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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\u00a0<\/span><\/p>\n Food Labeling: International Dairy Federation Publishes Dairy Terminology Standards Update<\/span><\/p>\n On November 18, 2020, the International Dairy Federation (IDF) <\/span>announced<\/span><\/a> the publication of an update to its General Standard for the Use of Dairy Terms (GSUDT), titled <\/span>IDF Bulletin 507\/2020: The Codex General Standard for the Use of Dairy Terms\u2014Its nature, intent, and implications<\/span><\/a>.<\/span>\u00a0 IDF specifies in the bulletin that milk \u201crefers to normal mammary secretion of milking animals obtained from one or more milkings\u201d and that \u201cdairy terms are reserved to milk and milk products conforming to this definition.\u201d\u00a0 Along with the bulletin, which is intended as a guide for legislators and those working in food law, IDF also published a <\/span>position paper<\/span><\/a> outlining the importance of proper dairy product naming and examples of misleading terminology.<\/span><\/p>\n Water Quality: PA CAFO Permit Annual Report and Fee Deadline Extended\u00a0<\/span><\/p>\n On November 23, 2020, the Pennsylvania Department of Environmental Protection (DEP) issued a <\/span>memo<\/span><\/a>: (a) restating the recently-announced requirement for all <\/span>Concentrated Animal Feeding Operations<\/span><\/a> (CAFOs) currently permitted under NPDES General Permit for Operation of CAFOs (PAG-12) to file a Notice of Intent (NOI) for continued operation under the new amended PAG-12 by January 1, 2021, (see <\/span>ALWR\u2014week ending October 30, 2020<\/span><\/a>, \u201cPennsylvania Publishes New NPDES Permit Requirements for CAFOs Effective January 1, 2021\u201d); and (b) extending the CAFO Annual Report and annual NOI installment fee deadlines from January 1, 2021 to February 15, 2021.\u00a0<\/span><\/p>\n \u00a0<\/p>\n Biofuels: Petition Seeks to Enforce 2016 Renewable Fuel Standards Requirements\u00a0<\/span><\/p>\n On November 23, 2020, a group of renewable fuel and agricultural trade associations filed with the U.S. Circuit Court of Appeals for the District of Columbia Circuit (D.C. Circuit Court) a <\/span>motion<\/span><\/a> to enforce that Court\u2019s 2017 <\/span>mandate<\/span><\/a> <\/span>vacating and remanding<\/span><\/a> a challenged U.S. Environmental Protection Agency (EPA) waiver reducing by 500 million gallons the renewable fuel standard (RFS) volume requirements for 2016. <\/span>Americans for Clean Energy v. EPA<\/span> <\/span>No. 16-1005<\/span><\/a>.\u00a0 EPA has never taken action on the matter since the 2017 decision.\u00a0 The moving parties are asking the court to order EPA to correct its 500 million gallon RFS volume reduction by issuing a \u201ccurative obligation\u201d within six months of a court order, with no extensions and follow-up report to the Court.\u00a0<\/span><\/p>\n Conservation Programs: U.S. Forest Service Publishes NEPA Final Rule<\/span><\/p>\n On November 19, 2020, the U.S. Forest Service (USFS) published in the Federal Register a final rule titled, \u201c<\/span>National Environmental Policy Act<\/span><\/a> (NEPA) Compliance.\u201d <\/span>85 FR 73620<\/span><\/a>.\u00a0 Among several <\/span>changes<\/span><\/a>, the final rule provides for a \u201cDetermination of NEPA Adequacy,\u201d specifying that an existing NEPA analysis may be used for a proposed action so long as the new action is \u201csubstantially the same\u201d as the previously analyzed action and its resulting environmental effects are \u201csubstantially similar.\u201d\u00a0 Additionally, the rule adds six new <\/span>categorical exclusions<\/span><\/a> (CE) across multiple classifications, which are exempt from further environmental analysis as long as the action remains within the described size and scope: recreation special uses, administrative sites, recreation sites, restoration and resilience projects, and specified road management projects.\u00a0 The final rule is effective immediately.<\/span><\/p>\n Animal Health: USDA Updates Foot-and-Mouth Disease Response Plan<\/span><\/p>\n On November 12, 2020, U.S. Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) updated its strategy for addressing <\/span>Foot-and-Mouth Disease<\/span><\/a> (FMD) in a document titled, \u201c<\/span>Foot-and-Mouth Disease Response Plan: The Red Book<\/span><\/a>.\u201d\u00a0 The plan outlines the five potential response strategies APHIS might utilize in response to a FMD outbreak.\u00a0 The last FMD outbreak in the United States occurred in 1929 and bordering Canada and Mexico have not experienced FMD outbreaks since 1952 and 1954, respectively.\u00a0 The United Kingdom suffered between $12-$18 billion in economic impact as the result of a 2001 outbreak. FMD is present in approximately two-thirds of the world and endemic in part of Africa, Asia, Eastern Europe, the Middle East and South America.\u00a0\u00a0<\/span><\/p>\n Agricultural Law\/Policy Resources of Interest<\/span><\/p>\n Agricultural Economic Insights, LLC, <\/span>Escaping 1980 (Podcast)<\/span><\/a> Episode 4: Bottoming Out (Nov. 24, 2020).<\/span><\/p>\n Roger A. McEowen, <\/span>The Use of Deferred Payment Contracts – Specifics Matter<\/span><\/a> (Nov. 24, 2020).<\/span><\/p>\n Micah Brown, <\/span>Lending for Livestock, Credit for Crops: Filing a Financing Statement<\/span><\/a> (Nov. 24, 2020).\u00a0<\/span><\/p>\n Penn State Research & News:<\/span><\/p>\n Certain CBD Oils No Better than Pure CBD at Inhibiting Certain Cancer Cell Lines<\/span><\/a> (Nov. 17, 2020).<\/span><\/p>\n Penn State Researcher to Explore How Vitamin D Affects COVID-19<\/span><\/a> (Nov. 23, 2020).<\/span><\/p>\n Penn State Food Scientist Gets Grant to Study Novel Metal Food Can Coatings<\/span><\/a> (Nov. 24, 2020).\u00a0<\/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: CARES Act-Funded Dairy Program Provides $7.6 Million In Direct Relief To 1,550 Pennsylvania Dairy Farmers<\/span><\/a> (Nov. 24, 2020).<\/span><\/p>\n Department Of Agriculture Releases COVID-19 Restaurant Enforcement Actions, November 16 – November 22<\/span><\/a> (Nov. 25, 2020).<\/span><\/p>\n U.S. Department of Agriculture (USDA) Press Releases:<\/span><\/p>\n USDA Launches AskUSDA, Improves and Streamlines Customer Experience<\/span><\/a> (Nov. 18, 2020).<\/span><\/p>\n USDA Shares Easy At-Home Advice for Handling Food Safely this Thanksgiving<\/span><\/a> (Nov. 23, 2020).<\/span><\/p>\n STATE ACTIONS\u2014EXECUTIVE\/LEGISLATIVE<\/span><\/p>\n Pennsylvania Executive Agencies (<\/span>Pa. Bulletin Vol. 50, No. 48\u2014Nov. 28, 2020<\/span><\/a>):\u00a0<\/span><\/p>\n Game Commission<\/span><\/p>\n 50 Pa.B. 6780<\/span><\/a> <\/span>Proposed Rulemaking: <\/span>\u201cWildlife; Chronic Wasting Disease.\u201d\u00a0<\/span><\/p>\n Milk Marketing Board<\/span><\/p>\n 50 Pa.B. 6842<\/span><\/a> <\/span>Notice:<\/span> \u201cHearing and Presubmission Schedule; Milk Marketing Area No. 1; Teleconference [February 3, 2021].\u201d<\/span><\/p>\n 50 Pa.B. 6842<\/span><\/a> <\/span>Notice: <\/span>\u201cHearing and Presubmission Schedule; Milk Marketing Area No. 2; Teleconference [February 3, 2021].\u201d<\/span><\/p>\n 50 Pa.B. 6843<\/span><\/a> <\/span>Notice: <\/span>\u201cHearing and Presubmission Schedule; Milk Marketing Area No. 4; Teleconference [February 3, 2021].\u201d<\/span><\/p>\n State Conservation Commission<\/span><\/p>\n 50 Pa.B. 6846<\/span><\/a> <\/span>Notice: <\/span>\u201cAction on Odor Management Plans for Concentrated Animal Operations and Concentrated Animal Feeding Operations and Volunteers Complying with the Commonwealth’s Facility Odor Management Program.\u201d<\/span><\/p>\n Pennsylvania Legislature<\/span><\/p>\n Signed by the Governor<\/span><\/p>\n SB 835<\/span><\/a> \u201cAn Act providing for funding of high-speed broadband service infrastructure deployment in unserved areas of this Commonwealth and for powers and duties of the Commonwealth Financing Authority; establishing the Unserved High-speed Broadband Funding Program Account; making an appropriation; and making a related repeal.\u201d Act No. <\/span>132<\/span><\/a> (Nov. 25, 2020).<\/span><\/p>\n Presented to the Governor<\/span><\/p>\n HB 1737<\/span><\/a> \u201cAn Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in particular rights and immunities, providing for economic development agency, fiduciary and lender environmental liability protection, for agritourism activity protection and for COVID-19-related liability; and making a related repeal.\u201d (Nov. 20, 2020).<\/span><\/p>\n FEDERAL ACTIONS\u2014EXECUTIVE\/LEGISLATIVE<\/span><\/p>\n Federal Executive Agencies (<\/span>Federal Register<\/span><\/a> Nov. 23\u201327, 2020):\u00a0<\/span><\/p>\n Agriculture Department<\/span><\/p>\n 85 FR 74973<\/span><\/a> <\/span>Notice: <\/span>\u201cSubmission for OMB Review; Comment Request [Foreign Agricultural Service: Quality Samples Program]\u201d (Nov. 24, 2020).<\/span><\/p>\n 85 FR 76004<\/span><\/a> <\/span>Notice: <\/span>\u201cSubmission for OMB Review; Comment Request [Animal and Plant Health Inspection Service: National Veterinary Service Laboratories; Bovine Spongiform Encephalopathy Surveillance Program]\u201d (Nov. 27, 2020).<\/span><\/p>\n Agricultural Marketing Service\u00a0<\/span><\/p>\n 85 FR 74664<\/span><\/a> <\/span>Notice\u2014Comment Period: <\/span>\u201cUnited States Standards for Lentils\u201d (Nov. 23, 2020).<\/span><\/p>\n 85 FR 74972<\/span><\/a> <\/span>Notice\u2014Comment Period: <\/span>\u201cNotice of Request for a New Collection To Populate an Agritourism Directory\u201d (Nov. 24, 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