Industrial Hemp
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 – September 13, 2019
Water Quality: EPA Seeks Comment on Water Quality Trading Policy
On September 5, 2019, U.S. Environmental Protection Agency (EPA) Administrator Andrew Wheeler announced that the agency is seeking comment on guidance issued in the memorandum, Updating the EPA’s Water Quality Trading Policy to Promote Market-Based Mechanisms for Improving Water Quality. Specifically, EPA requests comment on one of the principles outlined in the memo which states that EPA “encourages simplicity and flexibility in implementing baseline concepts.” The memo asks stakeholders to consider the best way to apply the load allocation baseline in order to improve water quality. Under the Clean Water Act, […]
Agricultural Law Weekly Review – September 5, 2019
Antitrust: USDA Announces Investigation into Tyson Foods Following Plant Fire
On August 28, 2019, U.S. Department of Agriculture, Secretary Sonny Perdue announced an investigation into beef pricing margins following a recent fire at the Tyson Foods beef plant in Holcomb, Kansas. Tyson Foods stated in a press release that the company maintains several Kansas plants, which created a $2.4 billion impact on the state in 2018. The investigation will be conducted by the Packers and Stockyards Division (PSD) to determine whether standards for unfair practices were violated. PSD will look for “evidence of price manipulation, collusion, [and] restrictions of competition.” The National Cattlemen’s Beef Association […]
Agricultural Law Weekly Review—August 8, 2019
Pesticides: California Couple Agrees to Reduced Roundup Damage Award
On July 26, 2019, Plaintiffs Alva and Alberta Pilliod agreed to reduce a jury award from over $2 billion to over $86 million for alleged harm caused by Monsanto Company’s glyphosate-based weed killer Roundup (Pilliod, et al. v. Monsanto Company, et al. Case No RG17862702). The Pilliods alleged that exposure to Roundup caused them both to develop non-Hodgkin’s lymphoma. On May 13, 2019, a California jury found that Monsanto Company’s actions regarding its product Roundup entitled Mr. Pilliod to over $37 million for economic and noneconomic loss and $1 billion in punitive […]
Agricultural Law Weekly Review—July 4, 2019
Agricultural Policy: Seven Pennsylvania Agricultural Bills Become Law
On July 1, 2019, Pennsylvania Governor Tom Wolf approved seven different agricultural bills into law.
First, HB 1514 revised and re-established the existing Healthy Farms Healthy Schools program into the PA Farm-to-School Program. Now known as Act 34, the legislation seeks to educate students in pre-kindergarten through fifth grade about agriculture and “the importance of choosing healthy, locally produced foods.”
Second, HB 1516 created the Pennsylvania Rapid Response Disaster Readiness Account. Now known as Act 35, the legislation seeks to provide emergency funds to enable the PA Department of Agriculture to quickly respond […]
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 […]
