Animal Welfare
Agricultural Law Weekly Review—week ending July 3, 2020
COVID-19: Paycheck Protection Program Extended
On June 30 and July 1, 2020, the U.S. Senate and the U.S. House of Representatives respectively passed S.4116, which extends the June 30, 2020 Paycheck Protection Program application deadline to August 8, 2020. The bill awaits the President’s signature.
Crop Insurance: Notice of Loss Filing Requirements Eased
On July 2, 2020, the U.S. Department of Agriculture (USDA) Farm Service Agency (FSA) announced several “flexibilities” for producers filing a Notice of Loss on both insured and uninsured crops for prevented planted acres and failed crops. RMA states that a Notice of Loss “can be filed before completing the crop acreage report,” […]
Agricultural Law Weekly Review—week ending June 26 , 2020
Pesticides: Bayer Announces Settlement of Glyphosate Exposure and Dicamba Drift Claims
On June 24, 2020, Bayer announced that it will make a settlement payment of $8.8 billion to $9.6 billion to settle “approximately 75%” of current glyphosate personal injury chemical exposure lawsuits, including the claims contained in the multi-district litigation consolidated for judicial administration in the U.S. District Court for the Northern District of California, as well as a payment of $1.25 billion to settle future claims through a class action process to be established. The settlement does not include the three California bellwether jury verdicts returned so far, […]
Agricultural Law Weekly Review—May 14, 2020
COVID-19: Farmers to Families Food Box Program Grants First Procurement Contracts
On May 8, 2020, USDA’s Agricultural Marketing Service (AMS) announced the awarding of $1.2 billion in contracts to purchase and distribute agricultural commodities to food insecure U.S. residents via the newly-renamed “Farmers to Families Food Box” Program. This program was announced on April 17, 2020, and funded by a $3 billion appropriation from the Families First Coronavirus Response Act enacted on March 27, 2020. Pennsylvania-based vendors entering contracts with AMS are: ALL Holding Company, LLC of Harleysville ($18,000, Precooked Meat Box); Brian Campbell Farms of Berwick ($900,000- Fresh Fruit/Fresh Vegetable Box); Dertstine’s […]
Agricultural Law Weekly Review—April 30, 2020
COVID-19: President Delegates Defense Production Act Authority to USDA Secretary to Ensure Continued Supply of Meat and Poultry
On April 28, 2020, President Donald Trump issued an Executive Order, titled “Delegating Authority Under the DPA with Respect to Food Supply Chain Resources During the National Emergency Caused by the Outbreak of COVID-19.” This Executive Order delegates authority to USDA Secretary Sonny Perdue “to ensure the continued supply of meat and poultry” by taking “all appropriate action” under the The Defense Production Act of 1950, as amended (50 U.S.C. App. 2061 et seq.) (DPA), “to ensure that meat and poultry processors […]
Agricultural Law Weekly Review—April 9, 2020
Agricultural Transportation: FMCSA Extends Trucking Hours of Service Waiver
On April 8, 2020, the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) issued an extension and expansion of its COVID-19 emergency declaration, most notably extending its applicability to May 15, 2020. The declaration was originally issued on March 13, 2020, and previously expanded on March 18, 2020. Of particular importance to agriculture, it provides, among other things, a waiver of hours of service requirements for the transport of food, feed, livestock, and “immediate precursor raw materials . . . that are required to be used for the manufacture” of food.
Food Safety: FDA Shell […]
Agricultural Law Weekly Review – January 30, 2020
WOTUS: EPA Releases New Navigable Waters Protection Rule to Replace 2015 WOTUS Rule
On January 23, 2020, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers (collectively “EPA”) announced the issuance of the Navigable Waters Protection Rule. This long-awaited rule will provide a new regulatory definition of “waters of the United States” for the purpose of establishing the limits of EPA’s regulatory jurisdiction under the Clean Water Act (CWA). It will be published in the Federal Register as a final rule, without any additional comment period, and its effective date will be sixty days after publication. To date, the Federal […]
Agricultural Law Weekly Review —December 5, 2019
Rural Landowner Rights: Two Acts Revamp PA Trespassing and Sunday Hunting
On November 27, 2019, Pennsylvania Governor Tom Wolf signed into law two bills that affect the property rights of rural, undeveloped and agricultural landowners.
- House Bill 1772, now known as Act 103 of 2019 is effective January 26, 2020, and allows for the use of vertical purple lines painted on trees or posts to provide notice against trespassing under the PA Crimes Code. The purple paint lines must be within 100 feet from each other, at least eight inches long, one inch wide, must be […]
Agricultural Law Weekly Review —November 28, 2019
Agricultural Labor: House Judiciary Committee Acts on Farm Workforce Modernization Bill
On November 20, 2019, the United States House of Representatives’ Judiciary Committee passed out of committee H.R. 5038, titled “Farm Workforce Modernization Act,” by a vote of 18-12. The passage out of the Judiciary committee is a first step for the bill which was introduced on November 12, 2019, with 25 Democratic and 23 Republican co-sponsors. It remains under consideration in three other House committees. The bill is the first farm workforce bill to be advanced out of any committee in 2019 and may become a focus of farm workforce […]
Agricultural Law Weekly Review —November 21, 2019
Invasive Species: USDA Restricts Imports of Tomatoes and Peppers to Prevent Tomato Brown Rugose Fruit Virus
On November 15, 2019, the USDA’s Animal and Plant Health Inspection Service (APHIS) announced a Federal Order (DA-2019-28) restricting the import of tomato and pepper fruits, seed lots, and transplants, effective Friday, November 22, 2019, in order to prevent the introduction of tomato brown rugose fruit virus (ToBRFV) into the United States. ToBRFV naturally infects tomato and pepper plants and can cause discoloration, deformation and irregular maturation, resulting in excessive fruit loss. The virus spreads easily through contact between infected plant parts, seeds, contaminated tools […]
Agricultural Law Weekly Review – November 14, 2019
Dairy Policy: Dean Foods Files Chapter 11 Bankruptcy Petition and Discloses Sale Negotiations to Dairy Farmers of America
On November 12, 2019, Southern Foods Group, LLC d/b/a Dean Foods, and forty-two (42) affiliated companies (collectively referred to as “Dean”) filed Chapter 11 reorganization bankruptcy petitions in the U.S. Bankruptcy Court for the Southern District of Texas, Houston Division. All of the bankruptcy proceedings are being jointly administered under Case No. 19-36313. The firm of Epiq Corporate Restructuring, LLC, is retained as Dean’s bankruptcy administrative agent and maintains a website disseminating all legally-required public information about the proceedings, including the court dockets and […]
