September 14, 2021
Agricultural Law Weekly Review – Week Ending September 10, 2021
Antitrust: White House Announces Intent to Address Effects on Consumers, Farmers and Ranchers of Meat Processing Industry Consolidation 🌾
On September 8, 2021, The White House published a policy outline on its official website titled “Addressing Concentration in the Meat-Processing Industry to Lower Food Prices for American Families” and conducted a Press Briefing with Agriculture Secretary Vilsack and National Economic Council Director Brian Deese in support. According to the document and Press Secretary Jen Psaki, the administration will address the following: (a) a “corporate consolidation problem with meat-processing giants;” (b) measures to reduce consumer prices and increase farmer and rancher earnings and “create a more competitive food supply chain;” (c) “stepping up antitrust enforcement;” and (d) legislation “to make cattle markets more transparent and fair.” See Weekly Featured Graphic below for selected content of the policy outline.
Biofuels: D.C. Circuit Court Denies Rehearing of E15 Year-Round Sale Vacatur
On September 9, 2021, the U.S. Court of Appeals for the District of Columbia Circuit issued an order denying a petition for rehearing en banc of a case that vacated the U.S. Environmental Protection Agency’s 2019 regulation allowing year-round sale of fifteen percent ethanol fuel blend (E15). For background, see ALWR—August 20, 2021, “Biofuel Groups File for Rehearing of E15 Year-Round Sale Vacatur.”
COVID-19: USDA Announces $700 Million for Farm and Food Worker COVID-19 Relief Grants
On September 7, 2021, the U.S. Department of Agriculture (USDA) announced $700 million for the Farmworker and Food Worker Relief Grant Program. The program will provide $5 to $50 million grants to state agencies, non-profit groups, and Tribal entities that serve farm, meatpacking, and/or grocery workers, who may then receive up to $600 each for coronavirus-related expenses, including costs for personal protective equipment, COVID-19 testing, and childcare. USDA is reserving $20 million for a front-line grocery worker pilot program. Organizations must demonstrate connections with hard-to-reach worker populations and describe their plan to work with smaller organizations to administer funding to farm and food workers. USDA will open the Request for Application through grants.gov in early fall and provide additional information at that time. Once available, the application will be open for 60 days.
COIVD-19: USDA Announces $650 Million in Pandemic Response and Safety Grants for Small Business Producers
On September 9, 2021, the U.S. Department of Agriculture (USDA) announced that the application period for $650 million in Pandemic Response and Safety (PRS) Grants will open September 23, 2021 and close November 8, 2021. PRS grants provide funds for farmers markets and specialty crop producers, food processors, manufacturers, and distributors qualifying as small businesses under U.S. Small Business Administration standards for coronavirus response expenditures. Eligible expenses include workplace modifications to protect against COVID-19, personal protective equipment, online platform development, and worker transportation, housing, and medical costs associated with COVID-19 prevention and treatment. USDA expects to issue 200,000 grants directly to small businesses, ranging from $1,500 to $20,000. Additionally, USDA announced $50 million for the Seafood Processors Pandemic Response and Safety (SPRS) Block Grant Program available to state agencies.
Disaster Assistance Programs: USDA Announces Funds to Reimburse Drought-Impacted Producers for Feed Transportation Expenses
On September 8, 2021, the U.S. Department of Agriculture (USDA) announced an expansion of the Emergency Assistance for Livestock, Honey Bees and Farm-raised Fish Program (ELAP) to include increased feed transportation costs for grazing livestock incurred on or after January 1, 2021, by producers in drought-afflicted areas and areas experiencing a shortage of grazing and hay resources. Under the expansion, eligible producers can receive 60% of costs in excess of their normal feed transportation costs and producers who qualify as underserved can receive 90% of their excess costs. USDA will use a base cost of $6.60 per mile, which may be adjusted by locality, and will exclude the first 25 miles and distances over 1,000 miles. Producers may also use ELAP funds for reimbursement of the costs of preventative hay treatment to ward off invasive insects. Producers can self-certify their expenses and losses and must apply by January 31, 2022.
Dairy Policy: Pennsylvania Milk Marketing Board Issues Bulletin Clarifying Enforcement of Minimum Prices in USDA Milk Purchases
On September 8, 2021, the Pennsylvania Milk Marketing Board (PMMB) issued Bulletin 1597, titled “Wholesale Sales to the United States Department of Agriculture, Minimum Price Enforcement Policy.” This bulletin was issued in response to a recent incident where a Pennsylvania sale to the United States Department of Agriculture (USDA) for The Emergency Food Assistance Program (TEFAP) was made by a Pennsylvania-licensed dealer at lower than PMMB-established minimum prices. For background, see ALWR—Aug. 27, 2021, “Pennsylvania Milk Marketing Board Enters Consent Order Against Upstate Niagara Cooperative for TEFAP Fluid Milk Sales Below Pennsylvania Minimum Wholesale Price.”
Local Food: Application Period Opens for Pennsylvania’s Urban Agricultural Infrastructure Grant Program
On September 11, 2021, the Pennsylvania Department of Agriculture posted in the Pennsylvania Bulletin a notice titled “Program Requirements for the Urban Agricultural Infrastructure Grant Program” (51 Pa.B. 5831). The program will provide $500,000 for the 2021-2022 fiscal year for “microgrants” up to $2,500 to support single entity applicants or one-time projects and “collaboration” grants up to $50,000 to support community development and cooperative resource-sharing efforts. Grants are capped at 50% of project costs. The application period opens September 13, 2021, and closes October 15, 2021.
CENTER FOR AGRICULTURAL AND SHALE LAW PROGRAMS & RESOURCES
Agricultural Law Podcast:
Weekly Episode #193. Federal Court Vacates 2020 WOTUS Rule & D.C. Appeals Court Rules Animal Rights Groups May Challenge Hormel’s “Natural Choice” Advertising (Sept. 7, 2021).
Weekly Episode #192. Tenth Circuit Holds Kansas Ag-Gag Law Unconstitutional & USDA Announces SARS-CoV-2 Animal Surveillance Framework (Sept. 2, 2021).
Events:
Overview of Federal and State Purchase of Agricultural Conservation Easement (PACE) Programs with the NALC, Sept. 15, 2021, 12:00 p.m.
Penn State News, Research, & Resources:
Past Fires May Hold Key to Reducing Severity of Future Wildfires in Western US (Sept. 9, 2021).
Study Explores Link Between Earthquakes, Rainfall and Food Insecurity in Nepal (Sept. 9, 2021).
Researchers Address Need for Bridges in Remote Alaska as Climate Warms (Sept. 10, 2021).
Agricultural Law/Policy Resources of Interest:
USDA AMS: Pandemic Market Volatility Assistance Program (Webinar PowerPoint) (Sept. 10, 2021).
Kristine A. Tidgren, Summit Carbon Seeks to Build Carbon Sequestration Pipeline Across Iowa (Sept. 7, 2021).
Tiffany Lashmet, Hunting Lease Resources (Sept. 6, 2021).
Brigit Rollins, Paraquat Receives Interim Registration Decision, Faces Legal Challenges (Sept. 7, 2021).
Jana Caracciolo, Back in the Lab: FSIS Requests Comments on Cell Cultured Meat Labeling (Sept. 9, 2021).
Paul Goeringer, USDA Announces CFAP 2 Funding for Contract Livestock and Poultry Growers (Sept. 8, 2021).
Nebraska FARMcast, The Impact of the Latest Court Ruling on the WOTUS Rule (Sept. 8, 2021).
DTN Progressive Farmer, Ag Secretary Vilsack Goes to the White House (Sept. 9, 2021).
DTN Progressive Farmer, Vilsack: Biofuels $700M Still on Way (Sept. 9, 2021).
Bay Journal: Conservation Opportunity; A new focus on lease farmland (Sept. 7, 2021).
On September 14, 2021, at 12:30 p.m., Pennsylvania’s Center for Dairy Excellence will host a Dairy Industry Conference Call providing updates on the USDA Pandemic Market Volatility Program and Dairy Margin Coverage. Representatives from the USDA Dairy Program and National Milk Producers Federation will be available to respond to pre-submitted questions. To attend, dial (978) 990-5000, enter access code 553371#. Text questions to 717-585-0766.
On September 21, 2021, Pennsylvania’s Center for Dairy Excellence will conduct their 2021 Dairy Financial and Risk Management Conference: “Turning the Page” in Harrisburg, Pennsylvania. Speakers/panelists will include Pennsylvania Agriculture Secretary Russell Reading, Dr. Marin Bozic, Jennifer Huson of Dairy Farmers of America, and Troye Cooper of Maryland & Virginia Milk Producers Cooperative Association, Inc.
Weekly Featured Graphic:
The White House, Addressing Concentration in the Meat-Processing Industry to Lower Food Prices for American Families (Sept. 8, 2021).
AGENCY PRESS RELEASES—STATE/FEDERAL
PENNSYLVANIA DEPARTMENT OF AGRICULTURE PRESS RELEASES:
Department Of Agriculture To Canvass Western PA Counties For Spotted Lanternfly Business Permitting Compliance (Sept. 10, 2021).
U.S. DEPARTMENT OF AGRICULTURE (USDA) PRESS RELEASES:
USDA Invests $700 million in Grants to Provide Relief to Farm and Food Workers Impacted by COVID-19 (Sept. 7, 2021).
USDA Expands Assistance to Cover Feed Transportation Costs for Drought-Impacted Ranchers (Sept. 8, 2021).
USDA Reminds Consumers to Handle Frozen Foods Safely This School Year (Sept. 9, 2021).
USDA Invests $464 Million in Renewable Energy Infrastructure to Help Rural Communities, Businesses and Ag Producers Build Back Better (Sept. 9, 2021).
USDA Joins Government-Wide Sustainable Aviation Fuels Grand Challenge (Sept. 9, 2021).
USDA AGENCY PRESS RELEASES:
Agricultural Marketing Service
Pre-Solicitation Announcement for Section 32 Purchase of Frozen Wild Shrimp Items (Sept. 7, 2021).
USDA Announces Moratorium on Mandatory Inspections Required by the Walnut Marketing Order (Sept. 7, 2021).
Animal and Plant Health Inspection Service
APHIS Seeks Comment on Draft Pest Risk Assessment for the Importation of Tomato from Spain (Canary Islands) (Sept. 7, 2021).
APHIS Updates Federal Domestic Soil Quarantines Map (Sept. 7, 2021).
APHIS Amends Entry Requirements for Importation of Fragaria spp., Rosa spp., and Rubus spp. Plants from Canada into the United States (Sept. 7, 2021).
APHIS Seeks Comment on Draft Pest Risk Assessment for the Importation of Melon from Uzbekistan (Sept. 8, 2021).
APHIS Seeks Comment on Draft Pest Risk Assessment for the Importation of Wheat for Consumption from Lithuania (Sept. 8, 2021).
APHIS Publishes Pest Risk Analysis for the Import of Fresh Mango Fruit from Grenada into the United States (Sept. 9, 2021).
Economic Research Service
Household Food Security in the United States in 2020 (September 2021).
Food and Nutrition Service
USDA Reminds Consumers to Handle Frozen Foods Safely This School Year (Sept. 9, 2021).
USDA Announces Approval of D-SNAP for Tennessee Disaster Areas (Sept. 9, 2021).
Food Safety and Inspection Service
Constituent Update—National Advisory Committee on Meat and Poultry Inspection to Hold Virtual Public Meeting (Sept. 10, 2021).
Foreign Agricultural Service
Private Exporters Report Sales Activity for China (Sept. 8, 2021).
Private Exporters Report Sales Activity for China (Sept. 9, 2021).
USDA Awards $800,000 to Tuskegee University and the University of Georgia for International Veterinary Fellowships (Sept. 9, 2021).
Private Exporters Report Sales Activity for China (Sept. 10, 2021).
National Agricultural Statistics Service
USDA Forecasts US Corn, Soybean, Cotton Production up From 2020 (Sept. 10, 2021).
September Crop Production—Agricultural Statistics Board Briefing (Sept. 10, 2021).
STATE ACTIONS—EXECUTIVE/LEGISLATIVE
PENNSYLVANIA EXECUTIVE AGENCIES (Pa. Bulletin Vol. 51, No. 37—Sept. 11, 2021):
Department of Agriculture
51 Pa.B. 5831 Notice: “Program Requirements for the Urban Agricultural Infrastructure Grant Program.”
Department of Environmental Protection
51 Pa.B. 5834 Notice: “Applications For NPDES and WQM Permits Under The Clean Streams Law And Federal Clean Water Act.”
51 Pa.B. 5962 Notice: “Environmental Assessment Approval for PENNVEST Funding Consideration [Clean Water and Drinking Water State Revolving Fund Projects for October 20, 2021].”
51 Pa.B. 5879 Notice: “State Water Plan Water Resources Committee Meetings Updated Schedule for 2021.”
51 Pa.B. 5880 Notice: “Water Resources Advisory Committee Virtual Meeting Rescheduled.”
Governor’s Office
51 Pa.B. 5820 “Proclamation of Disaster Emergency [Hurricane Ida].”
PENNSYLVANIA LEGISLATURE:
HB 1847 “An Act amending . . . the Milk Marketing Law, further providing for title of act; in purpose, short title and definitions, further providing for definitions; in organization of the board, further providing for appointment and terms of members and quorum; in licenses of milk dealers, further providing for grounds for refusal, suspension or revocation; in moneys and expenses of board, further providing for expenses and for payment; and, in saving provisions, repealing provisions relating to Joint Study Committee.” Referred to AGRICULTURE AND RURAL AFFAIRS [House] (Sept. 9, 2021)
FEDERAL ACTIONS—EXECUTIVE/LEGISLATIVE
FEDERAL EXECUTIVE AGENCIES (Federal Register Sept. 7–10, 2021):
Agriculture Department
86 FR 50012 Notice: “Submission for OMB Review; Comment Request [National Agricultural Statistics Service (NASS): Beef Management, Marketing, And Biosecurity Surveys In Illinois & Oklahoma—2021]” (Sept. 7, 2021).
Agricultural Marketing Service
86 FR 49930 Proposed Rule—Comment Period: “Termination of the Marketing Order for Irish Potatoes Grown in Washington State” (Sept. 7, 2021).
Animal and Plant Health Inspection Service
86 FR 50524 Notice—Comment Period: “Notification of Availability of a Pest Risk Analysis for the Importation of Fresh Mango (Mangifera indica L.) Fruit From Grenada Into the United States” (Sept. 9, 2021).
Economic Research Service
86 FR 50694 Notice—Comment Period: “Notice of Intent To Request Renewal of a Currently Approved Information Collection [Current Population Survey Food Security Supplement].” (Sept. 10, 2021).
Environmental Protection Agency
86 FR 50117 Notice—Comment Period: “Information Collection Request Submitted to OMB for Review and Approval; Comment Request; Clean Watersheds Needs Survey (CWNS) (Reinstatement)” (Sept. 7, 2021).
86 FR 50114 Notice—Comment Period: “Agency Information Collection Activities; Proposed Renewal of an Existing Collection and Request for Comment; Labeling Requirements for Certain Minimum Risk Pesticides Under FIFRA Section 25(b)” (Sept. 7, 2021).
86 FR 50116 Notice: “Product Cancellation Order for Certain Pesticide Registrations [Cycocel Plant Growth Regulant, Flight Control, AV-1011 Rice Seed Treatment]” (Sept. 7, 2021).
Fish and Wildlife Service
86 FR 49985 Proposed Rule, petition finding: “Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition To Revise Critical Habitat for the Jaguar” (Sept. 7, 2021).
86 FR 49945 Proposed Rule—Comment Period: “Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Miami Tiger Beetle (Cicindelidia Floridana)” (Sept. 7, 2021).
86 FR 49989 Proposed Rule—Comment Period: “Endangered and Threatened Wildlife and Plants; Threatened Species Status With Section 4(d) Rule for Pyramid Pigtoe” (Sept. 7, 2021).
86 FR 50264 Final Rule: “Endangered and Threatened Wildlife and Plants; Endangered Species Status for Slenderclaw Crayfish and Designation of Critical Habitat” (Sept. 8, 2021).
86 FR 50734 Notice—Comment Period: “Endangered Species Act, Marine Mammal Protection Act, and Wild Bird Protection Act; Receipt of Permit Applications” (Sept. 10, 2021).
Food Safety and Inspection Service
86 FR 50013 Notice: “Mandatory Inspection of Egg Substitutes and Freeze-Dried Egg Products Imported Into the United States” (Sept. 7, 2021).
Forest Service
86 FR 50695 Notice—Comment Period: “Notice of Intent To Issue Forest Order Closing Areas Along the Wildland Urban Interface on the Eastern Side of the Huachuca Mountains to Recreational Shooting” (Sept. 10, 2021).
Geological Survey
86 FR 50736 Notice—Comment Period: “Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Michindoh Glacial Aquifer Groundwater Study” (Sept. 10, 2021).
Internal Revenue Service
86 FR 50637 Rule, temporary regulation: “Recapture of Excess Employment Tax Credits Under the American Relief Plan Act of 2021” (Sept. 10, 2021).
Land Management Bureau
86 FR 50160 Notice—Comment Period: “Agency Information Collection Activities; Color-of-Title Application” (Sept. 7, 2021).
86 FR 50159 Notice—Comment Period: “Agency Information Collection Activities; Desert Land Entry Application” (Sept. 7, 2021).
86 FR 50738 Notice: “Notice of Competitive Offer for Solar Energy Development on Public Lands in Beaver County, Utah” (Sept. 10, 2021).
Rural Business-Cooperative Service
86 FR 50015 Notice: “Notice of Solicitation of Applications for Inviting Applications for the Rural Economic Development Loan and Grant Programs for Fiscal Year 2022” (Sept. 7, 2021).
Rural Utilities Service
86 FR 50604 Rule, comments accepted: “Implementation of Telecommunications Provisions of the Agricultural Improvement Act of 2018” (Sept. 10, 2021).
Small Business Administration
86 FR 50202 Notice: “Administrative Declaration of a Disaster for the State of Pennsylvania” (Sept. 7, 2021).
86 FR 50214 Interim Final Rule, comments accepted: “Disaster Loan Program Changes” (Sept. 8, 2021).
Tennessee Valley Authority
86 FR 50625 Final Rule: “Floating Cabins” (Sept. 10, 2021).
U.S. HOUSE AGRICULTURE COMMITTEE:
H.R.5220 “To amend the Food and Nutrition Act of 2008 to transition the Commonwealth of Puerto Rico to the supplemental nutrition assistance program, and for other purposes.” Referred to the House Committee on Agriculture (Sept. 10, 2021).
H.R.5227 “To amend the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 to provide certain benefits to noncitizens, and for other purposes.” Referred to the Committees on Ways and Means, Agriculture, Education and Labor, Energy and Commerce, the Judiciary, and Financial Services (Sept. 10, 2021).
U.S. SENATE COMMITTEE AGRICULTURE, NUTRITION, AND FORESTRY:
No new actions Sept. 7–10, 2021.
U.S. CONGRESSIONAL LEGISLATIVE HEARINGS:
Senate Agriculture Committee:
Milk Pricing: Areas for Improvement and Reform, Sept. 15, 2021, 9:30 am.
Connect with the Center on Facebook or on Twitter @AgShaleLaw
Top #AgLaw HotLinks Sept. 7–10, 2021
Pork Producers Stung by Court Ruling Against Line Speed Increase at Processing Plants, AgWeek
USDA Revises 2019 and 2020 Farm Income Estimates, Brownfield
Highest Farm Income in Eight Years, But One-Third Comes from Government, FERN’s Ag Insider
Dairy Cooperative Hopes For Ag Labor Reform When Congress Returns, Brownfield
Black US Farmers Awaiting Billions in Promised Debt Relief, Associated Press
Food, Farms and Cyber Security: Agriculture Faces a Growing Problem, Techopedia
Ag Leaders Urge Covid-19 Vaccinations in Rural America, FERN’s Ag Insider
Ida Aftermath Stymies Grain Exports as Trade Routes Altered, China Eyes Brazil Soy, Farm Policy News
FBI Warns Ag Sector of Cyber-Criminal Attacks, Feedstuffs
The Buy Local Boom of the Pandemic Bottoms Out in 2021, Farm and Dairy
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
