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Written by:\u00a0 <\/span> Brook Duer\u2014Staff Attorney<\/span> Want to listen to this Weekly Review? Check out the <\/span>Agricultural Law Podcast<\/span><\/a>.\u00a0\u00a0<\/span><\/p>\n Industrial Hemp: Lawsuit Challenges DEA Hemp Interim Final Rule<\/span><\/p>\n On September 18, 2020, the Hemp Industries Association (HIA) and RE Botanicals filed, in the U.S. Court of Appeals for the District of Columbia Circuit, a <\/span>petition for review<\/span><\/a> (<\/span>Hemp Industries Association, et al v. DEA, et al<\/span>, Docket No. 20-01376) challenging the August 21, 2020 interim final rule (<\/span>85 FR 51639<\/span><\/a>) issued by the U.S. Drug Enforcement Administration (DEA).\u00a0 Additionally, on September 18, 2018, the Hemp Industries Association submitted a <\/span>comment<\/span><\/a> on the DEA\u2019s interim rule, see Docket: <\/span>DEA-2020-0023<\/span><\/a>.\u00a0 The primary claim in both Hemp Industries Association actions is that DEA has no legal authority to regulate substances extracted from hemp plants which fell below the .3% THC threshold at harvesting,\u00a0 regardless of whether extraction concentrates the THC at a higher percentage during processing.\u00a0 The DEA contends that any such extracted substance remains under its jurisdiction.\u00a0 For more on the interim final rule, see <\/span>The Agricultural Law Weekly Review\u2014week ending August 21, 2020<\/span><\/a>, \u201cDEA Issues Interim Final Rule on 2018 Farm Bill Hemp Provisions.\u201d\u00a0<\/span><\/p>\n Checkoff Programs: Serial Legal Challenges to Federal Beef Checkoff Program Continue<\/span><\/p>\n On September 11, 2020, the Ranchers-Cattlemen Action Legal Fund (R-CALF) filed a <\/span>complaint<\/span><\/a> in the U.S. District Court for the District of Columbia against the U.S. Department of Agriculture (USDA) (<\/span>Ranchers Cattlemen Action Legal Fund United Stockgrowers of America v. USDA<\/span>, <\/span>No. 1:20-cv-02552<\/span><\/a>) seeking declaratory and injunctive relief seeking to invalidate the Memorandums of Understanding (MOU) between USDA and the multiple qualified state beef councils (QSBCs) which became the basis for a previous federal court ruling that the national beef check-off program constitutes government speech and does not violate the First Amendment.\u00a0 The complaint states that because the MOUs effectively turn the state beef councils\u2019 speech into government speech, they amount to a substantive amendment of the federal Beef Checkoff program and are thus subject to the notice-and-comment procedures required by the Administrative Procedure Act (APA) which was not followed.\u00a0 For more history of the basis for this suit, see the <\/span>Agricultural Law Weekly Review\u2014April 2, 2020<\/span><\/a>, \u201cFirst Amendment Challenge to Beef Checkoff Program Dismissed.\u201d<\/span><\/p>\n Food Safety: FDA Proposes Food Traceability Rule<\/span><\/p>\n On September 23, 2020, the Food and Drug Administration (FDA) published in the Federal Register a proposed rule titled \u201cRequirements for Additional Traceability Records for Certain Foods\u201d (<\/span>85 FR 59984<\/span><\/a>).\u00a0 The <\/span>proposed rule<\/span><\/a> would require the manufacturers, processors, packers, and storage facilities of <\/span>listed foods<\/span><\/a> to keep certain traceability records documenting the following events: <\/span>growing, receiving, creating, transformation, and shipping<\/span><\/a>.\u00a0 The rule contains several exemptions, including, among others, exemptions for small farms (\u201coriginators\u201d), farms that sell direct to consumers, produce that is \u201crarely consumed raw: (RCR), and partial exemptions for food retail establishments.\u00a0 The proposed rule also provides procedures for requesting an exemption on the grounds that such recordkeeping for a specific food is \u201cnot necessary to protect public health.\u201d\u00a0 The rule carries a 120-day <\/span>comment period<\/span><\/a> that ends January 21, 2021.\u00a0<\/span><\/p>\n Pesticides: EPA Issues Draft Risk Assessment of Chlorpyrifos\u00a0<\/span><\/p>\n On September 25, 2020, the U.S. Environmental Protection Agency (EPA) published in the Federal Register a notice titled \u201cPesticide Registration Review; Draft Human Health and\/or Ecological Risk Assessments for Chlorpyrifos; Notice of Availability\u201d (<\/span>85 FR 60455<\/span><\/a>).\u00a0 The available draft risk assessments for chlorpyrifos include an <\/span>ecological risk assessment,<\/span><\/a> a <\/span>human health risk assessment<\/span><\/a>, and a <\/span>drinking water assessment<\/span><\/a>.\u00a0 While the human health risk assessment found \u201cno residential post-application risks of concern, it identified dietary risks due to food residues, with the highest risk estimate being for children.\u00a0 Additionally, the ecological assessment identified that the level of risk quotients (RQs) for chlorpyrifos \u201cexceed the level of concern (LOC) for all uses assessed for all taxa,\u201d and that \u201c[c]itrus and tart cherries are associated with some of the highest RQs.\u201d\u00a0 According to a corresponding <\/span>announcement<\/span><\/a>, EPA will open a 60-day public comment period in October in conjunction with its Proposed Interim Decision on chlorpyrifos.\u00a0<\/span><\/p>\n Pesticides: Triazine Pesticide Interim Registration Review Decisions Available<\/span><\/p>\n On September 22, 2020, the U.S. Environmental Protection Agency (EPA) published in the Federal Register a notice of interim registration review decisions with rationales for the triazine pesticides\u2014<\/span>atrazine<\/span><\/a>, <\/span>propazine<\/span><\/a>, and <\/span>simazine<\/span><\/a> titled \u201cPesticide Registration Review; Interim Decisions for the Triazines; Notice of Availability\u201d (<\/span>85 FR 59525<\/span><\/a>). There is no public comment period for these documents.\u00a0\u00a0<\/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 20, 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>$105,819,524<\/span>\t<\/span><\/span>\t<\/span><\/span> 2,758<\/span><\/p>\n Livestock<\/span>\t<\/span><\/span>\t<\/span><\/span>\t<\/span><\/span>\u00a0 $33,516,658<\/span>\t<\/span><\/span>\t<\/span><\/span> 5,837<\/span><\/p>\n Non-Specialty Crops<\/span>\t<\/span><\/span>\u00a0 $22,433,557<\/span>\t<\/span><\/span>\t<\/span><\/span> 5,000\u00a0\u00a0<\/span><\/p>\n Specialty Crops<\/span>\t<\/span><\/span>\t<\/span><\/span>\u00a0 \u00a0 $8,378,276<\/span>\t<\/span><\/span>\u00a0 \u00a0 \u00a0\u00a0 \u00a0<\/span>\u00a0\u00a0 \u00a0<\/span>165<\/span><\/p>\n Aqua Nursery Flora <\/span>\t<\/span><\/span> \u00a0 \u00a0 \u00a0 $692,924<\/span>\t<\/span><\/span>\u00a0 \u00a0 \u00a0 \u00a0\u00a0 \u00a0<\/span>\u00a0\u00a0 \u00a0<\/span>15<\/span><\/p>\n TOTALS<\/span>\t<\/span><\/span>\t<\/span><\/span>\u00a0 \u00a0 \u00a0 \u00a0<\/span>\t<\/span><\/span>$170,840,939<\/span>\t<\/span><\/span>\t<\/span><\/span>13,775<\/span><\/p>\n From National Ag Law Authorities & Sources:\u00a0<\/span><\/p>\n Brigit Rollins, <\/span>Murky Tides: EPA Sued for Chesapeake Bay Cleanup Violations<\/span><\/a> (Sept. 17, 2020).<\/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 Two<\/span><\/a> (Sept. 20, 2020).<\/span><\/p>\n Tiffany Lashmet, <\/span>Transferring Property Prior to Death: Pros, Cons, and Alternatives<\/span><\/a> (Sept. 21, 2020).<\/span><\/p>\n Sarah Catherine Cooper, <\/span>Putting All the Eggs in One Basket: FSIS Updates Egg Products Inspection Regulations<\/span><\/a> (Sept. 22, 2020).<\/span><\/p>\n Penn State Research & News:<\/span><\/p>\n Forest Margins May be More Resilient to Climate Change than Previously Thought<\/span><\/a> (Sept. 21, 2020).<\/span><\/p>\n Team Wins Grant to Develop Nitrogen Fertilizer Decision Tool for Organic Farmers<\/span><\/a> (Sept. 24, 2020).<\/span><\/p>\n AGENCY PRESS RELEASES\u2014STATE\/FEDERAL\u00a0<\/span><\/p>\n Pennsylvania Department of Agriculture Press Releases:<\/span><\/p>\n
<\/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