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Written by:\u00a0 <\/span> Brook Duer\u2014Staff Attorney<\/span> Want to listen to this Weekly Review? Check out the<\/span> <\/span>Penn State Agricultural Law Podcast<\/span><\/a>.\u00a0<\/span><\/p>\n COVID-19: $900 Billion Appropriations Act Includes $13 Billion in COVID-19 Relief for Agriculture\u00a0<\/span><\/p>\n On December 27, 2020, President Trump signed into law <\/span>H.R.133<\/span><\/a>, known as the \u201c<\/span>Consolidated Appropriations Act, 2021<\/span><\/a>,\u201d which appropriates $900 billion dollars in COVID-19 relief funding, approximately $13 Billion of which represents aid to agriculture in various forms.\u00a0 That represents 1.4% of the total relief funding bill.\u00a0 The list of aid under USDA\u2019s jurisdiction includes a gross amount of $11.2 Billion allocated to the Office of the USDA Secretary for direct financial assistance to commodity producers.\u00a0 The balance is appropriated to various existing statutory programs benefiting agriculture.\u00a0 American Farm Bureau Federation Chief Economist John Newton and colleagues authored a detailed report breaking down the $13 billion, available <\/span>here<\/span><\/a>.\u00a0 Since the bill\u2019s signing, USDA has announced the intended spending of $1.5 Billion for a <\/span>fifth round<\/span><\/a> of the Farmers to Families Food Box Program.\u00a0\u00a0\u00a0<\/span><\/p>\n \u00a0\u00a0\u00a0<\/span><\/p>\n On December 29, 2020, the U.S. District Court for the Southern District of New York issued a <\/span>temporary restraining order<\/span><\/a> staying an October 30, 2020, Environmental Protection Agency (EPA) <\/span>final rule<\/span><\/a> revising requirements for pesticide application exclusion zones (AEZ).\u00a0 <\/span>Rural & Migrant Ministry v. Andrew Wheeler<\/span>, No. <\/span>1:20-cv-10645<\/span><\/a>.\u00a0 The Court held that the plaintiffs had shown a substantial likelihood of success on the merits, that EPA failed to follow the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and that additional training and the so-called \u201cDo Not Contact\u201d provision of the rule as revised was insufficient to provide adequate protection for workers.\u00a0 The final rule is stayed until January 12, 2021 pending a hearing on a preliminary injunction, scheduled for January 8, 2021. For more on the EPA rule, see <\/span>ALWR\u2014week ending November 6, 2020<\/span><\/a>, \u201cEPA Publishes Final Rule on Pesticide Application Exclusion Zone Requirements.\u201d<\/span><\/p>\n Biotechnology: USDA Proposes Animal Biotech Regulatory Framework for Oversight Transfer from FDA\u00a0<\/span><\/p>\n On December 28, 2020, the U.S. Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) and Food Safety Inspection Service (FSIS) posted in the Federal Register a proposed rule titled, \u201cRegulation of the Movement of Animals Modified or Developed by Genetic Engineering\u201d (<\/span>85 FR 84269<\/span><\/a>).\u00a0 <\/span>Announced<\/span><\/a> on December 21, 2020, the proposed rule will transfer regulatory oversight of animal biotechnology from the Food and Drug Administration (FDA) to USDA under the authority of the Animal Health Protection Act (AHPA), the Federal Meat Inspection Act (FMIA), and the Poultry Products Inspection Act (PPIA).\u00a0 Under USDA\u2019s proposed regulatory scheme, APHIS would conduct FMIA and PPIA safety assessments while FSIS would conduct food safety pre-slaughter and processing assessments of genetically engineered or modified animals.\u00a0 The proposed rule has a comment period which is open until February 26, 2020.<\/span><\/p>\n Food Policy: USDA and HHS Release Dietary Guidelines for Americans 2020\u20132025<\/span><\/p>\n On December 29, 2020, the U.S. Department of Agriculture (USDA), in partnership with Health and Human Services (HHS), <\/span>announced<\/span><\/a> the publication of <\/span>Dietary Guidelines for Americans, 2020\u20132025<\/span><\/a>.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0<\/span><\/p>\n The guidelines include, for the first time, nutrition needs for children from birth until twenty-three months and focus food choices for all age groups on nutrient-dense foods, which contain the necessary vitamins and minerals with minimal or no additional sugars, saturated fats, or sodium.\u00a0 For persons aged two and older, the guidelines advise that saturated fat be limited to ten percent of daily caloric intake.\u00a0 While the dairy guidelines for persons aged two and older call for consumption of fat-free and low-fat milk, yogurt, and cheese, and showcase that a cup of whole milk contains seventy-five percent more calories than a cup of fat-free milk (146 calories as opposed to 83), the recommended daily dairy servings for children ages twelve months through twenty-three months use data based on whole milk.\u00a0 For more background on this development, see <\/span>ALWR\u2014week ending July 17, 2020<\/span><\/a>, \u201cUSDA Publishes 2020 Dietary Guidelines Advisory Committee\u2019s Final Report for Public Comment\u201d and the <\/span>Agricultural Law Podcast<\/span>, <\/span>Special Episode #4. Dietary Guidelines Advisory Committee Scientific Report<\/span><\/a>.<\/span><\/p>\n Agricultural Law\/Policy Resources of Interest:\u00a0<\/span><\/p>\n Peggy Kirk Hall, <\/span>Ohio Legislation Updates Laws For Agricultural Societies<\/span><\/a> (Dec. 28, 2020).<\/span><\/p>\n Roger A. McEowen, <\/span>Boundaries and Surveys \u2013 What Are the Rules?<\/span><\/a> (Dec. 27, 2020).<\/span><\/p>\n Roger A. McEowen, <\/span>The \u201cAlmost Top Ten\u201d Ag Law and Ag Tax Developments of 2020<\/span><\/a> (Jan. 1, 2020).<\/span><\/p>\n Roger A. McEowen, <\/span>The \u201cAlmost Top Ten\u201d Ag Law and Ag Tax Developments of 2020 \u2013 Part Two<\/span><\/a> (Jan. 3, 2020).\u00a0<\/span><\/p>\n Penn State Research & News:<\/span><\/p>\n Newly Discovered Toxin-antitoxin System Abundant in One-Cell Organisms<\/span><\/a> (Dec. 10, 2020).<\/span><\/p>\n Less Snowy Winters Produce Camouflage Mismatch in Mountain Hares<\/span><\/a> (Dec. 16, 2020).<\/span><\/p>\n AGENCY PRESS RELEASES\u2014STATE\/FEDERAL<\/span><\/p>\n \u00a0<\/span><\/p>\n Pennsylvania Department of Agriculture Press Releases:<\/span><\/p>\n Department Of Agriculture Releases COVID-19 Restaurant Enforcement Actions, Dec. 21\u2013Dec. 27<\/span><\/a> (Dec. 29, 2020).<\/span><\/p>\n Butter Up! Pennsylvania Farm Show Invites Pennsylvanians To Step Up To The Plate, Create Home Butter Sculptures<\/span><\/a> (Dec. 30, 2020).\u00a0<\/span><\/p>\n U.S. Department of Agriculture (USDA) Press Releases:<\/span><\/p>\n Make Every Bite Count: USDA, HHS Release Dietary Guidelines for Americans, 2020-2025<\/span><\/a> (Dec. 29, 2020).<\/span><\/p>\n USDA Approves Maine to Accept SNAP Benefits Online<\/span><\/a> (Dec. 31, 2020).<\/span><\/p>\n USDA Secretary Sonny Perdue Issues Proclamation Honoring Longtime Broadcaster Orion Samuelson<\/span><\/a> (Dec. 31, 2020).\u00a0<\/span><\/p>\n USDA Extends Flexibilities Amid Continuing COVID-19 Pandemic<\/span><\/a>, RMA (Dec. 30, 2020).\u00a0<\/span><\/p>\n STATE ACTIONS\u2014EXECUTIVE\/LEGISLATIVE<\/span><\/p>\n Pennsylvania Executive Agencies (<\/span>Pa. Bulletin Vol. 51, No. 1\u2014Jan. 2, 2021<\/span><\/a>):\u00a0<\/span><\/p>\n Department of Environmental Protection<\/span><\/p>\n 51 Pa.B. 35<\/span><\/a> <\/span>Applications, Actions, and Special Notices: <\/span>\u201cThe Clean Streams Law and the Federal Clean Water Act, Applications for National Pollutant Discharge Elimination System (NPDES) Permits and Water Quality Management (WQM) Permits.\u201d<\/span><\/p>\n 51 Pa.B. 79<\/span><\/a> <\/span>Notice: <\/span>\u201cAvailability of Technical Guidance.\u201d<\/span><\/p>\n Governor\u2019s Office<\/span><\/p>\n 51 Pa.B. 8<\/span><\/a> \u201cProclamation of Disaster Emergency [December 15, 2020 Severe Winter Event].\u201d<\/span><\/p>\n Milk Marketing Board<\/span><\/p>\n 51 Pa.B. 112<\/span><\/a> <\/span>Notice: <\/span>\u201cHearing and Presubmission Schedule; Milk Marketing Area No. 3; Teleconference.\u201d\u00a0<\/span><\/p>\n 51 Pa.B. 113<\/span><\/a> <\/span>Notice: <\/span>\u201cHearing and Presubmission Schedule; Milk Marketing Area No. 5; Teleconference.\u201d<\/span><\/p>\n 51 Pa.B. 113<\/span><\/a> Notice: <\/span>\u201cHearing and Presubmission Schedule; Milk Marketing Area No. 6; Teleconference.\u201d<\/span><\/p>\n Susquehanna River Basin Commission<\/span><\/p>\n 51 Pa.B. 123<\/span><\/a> <\/span>Notice: <\/span>\u201cActions Taken at December Meeting.\u201d<\/span><\/p>\n 51 Pa.B. 123<\/span><\/a> <\/span>Notice: <\/span>\u201cGrandfathering Registration Notice.\u201d<\/span><\/p>\n 51 Pa.B. 124<\/span><\/a> <\/span>Notice: <\/span>\u201cProjects Approved for Minor Modifications.\u201d\u00a0<\/span><\/p>\n 51 Pa.B. 126<\/span><\/a> <\/span>Notice: <\/span>\u201cProjects Approved for Minor Modifications.\u201d<\/span><\/p>\n 51 Pa.B. 127<\/span><\/a> <\/span>Notice: <\/span>\u201cProjects Approved for Minor Modifications.\u201d\u00a0<\/span><\/p>\n Pennsylvania Legislature<\/span><\/p>\n No actions Dec. 28, 2020\u2013Jan 1, 2021.<\/span><\/p>\n FEDERAL ACTIONS\u2014EXECUTIVE\/LEGISLATIVE<\/span><\/p>\n Federal Executive Agencies (<\/span>Federal Register<\/span><\/a> Dec. 28, 2020\u2013Jan 1, 2021):\u00a0<\/span><\/p>\n Agricultural Department<\/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