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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 Pesticides\/Herbicides: Punitive Damages Reduced to $60 Million in Bader Farms Dicamba Case<\/span><\/p>\n On November 25, 2020, the U.S. District Court for the Eastern District of Missouri issued an <\/span>opinion and order<\/span><\/a> on post-trial motions reducing to $60 million the February 2020 jury award of $250 million in punitive damages against Monsanto\/Bayer and BASF as a result of dicamba-caused property damage to a Missouri peach producer\u2019s orchards in <\/span>Bader Farms, Inc. v. Monsanto Company<\/span>, No. <\/span>1:16-cv-00299<\/span><\/a>.\u00a0 For more background, see <\/span>ALWR\u2014February 20, 2020<\/span><\/a>, \u201cMissouri Federal Jury Returns $265 Million Verdict in Dicamba Drift Trial.\u201d\u00a0 The decision did not impact the jury award of $15 million in compensatory damages. \u00a0 The Court found that the seventeen-to-one ratio of punitive damages to compensatory damages was unconstitutionally excessive and accordingly reduced the punitive damages to a four-to-one ratio, or $60 million.\u00a0 Additionally, the Court denied Monsanto\u2019s and BASF\u2019s motions for a new trial on multiple other grounds asserted.\u00a0 On December 17, 2020, both <\/span>Monsanto<\/span><\/a> and <\/span>BASF<\/span><\/a> filed motions appealing the judgment to the U.S. Court of Appeals for the Eighth Circuit.\u00a0<\/span><\/p>\n Biotechnology: FDA Approves \u201cGalSafe\u201d Pigs for Human Food and Therapeutic Uses<\/span><\/p>\n On December 14, 2020, the U.S. Food and Drug Administration (FDA) <\/span>announced<\/span><\/a> its first approval of intentional genomic alteration (IGA), in so-called \u201cGalSafe pigs,\u201d which \u201celiminate[s] alpha-gal sugar on the surface of the pigs\u2019 cells.\u201d\u00a0 Alpha-gal sugar found in beef, pork, and lamb can cause mild to severe allergic reactions in people with Alpha-gal syndrome (AGS).\u00a0 FDA states that GalSafe pigs may potentially be used for human food or human therapeutics, such as the use of porcine-based materials in the production of human medical products.\u00a0 According to the announcement, FDA determined that the environmental impact from GalSafe pigs is no greater than that from conventional pigs and that GalSafe pigs pose a low risk of promoting antimicrobial resistant bacteria, particularly mitigated by the expected low number of GalSafe pigs to be introduced into the food supply.\u00a0 The company receiving the approval, Revivicor Inc., intends to sell GalSafe pork products initially by mail order.\u00a0\u00a0<\/span><\/p>\n Agricultural Labor:\u00a0 Report Finds 70% of Federal Wage and Hour Division Investigations Result in Violation<\/span><\/p>\n On December 15, 2020, the Economic Policy Institute (EPI) <\/span>announced<\/span><\/a> the publication of a <\/span>report<\/span><\/a> analyzing data from the U.S. Department of Labor\u2019s (DOL) Wage and Hour Division (WHD) on federal labor standards investigations of agricultural employers.\u00a0 According to the report, 70% of such DOL\u2019s WHD investigations resulted in the finding of a violation, including wage and housing deficiencies.\u00a0 <\/span>The Economic Policy Institute (EPI) states that it is a nonprofit, nonpartisan think tank created in 1986 to include the needs of low- and middle-income workers in economic policy discussions.\u00a0 <\/span>According to EPI, a large amount of the violations are attributed to a small number of employers and \u201cthe 5% of investigations with the most violations accounted for half or more of all violations,\u201d especially in fruit, vegetable and poultry\/egg operations.\u00a0 The report points out, however, that due to declines in funding, agricultural employers only have a 1.1% chance of undergoing investigation, specifying that DOL\u2019s WHD only conducted 780 total investigations in 2019.\u00a0 The report calls for more WHD funding along with increased monetary and civil penalties for agricultural employers who violate federal labor laws.<\/span><\/p>\n Invasive Species: Emerald Ash Borer Quarantine Regulations Withdrawn<\/span><\/p>\n On December 14, 2020, the U.S. Department of Agriculture (USDA), Animal and Plant Health Inspection Service (APHIS) published in the Federal Register a final rule effective January 14, 2021, titled\u00a0 \u201cRemoval of Emerald Ash Borer Domestic Quarantine Regulations.\u201d <\/span>85 FR 81085<\/span><\/a>.\u00a0 Infestations of the <\/span>Emerald Ash Borer<\/span><\/a> (EAB), a wood-boring pest that feeds on ash trees, have been detected in thirty-five states and the District of Columbia, with other undiscovered infestations highly likely.\u00a0 The final rule discontinues the federal domestic quarantine program in place since 2003 which sought to prevent the spread of the pest and which has proven ineffective.\u00a0 As a result, APHIS will no longer issue permits or compliance agreements, make site visits, or conduct investigations regarding the EAB.\u00a0 AHPIS will direct available resources toward non-regulatory options for management and containment of the pest, such as rearing and releasing biological control agents.\u00a0<\/span><\/p>\n \u00a0<\/span><\/p>\n Agricultural Law\/Policy Resources of Interest:\u00a0<\/span><\/p>\n Agricultural Economic Insights, LLC, <\/span>Escaping 1980 (Podcast)<\/span><\/a>: Episode\u2014Escaping 2020 (Dec. 16, 2020).<\/span><\/p>\n The National Agricultural Law Center, <\/span>What\u2019s in a Name?: Defining \u201cUndue or Unreasonable Preference or Advantage\u201d in Livestock Contracts<\/span><\/a> (Dec. 16, 2020).\u00a0<\/span><\/p>\n Brigit Rollins,<\/span> Making Waves: EPA Issues Draft of Proposed Guidance for \u201cCounty of Maui\u201d Case<\/span><\/a> (Dec. 17, 2020).\u00a0<\/span><\/p>\n Peggy Kirk Hall, <\/span>Dealing with the Threat of Intentional Harm to Farm Property<\/span><\/a> (Dec. 17, 2020).<\/span><\/p>\n Penn State Research & News:<\/span><\/p>\n ‘Windows of Opportunity’ Crucial for Cutting Chesapeake Nutrient, Sediment Loads<\/span><\/a> (Dec. 14, 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 Wolf Administration Report Details Coordinated Effort To Combat Chronic Wasting Disease; How Hunters Can Help<\/span><\/a> (Dec. 14, 2020).<\/span><\/p>\n Agriculture Secretary Reminds Dog Owners A 2021 License Is The Perfect Holiday Gift For Our Constant Companions<\/span><\/a> (Dec. 14, 2020).<\/span><\/p>\n Department Of Agriculture Releases COVID-19 Restaurant Enforcement Actions, December 7 \u2013 December 13<\/span><\/a> (Dec. 16, 2020).<\/span><\/p>\n Agriculture Department Reminds Private Pesticide Licensees Of March Deadline, Renewal Requirements<\/span><\/a> (Dec. 16, 2020).<\/span><\/p>\n Department Of Agriculture Names Winners Of Pennsylvania Farm Show National Anthem Contest<\/span><\/a> (Dec. 16, 2020).<\/span><\/p>\n Department Of Agriculture Reveals Virtual 2021 Pennsylvania Farm Show Schedule Of Events<\/span><\/a> (Dec. 18, 2020).<\/span><\/p>\n U.S. Department of Agriculture (USDA) Press Releases:<\/span><\/p>\n USDA Announces Joint Final Rule Regarding Equal Treatment of Faith-Based Organizations USDA-Supported Social Service Programs<\/span><\/a> (Dec. 14, 2020).<\/span><\/p>\n USDA Chief Economist Dr. Robert Johansson to Depart<\/span><\/a> (Dec. 14, 2020).<\/span><\/p>\n USDA Announces 2021 Lincoln Leaders Fellowship Opportunities for Minority-Serving Education Institutions<\/span><\/a> (Dec. 15, 2020).\u00a0<\/span><\/p>\n Secretary Perdue Applauds USDA\u2019s 2020 Accomplishments<\/span><\/a> (Dec. 16, 2020).<\/span><\/p>\n USDA, NASA Sign Agreement to Improve Agricultural, Earth Science Research<\/span><\/a> (Dec. 17, 2020).<\/span><\/p>\n Trump Administration Sets the Pace for Food Loss and Waste Reduction Efforts to Continue<\/span><\/a> (Dec. 17, 2020).<\/span><\/p>\n USDA Agency Press Releases:\u00a0<\/span><\/p>\n APHIS Changes Approach to Fight Emerald Ash Borer (EAB)<\/span><\/a>, APHIS (Dec. 14, 2020).<\/span><\/p>\n APHIS Celebrates 2020 Accomplishments<\/span><\/a>, APHIS (Dec. 16, 2020).<\/span><\/p>\n USDA Proposes To Expand Importation of Fresh Citrus Fruit from Australia<\/span><\/a>, APHIS (Dec. 17, 2020).<\/span><\/p>\n USDA Announces Deregulation of Enhanced Yield, Herbicide Tolerant Corn Variety Developed Using Genetic Engineering<\/span><\/a>, APHIS (Dec. 18, 2020).<\/span><\/p>\n USDA Announces Six More Farm Service Agency County Committees for Urban Agriculture, Requests Nominations<\/span><\/a>, FSA (Dec. 17, 2020).<\/span><\/p>\n RMA to Farmers in 2020: \u2018We Listen to You<\/span><\/a>, RMA (Dec. 16, 2020).<\/span><\/p>\n In Challenging Year, USDA Continued its Focus on America\u2019s Farmers and Ranchers<\/span><\/a>, RMA (Dec. 16, 2020).<\/span><\/p>\n STATE ACTIONS\u2014EXECUTIVE\/LEGISLATIVE<\/span><\/p>\n Pennsylvania Executive Agencies (<\/span>Pa. Bulletin Vol. 50, No. 51\u2014Dec. 19, 2020<\/span><\/a>):\u00a0<\/span><\/p>\n Fish and Boat Commission<\/span><\/p>\n 50 Pa.B. 7254<\/span><\/a> <\/span>Notice:<\/span> \u201cProposed Exemptions to Allow for the Continued Stocking of Class A Stream Sections.\u201d<\/span><\/p>\n Pennsylvania Legislature<\/span><\/p>\n No actions Dec. 14\u201318, 2020<\/span><\/p>\n FEDERAL ACTIONS\u2014EXECUTIVE\/LEGISLATIVE<\/span><\/p>\n Federal Executive Agencies (<\/span>Federal Register<\/span><\/a> Dec. 14\u201318, 2020):\u00a0<\/span><\/p>\n Agriculture Department<\/span><\/p>\n 85 FR 80761<\/span><\/a> <\/span>Notice: <\/span>\u201cSubmission for OMB Review; Comment Request [Animal Plant and Health Inspection Service: Black Stem Rust; Identification Requirements and Addition of Rust-Resistant Varieties]\u201d (Dec. 14, 2020).<\/span><\/p>\n 85 FR 80761<\/span><\/a> <\/span>Notice: <\/span>\u201cSubmission for OMB Review; Comment Request [Animal and Plant Health Inspection Service: Importation of Live Swine, Pork and Pork Products, and Swine Semen from the European Union\u201d (Dec. 14, 2020).<\/span><\/p>\n 85 FR 81176<\/span><\/a> <\/span>Notice:<\/span>\u201cSubmission for OMB Review; Comment Request [Forest Service: Bid for Advertised Timber]\u201d (Dec. 15, 2020).<\/span><\/p>\n 85 FR 81442<\/span><\/a> <\/span>Notice: <\/span>\u201cSubmission for OMB Review; Comment Request [Rural Utilities Service: Household Water Well System Grant Program]\u201d (Dec. 16, 2020).<\/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