Dairy Policy
Agricultural Law Weekly Review – October 17, 2019
Agricultural Law Weekly Review – September 26, 2019
On September 20, 2019, the U.S. Department of Labor (DOL) announced the publication of a final rule lifting a requirement that employers seeking H-2A worker certification advertise available job openings in print newspapers (20 CFR 655). In accordance with the Immigration and Nationality Act (INA), employers seeking to hire foreign workers on H-2A nonimmigrant provisions must demonstrate the lack of “able, willing, and qualified” candidates within the United States. This “labor market test” required employers to place at least two separate print advertisements in an area newspaper with one appearing on a Sunday […]
Agricultural Law Weekly Review—July 18, 2019
Dairy Policy: PA Milk Marketing Board Proposes Extension to Notice Requirement to Terminate Dealer-Producer Contracts
On July 13, 2019, the Pennsylvania Milk Marketing Board (MMB) published notice in the Pennsylvania Bulletin of a proposed rule to extend the Commonwealth’s dairy dealer-producer contract termination notice requirement from 28 days to 90 days (49 Pa.B. 3606). According to MMB, the proposed extension is to allow dairy producers additional time to secure alternate outlets for their products prior to a termination. The proposed rule, however, does provide dealers with an exception to the 90-day termination notice requirement if the dealer experiences “financial hardship, […]
Agricultural Law Weekly Review—July 11, 2019
Farmland Preservation: PA Governor Approves Agricultural Conservation Easement Legislation
On July 1, 2019, Pennsylvania Governor Tom Wolf approved legislation amending the Commonwealth’s Agricultural Area Security Law (AASL) to allow landowners to voluntarily surrender the right to construct an additional residence on land subject to a conservation easement (HB 370). Previously, AASL stated that a conservation easement “shall not prevent…[c]onstruction and use of structures on the subject land for the landowner’s principal residence or for the purpose of providing necessary housing for seasonal or full-time employees: Provided, That only one such structure may be constructed on no more than […]
Agricultural Law Weekly Review—June 20, 2019
Air Quality: EPA Issues Final Rule Exempting Animal Waste Air Emissions from EPCRA Reporting
On June 13, 2019, the U.S. Environmental Protection Agency (EPA) published notice in the Federal Register of a final rule amending the reporting regulations under the Emergency Planning and Community Right-to-Know Act (EPCRA) (84 FR 27533). Under the final rule, air emissions from animal waste at farms is specifically exempted from EPCRA reporting requirements. Additionally, EPA stated that the final rule adds definitions to the terms “animal waste” and “farm” to the EPCRA regulations so as “to delineate the scope of this reporting exemption.” The final rule […]
