Avian Influenza: Pennsylvania Department of Agriculture Publishes Order Requiring Bulk Milk Testing 
On November 20, 2024, the Pennsylvania Department of Agriculture (PDA) Secretary Russell Redding issued a general quarantine order—effective immediately and published in the Pennsylvania Bulletin on November 23, 2024 (54 Pa.B. 7570)—requiring bulk testing of milk from Pennsylvania farms for highly pathogenic avian influenza (HPAI). Also announced by PDA, the order requires all in-state milk processors “receiving bulk raw milk directly from a Pennsylvania dairy farm or milk cooperative” to “begin collecting and submitting samples of raw milk taken from each compartment of each milk tanker to [PDA] for testing” no later than November 26, 2024. The order also applies to “any individual Pennsylvania dairy farm or milk cooperative . . . delivering bulk raw milk . . . to an out-of-state milk processor.” According to the announcement, “if the virus is detected, it will trigger further investigation to identify the source” and “special quarantine measures will be established to contain and eliminate the virus at the source.” PDA states that, although “no virus has been detected in Pennsylvania cattle . . . cases continue to rise in other states.” The order is effective for twelve months, unless rescinded or modified.
Dairy Policy: USDA Announces Final Decision to Amend Federal Milk Marketing Order Pricing
On November 12, 2024, the U.S. Department of Agriculture (USDA) Agricultural Marketing Service (AMS) announced a draft proposed rule of the agency’s final decision regarding amendments to the uniform pricing formulas for the 11 Federal Milk Marketing Orders (FMMOs). Issued following USDA’s hearing on the FMMO pricing formula, the decision “makes certain limited changes from the recommended [July 15, 2024] decision based on public comments and reevaluation of record evidence”:
- “Reduction in the delayed implementation of the revised skim milk composition factors from 12 months to 6 months,
- Inclusion of a $0.0015 marketing cost factor in all make allowances,
- A modification to the methodology used to determine the nonfat dry milk make allowance, and
- Limited changes to certain county-specific Class I differentials.”
According to the announcement, “AMS will conduct producer referendums in each of the 11 FMMOs” after the proposal is published in the Federal Register “and before any changes take effect.” AMS states that the agency “will mail ballots to eligible independent producers and qualified cooperative associations” and that ballots must be postmarked by December 31, 2024, and returned by January 15, 2025, to be counted. According to AMS, “the final decision will publish in the Federal Register soon.” See also ALWR—July 29, 2024, “USDA Publishes Proposed Rule to Amend Federal Milk Marketing Order Pricing.”
Agricultural Labor: USDA Publishes November 2024 Farm Labor Report
On November 20, 2024, the U.S. Department of Agriculture (USDA) National Agricultural Statistics Service (NASS) published its semiannual Farm Labor Report, based on the Farm Labor Survey. According to the report, the combined field and livestock workers’ wage rate for the United States is $18.12, up from $17.55 in 2023. The same rate for the “Northeast II” region (Pennsylvania, Delaware, and Maryland)—which the U.S. Department of Labor (DOL) will use to establish the region’s 2025 Adverse Effect Wage Rate (AEWR) for most H-2A workers—is $17.96, up from $17.20 for 2023. DOL is expected to publish the 2025 AEWRs in December 2024.
- Webinar Dec. 13, 2024: Understanding the Basics of Children, Minors & Farm Work
National Agricultural Policy: Senate Agriculture Committee Publishes Farm Bill Draft
On November 18, 2024, the U.S. Senate Agriculture, Nutrition, and Forestry Committee, chaired by Senator Debbie Stabenow, published the Senate draft version of the farm bill, the Rural Prosperity and Food Security Act, along with a summary of the bill. Also announced by the Committee, the draft bill includes a 5% increase to commodity reference prices and “$8.5 billion in new resources that put food on the table.” However, the bill specifies that, “during fiscal years 2025 through 2030, the Commodity Credit Corporation is authorized to use its general powers only to carry out operations as Congress may specifically authorize or provide for.” See also ALWR—May 30, 2024, “House Agriculture Committee Advances Farm Bill.”
Antitrust: Price-Fixing Complaint Filed Against Four Potato Companies
On November 15, 2024, Redner’s Markets, Inc. filed in the Northern District of Illinois a complaint alleging price-fixing against “the four dominant processors of frozen french fries, hash browns, tater tots, and other frozen potato products sold in the United States”: Lamb Weston Holdings, Inc.; McCain Foods USA, Inc.; J.R. Simplot Co.; and Cavendish Farms, Inc. Redner’s Market, Inc. v. Lamb Weston Holdings, Inc., No. 1:24-cv-11801. Redner’s claims that, since “at least the start of 2021,” the defendant companies “conspired to fix” and “increase the price of their Frozen Potato Products even after their input costs significantly declined” and that the defendant companies were charging “lockstep price increases” by imposing “matching, simultaneous or near-simultaneous price increases on their customers.” The complaint seeks treble damages, attorneys’ fees, and declaratory and injunctive relief.
Food Safety: FDA Extends Comment Period for ‘Post-Market Assessment of Chemicals in Food’ Process Development
On November 21, 2024, the U.S. Food and Drug Administration (FDA) published in the Federal Register a notice (89 FR 92130) extending the comment period for the agency’s public meeting on “Development of an Enhanced Systematic Process for FDA’s Post-Market Assessment of Chemicals in Food,” held September 25, 2024 and initially published in the Federal Register in August 2024 (89 FR 65633). According to FDA, the agency is developing a process to “identif[y] and prioritize[e] food chemicals currently in the market for safety reviews,” including “ingredients considered generally recognized as safe (GRAS), food additives, color additives, food contact substances, and contaminants.” The comment period is open until January 21, 2025.
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Understanding Agricultural Law Series:. A free monthly Zoom webinar series for agricultural and rural business advisors. One hour of substantive CLE credit available for Pennsylvania-licensed attorneys at no charge. All events on Fridays, noon–1 pm (ET). Upcoming:
- Dec. 13, 2024, Understanding the Basics of Children, Minors & Farm Work
Podcasts:
Farmland Legal Energy Podcast
Agrivoltaics & Large-Scale Solar Energy in Pennsylvania Update
Artificial Intelligence in Agriculture
Introduction to Wind Farms and How Farmers Can Utilize Wind Power
Resources of Interest:
Penn State, American Soil Losing More Crop Nutrients Due to Heavier Rainstorms, Study Shows, Adrienne Berard (Nov. 18, 2024)
Nat’l Agric. Law Ctr., D.C. Circuit Rules CEQ Lacks Rulemaking Authority, Brigit Rollins (Nov. 19, 2024)
Nat’l Agric. Law Ctr., Need Info on ‘Heirs Property’? NALC Publishes Research-Based Resources on State Heirs Property, Drew Viguet (Nov. 14, 2024)
Agric. Law & Tax’n Blog, More Legal and Tax Issues for Farmers and Ranchers, Roger A. McEowen (Nov. 10, 2024)
Univ. Md. Risk Mgmt. Educ. Blog, New Publication Explains Trusts, Robert Moore (Nov. 14, 2024)
Nat’l Agric. Law Ctr., Community Supported Agriculture: A Field Guide for Producers and Consumers (Formation and Contracting with Members), Drew Viguet (Nov. 14, 2024)
STATE ACTIONS—EXECUTIVE & LEGISLATIVE
PENNSYLVANIA DEPARTMENT OF AGRICULTURE PRESS RELEASES
Shapiro Administration Visits Berks County Dairy to See How Apprenticeships Are Helping Dairy Farmers Get Stuff Done (Nov. 20, 2024)
Pennsylvania Requires Precautionary Bulk Milk Testing at Processing Plants to Protect Dairy, Poultry Industries from Avian Influenza (Nov. 20, 2024)
PENNSYLVANIA EXECUTIVE AGENCIES
(Pa. Bulletin Vol. 54, No. 46—Nov. 16, 2024) and (Pa. Bulletin Vol. 54, No. 47—Nov. 23, 2024)
Department of Agriculture
54 Pa.B. 7565 Notice: “Firewood Quarantine Order”
54 Pa.B. 7567 Notice: “General Quarantine Order; Influenza A Viruses in Ruminants; Exhibition of Dairy Cattle”
54 Pa.B. 7570 Notice: “Interstate and International Quarantine Order; Restriction of Movement and Pre-Movement Influenza Testing of Dairy Cattle”
54 Pa.B. 7473 Notice: “Program Requirements for the Pennsylvania Agriculture Veteran Grant Program”
54 Pa.B. 7471 Notice: “Agricultural Product Promotion, Education and Export Promotion Matching Grant Program; 2024-2025 Application Period”
Department of Environmental Protection
54 Pa.B. 7575 Notice: “Applications for National Pollutant Discharge Elimination System (NPDES) Permits and Water Quality Management (WQM) Permits Under the Clean Streams Law and Federal Clean Water Act”
54 Pa.B. 7634 Notice: “Availability of the Non-Regulatory Agenda”
54 Pa.B. 7634 Notice: “Federal Consistency under the Coastal Zone Management Act; United States Navy Proposed Maintenance Dredging at Philadelphia Navy Yard Annex Reserve Basin in Philadelphia”
54 Pa.B. 7475 Notice: “Applications for National Pollutant Discharge Elimination System (NPDES) Permits and Water Quality Management (WQM) Permits Under the Clean Streams Law and Federal Clean Water Act”
54 Pa.B. 7533 Notice: “Availability of Technical Guidance”
54 Pa.B. 7533 Notice: “Extension of Erosion and Sediment Control General Permit (ESCGP-3) for Earth Disturbance Associated with Oil and Gas Exploration, Production, Processing or Treatment Operations or Transmission Facilities”
54 Pa.B. 7534 Notice: “Extension of General Permit for the Beneficial Use of Biosolids by Land Application (PAG-08)
54 Pa.B. 7534 Notice: “Extension of General Permit for the Beneficial Use of Exceptional Quality Biosolids by Land Application (PAG-07)”
54 Pa.B. 7534 Notice: “Extension of General Permit for the Beneficial Use of Residential Septage by Land Application (PAG-09)”
PENNSYLVANIA LEGISLATURE
SB 1348 “An Act establishing the Near Zero Emission Truck Incentive Program and the Near Zero Emission Truck Incentive Fund; and providing for the powers and duties of the Department of Transportation.” In the Senate – Referred to TRANSPORTATION (Nov. 15, 2024)
SR 370 “A Resolution recognizing November 16, 2024, as “National Stormwater Day” in Pennsylvania.” In the Senate – Referred to RULES AND EXECUTIVE NOMINATIONS (Nov. 15, 20240
HB 1578 “An Act amending Title 66 (Public Utilities) of the Pennsylvania Consolidated Statutes, in natural gas competition, further providing for requirements for natural gas suppliers; and, in restructuring of electric utility industry, further providing for requirements for electric generation suppliers.” In the Senate – Referred to CONSUMER PROTECTION AND PROFESSIONAL LICENSURE (Nov. 7, 2024)
FEDERAL ACTIONS—EXECUTIVE & LEGISLATIVE
U.S. ENVIROMENTAL PROTECTION AGENCY
EPA Provides $196 Million Loan for Indiana Water Projects (Nov. 22, 2024)
Biden-Harris Administration Announces National Strategy to Prevent Plastic Pollution (Nov. 21, 2024)
EPA Announces New Draft Framework to Advance Consideration of Cumulative Impacts on Communities (Nov. 21, 2024)
EPA, Justice Department and Pennsylvania Announce Settlements to Reduce Climate and Health Harming Emissions (Nov. 21, 2024)
EPA Launches New Initiative to Tackle PFAS, Identify Emerging Contaminants in Water (Nov. 20, 2024)
EPA $5 Million Brownfields Cleanup Grant to Revitalize Historic Family Services Building in Poughkeepsie (Nov. 20, 2024)
City of Asheville lifts systemwide boil water notice issued after Hurricane Helene (Nov. 19, 2024)
U.S DEPARTMENT OF AGRICULTURE (USDA) PRESS RELEASES
USDA Launches New Online Civil Rights Tool for USDA Customers (Nov. 22, 2024)
USDA Announces More than $2 Billion to Strengthen Specialty Crops Sector, Expand Crop Storage for Producers Following 2024 Natural Disasters (Nov. 19, 2024)
Secretary Vilsack Highlights Historic Investments in U.S. Agriculture and Four Years of Climate Progress at COP29 (Nov. 19, 2024)
USDA AGENCY PRESS RELEASES:
Agricultural Marketing Service
USDA, DOL Launch Nation’s First Federal Sponsored Student Apprenticeship Program in Partnership with Tuskegee University (Nov. 21, 2024)
USDA Partners with the District of Columbia to Award $1.4 Million to Strengthen Food Supply Chain Infrastructure (Nov. 19, 2024)
Animal and Plant Health Inspection Service
APHIS in Action: Preserving APHIS History: A Community’s Agricultural Ancestry (Nov. 20, 2024)
USDA Confirms Highly Pathogenic Avian Influenza in Backyard Non-Poultry Flock in Hawaii (Nov. 18, 2024)
Farm Service Agency
USDA Designates Six Texas Counties as Primary Natural Disaster Areas Due to Excessive Moisture, Flash Flood, High Winds, and Hail (Nov. 22, 2024)
USDA Designates Four Texas Counties as Primary Natural Disaster Areas Due to Drought, Excessive Heat, and High Winds (Nov. 22, 2024)
USDA Designates 29 Oklahoma Counties as Primary Natural Disaster Areas for Drought (Nov. 21, 2024)
Federal Emergency Management Agency Designates Eight Texas Counties as Primary Natural Disaster Areas Due to Hurricane Beryl (Nov. 21, 2024)
USDA Designates 24 Texas Counties as Primary Natural Disaster Areas for Drought (Fast-Track) (Nov. 21, 2024)
USDA Offers Targeted Farm Loan Funding for Underserved Groups and Beginning Farmers (Nov. 20, 2024)
USDA Designates 2 South Carolina Counties as Primary Natural Disaster Areas (Nov. 20, 2024)
USDA Designates 3 Kentucky Counties as Contiguous Natural Disaster Areas Due to Drought and Excessive Heat (Nov. 20, 2024)
USDA Designates 2 South Carolina Counties as Primary Natural Disaster Areas (Nov. 20, 2024)
USDA Designates 3 Kentucky Counties as Contiguous Natural Disaster Areas Due to Drought and Excessive Heat (Nov. 20, 2024)
Dearborn, Franklin and Ripley County Livestock Producers Reminded to Report Forage Losses by January 30 (Nov. 20, 2024)
2024 Farm Service Agency County Committee Elections Now Open (Nov. 19, 2024)
USDA Designates Chaves County New Mexico as Primary Natural Disaster Area Due to Flooding (Nov. 19, 2024)
2024 Farm Service Agency County Committee Elections Now Open (Nov. 19, 2024)
USDA Designates Chaves County New Mexico as Primary Natural Disaster Area Due to Flooding (Nov. 19, 2024)
USDA’s Farm Service Agency to Host Nov. 25 Disaster Assistance Webinar for Florida Producers Impacted by Recent Hurricanes (Nov. 18, 2024)
Hurricane Helene Recovery Virtual Information Session to be Held November 21 (Nov. 18, 2024)
Forest Service
Communities At Risk from Wildfires Can Now Apply for Funding (Nov. 21, 2024)
National Institute of Food and Agriculture
Tribal Beef Cattle Herds Improving through University of Idaho Fort Hall Federally Recognized Tribes Extension Program Efforts (Nov. 22, 2024)
USDA NIFA Invests $14 Million to Further Food Safety Research and Outreach (Nov. 20, 2024)
USDA, Cooperative Extension & APLU Award 2024 Top Honors in Extension Excellence and Diversity (Nov. 18, 2024)
NIFA-Funded Researchers Investigate Antimicrobial Resistance (Nov. 18, 2024)
National Resource Conservation Service
USDA Invests $7 Million in Eight Wetland Mitigation Banking Projects to Support Producers and Protect Wetland Ecosystems (Nov. 21, 2024)
The Impact of the Youth Employment Program in Southwestern Montana (Nov. 21, 2024)
Transforming a Private Forest through Conservation: Joint Chiefs’ Project in Flathead County (Nov. 21, 2024)
USDA Natural Resources Conservation Service Accepting 2025 MRBI-CSP Applications for 8 Water Quality Projects through Jan 10th, 2025 (Nov. 21, 2024)
NRCS State Technical Committee will meet December 17 Virtually (Nov. 21, 2024)
Transforming Forests: How the Libby Surround Joint Chiefs’ Project is Making a Difference (Nov. 21, 2024)
Fiscal Year 2025 Programs Signup Deadline (Nov. 20, 2024)
Announcing Fiscal Year (FY) 2025 Signup for the Agricultural Conservation Easement Program (ACEP) (Nov. 19, 2024)
USDA Natural Resources Conservation Service Accepting 2025 Applications for 1 Arkansas RCPP Projects (Nov. 18, 2024)
Apply for FY 25 Agricultural Land Easement assistance from USDA by December deadlines (Nov. 18, 2024)
FEDERAL EXECUTIVE AGENCIES (Federal Register Nov. 18–22, 2024):
Agricultural Department
89 FR 92607 Proposed Rule—Notification of Public Meetings: “Salmonella Framework for Raw Poultry Products” [Food and Safety Inspection Service] (Nov. 22, 2024)
89 FR 92086 Notice: “Submission for OMB Review; Comment Request [USDA Trade Missions and Trade Shows]” (Nov. 21, 2024)
89 FR 92086 Notice: “Amended Notice of Solicitation of Applications for the Rural Economic Development Loan and Grant Programs for Fiscal Year 2025” (Nov. 21, 2024)
89 FR 91529 Interim Rule—Comment Period: “Implementation of HAVANA Act of 2021” (Nov. 20, 2024)
89 FR 91314 Notice—Comment Period: “Agency Information Collection Activities, Proposed Collection: Request for Comments on Guidance for Supplemental Nutrition Assistance Program (SNAP) Certification and Quality Control Interviews Study” (Nov. 19, 2024)
89 FR 90663 Notice: “Submission for OMB Review; Comment Request [Agricultural Research Service, U.S. National Arboretum Use of the Grounds and Facilities as well as Commercial Photography and Cinematography]” (Nov. 18, 2024)
Agricultural Marketing Service
89 FR 92569 Rule: “Pears Grown in Oregon and Washington; Marketing Order Approval Requirement” (Nov. 22, 2024)
89 FR 90569 Final Rule: “Soybean Promotion and Research: Adjustments to Representation on the United Soybean Board” (Nov. 18, 2024)
Animal and Plant Health Inspection Service
89 FR 92617 Notice—Correction: “Veterinary Services User Fees; Correction” (Nov. 22, 2024)
Environmental Protection Agency
89 FR 92681 Notice: “Animal Agriculture and Water Quality Subcommittee (AAWQ), Subcommittee of the Farm, Ranch, and Rural Communities Committee (FRRCC); Notice of Public Meeting Animal Agriculture and Water Quality Subcommittee” (Nov. 22, 2024)
89 FR 92681 Notice: “Environmental Impact Statements; Notice of Availability” (Nov. 22, 2024)
89 FR 91739 Notice—Comment Period: “Risk Management Under the Toxic Substances Control Act: Certain Per- and Polyfluoroalkyl Substances; Extension of Comment Period” (Nov. 20, 2024)
89 FR 91382 Notice: “Pesticide Registration Maintenance Fee; Notice of Receipt of Requests to Voluntarily Cancel Certain Pesticide Registrations and Notice of Intent to Cancel Certain Other Pesticide Registrations for Non-Payment” (Nov. 19, 2024)
Farm Service Agency
89 FR 91313 Notice—Request for Comment: “Information Collection Request; 2017 Wildfires and Hurricanes Indemnity Program (WHIP) and Quality Loss Adjustment (QLA) Program” (Nov. 19, 2024)
Food and Nutrition Service
89 FR 91314 Notice: “Agency Information Collection Activities, Proposed Collection: Request for Comments on Guidance for Supplemental Nutrition Assistance Program (SNAP) Certification and Quality Control Interviews Study” (Nov. 19, 2024)
Forest Service
89 FR 91673 Notice—Solicitation for Members: “Secure Rural Schools Resource Advisory Committees” (Nov. 20, 2024)
89 FR 91672 Notice: “Alpine County Resource Advisory Committee” (Nov. 20, 2024)
Natural Resources Conservation Service
89 FR 92618 Notice: “Notice of Intent to Prepare an Environmental Impact Statement for the North Cache Valley Watershed Plan Project in Franklin County, Idaho and Cache County, Utah” (Nov. 22, 2024)
U.S. HOUSE AGRICULTURE COMMITTEE:
H.R.10234 “To authorize the Secretary of the Interior and the Secretary of Agriculture to carry out activities to control the movement of aquatic invasive species into, across, and out of Federal land and waters, to provide for financial assistance from the Commissioner of Reclamation to Reclamation States for watercraft inspection and decontamination stations, to amend the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 to make certain technical corrections, and for other purposes.” Referred to the Committee on Natural Resources, and in addition to the Committees on Agriculture, and Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. (Nov. 21, 2024)
H.R.10204 “To amend the Food Security Act of 1985 to modify the conservation reserve enhancement program.” Referred to the House Committee on Agriculture (Nov. 21, 2024)
H.R.10162 “RESERVE Federal Land Act” Referred to the Committee on Natural Resources, and in addition to the Committees on Agriculture, and Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. (Nov. 18, 2024)
H.R.10156 “To amend the Food Security Act of 1985 to repeal certain provisions relating to the acceptance and use of contributions for public-private partnerships, and for other purposes.” Referred to the House Committee on Agriculture. (Nov. 18, 2024)
U.S. SENATE COMMITTEE ON AGRICULTURE, NUTRITION, AND FORESTRY:
No Agriculture actions Nov. 18–22, 2024.
Agriculture-Related Legislative Hearings & Reports
No Upcoming Hearings or Reports.
Contributors:
Audry Thompson—Staff Attorney
Riley Amdor—Research Assistant
Victoria Dutterer—Research Assistant