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Written by:\u00a0 <\/span> Brook Duer\u2014Staff Attorney<\/span><\/p>\n Want to listen to this Weekly Review? Check out the<\/span> <\/span>Penn State Agricultural Law Podcast<\/span><\/a>.\u00a0\u00a0<\/span><\/p>\n \u00a0\u00a0\u00a0\u00a0\u00a0<\/span><\/p>\n Antitrust: JBS Subsidiary Pilgrim\u2019s Pride Pleads Guilty to Price-Fixing\u00a0<\/span><\/p>\n On October 14, 2020, Pilgrim\u2019s Pride Corporation (Pilgrim\u2019s), a wholly-owned subsidiary of JBS S.A., issued an <\/span>announcement<\/span><\/a> stating that it has entered into a plea agreement with the U.S. Department of Justice (DOJ) regarding its involvement in broiler chicken price-fixing.\u00a0 According to the announcement, Pilgrim\u2019s will pay $110,524,140 in exchange for no further charges if remaining in compliance with the plea agreement, which remains subject to approval from the U.S. District Court for the District of Colorado. <\/span>United States v. Pilgrim’s Pride Corporation<\/span>, No. <\/span>1:20-cr-00330<\/span><\/a>.\u00a0 Multiple over parties remain charged via the same indictment.\u00a0 For previous developments on this topic, see <\/span>ALWR\u2014week ending October 9, 2020<\/span><\/a>, \u201cU.S. Department of Justice Indicts Six More Poultry Executives Over Alleged Price Fixing.\u201d\u00a0<\/span><\/p>\n U.S. Department of Justice: JBS\u2019 Parent Company J&F Pleads Guilty to Bribery\u00a0<\/span><\/p>\n On October 15, 2020, the U.S. Department of Justice (DOJ) <\/span>announced<\/span><\/a> that JBS S.A.\u2019s parent company J&F Investimentos SA (J&F) entered into a <\/span>plea agreement<\/span><\/a>, pleading guilty to charges of bribery and conspiracy to violate the Foreign Corrupt Practices Act.\u00a0 According to the DOJ, J&F used \u201cshell companies\u201d with New York-based bank accounts to funnel bribery payments to Brazilian officials for Brazilian state-controlled bank financing and a state-owned pension fund merger.\u00a0 Under the plea agreement, J&F will pay a $256,497,026 fine, with $47 million due within ten days of the entry of <\/span>judgment<\/span><\/a> on October 15, 2020. <\/span>United States v. J&F Investimentos SA<\/span>, No. <\/span>1:20-cr-00365<\/span><\/a>.\u00a0<\/span><\/p>\n Industrial Hemp: Second Lawsuit Filed Against DEA Hemp Interim Rule<\/span><\/p>\n On October 12, 2020 the Hemp Industries Association (HIA) filed a second lawsuit against the U.S. Drug Enforcement Administration (DEA) challenging the agency\u2019s August 21, 2020 interim final rule (<\/span>85 FR 51639<\/span><\/a>) regarding hemp.\u00a0 The new lawsuit, filed in the U.S. District Court for the District of Columbia, seeks a declaratory judgment \u201cconfirm[ing] that the hemp production process does not violate the [Controlled Substances Act]\u201d <\/span>Hemp Industries Association et al v. U.S. DEA<\/span>, No. <\/span>1:20-cv-02921<\/span><\/a>.\u00a0 According to the <\/span>complaint<\/span><\/a>, HIA claims that DEA\u2019s interim final rule is a \u201cfaulty interpretation of the 2018 Farm Bill\u201d because it accords Schedule I status to two \u201cnecessary and inevitable\u201d hemp processing byproducts: \u201cintermediate hemp material\u201d and \u201cwaste hemp material,\u201d thereby \u201ccriminaliz[ing] key steps of hemp production.\u201d\u00a0 For more on HIA\u2019s other pending suit filed in the U.S. Court of Appeals for the District of Columbia Circuit, see <\/span>ALWR\u2014week ending September 25, 2020<\/span><\/a>, \u201cLawsuit Challenges DEA Hemp Interim Final Rule.\u201d\u00a0<\/span><\/p>\n Invasive Species: New York Expands Spotted Lanternfly Quarantine and Oregon Detects First Spotted Lanternfly<\/span><\/p>\n On October 8, 2020, a revised New York Department of Agriculture and Markets <\/span>final rule<\/span><\/a> on spotted lanternfly quarantine requirements became effective. The rule simply conforms the list of Pennsylvania counties, from which a certificate of inspection must accompany imported goods, to the list of counties under Pennsylvania\u2019s quarantine.\u00a0 Businesses transporting goods from these Pennsylvania counties must possess a <\/span>spotted lanternfly permit<\/span><\/a> from the Pennsylvania Department of Agriculture (PDA) and <\/span>inspect and self-certify<\/span><\/a> their shipments.\u00a0 Through a reciprocity agreement, New York has agreed this will satisfy New York\u2019s requirements.\u00a0 Also on October 8, 2020, the Oregon Department of Agriculture <\/span>announced<\/span><\/a> that a dead spotted lanternfly by a nursery in a shipment of ceramic pots and planters from Pennsylvania. Oregon has declined to implement control measures at this time.<\/span><\/p>\n Water Quality: Executive Order Creates Water Subcabinet<\/span><\/p>\n On October 13, 2020, President Donald Trump issued an <\/span>executive order<\/span><\/a> establishing an \u201cinteragency Water Policy Committee,\u201d or Water Subcabinet consisting of the Protection Agency (EPA) Administrator and the Secretaries of Agriculture, Commerce, Energy, Army, and the Interior.\u00a0 The order directs the subcabinet to identify all federal water-related task forces for coordination and consolidation within 90 days and, within 120 days, submit a report detailing needed actions to improve water systems, water quality, water research, and drought resilience.\u00a0<\/span><\/p>\n Conservation Programs: USDA Publishes Final Rule on Conservation Stewardship Program<\/span><\/p>\n On October 9, 2020, the U.S. Department of Agriculture (USDA) Commodity Credit Corporation (CCC) published in the Federal Register its final rule (<\/span>85 FR 63993<\/span><\/a>) on its <\/span>Conservation Stewardship Program<\/span><\/a>, which provides financial assistance for conservation practices.\u00a0 The final rule incorporates changes imposed by the 2018 Farm Bill and is effective upon publication.\u00a0<\/span><\/p>\n Antimicrobial Use: FDA Holds Meeting on Proposed Approach for Antimicrobial Drug Ranking\u00a0<\/span><\/p>\n On October 13, 2020, the Food and Drug Administration (FDA) published a Federal Register notice of an upcoming public meeting titled, \u201c<\/span>Potential Approach for Ranking of Antimicrobial Drugs According to Their Importance in Human Medicine: A Risk Management Tool for Antimicrobial New Animal Drugs<\/span><\/a>\u201d (<\/span>85 FR 64481<\/span><\/a>).\u00a0 The agency seeks commentary on a <\/span>concept paper<\/span><\/a> detailing criteria and processes for ranking antimicrobial drugs.\u00a0 The meeting will be held November 16, 2020, and interested parties must register to attend no later than November 12, 2020 via email. The notice also carries a public comment period which closes January 15, 2021.<\/span><\/p>\n COVID-19:\u00a0 CFAP 1 and CFAP 2 Pennsylvania Data\u00a0<\/span><\/p>\n Weekly, USDA updates aggregate <\/span>Coronavirus Food Assistance Program 1<\/span><\/a> (CFAP 1) and <\/span>Coronavirus Food Assistance Program 2<\/span><\/a> (CFAP 2) payments.\u00a0 The latest available Pennsylvania totals are below:\u00a0\u00a0<\/span><\/p>\n PENNSYLVANIA CFAP 1 <\/span>\t<\/span><\/span>Payments<\/span>\t<\/span><\/span>\t\u00a0\u00a0 \u00a0<\/span><\/span><\/span>Approved Applications<\/span>\t<\/span><\/span>(as of 10\/11\/20)<\/span><\/p>\n Dairy<\/span>\t<\/span><\/span>\t<\/span><\/span>\t<\/span><\/span>\t<\/span><\/span>$105,261,779<\/span>\t<\/span><\/span>\t<\/span><\/span> 2,755<\/span><\/p>\n Livestock<\/span>\t<\/span><\/span>\t<\/span><\/span>\t<\/span><\/span>\u00a0 \u00a0\u00a0 \u00a0<\/span>\u00a0\u00a0 \u00a0<\/span>$33,825,654<\/span>\t<\/span><\/span>\t<\/span><\/span> 5,862<\/span><\/p>\n Non-Specialty Crops<\/span>\t<\/span><\/span>\t<\/span><\/span>\u00a0 $22,518,615<\/span>\t<\/span><\/span>\t<\/span><\/span> 5,014<\/span><\/p>\n Specialty Crops<\/span>\t<\/span><\/span>\t<\/span><\/span>\u00a0 \u00a0\u00a0\u00a0 \u00a0<\/span>\u00a0\u00a0 <\/span>$8,400,730<\/span>\t<\/span><\/span>\u00a0 \u00a0 \u00a0\u00a0 \u00a0\u00a0\u00a0 \u00a0<\/span><\/span>165<\/span><\/p>\n Aqua Nursery Flora <\/span>\t<\/span><\/span>\t<\/span><\/span>\u00a0 \u00a0 $1,018,485<\/span>\t<\/span><\/span>\u00a0 \u00a0 \u00a0 \u00a0\u00a0 \u00a0<\/span>\u00a0\u00a0 \u00a0<\/span>20<\/span><\/p>\n TOTALS<\/span>\t<\/span><\/span>\t<\/span><\/span>\u00a0 \u00a0 \u00a0 \u00a0 <\/span>\t<\/span><\/span>$171,025,263<\/span>\t<\/span><\/span>\t<\/span><\/span>13,816<\/span><\/p>\n PENNSYLVANIA CFAP 2<\/span>\t<\/span><\/span>Payments<\/span>\t<\/span><\/span> \u00a0 \u00a0 \u00a0 \u00a0 \u00a0\u00a0 \u00a0<\/span><\/span>Approved Applications<\/span>\t<\/span><\/span>(as of 10\/13\/20) <\/span>\t<\/span><\/span><\/p>\n Dairy<\/span>\t<\/span><\/span>\t<\/span><\/span>\t<\/span><\/span>\t<\/span><\/span>$30,111,638<\/span>
<\/span>Audry Thompson\u2014Research Assistant<\/span><\/p>\n
<\/span>The Agricultural Law Weekly Review provides an update of recent agricultural law developments from local, state, national, and international levels.\u00a0 Subscribe at <\/span>pennstateaglaw.com<\/span><\/a>.\u00a0<\/span><\/p>\n