Industrial Hemp
Agricultural Law Weekly Review—March 5, 2020
Invasive Species: Pennsylvania Spotted Lanternfly Quarantine Order Expanded
On March 3, 2020, the Pennsylvania Department of Agriculture announced that, effective March 2, 2020, the following twelve counties have been added by amendment to the geographic scope, and are therefore now subject to the requirements, of the Spotted Lanternfly Quarantine Order of May 26, 2018: Allegheny, Beaver, Blair, Columbia, Cumberland, Huntingdon, Juniata, Luzerne, Mifflin, Northumberland, Perry, and York. The amendment will be published in the Pennsylvania Bulletin on March 14, 2020.
Industrial Hemp: USDA Approves Three More State Hemp Production Plans, Including Pennsylvania
On February 26, 2020, and again on March 3, 2020, […]
Agricultural Law Weekly Review—February 13, 2020
National Agricultural Policy: USDA Inspector General Confirms Investigation of Trade Aid Package
On February 11, 2020, USDA Inspector General Phyllis K. Fong confirmed during testimony before the U.S. House of Representatives Committee on Appropriations’ Subcommittee on Agriculture that her office is conducting an investigation of the legal authority and administration of the so-called “Trade Aid Packages” for 2018 and 2019. The trade aid packages were undertaken by USDA pursuant to Section 5 of the Commodity Credit Corporation (CCC) Charter Act of 1948, 15 U.S.C. 714 et seq., to compensate agricultural producers for lost revenue due to Chinese tariff retaliation and trade […]
Agricultural Law Weekly Review—February 6, 2020
Pesticides: EPA Issues Interim Glyphosate Registration Review Decision
On February 3, 2020, the U.S. Environmental Protection Agency (EPA) published notice of the availability of EPA’s interim registration review decision for glyphosate under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). According to EPA’s decision, glyphosate is “not likely to be carcinogenic to humans.”
- FIFRA requires that a federal pesticide registration be reviewed at least every 15 years to ensure the pesticide performs its intended function without “unreasonable adverse effects on the environment,” measured as “any unreasonable risk to man or the environment” or the existence of “a human dietary risk from […]
Agricultural Law Weekly Review – January 23, 2020
International Trade: USMCA Receives Congressional Approval, Awaits President’s Signature
On January 16, 2020, the U.S. Congress completed the statutory approval process for the United States-Mexico-Canada Agreement (USMCA). It now awaits the formal application of the President’s signature, which has yet to be scheduled. Pursuant to the Bipartisan Congressional Trade Priorities and Accountability Act of 2015, 19 U.S.C. 4201 et seq., (generally referred to as “Trade Promotion Authority” or “TPA”), Congress granted approval through passage of HR 5430, titled the United States-Mexico-Canada Agreement Implementation Act. HR 5430 was introduced on December 13, 2019, passed the U.S. House by a 385-41 […]
Agricultural Law Weekly Review —January 1, 2020
Industrial Hemp: USDA Issues its First Approvals of State Hemp Production Plans
On December 27, 2019, USDA announced the first approvals of six state and/or tribal Hemp Production Plans submitted pursuant to its October 31, 2019, Interim Final Rule on U.S. Domestic Hemp Production. Three tribal plans were approved as well as three state plans — for Louisiana, New Jersey and Ohio. USDA maintains a web page titled “Status of State and Tribal Hemp Production Plans for USDA Approval,” containing status information for 33 states including electronic copies of the three approved state plans. Seventeen states are listed as “Under Review:” Alabama, […]
Agricultural Law Weekly Review —December 19, 2019
International Trade: United States and China Reach “Phase One” Trade Agreement
On December 13, 2019, the White House announced a “Phase One trade deal” with China that requires “changes to China’s economic and trade regime,” including agricultural trade, and “a commitment by China to make substantial additional purchases of U.S. goods in the coming years.” However, no specific details have yet been provided in writing by either the White House or the Office of the United States Trade Representative (USTR). The text of a Fact Sheet on the USTR website […]
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 – October 31, 2019
Industrial Hemp/Cannabis: USDA Releases Interim Final Rule for Domestic Hemp Production
On October 29, 2019, USDA publicly announced and released the text of its interim regulations governing domestic hemp production. The interim final rule implements Section 10113 of the 2018 Farm Bill and various new sections of the Agricultural Marketing Act of 1946, which it amended. Once published in the Federal Register, the rule will be immediately effective and expire after two years. In the meantime, there will be a 60-day comment period and thereafter USDA anticipates issuing its final rule. The rule adds new part 990 (“Domestic Hemp Production”) to 7 CFR. As stated […]
