 Notice: “Presidential Declaration Amendment of a Major Disaster for Public Assistance Only for the Commonwealth of Pennsylvania [Remnants of Hurricane Ida]” (Oct. 21, 2021).

Susquehanna River Basin Commission

86 FR 58377 Notice: “Grandfathering (GF) Registration Notice” (Oct. 21, 2021).

86 FR 58377 Notice—Comment Period: “Public Hearing [Nov. 4, 2021]” (Oct. 21, 2021).

86 FR 58378 Notice: “Projects Approved for Consumptive Uses of Water” (Oct. 21, 2021).

U.S. Customs and Border Protection

86 FR 58218 Rule: “Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Canada” (Oct. 21, 2021).

86 FR 58216 Rule: “Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Mexico” (Oct. 21, 2021).

U.S. HOUSE AGRICULTURE COMMITTEE:   

H.Res.332 “Recognizing the duty of the Federal Government to create a Green New Deal.” Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties (Oct. 19, 2021).

H.R.2336 “Health, Opportunity, and Personal Empowerment Act of 2021” or “HOPE Act of 2021.” Referred to the Subcommittee on Crime, Terrorism, and Homeland Security (Oct. 19, 2021).

H.R.2612 “Restoring Environments, Soils, Trees, and Operations to develop the Rural Economy Act of 2021” or the “RESTORE Act of 2021.” Referred to the Subcommittee on Courts, Intellectual Property, and the Internet

H.R.2644 “Green New Deals for Cities Act of 2021.” Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties (Oct. 19, 2021).

H.R.2649 “Homegrown Act of 2021.” Referred to the Subcommittee on Crime, Terrorism, and Homeland Security (Oct. 19, 2021).

H.R.2712 “Ensuring Safe Capital Access for All Small Businesses Act of 2021.” Referred to the Subcommittee on Crime, Terrorism, and Homeland Security (Oct. 19, 2021).

H.R.5631 “To reform and enhance the pay and benefits of Federal wildland firefighters, and for other purposes.” Referred to the Committees on Oversight and Reform, Resources, and Agriculture (Oct. 19, 2021).

H.Res.736 “Honoring the Tennessee Farm Bureau Federation on its 100th anniversary.” Referred to the House Committee on Agriculture (Oct. 21, 2021).

H.R.4252 “To provide additional funding for scholarships for students at 1890 institutions.” Ordered to be Reported by the Yeas and Nays: 45—3 (Oct. 21, 2021).

H.R.4489 “National Forest Restoration and Remediation Act.” Ordered to be Reported by Voice Vote (Oct. 21, 2021).

H.R.5282 “Care for our Firefighters Act.” Referred to the Subcommittee on Conservation and Forestry (Oct. 21, 2021).

H.R.5421 “Coffee Plant Health Initiative Amendments Act.” Referred to the Subcommittee on Biotechnology, Horticulture, and Research (Oct. 21, 2021).

H.R.5422 “Macadamia Tree Health Initiative Amendments Act.” Referred to the Subcommittee on Biotechnology, Horticulture, and Research (Oct. 21, 2021).

H.R.5506 “Rural Telehealth Access Task Force Act.” Referred to the Subcommittee on Commodity Exchanges, Energy, and Credit (Oct. 21, 2021).

H.R.5521 “Rural Capital Access Act.” Referred to the Subcommittee on Commodity Exchanges, Energy, and Credit (Oct. 21, 2021).

H.R.5589 “Pyrolysis Innovation Grants Act.” Ordered to be Reported (Amended) by Voice Vote (Oct. 21, 2021).

H.R.5608 “Chronic Wasting Disease Research and Management Act.” Ordered to be Reported by Voice Vote (Oct. 21, 2021).

H.R.5609 “Cattle Contract Library Act of 2021.” Ordered to be Reported by Voice Vote (Oct. 21, 2021).

H.R.5560 “Military Support for Fighting Wildfires Act.” Referred to the Subcommittee on Conservation and Forestry (Oct. 22, 2021).

H.R.5591 “Student Food Security Act of 2021.” Referred to the Subcommittee on Nutrition, Oversight, and Department Operations (Oct. 22, 2021).

H.R.5595 “College Student Hunger Act of 2021.” Referred to the Subcommittee on Nutrition, Oversight, and Department Operations (Oct. 22, 2021).

H.R.5680 “To repeal the sugar program under the Federal Agriculture Improvement and Reform Act of 1996 and certain other programs relating to sugar, and for other purposes.” Referred to the House Committee on Agriculture (Oct. 22, 2021).

H.R.5688 “To establish the People-Centered Assistance Reform Effort Commission, to improve the social safety net and increase social mobility by increasing access to resources which address the underlying causes of poverty.” Referred to the Committees on Ways and Means, Education and Labor, Agriculture, Energy and Commerce, Financial Services, Transportation and Infrastructure, Rules, the Judiciary, and Natural Resources (Oct. 22, 2021).

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

S.2997 “A bill to prohibit a COVID-19 vaccination requirement for eligibility in nutrition programs.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry (Oct. 19, 2021).

Connect with the Center on Facebook or on Twitter @AgShaleLaw

Top #AgLaw HotLinks Oct. 18–22, 2021 

USDA Forecasts Record High Corn, Soybean, and Tobacco Yields for Pa., Morning Ag Clips

Open Up about Barriers Rural Residents Face in Getting Help for Mental Health, AgWeek

FBI Reaches Out to Farmers to Prevent Agroterrorism, Brownfield

National Security Agencies Issue Cyber Threat Advisory for Food and Ag Sector, Brownfield

ICE to Stop Mass Raids at Workplaces, Feedstuffs

USDA Study Shows Working Conditions in Meatpacking Plants Likely Drove Coronavirus Outbreaks, The Counter

Perdue Farms Expands Pasture-Raised Chicken Program, Feedstuffs

Select Subcommittee Releases Staff Report Showing Trump Administration Wasted Taxpayer Dollars And Failed America’s Families In Pandemic Food Box Program, House of Representatives

Rural Covid Infections Decline for Third Straight Week, The Daily Yonder

Unhappy with Prices, Ranchers Look To Build Own Meat Plants, Morning Ag Clips

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