Agricultural Law Weekly Review – Week Ending September 3, 2021

WOTUS: Arizona Federal Court Vacates 2020 Navigable Waters Protection Rule
On August 30, 2021, the U.S. District Court for the District of Arizona issued an order vacating and remanding the U.S. Environmental Protection Agency’s (EPA) 2020 Navigable Waters Protection Rule (NWPR) (85 FR 22250) which defined “Waters of the United States” (WOTUS) for the purposes of the Clean Water Act (CWA).  Pasqua Yaqui Tribe v. EPA, No. 4:20-cv-00266.  However, pursuant to the court’s order, the so-called 2019 “Repeal Rule,” which repealed the 2015 “Clean Water Rule” (80 FR 37053) and re-instated the pre-2015 regulations (84 FR 56626) defining WOTUS, remains in effect until further proceedings of the court on the lawsuit’s challenge to the 2019 Repeal Rule.  The Arizona district court considered 1) “the seriousness of [EPA’s] errors in enacting the NWPR,” 2) “the likelihood that [EPA] will alter the NWPR,” and 3) “the possibility of serious environmental harm if the NWPR remains in place upon remand.”  The court found that all three factors weighed in favor of vacating the NWPR.  The court noted EPA’s agreement that there are “substantial concerns about certain aspects of the NWPR . . . including whether the NWPR adequately considered the CWA’s statutory objective and the effects of the NWPR on the integrity of the nation’s waters.”   Last month, on July 15, 2021, the U.S. District Court for the District of South Carolina also remanded the NWPR but declined to vacate it.  See ALWR—July 16, 2021,”WOTUS: Federal Court Grants EPA Request to Remand and Leaves Navigable Waters Protection Rule in Place.”

WOTUS: Massachusetts Federal Court Remands 2020 Navigable Waters Protection Rule, Cites Arizona Federal Court Ruling
On September 1, 2021, the U.S. District Court for the District of Massachusetts issued an order remanding the Environmental Protection Agency’s (EPA) 2020 Navigable Waters Protection Rule (NWPR) defining of “Waters of the United States” (85 FR 22250) and dismissing the case. Conservation Law Foundation v. EPA, No. 1:20-cv-10820.  Noting the rule’s vacatur earlier the same week by the U.S. District Court for the District of Arizona, the court stated, “[g]iven the progress of related litigation elsewhere . . . [t]he most orderly means for me to assist in resolving the larger dispute over the Rule at issue is to remand this case to the agencies and correlatively dismiss it without separately addressing the merits as to which the litigation is in an advanced stage in the District of Arizona.”   For background, see ALWR—Week Ending June 11, 2021, “EPA Requests Remand and Announces Intent to Rewrite WOTUS Definition.”

Food Labeling: Alleged Misleading Meat Labeling Claims Survive Motion to Dismiss
On September 2, 2021, the District of Columbia Court of Appeals issued an opinion finding that the Animal Legal Defense Fund (ALDF) has standing to sue Hormel Foods for allegedly misleading advertising and that ALDF’s claims are not preempted by federal meat labeling laws.  Animal Legal Defense Fund v. Hormel Foods Corp., No. 19-CV-0397).  ALDF claimed that Hormel’s “Natural Choice” meat product advertisements were misleading under the District of Columbia’s Consumer Protection Procedures Act (CPPA) because they “falsely convey” that the products are derived from humanely treated animals and are preservative-free.  The District of Columbia trial court granted summary judgment in favor of Hormel, finding that ALDF did not meet standing requirements and that ALDF’s claims were preempted by federal meat labeling laws.  The appeals court found that the CPPA modified traditional standing requirements to allow “‘public interest organizations’ [to] bring[] suit ‘on behalf of the interests of a consumer or a class of consumers,’ so long as they have a ‘sufficient nexus’ to ‘adequately represent those interests,’” and that ALDF met all three requirements.  Additionally, the court found that because ALDF’s claims only addressed Hormel’s advertisements, not Hormel’s “Natural Choice” labels, ALDF’s claims were not preempted by federal labeling laws.  The court then reversed and remanded the trial court’s grant of summary judgment.

Biotechnology: USDA Seeks Comment on Cell-Cultured Meat Labeling
On September 3, 2021, the U.S. Department of Agriculture’s (USDA) Food Safety and Inspection Service (FSIS) posted an advance notice of proposed rulemaking (ANPR) in the Federal Register titled, “Labeling of Meat or Poultry Products Comprised of or Containing Cultured Animal Cells” (86 FR 49491).  Through the ANPR, FSIS seeks comment on issues it should consider in developing regulatory labeling requirements for cell-cultured meat and poultry.  Specifically, FSIS seeks comment on consumer labeling expectations regarding nutrition and the taste, color, odor, and texture of cell-cultured products; accurate, unambiguous product names; research regarding cell-cultured labeling nomenclature; and economic data on cell-cultured meat products.  Also announced by USDA, this ANPR follows the March 2019 agreement between USDA and the Food and Drug Administration (FDA) to jointly supervise and regulate cell-cultured food production.  The 60-day comment period closes November 2, 2021.  See ALWR—March 14, 2019, “USDA and FDA Agree on Cell-Cultured Food Products Regulation” 

Agricultural Transportation: FMCSA Extends Trucking Hours of Service Waiver Until November 30, 2021
On August 31, 2021, the U.S. Department of Transportation (DOT) Federal Motor Carrier Safety Administration (FMCSA) issued an extension and amendment until November 30, 2021, of its COVID-19 Modified Emergency Declaration No. 2020-002, extending the hours of service waiver for commercial drivers transporting essential COVID-19 supplies, including agricultural commodities and supplies.  Additionally, FMCSA issued a waiver allowing states to extend the expiration of commercial driver’s licenses and learner’s permits until November 30, 2021.  The emergency declaration, originally issued March 13, 2020, has been revised and expanded multiple times.  The last extension was issued on May 26, 2021.

Agriculture Finance: Heirs’ Property Relending Program Lender Application Open
On August 30, 2021, the U.S. Department of Agriculture’s (USDA) Farm Service Agency (FSA) announced that the Heirs’ Property Relending Program (HPRP) application period for intermediary lenders is open through October 29, 2021.  Through the HPRP, FSA will make available up to $5 million at 1% interest to eligible lenders for loans to landowners to resolve heirs property title issues.  Eligible lenders are those that are 1) certified as a community development financial institution and 2) experienced in servicing similar commercial and agricultural loans.  FSA states that it will prioritize applicants located in states that have adopted the Uniform Partition of Heirs Property Act (UPHPA) or enacted a statute incorporating UPHPA language and have ten or more years of experience working with socially disadvantaged farmers.  FSA will host an informational webinar for lenders on September 15, 2021 at 2 p.m. ET.  For background, see ALWR—Week Ending July 30, 2021, “USDA Announces $67 Million for Heirs’ Property Relending Program.”

Animal Welfare: Plainville Farms Responds to PETA Video of Turkey Abuse in Pennsylvania
As of September 2, 2021, Plainville Farms of New Oxford, Pennsylvania, updated its website with a statement on animal welfare in response to video footage released on or about August 19, 2021, by People for the Ethical Treatment of Animals (PETA) depicting workers in Pennsylvania physically abusing turkeys.  Plainville states that it has terminated the employees in the video and is working with law enforcement to investigate PETA’s allegations.  The company also states that it has purchased body cameras to monitor employees who work with live animals and is enlisting “third-party animal welfare experts to conduct regular, unannounced audits” of its activities.

CENTER FOR AGRICULTURAL AND SHALE LAW PROGRAMS & RESOURCES

Penn State Agricultural Law Podcasts:

Weekly Episode #192. Tenth Circuit Holds Kansas Ag-Gag Law Unconstitutional & USDA Announces SARS-CoV-2 Animal Surveillance Framework (Sept. 2, 2021).

Weekly Episode #191. EPA Prohibits Chlorpyrifos on Food & Federal Court Rules Vegan “Butter” Not Misleading (Aug. 25, 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:

Cellular Agriculture Development Has Potential to Change Food Industry, Society (Aug. 24, 2021).

By Reducing Forest Floor Temperature, Invasive Shrubs Stifle Native Species (Aug. 31, 2021).

Podcast Explores Renewable, Biodegradable Construction Materials (Sept. 1, 2021).

Agricultural Law/Policy Resources of Interest: 

USDA, APHIS, African Swine Fever Action Week—Five daily webinars between Sept. 13–17, 2021.

DTN/Progressive Farmer, White House: Analysis Shows Family Farms Protected From Tax Plans (Sept. 1, 2021)

Dairy Herd Management, Dairy’s Future: Who Will the Top Dairy States be in the Next Decade? (Aug. 31, 2021).

Dairy Management Inc./National Milk Producers Federation, Dairy Market Report (August 2021).

UNL Center for Ag Profitability, 2021 Federal Estate and Transfer Tax Law Proposals (Aug. 24, 2021).

Tiffany Lashmet, End of Life Documents (Aug. 30, 2021).

Kristine A. Tidgren, What’s the Latest on Tax Reform? (Aug. 31, 2021).

Jana Caracciolo, USDA Updates the Thrifty Food Plan (Aug. 31, 2021).

Megan Todd, Farm Lease Notice Period Change Goes Into Effect October 1, 2021 (Aug. 30, 2021).

Jeffrey K. Lewis, When is it appropriate to appropriate? (Aug. 31, 2021).

Roger A. McEowen, Livestock Confinement Buildings and S.E. Tax (Aug. 28, 2021).

Roger A. McEowen, Checkoffs and Government Speech—The Merry-Go-Round Revolves Again (Aug. 29, 2021).

Roger A. McEowen, Is There a Constitutional Way To Protect Animal Ag Facilities? (Aug. 31, 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:

AFBF, Third Quarter H-2A Data Calms Trajectory (August 25, 2021)

AGENCY PRESS RELEASES—STATE/FEDERAL

PENNSYLVANIA DEPARTMENT OF AGRICULTURE PRESS RELEASES:

PA Preferred® Homegrown By Heroes To Offer Free Webinars Connecting Military Veterans With Agriculture Business Funding, Opportunities (Aug. 30, 2021).

Secretary Of Agriculture Encourages Farmers To Take Advantage Of $1 Million Farm Vitality Grant Program For Organic Transition (Sept. 1, 2021).

Agriculture Secretary Encourages Residents To Take Food Safety Precautions During Flooding, Power Outages (Sept. 3, 2021).

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

USDA Encourages Ag Producers, Residents to Prepare for Tropical Depression Ida (Sept. 1, 2021).

USDA Seeks Comments on the Labeling of Meat and Poultry Products Derived from Animal Cells (Sept. 2, 2021).

Food Help on the Way for Louisiana Households Hit by Hurricane Ida (Sept. 2, 2021).

USDA AGENCY PRESS RELEASES: 

Agricultural Marketing Service  

USDA Appoints Members to New American Pecan Promotion Board (Aug. 31, 2021).

USDA Announces National Mango Board Appointments (Aug. 31, 2021).

USDA Announces $11 Million in Grants Awarded to Strengthen Markets for U.S. Agricultural Products (Aug. 31, 2021).

USDA Settles a Packers and Stockyards Case against North Platte Stockyards Inc. and Kyle Layman (Sept. 1, 2021).

USDA Settles a Packers and Stockyards Case against Marty L. Couch (Sept. 1, 2021).

USDA Settles a Packers and Stockyards Case Against Victoria Livestock & Poultry Market LLC, Parmanand Lutawan and Rookmanie Lutawan (Sept. 1, 2021).

USDA Settles a Packers and Stockyards Case Against Billy and Tim Rowan, d.b.a. R&R Livestock (Sept. 1, 2021).

USDA Settles a Packers and Stockyards Case against Camelot Cattle Company LLC (Sept. 1, 2021).

USDA Determines Individual not Responsibly Connected to California Violator (Sept. 1, 2021).

Pecan Producers Vote to Continue their Federal Marketing Order (Sept. 1, 2021).

USDA to Host Educational Webinar on New Livestock Mandatory Reporting Information (Sept. 2, 2021).

Agricultural Research Service

Study Takes “Seasonal Pulse” of Plant Productivity (Aug. 30, 2021).

Scientists Evaluate and Refine A Simple Economic Method to Measure Soil Health in Dryland Farming (Aug. 31, 2021).

High Hopes for Lowly Pond Scum (Sept. 2, 2021).

New Food Freezing Concept Improves Quality, Increases Safety and Cuts Energy Use (Sept. 2, 2021).

 Animal and Plant Health Inspection Service 

APHIS Seeks Comments on a Draft Pest Risk Assessment for Spinach (Spinacia oleracea) Seed Infected with Diaporthe (anamorph Phomopsis) (Aug. 30, 2021).

APHIS Accepts Online Applications for Animal Welfare Act Licenses and Registrations (Aug. 30, 2021).

APHIS Seeks Comment on Draft Pest Risk Assessment for the Importation of Dianthus Plants for Planting from Guatemala (Aug. 30, 2021).

APHIS Concurs with the World Organisation for Animal Health’s Bovine Spongiform Encephalopathy Risk Designations for Ecuador and Serbia (Aug. 31, 2021).

APHIS Seeks Comment on Draft Pest Risk Assessment for the Importation of Parsley from Kenya (Sept. 1, 2021).

APHIS Seeks Comment on Draft Pest Risk Assessment for the Importation of Oregano from Kenya (Sept. 1, 2021).

APHIS Seeks Comment on Draft Pest Risk Assessment for the Importation of Mango from Egypt (Sept. 1, 2021).

Economic Research Service

Examining the Growth in Seasonal Agricultural H-2A Labor (August 2021).

Farm Service Agency

Lenders Can Now Apply for New Heirs’ Property Relending Program (Aug. 30, 2021).

USDA Announces September 2021 Lending Rates for Agricultural Producers (Sept. 1, 2021).

Food Safety and Inspection Service

Constituent Update—FSIS Seeks Comments on the Labeling of Meat and Poultry Products Derived from Animal Cells (Sept. 3, 2021).

Foreign Agricultural Service  

Private Exporters Report Sales Activity for China (Aug. 30, 2021).

Private Exporters Report Sales Activity for China (Sept. 2, 2021).

Private Exporters Report Sales Activity for China (Sept. 3, 2021).

National Agricultural Statistics Service

NASS to Review Acreage Earlier for Certain Crops (Sept. 1, 2021).

 National Institute of Food and Agriculture

NIFA Invests $15.6 Million for Crop Protection and Pest Management (Sept. 2, 2021).

NIFA Invests $6.7 Million to Improve Sustainable Agricultural Productivity (Sept. 2, 2021).

USDA Invests $1.9M to Develop Novel Biofuels and Biobased Products (Sept. 2, 2021).

Risk Management Agency

RMA Revises Dates for the Pasture, Rangeland and Forage and Apiculture Insurance Programs (Aug. 31, 2021).

RMA Makes Improvements to Whole-Farm Revenue Protection (Sept. 1, 2021).

USDA to Offer New Insurance Option for Conservation-Minded Corn Farmers Who ‘Split-Apply’ Nitrogen (Sept. 2, 2021).

STATE ACTIONS—EXECUTIVE/LEGISLATIVE

PENNSYLVANIA EXECUTIVE AGENCIES (Pa. Bulletin Vol. 51, No. 36—Sept. 4, 2021):         

Department of Agriculture

51 Pa.B. 5693 Notice: “List of Pesticides Which May be Used by Medical Marijuana Grower and Processors.”

Department of Environmental Protection

51 Pa.B. 5697 Notice: “Applications For NPDES and WQM Permits Under The Clean Streams Law And Federal Clean Water Act.”

51 Pa.B. 575 Notice: “Availability of Technical Guidance [Chapter 105 Alternatives Analysis Technical Guidance Document].”

51 Pa.B. 5758 Notice: “Nutrient Credit Trading Program; Certification Requests.”

PENNSYLVANIA LEGISLATURE:      

No new relevant developments Aug. 30–Sept. 3, 2021.

FEDERAL ACTIONS—EXECUTIVE/LEGISLATIVE

FEDERAL EXECUTIVE AGENCIES (Federal Register Aug. 30–Sept. 3, 2021): 

Agriculture Department  

86 FR 48973 Notice: “Submission for OMB Review; Comment Request [Foreign Agricultural Service: Sugar Imported for Exports as Refined Sugar, as a Sugar-Containing Product, or Used in Production of Certain Polyhydric Alcohols]” (Sept. 1, 2021).

Agricultural Marketing Service

 86 FR 48385 Notice—Comment Period: “Notice of Request for Extension and Revision of a Currently Approved Information Collection [Requirements Under Regulations Governing Inspection and Grading Services of Manufactured or Processed Dairy Products]” (Aug. 30, 2021).

86 FR 48659 Notice: “2021/2022 Rates Charged for AMS Services: Revised Tobacco Grading Rates” (Aug. 31, 2021).

86 FR 48887 Interim Final Rule, comments accepted: “Establishment of a Dairy Donation Program” (Sept. 1, 2021).

86 FR 48972 Notice—Comment Period: “Pandemic Response and Safety Program; Request for Emergency Approval of a New Information Collection” (Sept. 1, 2021).

86 FR 49466 Final Rule: “Fees for Supervision of Official Inspection and Weighing Services Performed by Delegated States and Designated Agencies, Miscellaneous Fees for Other Services, and Removal of Specific Fee References” (Sept. 3, 2021).

Agricultural Research Service

86 FR 48973 Notice: “Notice for Comment on Two Strategic Plans for the Subcommittee on Aquaculture Science Planning and Regulatory Efficiency Task Forces and on Updating the National Aquaculture Development Plan” (Sept. 1, 2021).

Animal and Plant Health Inspection Service

86 FR 48388 Notice—Comment Period: “Notice of Request for Extension of Approval of an Information Collection; Contract Pilot and Aircraft Acceptance” (Aug. 30, 2021).

86 FR 48387 Notice—Comment Period: “Notice of Request for Revision to and Extension of Approval of an Information Collection; Foreign Quarantine Notices” (Aug. 30, 2021).

86 FR 48386 Notice—Comment Period: “Notice of Request for Extension of Approval of an Information Collection; Special Need Requests Under the Plant Protection Act” (Aug. 30, 2021).

86 FR 48660 Notice: “Concurrence With OIE Risk Designations for Bovine Spongiform Encephalopathy” (Aug. 31, 2021).

86 FR 48974 Notice—Comment Period: “Notice of Request for Revision to and Extension of Approval of an Information Collection; Qualitative Feedback on Agency Service Delivery” (Sept. 1, 2021).

86 FR 49287 Notice—Comment Period: “Notice of Request for Extension of Approval of an Information Collection; African Swine Fever; Importation of Live Dogs for Resale From Regions Where African Swine Fever Exists or Is Reasonably Believed To Exist” (Sept. 2, 2021).

86 FR 49288 Notice—Comment Period: “Notice of Request for Approval of an Information Collection; Control and Eradication of African Swine Fever; Conditions for Payment of Indemnity Claims” (Sept. 2, 2021).

Environmental Protection Agency

86 FR 48308 Final Rule: “Thiabendazole; Pesticide Tolerances” (Aug. 30, 2021).

86 FR 48315 Final Rule: “Chlorpyrifos; Tolerance Revocations” (Aug. 30, 2021).

86 FR 48507 Final Rule, comments accepted: “Acequinocyl; Pesticide Tolerances” (Aug. 31, 2021).

86 FR 48691 Notice—Comment Period: “Pesticide Experimental Use Permit; Receipt of Application; Comment Request” (Aug. 31, 2021).

86 FR 48697 Notice—Comment Period: “Pesticide Product Registration; Receipt of Applications for New Uses-August 2021” (Aug. 31, 2021).

86 FR 49327 Notice—Comment Period: “Notice of Receipt of Requests To Voluntarily Cancel Certain Pesticide Registrations and Amend Registrations To Terminate Certain Uses” (Sept. 2, 2021).

Farm Credit Administration

86 FR 49027 Notice: “Sunshine Act Meetings [September 9, 2021]” (Sept. 1, 2021).

Fish and Wildlife Service       

86 FR 48545 Final Rule: “Endangered and Threatened Wildlife and Plants; Threatened Species Status for Bartram’s Stonecrop With a Section 4(d) Rule” (Aug. 31, 2021).

86 FR 48569 Final Rule: “Migratory Bird Hunting; 2021-2022 Seasons for Certain Migratory Game Birds” (Aug. 31, 2021).

86 FR 48619 Proposed Rule—Comment Period: “Endangered and Threatened Wildlife and Plants; Threatened Status With Section 4(d) Rule for the Dolphin and Union Caribou and 12-Month Finding for the Peary Caribou” (Aug. 31, 2021).

86 FR 48751 Notice: “Marine Mammals; Letters of Authorization To Take Pacific Walrus and Polar Bears in the Beaufort Sea, Alaska, in 2019 and 2020 and Northern Sea Otters in Cook Inlet, Alaska in 2019 and 2020” (Aug. 31, 2021).

86 FR 48953 Proposed Rule—Comment Period: “Endangered and Threatened Wildlife and Plants; Removing the Snail Darter From the List of Endangered and Threatened Wildlife” (Sept. 1, 2021).

86 FR 49045 Notice—Comment Period: “Endangered and Threatened Wildlife and Plants; Draft Recovery Plan for Umtanum Desert Buckwheat” (Sept. 1, 2021).

Food and Drug Administration

86 FR 49230 Final Rule, comments accepted: “Listing of Color Additives Exempt From Certification; Butterfly Pea Flower Extract” (Sept. 2, 2021).

86 FR 49543 Notice—Comment Period: “Current Good Manufacturing Practice, Hazard Analysis, and Risk-Based Preventive Controls for Human Food, and Current Good Manufacturing Practice, Hazard Analysis, and Risk-Based Preventive Controls for Food for Animals” (Sept. 3, 2021).

Food and Nutrition Service

86 FR 48663 Notice—Comment Period: “Agency Information Collection Activities: Proposed Collection; Comment Request-Annual State Report on Verification of Supplemental Nutrition Assistance Program Participation” (Aug. 31, 2021).

86 FR 48660 Notice: “National School Lunch, Special Milk, and School Breakfast Programs, National Average Payments/Maximum Reimbursement Rates; Correction” (Aug. 31, 2021).

Food Safety and Inspection Service

86 FR 49491 Proposed Rule—Comment Period: “Labeling of Meat or Poultry Products Comprised of or Containing Cultured Animal Cells” (Sept. 3, 2021).

Foreign Agricultural Service

86 FR 48978 Notice: “WTO Agricultural Quantity-Based Safeguard Trigger Levels” (Sept. 1, 2021).

86 FR 49289 Notice: “Adjustment of Appendices Under the Dairy Tariff-Rate Quota Import Licensing Regulation” (Sept. 2, 2021).

86 FR 49292 Notice: “Assessment of Fees for Dairy Import Licenses for the 2022 Tariff-Rate Import Quota Year” (Sept. 2, 2021).

Rural Utilities Service

86 F 49504 Notice: “Publication of Depreciation Rates” (Sept. 3, 2021).

Small Business Administration

86 FR 48792 Notice: “Presidential Declaration of a Major Disaster for the State of California” (Aug. 31, 2021).

86 FR 48792 Notice: “Presidential Declaration Amendment of a Major Disaster for the State of Tennessee” (Aug. 31, 2021).

86 FR 49590 Notice: “Presidential Declaration of a Major Disaster for the State of Louisiana [Hurricane Ida]” (Sept. 3, 2021).

U.S. HOUSE AGRICULTURE COMMITTEE:   

H.R.4521 “Bioeconomy Research and Development Act of 2021” Referred to the Subcommittee on Biotechnology, Horticulture, and Research (Aug. 30, 2021).

H.R.4951 “Canyon’s Law [To prohibit the use of M–44 devices, commonly known as “cyanide bombs”, on public land, and for other purposes]” Referred to the Subcommittee on Conservation and Forestry (Aug. 30, 2021).

H.R.4973 “U.S.A. Beef Act [To amend the Federal Meat Inspection Act to modify requirements for a meat food product of cattle to bear a “Product of U.S.A.” label, and for other purposes]” Referred to the Subcommittee on Livestock and Foreign Agriculture (Aug. 30, 2021).

H.R.4995 “Tribal Wildlife Corridors Act of 2021” Referred to the Subcommittee on Conservation and Forestry (Aug. 30, 2021).

H.R.5173 “To provide for the enhancement of urban agriculture, and for other purposes.” Referred to the House Committee on Agriculture (Sept. 3, 2021).

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

No new actions Aug. 30–Sept. 3, 2021.   

U.S. CONGRESSIONAL LEGISLATIVE HEARINGS: 

Senate Finance Committee: 

Implementation and Enforcement of the United States-Mexico-Canada Agreement: One Year After Entry into Force (Recording, July 27, 2021).

• Testimony: Allan Huttema, Chair, Northwest Dairy Association/Darigold

House Agriculture Committee: 

21st Century Food Systems: Controlled Environment Agriculture’s Role in Protecting Domestic Food Supply Chains and Infrastructure (Recording, July 29, 2021).

State of the Beef Supply Chain: Shocks, Recovery, and Rebuilding, Subcommittee on Livestock and Foreign Agriculture (Recording, July 28, 2021).

• Testimony: Dr. Jayson Lusk, Purdue; Dr. Jennifer van de Ligt, U. of MN; Dr. Keri Jacobs, U. of MO; Dr. Austin Aherin, V.P. Rabo AgriFinance.

Connect with the Center on Facebook or on Twitter @AgShaleLaw

Top #AgLaw HotLinks  Aug. 30–Sept. 3, 2021 

USDA Forecasts Record Farm Exports in FY 2021 and FY 2022, University of Illinois Farm Policy News

Neonics and Endangered Species, DTN Progressive Farmer

Study Proposes New Ways To Estimate Climate Change Impacts on Ag, Feedstuffs

RFS Blending Targets for This Year and Next Should be Made Public Soon, Brownfield

Drones Continue to Prove Profitable in Agriculture, Brownfield

Danone Pulling Plug on More Than 80 US Organic Dairy Farmers, Dairy Reporter

U.S. EPA Sent Annual Biofuel Blending Recommendations to White House, Reuters

Price Response to Plant-Based Meat in the U.S. Beef Market: Part II, University of Illinois FarmDoc

Ag Labor, Rural Population Loss is a Challenge for Ohio, Pennsylvania, 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