October 14, 2021
Agricultural Law Weekly Review – Week Ending October 8, 2021
Biofuels: Biofuel Advocacy Group Files Supreme Court Petition for Review of E15 Vacatur 🌾
On October 7, 2021, biofuel advocacy group Growth Energy filed a petition for writ of certiorari in the U.S. Supreme Court, asking the court to review the U.S. Court of Appeals for the District of Columbia Circuit’s July 2021 vacatur of the U.S. Environmental Protection Agency’s (EPA) rule allowing year-round sales of fifteen percent ethanol fuel blend (E15). Growth Energy v. American Fuel & Petrochemical Manufacturers, et al., No. 21-519. Growth Energy previously filed for a rehearing of the case, which was denied by the D.C. Circuit court. The group argues that the appellate court erred in finding that Congress intended its statutory high-volatility fuel waiver to only apply to 10% ethanol fuel blends—not E15—because it incorrectly interpreted the phrase “containing . . . 10 percent . . . ethanol” to mean “containing exactly 10% ethanol.” The group contends that interpretation negates Congress’s legislative intent to promote increased ethanol use. A response is due from American Fuel & Petrochemical Manufacturers by November 8, 2021. For background, see ALWR—July 2, 2021, “D.C. Circuit Court Vacates EPA Rule Allowing Year-Round Sale of E15” and ALWR—Aug. 20, 2021, “Biofuel Groups File for Rehearing of E15 Year-Round Sale Vacatur.”
Checkoff Programs: Federal Court Rules R-CALF Sufficiently Pled Standing in Beef Checkoff Challenge
On September 29, 2021, the U.S. District Court for the District of Columbia issued an opinion and order denying the U.S. Department of Agriculture’s (USDA) motion to dismiss a complaint filed by the Ranchers-Cattlemen Action Legal Fund (R-CALF). Ranchers Cattlemen Action Legal Fund United Stockgrowers of America v. USDA, No. 1:20-cv-02552. R-CALF’s complaint alleged that USDA violated the Administrative Procedure Act (APA) by entering into Memoranda of Understanding (MOUs) with Qualified State Beef Councils, which R-CALF claims “substantively amended the Beef Checkoff Program,” rather than employing notice-and-comment rulemaking. USDA moved to dismiss the suit for lack of jurisdiction, arguing that R-CALF did not have standing to dispute the MOUs. The court disagreed but stated that R-CALF must ultimately show “specific members who have been harmed by the MOUs R-CALF challenges” and ordered further briefing on the issue. For background, see ALWR—September 25, 2020, “Serial Legal Challenges to Federal Beef Checkoff Program Continue” and ALWR—July 30, 2021, “Federal Appeals Court Upholds Dismissal of R-CALF Beef Checkoff Challenge.”
Food Safety: Federal Court Upholds ‘Generally Recognized as Safe’ Rule
On September 30, 2021, the U.S. District Court for the Southern District of New York issued an opinion granting summary judgment in favor of the Food and Drug Administration (FDA) against a complaint filed by several consumer advocacy groups. Center for Food Safety v. Price, No. 1:17-cv-03833. The plaintiffs alleged that the FDA’s 2016 final rule, “Substances Generally Recognized as Safe” (GRAS) (81 FR 54959), “unlawfully subdelegates FDA’s duty to ensure food safety” by allowing manufacturers to notify FDA that a certain substance is GRAS. The court disagreed with the plaintiffs and granted summary judgment in favor of FDA, stating that “[i]f the FDA has delegated anything at all to manufacturers, it is simply the ability to notify FDA of a GRAS determination with which FDA can agree or disagree.” The court further noted that because “FDA retains the power to . . . bring enforcement actions,” the agency had not unlawfully delegated its authority. According to an October 1, 2021 press release from the Center for Food Safety, the organization is “considering all legal options, including appeal.”
Food Labeling: Federal Court Denies Dismissal of ‘Product of the U.S.’ Beef Mislabeling Claims
On September 30, 2021, the U.S. District Court for the District of New Mexico issued an order denying a motion to dismiss filed by The Kroger Company (Kroger) and Albertsons in a class action suit, initially filed in state court, alleging the companies deceptively mislabeled beef from imported cattle as “Product of the U.S.” Thornton v. The Kroger Company, No. 1:20-cv-01040. The court found that the class action plaintiffs’ state law claims were adequate and not precluded by federal law, the Dormant Commerce Clause, or collateral estoppel, and that the plaintiffs had sufficiently stated a plausible claim for relief. However, the court ordered the plaintiffs to amend their complaint to “include[] clear, high resolution pictures” showing which stores “circulated each advertisement, where, and when, and whether . . . class members purchased that meat, and on what date.”
Water Quality: Environmental Group Appeals EPA NPDES General Permit for Point Source Pesticide Application Discharge
On October 4, 2021, the Center for Biological Diversity (Biological Diversity) filed a petition for review in the U.S. Court of Appeals for the Ninth Circuit appealing the Environmental Protection Agency’s (EPA) September 16, 2021 issuance of a National Pollutant Discharge Elimination System (NPDES) permit titled “General Permit for Point Source Discharges from the Application of Pesticides” (Pesticide Permit) published at 86 FR 51665; Docket # EPA-HQ-OW-2020-0005. Biological Diversity claims that EPA’s issuance of the permit violated the Clean Water Act and the Endangered Species Act. By scheduling order, Biological Diversity’s brief is due December 23, 2021, and EPA’s response brief is due January 24, 2021.
Pesticides/Herbicides: California State Court Glyphosate Exposure Trials Proceeding
On October 5, 2021, a California state court jury empaneled in Los Angeles County returned a verdict of “no causation” in the trial of a glyphosate exposure case alleging a ten-year old child’s non-Hodgkin’s lymphoma diagnosis was caused by exposure to Roundup used at the family’s home. Clark v. Monsanto Co., 20STCV46616, California Superior Court, Los Angeles County. No verdict slip is presently available. This is the first known defense verdict in a glyphosate exposure case. Another California state court jury empaneled in San Bernardino County is presently hearing a glyphosate exposure trial but no verdict has yet been returned. Stephens v. Monsanto Co., CIVSB2104801, California Superior Court, San Bernardino County. (Note: links above are to pleadings in the cases.)
Conservation Programs: USDA Requests Comment on Climate-Smart Agriculture and Forestry Partnership Program
On September 30, 2021, the U.S. Department of Agriculture’s (USDA) Commodity Credit Corporation (CCC) published notice in the Federal Register requesting public comment on a “Climate-Smart Agriculture and Forestry [CSAF] Partnership Program” (86 FR 54149). After receiving comment on a CSAF strategy (86 FR 14403) in March 2021, USDA published a 90-day Progress Report detailing the feedback it received and the agency’s next-step recommendations to implement a CSAF strategy. USDA now requests comment on the program to “encourage adoption of CSAF practices and promote markets for climate-smart commodities,” and asks stakeholders to consider what types of activities should be funded by such a program, what the scope of the program should be, and how a federal CSAF program might affect existing state programs and private sector markets. The comment period closes at 11:59 p.m. (EDT) November 1, 2021.
Crop Insurance: USDA Announces New ‘Micro Farm’ Whole-Farm Revenue Protection for Small, Local Producers, Includes Value-Added Sales Revenues
On October 6, 2021, the U.S. Department of Agriculture’s (USDA) Risk Management Agency (RMA) announced a forthcoming Whole-Farm Revenue Protection option for small-farm producers who sell locally. Derived from USDA’s research on small-farm producers, which found that 85% of locally-selling producers earned less than $75,000 in gross revenues, RMA’s new “Micro Farm” policy will be available to producers with operations averaging revenues of $100,000 or $125,000 or less for carryover insureds from other RMA programs. The new policy will not require producers to report expenses or individual commodities and will allow revenues from post-production, including revenues from washing and packaging commodities and sales of value-added products. The Micro Farm policy will be available to qualifying producers for the 2022 crop year.
Conservation Programs: USDA Announces 2021 Climate Adaptation and Resilience Plan
On October 7, 2021, the Biden Administration announced the publication of twenty-three federal agency Climate Adaptation and Resilience Plans, prepared in response to President Biden’s January 2021 “Executive Order on Tackling the Climate Crisis at Home and Abroad” (86 FR 7619; E.O. 14008 of Jan 27, 2021). In the U.S. Department of Agriculture’s (USDA) 2021 Federal Climate Adaptation Plan, also announced by USDA, the agency identifies numerous threats to agricultural productivity, water quality, lands, and infrastructure presented by the current climate crisis and outlines adaptation actions to address climate change. Additionally, USDA includes its plans to raise climate literacy in agency personnel, develop climate-ready sites and facilities, and ensure a climate-ready supply of products and services. USDA states that it will create guidance to assist agencies and offices develop climate adaptation plans in accordance with USDA’s plan and will develop metrics for agency and office use to measure their progress, such as USDA’s existing Forest Service Climate Scorecard.
CENTER FOR AGRICULTURAL AND SHALE LAW PROGRAMS & RESOURCES
Agricultural Law Podcast:
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:
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).
Agricultural Law/Policy Resources of Interest:
Soil Science Society of America, What is “Soil Carbon”? (Oct. 1, 2021).
Brigit Rollins, Biden Administration Begins Review of Environmental Regulations (Oct. 7, 2021).
Jana Caracciolo, Focus on Food: Understanding Labeling and the First Amendment (Oct. 5, 2021).
Dairy Business/John Geuss, Long Term Trends in Milk Pricing (Oct. 1, 2021).
Dairy Business/Bob Gray, The Agriculture Labor Dilemma in The Dairy Industry (Oct. 1, 2021).
Tiffany Lashmet, Texas Farm Animal Liability Act FAQ (Oct. 4, 2021).
Peggy Kirk Hall, New Bulletin Explains Ohio’s Sales Tax Exemptions for Agriculture (Oct. 5, 2021).
DTN Progressive Farmer, Ag, China Trade and Biden’s Agenda (Oct. 4, 2021).
DTN Ag Policy Blog/Chris Clayton, Senator Seeks Ag Role on CFIUS to Tackle Foreign Ownership of Agriculture (Oct. 5, 2021).
DTN Ag Policy Blog/Chris Clayton, USDA Offers New Micro Farm Insurance Policy for Local Growers (Oct. 7, 2021).
DTN/Progressive Farmer, Cybersecurity and Ag Series: Part 6 – Team Reported Precision Ag Threat in 2018 (Oct 4, 2021); Part 7 – Commodity Market Safety a High Priority (Oct. 6, 2021); Part 8- Six Ways to Stop Hackers From Stealing Your Data (Oct. 8, 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).
- DTN/Ag Policy Blog/Chris Clayton, Congress Looking Again at Cattle Markets, Comprehensively (Oct. 6, 2021).
- DTN/Progressive Farmer, Increase Processing to Offset Packers (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 General Assembly’s Center for Rural Pennsylvania, Solar Development in Rural Pennsylvania: video and written testimony (recorded Oct. 1, 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).
Weekly Featured Graphics:
Politico, America’s Meat Supply is Cheap and Efficient. Covid-19 Showed Why That’s a Problem. (Sept. 23, 2021).
Penn State News, Research, & Resources:
Plant Pathologists at Penn State Head Investigation into Tar Spot Disease in Pa. (Oct. 1, 2021).
Coral Microbiome Is Key to Surviving Climate Change, New Study Finds (Sept. 30, 2021).
AGENCY PRESS RELEASES—STATE/FEDERAL
PENNSYLVANIA DEPARTMENT OF AGRICULTURE PRESS RELEASES:
Wolf Administration, Harrisburg Mayor Highlight Convenient Vaccination Opportunity At Farm Show Complex (Oct. 6, 2021).
Agriculture Secretary Invites Pennsylvanians To Make Memories On The Farm This Fall (Oct. 6, 2021).
U.S. DEPARTMENT OF AGRICULTURE (USDA) PRESS RELEASES:
USDA Announces More Than $146M Investment in Sustainable Agricultural Research (Oct. 6, 2021).
USDA Announces Plan to Integrate Climate Adaptation Into its Missions and Programs (Oct. 7, 2021).
USDA Commitments to Equity in Agriculture Include Nearly $25 Million for Programs Reaching Underserved Communities (Oct. 7, 2021).
USDA AGENCY PRESS RELEASES:
Agricultural Marketing Service
Organic Human Capital Capacity Building Projects Announced (Oct. 7, 2021).
Pre-Solicitation Announcement for the (FDPIR) Purchase of Blueberry Products (Oct. 4, 2021).
USDA Announces Fruit and Vegetable Industry Advisory Committee Virtual Meeting (Oct. 4, 2021).
USDA Agricultural Marketing Service Offers WBSCM Refresher Training to Current Vendors (Oct. 4, 2021).
Agricultural Research Service
Breeding Honey Bees for Adaptation to Regionalized Plants and Artificial Diets (Oct. 4, 2021).
Animal and Plant Health Inspection Service
Confirmation of COVID-19 in a Binturong and a Fishing Cat at an Illinois Zoo (Oct. 6, 2021).
Economic Research Service
Impact of USDA’s Supplemental Nutrition Assistance Program (SNAP) on Rural and Urban Economies in the Aftermath of the Great Recession (Oct. 5, 2021).
Farm Service Agency
Higher Loan Limit Now Available for USDA Guaranteed Farm Loans (Oct. 4, 2021).
USDA Announces Recipients of Urban Agriculture Grants and Cooperative Agreements (Oct. 5, 2021).
USDA Invests $4.7 Million to Provide Outreach and Technical Assistance to Historically Underserved Farmers and Ranchers (Oct. 7, 2021).
Food and Nutrition Service
FNS Invests Nearly $53 Million in SNAP Administration, Program Integrity (Oct. 6, 2021).
USDA Takes Action Against Philadelphia SNAP Retailers for Rules Violations (Oct. 6, 2021).
Food Safety and Inspection Service
Reflecting on 25 Years of PR/HACCP—the Policy and Laboratories (Oct. 6, 2021).
Constituent Update—USDA Announces Additional Funding to Expand Meat and Poultry Processing Capacity (Oct. 8, 2021).
Foreign Agricultural Service
Private Exporters Report Sales Activity for Mexico (Oct. 4, 2021).
AIM for Climate Gains Additional International Support (Oct. 5, 2021).
USDA Program Brings Ag Educators to Ghanaian Classrooms (Oct. 5, 2021).
FY 2022 Funds Available for Export Credit Guarantee Program (GSM-102) (Oct. 6, 2021).
Private Exporters Report Sales Activity for Mexico (Oct. 7, 2021).
USDA Awards $248 Million for International School Feeding Projects (Oct. 7, 2021).
National Institute of Food and Agriculture
NIFA Invests $19.4 M in Small Business Advanced Innovation Research (Oct. 7, 2021).
NIFA Invests in $5.5 M in Higher Education (Oct. 7, 2021).
NIFA Partners with NIH, Funds Two Multidisciplinary Dietary Biomarker Development Centers (Oct. 7, 2021).
Risk Management Agency
USDA Introduces New Insurance Policy for Farmers Who Sell Locally (Oct. 6, 2021).
STATE ACTIONS—EXECUTIVE/LEGISLATIVE
PENNSYLVANIA EXECUTIVE AGENCIES (Pa. Bulletin Vol. 51, No. 41—Oct. 9, 2021):
Department of Agriculture
51 Pa.B. 6419 Notice: “Fiscal Year 2021-2022 Annual Plan for Awarding Grants under the Pennsylvania Agricultural Fair Act.”
51 Pa.B. 6399 Proposed Rulemaking: “State Food Purchase Program Regulations.”
Department of Environmental Protection
51 Pa.B. 6481 Notice: “Agricultural Advisory Board Meeting Cancellation.”
51 Pa.B. 6421 Notice: “Applications For NPDES and WQM Permits Under The Clean Streams Law And Federal Clean Water Act.”
51 Pa.B. 6482 Notice: “Mosquitoborne Disease Control County Grants; Notice of Availability.”
Environmental Quality Board
51 Pa.B. 6399 Proposed Rulemaking: “Acceptance of Rulemaking Petition for Study.”
PENNSYLVANIA LEGISLATURE:
Signed into Law
HB 523 “An Act amending . . . the General Road Law, further providing for repair of private roads and providing for definitions.” Act No. 75 (Oct. 7, 2021).
Legislation in Second Chamber
SB 725 “An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, in licensing of drivers, further providing for classes of licenses; and in commercial drivers, further providing for requirement for commercial driver’s license [Clarification of Legislative Intent – Exemption for Farmers from CDL Requirements].” Laid on the table [House] (Oct. 4, 2021).
House Legislation
HB 1842 “An Act amending . . . The Clean Streams Law, in other pollutions and potential pollution, providing for notice of discharge endangering public health or environment.” Laid on the table [House] (Oct. 4, 2021).
HB 603 “An Act amending . . . the Tax Reform Code of 1971, in personal income tax, further providing for special tax provisions for poverty; and, in corporate net income tax, further providing for imposition of tax [Low Income Tax Relief and Business Attraction Legislation].” Referred to FINANCE [House] (Oct. 4, 2021).
HB 1947 “An Act amending Title 53 (Municipalities Generally) of the Pennsylvania Consolidated Statutes, in preemptions, providing for restrictions on utility services prohibited.” Referred to LOCAL GOVERNMENT [House] (Oct. 4, 2021).
HB 598 “An Act amending the act . . . entitled “An act encouraging landowners to make land and water areas available to the public for recreational purposes by limiting liability in connection therewith, and repealing certain acts,” further providing for definitions; and providing for recreational user’s claim for property rights and for the substitution of the Department of Conservation and Natural Resources for a party in litigation.” Removed from table [House] (Oct. 6, 2021).
HB 1960 “An Act . . . the Tax Reform Code of 1971, in corporate net income tax, further providing for definitions [Increasing the Corporate Net Loss Deduction Limitation].” Referred to FINANCE [House] (Oct. 6, 2021).
HB 1965 “An Act amending Title 3 (Agriculture) of the Pennsylvania Consolidated Statutes, in food protection, further providing for penalties and prohibiting certain food packaging.” Referred to AGRICULTURE AND RURAL AFFAIRS [House] (Oct. 8, 2021).
FEDERAL ACTIONS—EXECUTIVE/LEGISLATIVE
FEDERAL EXECUTIVE AGENCIES (Federal Register Oct. 4–8, 2021):
Agriculture Department
86 FR 54673 Notice: “Submission for OMB Review; Comment Request [Food Safety and Inspection Service: Overtime and Holiday Inspection Fees for Small and Very Small Establishments]” (Oct. 4, 2021).
86 FR 55799 Notice: “Submission for OMB Review; Comment Request [Food Safety and Inspection Service: Foodborne Illness Outbreak Surveys for the FSIS Public Health Partners]” (Oct. 7, 2021).
Agricultural Marketing Service
86 FR 54673 Notice—Comment Period: “Meeting of the Fruit and Vegetable Industry Advisory Committee” (Oct. 4, 2021).
Animal and Plant Health Inspection Service
86 FR 55567 Notice—Comment Period: “Notice of Request for Revision to and Extension of Approval of an Information Collection; Citrus Canker, Citrus Greening, and Asian Citrus Psyllid; Quarantine and Interstate Movement Regulations” (Oct. 6, 2021).
Environmental Protection Agency
86 FR 55757 Proposed Rule—Comment Period: “National Environmental Policy Act Implementing Regulations Revisions” (Oct. 7, 2021).
86 FR 56265 Notice: “Pesticide Program Dialogue Committee; Notice of Public Meeting [Wednesday, October 27, 2021, 11:00 a.m.–5:00 p.m., and Thursday, October 28, 2021, 11:00 a.m.–5:00 p.m. (EDT).” (Oct. 8, 2021).
Farm Credit Administration
86 FR 54693 Notice: “Sunshine Act Meetings [October 14, 2021, from 9:00 a.m.]” (Oct. 4, 2021).
Fish and Wildlife Service
86 FR 54642 Final Rule: “Regulations Governing Take of Migratory Birds; Revocation of Provisions” (Oct. 4, 2021).
86 FR 54667 Proposed Rule, comment accepted: “Migratory Bird Permits; Authorizing the Incidental Take of Migratory Birds” (Oct. 4, 2021).
86 FR 54996 Notice—Comment Period: “Endangered and Threatened Wildlife and Plants; Initiation of a 5-Year Status Review of the Polar Bear (Ursus maritimus)” (Oct. 5, 2021).
86 FR 55775 Proposed Rule—Comment Period: “Endangered and Threatened Wildlife and Plants; Endangered Species Status for Tiehm’s Buckwheat” (Oct. 7, 2021).
Food and Drug Administration
86 FR 55617 Notice: “Adaptive and Other Innovative Designs for Effectiveness Studies of New Animal Drugs; Guidance for Industry; Availability” (Oct. 6, 2021).
86 FR 55619 Notice: “Biomarkers and Surrogate Endpoints in Clinical Studies To Support Effectiveness of New Animal Drugs; Guidance for Industry; Availability” (Oct. 6, 2021).
86 FR 55616 Notice: “Use of Data From Foreign Investigational Studies To Support Effectiveness of New Animal Drugs; Guidance for Industry; Availability” (Oct. 6, 2021).
86 FR 55623 Notice: “Use of Real-World Data and Real-World Evidence To Support Effectiveness of New Animal Drugs; Guidance for Industry; Availability” (Oct. 6, 2021).
86 FR 56277 Notice—Comment Period: “Reporting Associated With Food Additive Petitions, Investigational Food Additive Files Exemptions, and Declaration of Color Additives on Animal Food Labels” (Oct. 8, 2021).
Food and Nutrition Service
86 FR 56240 Notice—Comment Period: “Agency Information Collection Activities: Proposed Collection; Comment Request-Food Program and Reporting System (FPRS)” (Oct. 8, 2021).
Food Safety and Inspection Service
86 FR 55799 Notice: “Eligibility of the Republic of Poland To Export Poultry and Poultry Products to the United States” (Oct. 7, 2021).
International Revenue Service
86 FR 54790 Notice—Comment Period: “Proposed Extension of Information Collection Request Submitted for Public Comment; Comment Request on Burden Related to U.S. Income Tax Return Forms for Individual Taxpayers” (Oct. 4, 2021).
International Trade Administration
86 FR 56250 Notice—Comment Period: “Subsidy Programs Provided by Countries Exporting Softwood Lumber and Softwood Lumber Products to the United States; Request for Comment” (Oct. 8, 2021).
Rural Business-Cooperative Service
86 FR 54587 Final Rule: “Rural Microentrepreneur Assistance Program” (Oct. 4, 2021).
Rural Utilities Service
86 FR 54918 Notice: “Badger State Solar, LLC: Notice of Intent To Prepare an Environmental Impact Statement and Hold a Virtual Public Scoping Meeting on October 26, 2021” (Oct. 5, 2021).
Small Business Administration
86 FR 54780 Notice: “Administrative Declaration of a Disaster for the State of West Virginia [Flooding]” (Oct. 4, 2021).
86 FR 54781 Notice: “Interest Rates [1.63 percent for the October-December quarter of FY 2022]” (Oct. 4, 2021).
86 FR 54781 Notice: “Presidential Declaration Amendment of a Major Disaster for Public Assistance Only for the State of North Dakota [Severe Storm, Straight-Line Winds, and Flooding]” (Oct. 4, 2021).
86 FR 55102 Notice: “Presidential Declaration of a Major Disaster for Public Assistance Only for the State of Vermont [Severe Storm and Flooding]” (Oct. 5, 2021).
Trade Representative, Office of United States
86 FR 55681 Notice: “Determinations and Ongoing Monitoring: Investigation Concerning Vietnam’s Acts, Policies and Practices Related to Illegal Timber” (Oct. 6, 2021).
U.S. HOUSE AGRICULTURE COMMITTEE:
H.R.5163 “Care for Her Act” Referred to the Subcommittee on Nutrition, Oversight, and Department Operations (Oct. 5, 2021).
H.R.5173 “Urban Agriculture and Community Food Security Act” Referred to the Subcommittee on Conservation and Forestry (Oct. 5, 2021).
H.R.5220 “Puerto Rico Nutrition Assistance Fairness Act of 2021” Referred to the Subcommittee on Nutrition, Oversight, and Department Operations (Oct. 5, 2021).
H.R.5227 “Lifting Immigrant Families Through Benefits Access Restoration Act of 2021” or the “LIFT the BAR Act of 2021” Referred to the Subcommittee on Nutrition, Oversight, and Department Operations (Oct. 5, 2021).
H.R.5244 “Animal Freedom from Testing, Experiments, and Research Act of 2021” or the “AFTER Act of 2021” Referred to the Subcommittee on Livestock and Foreign Agriculture (Oct. 5, 2021).
H.R.5246 “Expanding Markets for State-Inspected Meat Processors Act of 2021” Referred to the Subcommittee on Livestock and Foreign Agriculture (Oct. 5, 2021).
H.R.5283 “Housing for our Firefighters Act” Referred to the Subcommittee on Conservation and Forestry (Oct. 5, 2021).
H.R.5290 “To extend authorization for livestock mandatory reporting.” Referred to the Subcommittee on Livestock and Foreign Agriculture (Oct. 5, 2021).
H.R.5490 “Foreign Adversary Risk Management Act” or the “FARM Act” Referred to the Committees on Financial Services and Agriculture (Oct. 5, 2021).
H.R.5309 “Fresh Produce Procurement Reform Act of 2021” Referred to the Subcommittee on Nutrition, Oversight, and Department Operations (Oct. 6, 2021).
H.R.5341 “Save Our Forests Act of 2021” Referred to the Subcommittee on Conservation and Forestry (Oct. 6, 2021).
H.R.5346 “Equal Access to the Right Nutrition for Military Families (EARN) Act of 2021” Referred to the Subcommittee on Nutrition, Oversight, and Department Operations (Oct. 6, 2021).
H.R.5399 “National Security and Federal Lands Protection Act” Referred to the Subcommittee on Conservation and Forestry (Oct. 6, 2021).
H.R.5406 “Biological Intelligence Organization and Attribution Act” Referred to the Subcommittee on Biotechnology, Horticulture, and Research (Oct. 6, 2021).
U.S. SENATE COMMITTEE AGRICULTURE, NUTRITION, AND FORESTRY:
S.2930 “Improving Mental Health and Wellness in Schools Act” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry (Oct. 5, 20210.
Connect with the Center on Facebook or on Twitter @AgShaleLaw
Top #AgLaw HotLinks Oct. 4–8, 2021
Biden Administration Considers Biofuel Blending Cuts, According to Reports, Farm Policy News
Global Corn Production Higher, but Farmers Face Ida-Related Input Supply Disruptions- Increased Fertilizer Costs, Farm Policy News
Plant-Based Pork Out Performs Pork from Pigs in Consumer Taste Test, Brownfield
Soy Oil Demand Driven by CA Low Carbon Fuel Standard, Brownfield
Germany Retooling Pork Industry as ASF Spreads, Brownfield
Ida Agriculture Damage at Least $584m in Louisiana, Morning Ag Clips
Hackers Target Another U.S. Grain Co-op, Farms.com
Wayne Farms Selling Newly Upgraded Laurel Operation, Meat+Poultry
Agriculture Produces Just 1% Of Carbon Credits, Data Suggests, AgFunder Network
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
