October 6, 2022
Agricultural Law Weekly Review—Week Ending September 30, 2022
Industrial Hemp: Hemp Farmer Files Federal Suit Against South Carolina For Arrest and Crop Destruction
On September 16, 2022, South Carolina hemp farmer John Trenton Pendarvis filed a complaint in the U.S. District Court for the District of South Carolina against numerous executive branch officials alleging due process violations and conspiracy for Pendarvis’s arrest and the seizure and destruction of Pendarvis’s hemp crop in September 2019. Pendarvis v. Wilson, No. 2:22-cv-03142. Pendarvis was arrested and his hemp crop was destroyed without notice or a hearing after a July 2019 inspection revealed that the crop was planted on coordinates different from those he had submitted to the S.C. Department of Agriculture (DAG), an error Pendarvis claims was an “oversight” caused by drought conditions on the originally identified land parcels. Pendarvis claims that the mandatory “Hemp Farming Program Participation Agreement” he executed conflicts with the S.C. Hemp Farming Act (S.C. Code §46-55-10) on authorized remedies and process for violations. Additionally, Pendarvis alleges the state failed to timely create and submit to USDA its state hemp plan and at the time of his arrest had no state hemp plan in effect.
Agricultural Antitrust: FTC Files Price-Fixing Complaint Against Syngenta and Corteva
On September 29, 2022, the Federal Trade Commission (FTC) and a collection of ten state attorney generals filed a complaint against Syngenta and Corteva in the U.S. District Court for the Middle District of North Carolina. Federal Trade Commission v. Syngenta Crop Protection Ag., No. 1:22-cv-00828. Also announced by the FTC, the complaint alleges that pesticide manufacturers Syngenta and Corteva conspired with distributors to artificially inflate the prices of their products and suppress the sale of competitors’ generic products. In June 2022, the FTC announced that it would increase its efforts to address schemes designed to block consumer access to cheaper drugs. Additionally, FTC has created a website where the progress of the Syngenta litigation will be posted.
Agricultural Antitrust: Plaintiffs File for Preliminary Approval of $75 Million Settlement with Smithfield in Class Action Pork Price-Fixing Case
On September 27, 2022, the Consumer Indirect Purchaser Plaintiffs (Consumer IPPs) filed a motion, memorandum of support, and proposed order in the U.S. District Court for the District of Minnesota for preliminary approval of a settlement between the Consumer IPPs and Defendant Smithfield Foods, Inc. in the class action case In re Pork Antitrust Litigation, No. 0:18-cv-01776. In the settlement agreement, Smithfield has agreed to pay $75 million to and further cooperate with the Consumer IPPs to support their litigation against the remaining pork producer defendants. According to the memorandum, more than 19 million Consumer IPP class members have been identified. In addition to the approximately 17.6 million class member email addresses obtained by the Consumer IPPs through subpoenas to retail stores, Amazon, a non-party, has agreed to provide notice of the settlement directly to its customers and has identified 1.8 million potential class members for notification. The settlement agreement now waits court approval. More details about the settlement are available at overchargedforpork.com. For more background, see the Center’s Agricultural Law Issue Tracker: Agricultural Antitrust Litigation.
Ag-Gag Statutes: Federal Court Rules Another Iowa ‘Ag-Gag’ Law Unconstitutional
On September 26, 2022, the U.S. District Court for the Southern District of Iowa issued a decision denying the State of Iowa’s motion to dismiss and granting Plaintiff Animal Legal Defense Fund’s motion for summary judgment in Animal Legal Defense Fund v. Reynolds, No. 4:21-cv-00231, holding that Iowa’s fourth iteration of a so-called “ag-gag” law (enacted in April 2021 as HF 775 and codified at Iowa Code § 727.8A) violated the First Amendment of the U.S. Constitution. Iowa’s most recent law made it a criminal offense to place or use a camera or “electronic surveillance device” while committing trespass in an agricultural production facility. Iowa’s previous three iterations of “ag-gag” laws were also previously ruled unconstitutional in whole or in part. For a full background on the legal challenges to Iowa’s and multiple other states’ similar laws, see the Center’s Agricultural Law Issue Tracker: Ag Gag Statutes.
Pesticides/Herbicides: EPA Responds to Petition Seeking Removal of Pesticide-Treated Seeds from FIFRA Exemption
On September 28, 2022, the U.S. Environmental Protection Agency (EPA) announced its response to an April 2017 petition filed by the Center for Food Safety (CFS) and other industry stakeholders (83 FR 66260) requesting that EPA amend or officially reinterpret the Federal Insecticide, Fungicide, and Rodenticide Act’s (FIFRA) “Treated Article Exemption” found at 40 C.F.R. §152.25(a) by removing treated seeds from the exemption EPA has “failed to adequately assess” the hazards of treated seeds. Although EPA response disagreed with CFS regarding the agency’s assessments and declined to amend or reinterpret the Treated Article Exemption, EPA recognized that “complete and clear instructions” play a vital role in pesticide handling and use during seed treatment, stating that “the seed bag tag labeling is the primary means by which instructions are communicated to downstream distributors, sellers, and users, typically the farmers . . ..” As such, the agency says it intends to continue reviewing the “completeness and clarity” of label instructions for pesticides with registered seed treatment uses. Additionally, EPA states that it plans to (1) issue an Advanced Notice of Proposed Rule Making to gather information on “whether or to what extent pesticide-treated seed is being distributed, sold, or used in a manner inconsistent with treating pesticide labeling instructions for each separate crop seed product” and (2) consider publishing a rule regulating the “distribution, sale, and use” of pesticide-treated seed, consistent with approved labeling of the treating pesticide and treated seed.
Food Labeling: FDA Proposes Regulation Amending ‘Healthy’ to Indicate ‘Food Group Equivalent’
On September 29, 2022, the U.S. Food and Drug Administration (FDA) published a proposed rule in the Federal Register amending the definition of “healthy” for food product labels to be consistent with the 2020–2025 Dietary Guidelines for Americans, which advises individuals to meet their nutritional needs by consuming “a variety of nutrient-dense foods”—as opposed to a consuming a defined quantity of nutrients (87 FR 59168). Also announced by FDA, the proposed rule updates “healthy” to require that foods bearing the claim provide a minimum amount of food (“food group equivalent”) from a recommended food group or subgroup from the guidelines: vegetables, fruits, grains, dairy, proteins, or oils. This update represents a departure from the nutrient-specific approach of the current regulation, which FDA suspects may “spur fortification to allow foods that are low in saturated fat, sodium, and added sugars to qualify for the ‘healthy’ claim, despite these foods not contributing to a meaningful amount of a food group” such as “white bread fortified with calcium.” FDA seeks comment on multiple parts of the proposed rule and encourages stakeholders to provide feedback during the 90-day comment period, which closes December 28, 2022.
Agricultural Labor: USDA Seeks Comments on Farm Labor Stabilization and Protection Pilot Grant Program
On September 21, 2022, the U.S. Department of Agriculture’s (USDA) Farm Service Agency (FSA) posted a notice in the Federal Register requesting public comments on FSA’s recently announced Farm Labor Stabilization and Protection Pilot Grant Program (87 FR 58054). Also announced by FSA, the grant program will utilize up to $65 million in American Rescue Act Funding to provide support for agricultural employers. The grant program seeks to address labor shortages, reduce irregular migration through the promotion of H-2A visas, and improve working conditions for farm workers. FSA will accept comments on the program until October 24, 2022.
National Agricultural Policy: USDA Announces $500 Million for U.S. Fertilizer Production Expansion
On September 27, 2022, the U.S. Department of Agriculture (USDA) announced $500 million for the new Fertilizer Production Expansion Program (FPEP), which will provide five-year grants ranging from $1 million to $100 million to increase fertilizer production in the United States. The FPEP prioritizes “innovative,” “farmer-focused” fertilizer production that uses renewable energy, reduces greenhouse gas emissions, and increases competition among the largest fertilizer suppliers. The FPEP is funded through the Commodity Credit Corporation and has two application windows: 1) a 45-day window that closes November 14, 2022 for projects to provide fertilizer for crop years 2023 or 2024 and 2) a 90-day window that closes December 29, 2022 for projects intended to “spur competition and combat price hikes” that may need more time to provide additional production capacity. USDA hosted FPEP training webinars and recordings and materials can be found at the FPEP homepage under “Events.”
Conservation Programs: USDA Announces $8 Million for Soil Carbon Monitoring
On September 27, 2022, the U.S. Department of Agriculture’s (USDA) Natural Resources Conservation Service (NRCS) announced the availability of $8 million in grants for Soil Carbon Monitoring Training and Outreach Agreements to increase carbon monitoring on agricultural lands and determine the effectiveness of climate-smart conservation practices. The program will provide four grants, ranging from $1.5 million to $2 million, for 2–4 year agreements in each U.S. region—Northeast, Southeast, Central, and West. Entities eligible for the grants include state, local, and Tribal governments; nonprofit organizations; universities; and Cooperative Ecosystem Studies Units Network members.
Local Agricultural Policy: Adams County Court Affirms Township’s Denial of Solar Project Permit
On September 2, 2022, the Adams County Court of Common Pleas Judge issued an order affirming Mount Joy Township’s denial of NextEra Energy, LLC’s application for a conditional use permit for the Brookfield Solar Energy Center, the subject portion of which consisted of 391 acres of solar panels adjacent to State Road 97 (Baltimore Pike), southeast of Gettysburg, Pennsylvania. The order stated that NextEra had failed to adequately address issues such as stormwater runoff and glare. NextEra has 30 days to appeal to the Pennsylvania Commonwealth Court or downscale the project to the remaining 528 acres located in the Township’s agricultural conservation district, which allows solar development.
Pesticides/Herbicides: Study Finds PFAS Contamination in Pesticides in USDA Crop Research Field
On September 22, 2022, the Journal of Hazardous Materials Letters (JHML) published a study title “Targeted Analysis and Total Oxidizable Precursor Assay of Several Insecticides for PFAS.” The study found high levels of per- and polyfluoroalkyl substances (PFAS) in several pesticides used on a U.S. Department of Agriculture (USDA) crop research field, including pesticides containing Abamectin, Novaluron, Mineral Oil, Imidacloprid, Spiromesifen, and Malathion. PFAS have a potential for toxicity and can be consumed by humans through foods if used in pesticides. Recently, the Environmental Protection Agency (EPA) announced that twelve new chemicals would be classified as PFAS and may no longer be used in pesticides. The organization Public Employees for Environmental Responsibility (PEER) submitted a letter to the EPA asking that it reexamine its PFAS strategy, ban the use of any pesticides containing PFAS, and stop advertising that states PFAS are no longer used in any registered pesticide. The EPA has not yet issued a response to the study or the letter sent by PEER. EPA’s “whole-of-agency agency approach to addressing PFAS is set forth in PFAS Strategic Roadmap: EPA’s Commitments to Action 2021-2024
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CENTER PROGRAMS & RESOURCES
New at aglaw@psu.edu:
- Research Paper: An Overview of the Protections for Geographical Indications in the United States and the European Union. Chloe Marie, Research Specialist (Oct. 2022).
- Virtual Resource Room: Solar Electricity Generation on Rural Lands
- 224. USDA’s Huge Climate, Domestic Food Purchasing, and Organic Farming Investments (Sept. 27, 2022).
- 223: Bayer’s Roundup Victories; Stay of Dicamba Litigation Challenged; and Mistrial Declared in Blue Bell CEOs Trial (Sept. 22, 2022).
- 222. Ag Funding in Inflation Reduction Act; Smithfield Settles Antitrust Case; and Dairy Farmers of America Class Action Filed (Sept. 1, 2022).
Understanding Agricultural Law. A free monthly Zoom webinar series for all agricultural and rural business advisors. One hour of substantive CLE credit available for Pennsylvania-licensed attorneys at no charge. Recordings and materials from prior webinars, more information, and registration available here. Next in the series:
- Oct. 21, 2022, noon ET: Understanding the Basics of Crop Insurance
- Recent webinar recordings available:
- Understanding the Basics of Livestock Market Regulation (Sept. 23, 2022)
- Under the Basics of Agricultural Cooperatives (Aug. 26, 2022)
- Understanding the Basics of Statutory Protections for Agricultural Operations (July 22, 2022)
Dairy Quarterly Legal Webinar. A free quarterly Zoom webinar series covering U.S. dairy industry legal and regulatory developments with an in-depth focus topic presentation. One hour of substantive CLE credit available for Pennsylvania-licensed attorneys at no charge. Recordings and materials from prior webinars, more information, and registration available here. Next in series:
- Oct. 25, 2022, noon ET: 3rdQuarter of 2022—2023 Farm Bill, Implications for Dairy
Legal Planning for Specialty Crop Producers. A free periodic Zoom webinar series. Register at any time to watch past recordings and attend all future webinars and access all materials. Next in series:
- Nov. 16, 2022, noonET: Licensing and Regulatory Obligations in Selling Raw and Processed Specialty Crop Products.
- Nov. 30, 2022, noon ET: Municipal Law & Zoning for Agritourism/Agritainment, Specialty Crop Processing & Sales.
- Dec. 14, 2022, noon ET: Statutory Protections/Restrictions: Understanding PA’s Ag Area Security, Right-To-Farm, ACRE, and Clean & Green Laws.
Agricultural Law & Policy Resources of Interest:
Academic & Government Resources:
- Law & Tax’n Ctr., Extended Livestock Replacement Period Applies in Areas of Extended Drought – IRS Updated Drought Areas, Roger A. McEowen (Sept. 30, 2022).
- Nat’l Agric. Law Ctr., Building Blocks: The Basics of the RCPP, Brigit Rollins (Sept. 29, 2022).
- Ohio St. Univ. Ext. Farm Off. Blog, S. Supreme Court begins new term with wetlands and animal welfare cases, Peggy Kirk Hall (Sept. 27, 2022).
- Nat’l Agric. Law Ctr., The Fight Over Organic Hydroponics: An Update, Jana Caracciolo (Sept. 27, 2022).
- Md. Risk Mgmt. Educ. Blog, MDE Invites Public Comments on Proposed Food Residuals Regulations, Megan Todd (Sept. 27, 2022).
- Ohio St. Univ. Ext. Farm Off. Blog, Long-Term Care Insurance, Robert Moore (Sept. 27, 2022).
- Law & Tax’n Ctr., Farm and Ranch Estate Planning In 2022 (and 2023), Roger A. McEowen (Sept. 24, 2022).
- Ill. farmdocdaily, Mulling Over Margin, Part 2: the “Elusive” Cost of Production, J. Coppess, J. Janzen, K. Swanson, N. Paulson, C. Zulauf and G. Schnitkey (Sept. 22, 2022).
- Ill. farmdocdaily, 2014 Farm Bill Voluntary Base Acre Reallocation: Cost Assessment, C. Zulauf, G. Schnitkey, & K. Swanson (Sept. 26, 2022).
- Ill. farmdocdaily, Climate Change and the Farm Bill: A Brief History, Jonathan Coppess (Sept. 29, 2022).
- USDA ERS, Farmers’ Use of Contracts Has Declined Over Last 25 Years, Amber Waves (June 23, 2022).
- USDA ERS, Specialty Crop Participation in Federal Risk Management Programs (Sept. 2022).
- Dep’t Agric, Hayride Attractions registration webpage.
- Farm Bureau, PDA Hayride Attraction Registration Documents.
News & Industry Resources:
- Overview of Dairy Programs in the Farm Bill, American Farm Bureau (Sept. 27, 2022).
- Just Two Development Companies Drive One of California’s Most Controversial Climate Programs: Manure Digesters, Inside Climate News (Sept. 20, 2022).
- Keystone Development Center (KDC)’s 2022 Co-op Academy, various dates from Oct. 2022 – Feb. 2023. According to KDC, “Join a cohort of new cooperators from across the Mid-Atlantic in this virtual 4-month learning series. Cooperative groups will be guided through the phases of cooperative development—start to finish . . . This program is recommended for groups looking to start a cooperative or convert a business to a cooperative.” Register.
- American Farm Bureau Federation (AFBF)’s 2022 Federal Milk Marketing Order Forum, Oct. 14–16, 2022 in Kansas City, MO. AFBF states the forum was “[p]rompted by a call from Agriculture Secretary Tom Vilsack to get as many people involved in dairy as possible in one room to discuss solutions to Federal Milk Marketing Order (FMMO) shortfalls.” Register.
Penn State News, Research & Resources:
- Children in Sub-Saharan Africa Face Undernutrition, Lack of Dietary Diversity (Sept. 29, 2022).
- PSU Ext., Sugars in Spring and Fall Pastures (Sept. 29, 2022).
- PSU Ext., Penn State Dairy Cattle Nutrition Workshop Is Packed with Information (Sept. 28, 2022).
- PSU Ext., University of Maryland Holds Apple Workshop for Commercial Growers (Sept. 27, 2022).
- PSU Ext., 2022 Disease Update: Consider Fungicide Applications Ahead of Hurricane Ian Remnants (Sept. 27, 2022).
- PSU Ext., Minimize Soybean Harvesting Loss and Maximize Cost Per Bushel (Sept. 27, 2022).
Top #AgLaw HotLinks Sept. 17–23, 2022:
- More than $8 Billion Committed to Address Hunger and Nutrition, Brownfield
- Swiss reject Initiative to Ban Factory Farming, Reuters
- Biden-Harris Administration Makes $500 Million Available to Increase Innovative American-Made Fertilizer Production, USDA
- Biden Administration to Explore Voluntary Targets for Added Sugar, Develop Front-of-Pack Nutrition Labeling System, FoodNavigator
Agriculture-Related Legislative Hearings & Reports:
Sept. 29, 2022, 9:30 AM ET, House Agriculture Committee Hearing, 2022 Review of the Farm Bill: Title XII – Department Operations and Outreach.
Sept. 27, 2022, 5:30 PM ET, Senate Committee on Agriculture, Nutrition, & Forestry, Business Meeting.
Pennsylvania Farm/Food Employers’ Listserv (PFEL) is a human resources networking group exclusively for farm and food employers. Subscribe by email with “subscribe” in the subject line to pfel-subscribe-request@lists.psu.edu.
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FEDERAL ACTIONS—EXECUTIVE & LEGISLATIVE
U.S DEPARTMENT OF AGRICULTURE (USDA) PRESS RELEASES
USDA Assists Farmers, Ranchers, and Communities Affected by Hurricane Fiona (Sept. 29, 2022).
El USDA ayuda a los agricultores, ganaderos y comunidades afectadas por el huracán Fiona (Sept. 29, 2022).
U.S. Department of Agriculture Announces Key Staff Appointments (Sept. 27, 2022).
USDA Encourages Ag Producers, Residents to Prepare for Hurricane Ian (Sept. 27, 2022).
Biden-Harris Administration Makes $500 Million Available to Increase Innovative American-Made Fertilizer Production (Sept. 27, 2022).
Statement from Agriculture Secretary Tom Vilsack on the Biden-Harris National Strategy on Hunger, Nutrition, and Health (Sept. 27, 2022).
Biden-Harris Administration Announces Major Actions to Spur Competition, Protect Producers and Reduce Costs (Sept. 26, 2022).
ENVIRONMENTAL PROTECTION AGENCY (EPA) PRESS RELEASES
EPA Announces $26 Million in Funding for New Mexico Water Infrastructure Improvements (Sept. 30, 2022).
EPA extends public comment period for preliminary Safe Drinking Water Act decisions related to Afton, Wyoming’s Periodic Spring (Sept. 30, 2022).
EPA Finalizes Environmental Justice Action Plan for Land Protection and Cleanup Programs (Sept. 30, 2022).
Statement by Administrator Regan on the Ongoing Water Crisis in Jackson, Mississippi (Sept. 26, 2022).
USDA AGENCY PRESS RELEASES:
Agricultural Marketing Service (AMS)
USDA Takes Steps to Support Food Sovereignty with the Yakama Nation Tribal Government (Sept. 29, 2022).
USDA Settles a Packers and Stockyards Case with Panola Livestock Enterprise Inc., dba Panola Livestock Company Inc. and Randall Lowery (Sept. 28, 2022).
USDA Expands Local Foods in School Meals through Cooperative Agreement with Iowa (Sept. 28, 2022).
USDA Announces Its Local Food Purchase Assistance Cooperative Agreement with Tennessee (Sept. 27, 2022).
USDA Announces Its Local Food Purchase Assistance Cooperative Agreement with Mississippi (Sept. 26, 2022).
Animal and Plant Health Inspection Service (APHIS)
USDA Seeks Public Comment on a Proposal to Amend Veterinary Services’ User Fee Regulations (Sept. 30, 2022).
APHIS Issues Regulatory Status Review Responses: Agrivida, Inc. Corn and Toolgen, Inc. Potato (Sept. 30, 2022).
Farm Service Agency (FSA)
USDA Announces 2023 Upland Cotton Marketing Assistance Loan Rate (Sept. 30, 2022).
USDA Announces Fiscal Year 2023 Sugar Loan Rates, Allotment and Marketing Allocations (Sept. 29, 2022).
USDA Assists Farmers, Ranchers, and Communities Affected by Hurricane Fiona (Sept. 29, 2022).
El USDA ayuda a los agricultores, ganaderos y comunidades afectadas por el huracán Fiona (Sept. 27, 2022).
USDA to Provide up to $20 Million for Construction of On-Farm Grain Storage Facilities in Areas Impacted by Recent Natural Disasters (Sept. 26, 2022).
National Resource Conservation Service (NRCS)
USDA Assists Farmers, Ranchers, and Communities Affected by Hurricane Fiona (Sept. 29, 2022).
El USDA ayuda a los agricultores, ganaderos y comunidades afectadas por el huracán Fiona (Sept. 27, 2022).
USDA to Invest $8 Million to Expand Monitoring of Soil Carbon (Sept. 27, 2022).
FEDERAL EXECUTIVE AGENCIES (Federal Register Sept. 26–30, 2022):
Agricultural Marketing Service
87 FR 58711 Notice—Public Comment: “Cotton Board Rules and Regulations: Adjusting Supplemental Assessment on Imports (2022 Amendments)” (Sept. 28, 2022).
Agriculture Department
87 FR 59389 Notice: “Submission for OMB Review; Comment Request [Animal and Plant Health Inspection Service:Mycoplasma Bovis in Bison 2022 Case Control Study].” (Sept. 30, 2022).
87 FR 58475 Notice: “Submission for OMB Review; Comment Request [Food Safety and Inspection Service:Industry Response to Noncompliance Records].” (Sept. 27, 2022).
87 FR 58475 Notice: “Submission for OMB Review; Comment Request [National Agricultural Statistics Service: Organic Survey].” (Sept. 27, 2022).
87 FR 58476 Notice: “Submission for OMB Review; Comment Request [Food and Nutrition Service: FNS Generic Clearance for the FNS Fast Track Clearance for the Collection of Routine].” (Sept. 27, 2022).
Animal and Plant Health Inspection Service
87 FR 59389 Notice—Public Comment: “Notice of Request for Approval of an Information Collection; Handling Swine With Potential Vesicular Disease” (Sept. 30, 2022).
87 FR 58477 Notice: ”Notice of Decision To Authorize the Importation of Fresh Turmeric (Curcuma longa) Rhizome From Samoa Into the United States (Including Territories)” (Sept. 27, 2022).
87 FR 58478 Notice: “Notice of Decision To Revise Import Requirements for the Importation of Fresh Sand Pears From the Republic of Korea Into the United States” (Sept. 27, 2022).
Environmental Protection Agency
87 FR 59324 Final Rule: “Propamocarb; Pesticide Tolerances” (Sept. 30, 2022).
87 FR 59413 Notice—Public Comment: “Information Collection Request Submitted to OMB for Review and Approval; Comment Request; Ground-Water Monitoring Requirements (Renewal)” (Sept. 30, 2022).
87 FR 59025 Final Rule: “Benzovindiflupyr; Pesticide Tolerances” (Sept. 29, 2022).
87 FR 58999 Final Rule; Correction: “Significant New Use Rules on Certain Chemical Substances (19-4.F); Correction” (Sept. 29, 2022).
87 FR 58999 Final Rule: “Significant New Use Rules on Certain Chemical Substances (21-2.5e)” (Sept. 29, 2022).
Farm Credit Administration
87 FR 59416 Notice: “Sunshine Act Meetings” (Sept. 30, 2022).
Food and Drug Administration
87 FR 59441 Notice—Public Comment: “Animal Generic Drug User Fee Act; Public Meeting; Request for Comments” (Sept. 30, 2022).
Food and Nutrition Service
87 FR 58769 Notice—Public Comment: “Agency Information Collection Activities: Proposed Collection; Comment Request-Generic Clearance To Conduct Formative Research or Development of Nutrition Education and Promotion Materials and Related Tools and Grants for FNS Population Groups” (Sept. 28, 2022).
87 FR 58765 Notice—Public Comment: “Agency Information Collection Activities: Supplemental Nutrition Assistance Program: Performance Reporting System, Management Evaluation” (Sept. 28, 2022).
87 FR 58479 Notice—Public Comment: “Agency Information Collection Activities: State Administrative Expense Funds” (Sept. 27, 2022).
Food Safety and Inspection Service
87 FR 58764 Notice—Public Comment: “Notice of Request To Renew an Approved Information Collection: Permit To Transport Undenatured Inedible Meat Products” (Sept. 28, 2022).
International Trade Commission
87 FR 58821 Notice: Lemon Juice from Brazil and South Africa; Revised Schedule for the Subject Investigations (Sept. 28, 2022).
U.S. HOUSE AGRICULTURE COMMITTEE:
H.R.9119 “To provide for a program within the Forest Service to remediate the environmental damages caused by trespass cannabis cultivation, amend the Federal Insecticide, Fungicide, and Rodenticide Act to include criminal penalties for illegal pesticide application on Government property, and for other purposes.” Referred to the Committee on Agriculture among others (Sept. 30, 2022).
H.R.9088 “To prohibit the Secretary of the Interior and the Secretary of Agriculture from prohibiting the use of lead ammunition or tackle on certain Federal land or water under the jurisdiction of the Secretary of the Interior and the Secretary of Agriculture, and for other purposes.” Referred to the Committee on Natural Resources, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned (Sept. 30, 2022).
H.R.9087 “To restart onshore and offshore oil and gas leasing, streamline permitting for energy infrastructure, ensure transparency in energy development on Federal lands, and for other purposes.” Referred to the Committee on Natural Resources, and in addition to the Committees on Agriculture, among others (Sept. 29, 2022).
H.R.9069 “To amend the Food and Nutrition Act of 2008 to exclude from income for purposes of eligibility for the supplemental nutrition assistance program the basic allowance for housing received by members of the uniformed services.” Referred to the House Committee on Agriculture (Sept. 29, 2022).
H.R.9047 “To amend the Food, Conservation, and Energy Act of 2008 to establish a precision agriculture loan program, and for other purposes.” Referred to the House Committee on Agriculture (Sept. 29, 2022).
H.R.9035 “To amend the Federal Insecticide, Fungicide, and Rodenticide Act to prohibit new labeling changes on use of registered pesticides without notice, and for other purposes.” Referred to the House Committee on Agriculture (Sept. 29, 2022).
U.S. SENATE COMMITTEE ON AGRICULTURE, NUTRITION, AND FORESTRY:
S.5023 “A bill to improve disaster assistance programs of the Department of Agriculture, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry (Sept. 29, 2022).
S.5007 “A bill to amend the Agricultural Credit Act of 1978 to remove barriers to agricultural producers in accessing funds to carry out emergency measures under the emergency conservation program, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry (Sept. 29, 2022).
S.4971 “A bill to require the Secretary of Agriculture to establish an innovative agricultural technology pilot program, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry (Sept. 28, 2022).
S.4967 “A bill 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.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry (Sept. 27, 2022).
S.4954 “A bill to amend the Farm Credit Act of 1971 to make foreign persons ineligible for Farm Credit System institution financing, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry (Sept. 27, 2022).
STATE ACTIONS—EXECUTIVE & LEGISLATIVE
PENNSYLVANIA DEPARTMENT OF AGRICULTURE PRESS RELEASES:
Secretary Of Agriculture Reveals 2023 PA Farm Show Theme: Rooted In Progress (Sept. 30, 2022).
Keystone International Livestock Expo To Feature Nation’s Finest, Build Skills In Tomorrow’s Agriculture Leaders (Sept. 30, 2022).
Wolf Administration Highlights Improved Access To Hands-On Ag Education (Sept. 26, 2022).
PENNSYLVANIA EXECUTIVE AGENCIES (Pa. Bulletin Vol. 52, No. 39—Sept. 17, 2022 & No. 40—Oct. 1, 2022):
Department of Agriculture
52 Pa.B. 6195 Notice: “Controlled Plant and Noxious Weed Committee Public Meeting” (Oct. 1, 2022).
52 Pa.B. 6047 Notice: “Commercial Feed Ingredients.” (Sept. 24, 2022).
52 Pa.B. 6047 Notice: “Fertilizer Terms and Definitions” (Sept. 24, 2022).
Department of Environmental Protection
52 Pa.B. 6265 Notice: “Nutrient Credit Trading Program; Mass Certifications for Significant Sewage Point Source Discharges in the Chesapeake Bay Watershed with Cap Loads” (Oct. 1, 2022).
52 Pa.B. 6265 Notice: “Public Notice of Draft National Pollutant Discharge Elimination System General Permit for Operation of Concentrated Animal Feeding Operations (PAG-12)” (Oct. 1, 2022).
52 Pa.B. 6198 Notice: “Applications, Actions and Special Notices” (Oct. 1, 2022).
52 Pa.B. 6050 Notice: “Applications, Actions and Special Notices” (Sept. 24, 2022).
PENNSYLVANIA LEGISLATURE
No new actions this week.
Written by:
Dillon Lightfoot—Research Assistant
Megan Guess—Research Assistant
Audry Thompson—Staff Attorney
Brook Duer—Staff Attorney