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—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 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 […]
Agricultural Law Weekly Review—February 20, 2020
Pesticides/Herbicides: Missouri Federal Jury Returns $265 Million Verdict in Dicamba Drift Trial
On February 14 and 15, 2020, a jury empaneled in the case of Bader Farms, Inc. v. Monsanto Company and BASF Corporation, (Case No. 1:16-cv-00299-SNL) in the U.S. District Court for the Eastern District of Missouri returned verdicts in favor of Plaintiffs and against Defendants, awarding $15 million in compensatory damages and $250 million in punitive damages. The case appears to be the first U.S. jury trial and verdict in a cause of action for property damage to a neighboring landowner caused by drift of the herbicide […]
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 30, 2020
WOTUS: EPA Releases New Navigable Waters Protection Rule to Replace 2015 WOTUS Rule
On January 23, 2020, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers (collectively “EPA”) announced the issuance of the Navigable Waters Protection Rule. This long-awaited rule will provide a new regulatory definition of “waters of the United States” for the purpose of establishing the limits of EPA’s regulatory jurisdiction under the Clean Water Act (CWA). It will be published in the Federal Register as a final rule, without any additional comment period, and its effective date will be sixty days after publication. To date, the Federal […]
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 16, 2020
International Trade: United States and China Sign Agreement Impacting Agricultural Exports To China
On January 15, 2020, The United States and the People’s Republic of China executed an agreement titled, “Economic and Trade Agreement Between the United States of America and the People’s Republic of China,” which serves as a settlement agreement of certain enforcement actions initiated by the White House under authority of Section 301 of the Trade Act of 1974. According to the February 27, 2019 testimony of United States Trade Representative (USTR) Robert Lighthizer before the House and Ways Committee, such an agreement does not require […]
Agricultural Law Weekly Review —January 9, 2020
Dairy Policy: Borden Dairy Files Chapter 11 Bankruptcy
On January 5, 2020, Borden Dairy Company, headquartered in Dallas, TX, and seventeen affiliated companies (collectively “Borden”) filed Chapter 11 reorganization bankruptcy petitions in the U.S. Bankruptcy Court for the District of Delaware. The bankruptcy proceedings are being jointly administered under Case No. 20-10010. Borden’s bankruptcy claims agent has established a website for public access to the court dockets, filings, notices and other legally required disclosures at www.donlinrecano.com/borden. A thirty-one page declaration of Borden CFO Jason Monaco filed in support of the bankruptcy petitions contains a lengthy narrative account of the firm’s history […]
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, […]
