Agricultural Law Weekly Review
The Agricultural Law Weekly Review provides an update of recent agricultural law developments from local, state, national, and international levels. Subscribe for updates.
Agricultural Law Weekly Review—May 14, 2020
COVID-19: Farmers to Families Food Box Program Grants First Procurement Contracts
On May 8, 2020, USDA’s Agricultural Marketing Service (AMS) announced the awarding of $1.2 billion in contracts to purchase and distribute agricultural commodities to food insecure U.S. residents via the newly-renamed “Farmers to Families Food Box” Program. This program was announced on April 17, 2020, and funded by a $3 billion appropriation from the Families First Coronavirus Response Act enacted on March 27, 2020. Pennsylvania-based vendors entering contracts with AMS are: ALL Holding Company, LLC of Harleysville ($18,000, Precooked Meat Box); Brian Campbell Farms of Berwick ($900,000- Fresh Fruit/Fresh Vegetable Box); Dertstine’s […]
Agricultural Law Weekly Review—May 7, 2020
Dairy Policy: Justice Department Concludes Investigation of Dean Foods Asset Sale
On May 1, 2020, the U.S. Department of Justice Antitrust Division (DOJ) announced that it had concluded its investigation into Dairy Farmers of America, Inc.’s (DFA) bankruptcy auction purchase of the substantial majority of dairy processing assets of Chapter 11 bankruptcy debtor Dean Foods (Dean). Its conclusion is embodied in the civil antitrust lawsuit filed that same day in the U.S. District Court for the Northern District of Illinois stating its opposition to the bankruptcy sale agreement unless DFA excluded from the purchase three specific Dean fluid milk processing plants (in Harvard, Illinois; […]
Agricultural Law Weekly Review—April 30, 2020
COVID-19: President Delegates Defense Production Act Authority to USDA Secretary to Ensure Continued Supply of Meat and Poultry
On April 28, 2020, President Donald Trump issued an Executive Order, titled “Delegating Authority Under the DPA with Respect to Food Supply Chain Resources During the National Emergency Caused by the Outbreak of COVID-19.” This Executive Order delegates authority to USDA Secretary Sonny Perdue “to ensure the continued supply of meat and poultry” by taking “all appropriate action” under the The Defense Production Act of 1950, as amended (50 U.S.C. App. 2061 et seq.) (DPA), “to ensure that meat and poultry processors […]
Agricultural Law Weekly Review—April 23, 2020
COVID-19: USDA Announces Coronavirus Food Assistance Program:
On April 17, 2020, USDA announced the administrative creation of the Coronavirus Food Assistance Program, utilizing $19 billion of Coronavirus Aid, Relief, and Economic Security Act (CARES) and Families First Coronavirus Response Act (FFCRA) authority and appropriations. The program’s primary initiatives are titled (1) Direct Support to Farmers and Ranchers; and (2) USDA Purchase and Distribution. The Direct Support program will use $16 million for producer compensation for 2020 marketing year actual losses resulting from price, supply chain, demand, and over-supply impacts of COVID-19. The USDA Purchase program will use $3 billion to purchase three categories of food from producers (fresh produce, dairy, […]
Agricultural Law Weekly Review—April 16, 2020
Avian Influenza: Highly Pathogenic Avian Influenza Detected in South Carolina:
On April 9, 2020, USDA Animal & Plant Health Inspection Service (APHIS) announced the confirmed presence of H7N3 highly pathogenic avian influenza (HPAI) in a commercial turkey flock in Chesterfield County, South Carolina. APHIS stated that there is no immediate human health concern. A report issued by APHIS to the World Organization for Animal Health (OIE) states that 34,160 turkeys were “suspectible,” 1,583 died, and 32,577 were culled. APHIS also stated that this is the first confirmed case of HPAI in commercial poultry in the United States since 2017, and it appears […]
Agricultural Law Weekly Review—April 9, 2020
Agricultural Transportation: FMCSA Extends Trucking Hours of Service Waiver
On April 8, 2020, the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) issued an extension and expansion of its COVID-19 emergency declaration, most notably extending its applicability to May 15, 2020. The declaration was originally issued on March 13, 2020, and previously expanded on March 18, 2020. Of particular importance to agriculture, it provides, among other things, a waiver of hours of service requirements for the transport of food, feed, livestock, and “immediate precursor raw materials . . . that are required to be used for the manufacture” of food.
Food Safety: FDA Shell […]
Agricultural Law Weekly Review—April 2, 2020
COVID-19 Pandemic: Congress Enacts Three Laws Providing Pandemic Assistance
Over the last few weeks, the U.S. Congress has enacted three new federal laws providing COVID-19 pandemic assistance benefits and programs to individuals and businesses, including agricultural stakeholders.
On March 5 and 6, 2020, respectively, Congress enacted and the President signed the Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020, H.R. 6074 (P.L. 116-123), providing $8.3 billion in emergency funding, which includes appropriations for several Small Business Administration (SBA) financial assistance and loan programs for which agricultural producers are eligible.
On March 18, 2020, Congress enacted and the President signed the Families First […]
Agricultural Law Weekly Review—March 26, 2020
Dairy Policy: Dean Foods Bankruptcy Asset Sale Proceeds Without DFA as Pre-Negotiated Opening Bidder
On March 19, 2020, a hearing was conducted in the Dean Foods Chapter 11 bankruptcy, pending in the U.S. Bankruptcy Court for the Southern District of Texas, Case #19-36313, on a motion filed by Debtor Southern Foods Group, LLC and forty-two affiliated companies (Dean Foods) to amend the February 17, 2020, “Bidding Procedures for Sale of Debtors’ Assets” Order. That Order established dairy producer cooperative Dairy Farmers of America, Inc. (DFA) as what is referred to in bankruptcy terminology as a “Stalking Horse Bidder” whose bid […]
Agricultural Law Weekly Review – March 19, 2020
International Trade: Canada Formally Approves USMCA
On March 13, 2020, The Canadian House of Commons approved, the Canadian Senate approved, and Canada’s Governor General gave royal assent to legislation that formally represents Canada’s agreement to the terms of the United States Mexico Canada Trade Agreement (USMCA). Canada was the final government to formally approve the USMCA. For more on the USMCA, see the Agricultural Law Weekly Review of January 23, 2020, titled “International Trade: USMCA Receives Congressional Approval, Awaits President’s Signature.”
Ag Transportation: Expanded Emergency Declaration Relaxes Hours of Service Trucking Rules For Food and Other Cargo until April 12, […]
Agricultural Law Weekly Review—March 12, 2020
Food Safety: U.S. Customs Agricultural Inspection Workforce Expanded
On March 3, 2020, President Trump signed into law Senate Bill 2107, now designated as Public Law No. 116-122, titled “Protecting America’s Food and Agriculture Act of 2019.” This legislation authorizes the U.S. Customs and Border Protection (CBP) to annually hire up to two-hundred forty (240) and two-hundred (200) new CBP Agriculture Specialists and CBP Agriculture Technicians respectively. The gross number of each employee type to be achieved and maintained is determined by an annual calculation of CBP’s need. The law also provides an escalating yearly appropriation for federal fiscal years 2020 […]
