Agricultural Data
Agricultural Law Weekly Review—September 10, 2024
Deadline Extended! Register by Sept. 12, 2024, noon (ET) for the Pennsylvania Agricultural Law Symposium!
Pesticides: Third Circuit Finds FIFRA Preempts State Law Label Warning Requirement 🌾
On August 15, 2024, the U.S. Court of Appeals for the Third Circuit issued a precedential opinion reversing the lower court’s judgment—which was jointly stipulated by the parties for the purpose of appeal—and holding that the state-law duty to include a cancer warning label on the glyphosate-based herbicide Roundup is preempted by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). David Schaffner, Jr. v. Monsanto Corp, No. 22-3075; […]
Agricultural Law Weekly Review—March 25, 2024
Food Labeling: USDA Publishes Final ‘Product of USA’ Rule for Meat, Poultry, and Eggs 🌾
On March 18, 2024, the U.S. Department of Agriculture’s (USDA) Food Safety and Inspection Service (FSIS) published in the Federal Register a final rule (89 FR 19470) amending 9 C.F.R. §§ 317, 381, and 412 to “generically approve” the “voluntary ‘Product of USA’ or ‘Made in the USA’ label claim[s] . . . [for] use[] on meat, poultry and egg products only when they are derived from animals born, raised, slaughtered and processed in the United States” (emphasis added). Also announced […]
Agricultural Law Weekly Review—February 20, 2024
Pesticides/Herbicides: EPA Issues Existing Stocks Order for Three Dicamba Products After Registration Vacatur 🌾
On February 14, 2024, the U.S. Environmental Protection Agency (EPA) issued an existing stocks order for the dicamba-based herbicides XtendiMax, Enginia, and Tavium following vacatur of the herbicides’ registrations. See ALWR—Feb. 13, 2024, “District Court Issues Order Vacating Three Dicamba Registrations.” The order permits the “limited sale and distribution of dicamba [over-the-top] products that were already in the possession of growers or in the channels of trade and outside the control of pesticide companies as of February 6, 2024.” Also announced by EPA, […]
Agricultural Law Weekly Review—February 13, 2024
Dairy Policy: Federal Milk Marketing Order Hearing Ends, Brief Filing Open Until April 1 🌾
On February 2, 2024, the U.S. Department of Agriculture (USDA) received an order “Notification to the Hearing Clerk Pursuant to 7 CFR § 900.10” for the National Federal Milk Marketing Order Pricing Formula Hearing, which began on August 23, 2023 and ended after forty-nine days on January 30, 2024. According to the notice, 511 exhibits were introduced in the hearing. Additionally, USDA’s Agricultural Marketing Service (AMS) will publish forty-nine volumes of the hearing transcript on its website. Proposed transcript corrections may be […]
Agricultural Law Weekly Review—October 30, 2023
National Agricultural Policy: USDA Allocates $2.3 Billion in CCC Funds for Trade Promotion, Surplus Commodity Purchases 🌾
On October 24, 2023, U.S. Department of Agriculture (USDA) Secretary Tom Vilsack announced that USDA will allocate $2.3 billion in Commodity Credit Corporation (CCC) funds for agricultural trade promotion and international food aid. According to the announcement, $1.3 billion will fund a new Regional Agricultural Promotion Program and $1 billion will fund purchases of surplus U.S. commodities for distribution through USAID. See also ALWR—Oct. 2, 2023, “GAO Decision Finds USDA’s Use of Commodity Credit Corporation Funds Lawful.”
Technology: USDA Rural Development Allows Loan, […]
Agricultural Law Weekly Review—September 4, 2023
WOTUS: EPA and Army Issue ‘Waters of the United States’ Pre-Publication Final Rule 🌾
On August 29, 2023, the U.S. Environmental Protection Agency (EPA), with the U.S. Department of the Army, announced that the agencies had released a pre-publication final rule and regulatory text changes to amend the definition of “Waters of the United States” (WOTUS) in accordance with Sackett v. EPA. According to an accompanying fact sheet released by the agencies, the final rule omits “interstate wetlands” from the “interstate waters” jurisdictional language and “wetlands and streams” from the “additional waters” jurisdictional language; removes the […]
Agricultural Law Weekly Review—March 13, 2023
Biotechnology: U.S. Trade Representative Announces USMCA Technical Consultations On Mexican GMO Corn Ban 🌾
On March 6, 2023, the Office of the U.S. Trade Representative (USTR) announced that it is requesting technical consultations with Mexico “regard[ing] certain Mexican measures concerning products of agricultural biotechnology,” i.e., Mexico’s February 13, 2023, decree prohibiting import of genetically modified corn for human consumption. USTR initiates the technical consultations under Article 9.19 of Sanitary and Phytosanitary Measures (SPS) Chapter of the United States–Mexico–Canada Agreement (USMCA). According to a statement issued by USDA Secretary Vilsack, the United States “remain[s] firm in […]
Agricultural Law Weekly Review—Week Ending September 2, 2022
Agricultural Data: USDA Announces 2022 Census of Agriculture Details 🌾
On August 29, 2022, the U.S. Department of Agriculture’s (USDA) National Agricultural Statistics Service (NASS) announced that the agency will soon be mailing and accepting questionnaires for the 2022 Census of Agriculture. The Census of Agriculture includes all sizes of urban and rural farm operations that produced and sold at least $1,000 worth of agricultural products. The census will survey producers on multiple issues, including land use and ownership, producer characteristics, farming practices, and income and expenses. The 2022 survey contains new questions on hemp production, hair sheep, […]
Agricultural Law Weekly Review—Week Ending July 15, 2022
Enacted Pennsylvania 2022-23 Budget Includes $25 Million in HPAI Poultry Grower Assistance Grants and $220 Million in New Clean Streams Fund; Last HPAI Quarantine Control Zone Released 🌾
On July 8, 2022, Pennsylvania Governor Tom Wolf signed into law Act No. 1A of 2022, formerly known as Senate Bill 1100, titled the “General Appropriation Act of 2002” and Act No. 54 of 2022, formerly known as House Bill 1421, commonly referred to as the “2022-2023 Fiscal Code Bill,” both of which together provide the primary state fiscal year 2022-23 budget for the Commonwealth of Pennsylvania government. The most succinct summary of […]
Agricultural Law Weekly Review—week ending December 4, 2020
Dean Foods Bankruptcy: Dean Foods Bankruptcy Estate Threatens Dairy Producers with Lawsuits to Recoup Alleged “Preference” Payments
On November 24, 2020, a commercial collections law firm named ASK LLP, headquartered in St. Paul, Minnesota and hired to represent the Southern Foods Group, LLC formerly d/b/a Dean Foods (“Dean”) Chapter 11 bankruptcy estate, mailed demand letters asserting legal claims for the repayment of milk check proceeds against thousands of dairy producers (including cooperatives) throughout the United States. The claims seek the recovery of milk checks received from Dean within ninety days preceding Dean’s filing of bankruptcy (i.e. between August 14, […]
