Organic Agriculture
Agricultural Law Weekly Review—Week Ending March 26, 2021
COVID-19: USDA Announces New ‘Pandemic Assistance for Producers’ Initiative 🌾
On March 24, 2021, the U.S. Department of Agriculture announced its new $6 billion financial assistance initiative, USDA Pandemic Assistance for Producers. Combining existing programs with new spending, the initiative aims to resolve disparities in previous assistance distribution through a four-part agenda: 1) $6 billion in Consolidated Appropriations Act and unspent coronavirus funds for new program spending, including assistance for the Dairy Donation Program, biofuels, specialty crops, and farmworker personal protective equipment; 2) $500 million in additional existing program spending, including the Specialty Crop Block Grant Program and […]
Agricultural Law Weekly Review—week ending January 8, 2021
COVID-19: USDA Announces Fifth Round of Food Box Purchases
On January 4, 2021, the U.S. Department of Agriculture announced a fifth round of food purchases of $1.5 billion for the Farmers to Families Food Box Program. The funding for this fifth round was provided through the COVID-19 relief funding legislation signed into law on December 27, 2020, the Consolidated Appropriations Act (see “$900 Billion Appropriations Act Includes $13 Billion in COVID-19 Relief for Agriculture,” ALWR—week ending January 1, 2021). USDA will solicit offers from more than 240 suppliers with previous Basic Ordering Agreements (BOA) and issue awards by January 19, 2021. USDA states that it will amend the BOA to include pre-cooked seafood products, which may now be combined […]
Agricultural Law Weekly Review—week ending August 7, 2020
COVID-19: Michigan Requires COVID-19 Testing for Agricultural Employees
On August 3, 2020, Michigan Department of Health and Human Services (MDHHS) announced the issuance of an Emergency Order by its director titled, “Mandatory Testing, Preventative Measures, and Safe Housing for Agricultural Workers.” Supported by the governor’s Executive Orders 2020-111 (June 1, 2020), 2020-137 (June 29, 2020), and 2020-161 (July 29, 2020), the Emergency Order requires agricultural employers and housing operators to provide COVID-19 testing for workers and residents. According to the order, housing operators must provide “one-time baseline testing” for all residents ages eighteen and over and […]
Agricultural Law Weekly Review—week ending July 17, 2020
Dairy Policy: PA Milk Marketing Board Executes Dean Foods Bond Claims
On July 8, 2020, the Pennsylvania Milk Marketing Board (PMMB) issued multiple consent orders establishing over $9.2 million in claims against the Milk Dealer Corporate Surety Bonds of four Dean Foods subsidiaries for failing to pay dairy farmer cooperative Dairy Farmers of America (DFA) for Pennsylvania-produced milk delivered to Dean Foods facilities during the course of the Dean Foods bankruptcy. Bond claims were filed against Dean Dairy Holdings, LLC ($900,198.79); Garelick Farms, LLC Burlington ($3,262,196.63); Suiza Dairy Group, LLC ($13,420.80); and Tuscan/Lehigh Dairies, Inc.— Lansdale and […]
Agricultural Law Weekly Review – October 10, 2019
On September 30, 2019, the Internal Revenue Service (IRS) announced a one-year extension for farmers to replace livestock sold in response to severe drought conditions. According to Notice 2006-82, qualifying sales are limited to livestock owned for draft, dairy, or breeding purposes. The livestock must have been sold entirely on account of drought, and the farmer or rancher must have qualified for the four-year replacement period. Farmers in applicable regions may now delay replacing livestock until the end of the tax year following the “first drought-free year” and may also defer capital […]
Agricultural Law Weekly Review—August 22, 2019
Right to Farm Laws: Missouri CAFO Closes Following Nuisance Lawsuits
On August 19, 2019, Valley Oaks Steak Co. announced that the Missouri-based company was closing operations due to numerous lawsuits following a proposed expansion of a concentrated feeding operation (CAFO). Previously, on July 30, 2019, the law firm of Humphrey, Farrington & McClain (HFM) announced that 141 property owners had filed suit in the Jackson County Circuit Court regarding a proposed CAFO expansion located in Lone Jack, Missouri. According to HFM, the CAFO—which is owned by Valley Oaks Steak Co.—has been in operation since 2016. HMF stated that Valley Oaks Steak Co. was seeking […]
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 […]
