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Agricultural Law Weekly Review – February 28, 2020

Food Labeling: Pennsylvania Department of Agriculture Provides Whole Milk Labeling Guidance
On February 19, 2020, the Pennsylvania Department of Agriculture, Bureau of Food Safety issued a guidance document to Pennsylvania dairy processors outlining what methodology can be employed in labeling the fat content of whole milk.  In March 2019, a collection of Pennsylvania dairy farmers formed an advocacy group called “97 Milk, LLC,” which advocates for whole milk consumption and designating whole milk as ‘97% Fat Free.’  However, the guidance document states that, according to FDA, a ‘% Fat Free’ label can only be employed on 1% Low Fat or Skim milk […]

February 27th, 2020|Tags: , , , , |

Shale Law Weekly Review – February 17, 2020

Economic Development: Pennsylvania Congress Approves Energy Manufacturing Tax Credit
On February 4, 2020, Pennsylvania’s House and Senate approved HB 1100, amending the 1971 Tax Reform Code and establishing a tax credit for natural gas “purchased and used in manufacturing of petrochemicals or fertilizers.” The bill was sponsored by Representative Aaron Kaufer as part of the “Energize PA Legislative Package.”  According to the House co-sponsorship memoranda, the bill is “designed to make Pennsylvania attractive to outside businesses, create family-sustaining jobs and provide economic benefits to underserved regions.”  The bill would create a tax credit for manufacturers that use natural gas to produce petrochemicals or fertilizers, invest […]

February 17th, 2020|Tags: , , , , |

Agricultural Law Weekly Review – October 10, 2019

Taxation: IRS Announces Livestock Replacement Extension for Farmers Affected by Drought.
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 […]
October 23rd, 2019|Tags: , , , , |

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 […]