\n<\/p>\n
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 Want to listen to this Weekly Review? Check out the <\/span>Agricultural Law Podcast<\/span><\/a>.\u00a0\u00a0<\/span><\/p>\n International Trade: USDA and FDA Sign MOU to Coordinate, Collaborate on Dairy Exports<\/span><\/p>\n On October 1, 2020, the U.S. Department of Agriculture\u2019s (USDA) Foreign Agricultural Service (FAS), Agricultural Marketing Service (AMS), and the U.S. Food and Drug Administration (FDA) <\/span>announced<\/span><\/a> their establishment of a Memorandum of Understanding (<\/span>MOU 225-20-017<\/span><\/a>), indicating their intent to cooperate and collaborate regarding the export of milk and milk products from the United States.\u00a0 Under the MOU, FAS will lead communications with foreign governments while AMS will facilitate exports and issue dairy sanitary certificates.\u00a0 Additionally, FDA will verify the regulatory standing of milk producers and processors and issue the export certificates required by the importing nations.\u00a0 The MOU became effective upon signature of the parties and will be evaluated at least every 5 years.\u00a0<\/span><\/p>\n Industrial Hemp: Continuing Appropriations Act Also Extends Hemp Pilot Program<\/span><\/p>\n On September 30, 2020, Congress passed a continuing resolution providing funding to federal agencies, including USDA, and it was signed by the President on October 1, 2020 (<\/span>H.R.8337<\/span><\/a> \u201cContinuing Appropriations Act, 2021 and Other Extensions Act\u201d).\u00a0 Among many actions, the bill extends the previous USDA deadline for state hemp plan submission from October 31, 2020 to September 30, 2021 (sec. <\/span>122<\/span><\/a>) and allows states the option of continuing 2014 hemp pilot programs for another growing season.\u00a0<\/span><\/p>\n Antitrust: Packer Antitrust Lawsuit Dismissed<\/span><\/p>\n On September 28, 2020, the U.S. District Court for the District of Minnesota <\/span>dismissed<\/span><\/a> a trio of <\/span>consolidated<\/span><\/a> cases against JBS USA, Cargill, Inc., National Beef Packing Company, and Tyson Foods alleging that the companies \u201cconspired to fix and suppress the price of fed cattle in the United<\/span><\/p>\n States\u201d (<\/span>In Re Cattle Antitrust Litigation No. <\/span>0:19-cv-01222<\/span><\/a>).\u00a0 In support of their allegations, the plaintiffs offered testimony from two confidential witnesses.\u00a0 However, the Court found the allegations of the witnesses not supported by a foundation sufficient to conclude them credible and, barring that, noted that \u201c[m]erely cutting back slaughter volume in a single year cannot itself serve as the anticompetitive basis for a claim under \u00a7 202(a)\u201d of the Packers and Stockyards Act.\u00a0 The court granted ninety days to file an amended complaint.\u00a0<\/span><\/p>\n Food Labeling: FTC Closes Comment Period on \u201cMade in USA\u201d\u00a0<\/span><\/p>\n On September 14, 2020, the comment period closed for a proposed new Federal Trade Commission (FTC) rule entitled \u201cMade in USA Labeling Rule\u201d (<\/span>85 FR 43162<\/span><\/a>) which was first published on July 16, 2020.\u00a0 The new proposed rule makes a \u201cMade in the United States\u201d (MUSA) labeling statement an unfair or deceptive act or practice unless virtually all ingredients are made\/sourced in the United States, all significant processing occurs in the United States and the final assembly of the product occurs in the United States.\u00a0 Highlighting the shortcomings of the current rule, a federal district court recently dismissed a lawsuit alleging mislabeling of imported cattle as MUSA which were slaughtered and processed in the United States. See <\/span>Agricultural Law Weekly Review\u2014week ending <\/span>September 4, 2020<\/span><\/a>, \u201cDistrict Court Dismisses \u2018Product of the USA\u2019 Meat Labeling Lawsuit.\u201d\u00a0 According to the new proposed rule, FTC\u2019s MUSA labeling rule will \u201cnot supersede, alter, or affect\u201d federal country-of origin labeling laws or regulations.\u00a0<\/span><\/p>\n Animal Health: USDA Publishes List of Disinfectants for Use Against African Swine Fever<\/span><\/p>\n On September 21, 2020, U.S. Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) posted a <\/span>list of disinfectants<\/span><\/a> approved by the U.S. Environmental Protection Agency (EPA) for use against <\/span>African Swine Fever<\/span><\/a>, which were drawn from the National Pesticide Information Retrieval System (<\/span>NPIRS<\/span><\/a>).\u00a0 A recent addition to the list, the hydrogen peroxide-based Accel Concentrate from Virox Technologies, is stated by EPA to require a contact time of five minutes.\u00a0 Most disinfectants are approved for use in animal living and feeding quarters.<\/span><\/p>\n COVID-19:\u00a0 Coronavirus Food Assistance Program (CFAP) Pennsylvania Data\u00a0<\/span><\/p>\n Every Monday, USDA updates its <\/span>publicly available data<\/span><\/a> on aggregate <\/span>Coronavirus Food Assistance Program<\/span><\/a> (CFAP) payments.\u00a0 Pennsylvania totals as of <\/span>September 27, 2020<\/span>, are below:\u00a0\u00a0<\/span><\/p>\n PENNSYLVANIA<\/span>\t<\/span><\/span>\t<\/span><\/span>Payments<\/span>\t<\/span><\/span>\t<\/span><\/span>Applications<\/span>\t<\/span><\/span>\t<\/span><\/span><\/p>\n Dairy<\/span>\t<\/span><\/span>\t<\/span><\/span>\t<\/span><\/span>$105,444,837<\/span>\t<\/span><\/span>\t<\/span><\/span> 2,755<\/span><\/p>\n Livestock<\/span>\t<\/span><\/span>\t<\/span><\/span>\t<\/span><\/span>\u00a0 $33,829,754<\/span>\t<\/span><\/span>\t<\/span><\/span> 5,860<\/span><\/p>\n Non-Specialty Crops<\/span>\t<\/span> <\/span>$22,535,690<\/span>\t<\/span><\/span>\t<\/span><\/span> 5,012\u00a0\u00a0<\/span><\/p>\n Specialty Crops<\/span>\t<\/span><\/span>\t<\/span><\/span>\u00a0 \u00a0 $8,411,144<\/span>\t<\/span><\/span>\u00a0 \u00a0 \u00a0\u00a0 \u00a0\u00a0 \u00a0<\/span>\u00a0<\/span>167<\/span><\/p>\n Aqua Nursery Flora <\/span>\t\u00a0\u00a0 \u00a0<\/span>\u00a0\u00a0 <\/span><\/span><\/span>$903,355<\/span>\t<\/span><\/span>\u00a0 \u00a0 \u00a0 \u00a0\u00a0 \u00a0\u00a0\u00a0 \u00a0<\/span><\/span>20<\/span><\/p>\n TOTALS<\/span>\t<\/span><\/span>\t<\/span><\/span>\u00a0 \u00a0 \u00a0 \u00a0 <\/span>$171,124,780<\/span>\t<\/span><\/span>\t<\/span><\/span>13,814<\/span><\/p>\n From National Ag Law Authorities & Sources:\u00a0<\/span><\/p>\n Roger A. McEowen, <\/span>NRCS Highly Erodible Land and Wetlands Conservation Final Rule \u2013 Clearer Guidance for Farmers or Erosion of Property Rights? \u2013 Part Three<\/span><\/a> (Sept. 22, 2020).<\/span><\/p>\n Roger A. McEowen, <\/span>The Prior Converted Cropland Exception – More Troubles Ahead?<\/span><\/a> (Sept. 27, 2020).<\/span><\/p>\n Tiffany Lashmet, <\/span>Navigable Waters Protection Rule (aka the New WOTUS Rule)<\/span><\/a>, (Sept. 28, 2020).<\/span><\/p>\n Sarah Everhart, <\/span>FSMA – Updates and Produce Safety Rule Training<\/span><\/a>, (Sept. 30, 2020).<\/span><\/p>\n Brigit Rollins, <\/span>Deconstructing the CWA: What is a TMDL?<\/span><\/a> (Oct. 1, 2020).<\/span><\/p>\n Penn State Research & News:<\/span><\/p>\n Coral\u2019s Resilience to Warming May Depend on Iron<\/span><\/a> (Sept. 30, 2020).<\/span><\/p>\n Harvesting Vegetation on Riparian Buffers Barely Reduces Water-Quality Benefits<\/span><\/a> (Oct. 2, 2020).<\/span><\/p>\n AGENCY PRESS RELEASES\u2014STATE\/FEDERAL\u00a0<\/span><\/p>\n Pennsylvania Department of Agriculture Press Releases:<\/span><\/p>\n Department Of Agriculture Employee Earns Governor\u2019s Award For Excellence<\/span><\/a> (Sept. 28, 2020).<\/span><\/p>\n Department Of Agriculture Releases COVID-19 Restaurant Enforcement Actions, September 21 – September 27<\/span><\/a> (Sept. 29, 2020).<\/span><\/p>\n Agriculture Secretary: Food Security Begins On The Farm, Farmers Urged To Maintain Stringent Biosecurity Practices<\/span><\/a> (Oct. 1, 2020).<\/span><\/p>\n Wolf Administration Reminds Restaurants Of Opportunity To Increase Indoor Capacity To 50 Percent<\/span><\/a> (Oct. 1, 2020).<\/span><\/p>\n U.S. Department of Agriculture (USDA) Press Releases:<\/span><\/p>\n Farmers to Families Food Box Program Surpasses 100 Million Boxes Delivered<\/span><\/a> (Sept. 29, 2020).<\/span><\/p>\n Trump Administration Invests $1.7 Million in High-Speed Broadband in Rural Southwestern South Dakota and Eastern Wyoming<\/span><\/a> (Sept. 29, 2020).\u00a0<\/span><\/p>\n USDA Announces Approval of D-SNAP for California Disaster Areas<\/span><\/a> (Sept. 29, 2020).<\/span><\/p>\n