COVID-19: Supreme Court Grants Stay of OSHA Workplace Vaccination Rule
On January 13, 2022, the U.S. Supreme Court granted applications for a stay of the U.S. Department of Labor (DOL) Occupational Safety and Health Administration’s (OSHA) November 5, 2021 COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS) (86 FR 61402). National Federation of Independent Business, et al., v. OSHA et al., Nos. 21A244 and 21A247. The stay will be in effect until the cases are finally concluded in the federal courts. The cases were also remanded back to the Sixth Circuit Court of Appeals for disposition on their merits. The ETS expires by law on May 6, 2022 and the litigation (requiring disposition by the Sixth Circuit and a likely return to the U.S. Supreme Court) is highly unlikely to be concluded by the ETS’ sunset date. On January 13, 2022, DOL Secretary Walsh issued a statement which said, among other things, that “OSHA will do everything in its existing authority to hold businesses accountable for protecting workers, including under the Covid-19 National Emphasis Program and General Duty Clause.” That DOL webpage also reiterates that “[t]he ETS also acts as a proposal for a permanent standard” and that the regulation promulgation process for a permanent standard “to protect workers from the grave danger of COVID-19” will continue on Docket number OSHA-2021-0007 as commenced, with the comment period closing on January 19, 2022. For more, see ALWR—Nov. 5, 2021, “OSHA Vaccination Mandate Issued and Immediately Stayed by Federal Court.”
Biofuels: Supreme Court Denies Review of E15 Year-Round Sale Vacatur
On January 10, 2022, the U.S. Supreme Court denied review of a July 2021 D.C. Circuit Court of Appeals decision holding that the U.S. Environmental Protection Agency (EPA) lacked authority to grant a so-called “high volatility fuel waiver” which allowed year-round sales of gasoline containing as high as 15% ethanol (E15). Growth Energy, Petitioner v. American Fuel & Petrochemical Manufacturers, et al., No. 21-519. As a result, the D.C. Circuit Court’s decision stands and nothing greater than a 10% ethanol blend (E10) can be permitted to be sold annually from May 1 through September 15. Up to E15 blends may be sold during the remainder of the calendar year. For background, see ALWR—Oct. 8, 2021, “Biofuel Advocacy Group Files Supreme Court Petition for Review of E15 Vacatur.”
Pesticides/Herbicides: Litigants Seek Lifting of Stay in 2020 Dicamba Registration Litigation
On January 6, 2022, in response to the U.S. Environmental Protection Agency’s (EPA) recently released 2021 dicamba report, the Center for Biological Diversity filed a motion in the U.S. District Court for the District of Arizona seeking to lift the stay of proceedings initiated in December 2020 to overturn the three October 2020 EPA pesticide registrations for dicamba-containing products. Center for Biological Diversity et al v. U.S. EPA et al, No. 4:20-cv-00555. According to the motion, EPA’s 2021 dicamba report signifies a “drastic change in circumstances” justifying a removal of the stay because the report acknowledges that the dicamba products at issue “have continued to cause agricultural and environmental destruction, including potential harm to endangered species,” a reversal of EPA’s previous position when the court originally granted the stay. Additionally, the motion seeks to expedite the litigation to avoid further “agricultural and environmental harm.” While this case has been filed in a U.S. District Court under a theory that is the correct venue for challenging the registrations, multiple other consolidated cases seeking to overturn the same registrations remain pending in the D.C. Circuit Court of Appeals. American Soybean Association, et al., v. Regan, et al., No. 20-1441. In those consolidated cases, EPA has filed a still-pending motion to dismiss claiming that the proper venue is a U.S. District Court. For background, see ALWR—Dec. 24 & 31, 2021, “EPA Publishes 2021 Dicamba Report and Addresses 2020 Growing Season.”
Animal Health: High Path Avian Influenza Detected at Canadian Exhibition Farm
On January 9, 2022, the Canadian Food Inspection Agency (CFIA) confirmed the presence of high pathogenic Avian Influenza (AI), subtype H5N1, at a farm in the Avalon Peninsula on the island portion of the province of Newfoundland and Labrador. Previously, on December 20, 2021, the CFIA confirmed the presence of high pathogenic AI, subtype H5N1, at another farm in the same peninsula. Both premises are exhibition farms that do not produce birds for sale, so the detections are considered “non-poultry detection” according to the World Organization for Animal Health (OIE) protocols. The CFIA has placed both farms under quarantine and established a 10 km zone with movement control measures. These detections should have no impact on trade. Avian influenza circulates among wild waterfowl, which can spread the disease to farmed poultry. Recent detections of high pathogenic AI in Europe indicate an even higher risk of the disease in North American poultry flocks this year.
Animal Health: High Path Avian Influenza Detected in Wild Bird in South Carolina
On January 14, 2022, the United States Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) confirmed highly pathogenic avian influenza (HPAI) of the H5N1 subtype in a wild American wigeon in Colleton County, South Carolina. USDA APHIS stated the following facts in the official announcement. HPAI H5 viruses have not been detected in a wild bird in the United States since 2016. A case of HPAI (H7N3) was detected in one commercial meat turkey flock in South Carolina in 2020. APHIS’ Wildlife Services collected the sample from the hunter-harvested American wigeon. The Centers for Disease Control and Prevention (CDC) considers the risk to the general public from HPAI H5 viruses to be low. No human infections with HPAI H5 viruses have occurred in the United States. On January 18, 2022, USDA APHIS confirmed two additional cases of HPAI H5N1 in wild birds, one also in Colleton County, SC and one in Hyde County, NC. See Weekly Featured Graphics below for more information.
International Trade: India Allows U.S. Pork Imports
On January 10, 2022, U.S. Agriculture Secretary Tom Vilsack and Trade Representative Katherine Tai announced that the Indian government has approved for import into India U.S. pork and pork products previously disallowed.
Water Quality: Pennsylvania Announces Amended Watershed Implementation Plan to Meet 2025 Chesapeake Bay Pollution Reduction Goals
On January 5, 2022, the Pennsylvania Department of Environmental Protection (DEP) announced that pursuant to amendments to its Phase 3 Watershed Implementation Plan (WIP) submitted to the U.S. Environmental Protection Agency on December 31, 2021, and so long as adequate program funding is maintained for its WIP, Pennsylvania will be able to meet its 2025 nutrient and sediment pollution reduction goals, which in material part require the state to reduce nitrogen by 32.5 million pounds and phosphorus by 0.85 million pounds. As of 2020, Pennsylvania has reduced nitrogen by 6.77 million pounds and phosphorus by 0.3 million pounds. According to DEP, the WIP as amended will: (a) reduce nitrogen by 7.8 million pounds through multi-year and structural best management practices (BMPs) between 10-15 years of age which continue to function despite EPA modeling not attributing credit for their continuing reductions due to age; and (b) achieve a reduction of 16.8 million pounds of nitrogen through the coming implementation of a full complement of 34 Countywide Action Plans (CAP) across the watershed. Additionally, Pennsylvania will reduce nitrogen by 6.1 million pounds through forestry practices, wastewater treatment, stormwater management, and agricultural nutrient management. $324.2 million annually remains the funding need.
Local Food: New Jersey Law Prohibits ‘Local’ Labeling Unless Fruit or Vegetable is Produced In-State
On January 10, 2022, the New Jersey legislature passed three agriculture-related bills: A4232 (39-0), S3465 (39-0) and most notably S4128 (31-1). All three were signed by New Jersey Governor Phil Murphy on January 18, 2021. Effective March 19, 2022, under penalty of a $100 fine for a first offense and $200 for any subsequent offenses, S4128 places significant restrictions on retail labeling of fruits and vegetable as follows: “[a]food retailer shall not label, or advertise or in any way imply with labeling or signage in the store or other establishment where the fruit or vegetable is sold, that a fruit or vegetable is “locally grown,” “locally harvested,” “locally-sourced,” or local to the State unless the fruit or vegetable was grown, harvested, and packaged within the State.” S3465 appropriates $125,000 to the state Department of Agriculture to pay enrolled dairy producers’ premiums under the federal Dairy Margin Coverage Program. A4232 creates a grant program that would provide up to $200 per acre, totaling no more than $20,000, to assist farmland owners to construct deer fencing on their property.
Agricultural Labor: All California Agricultural Workers Now Entitled to Overtime
On January 1, 2022, several provisions of California’s AB 1066 became effective, granting overtime pay entitlements to agricultural workers. Under 860(d)(1), agricultural employers with twenty-six or more employees must pay one and a half times an employee’s regular salary for hours worked in excess of eight hours per day or forty hours per week. Under 862(a), employers must pay double the employee’s regular pay for hours worked in excess of twelve hours per day. These provisions will extend to employers with twenty-five or fewer employees on January 1, 2025. Under 860(a)(2), employers with twenty-five or fewer employees must now pay overtime for hours worked in excess of nine and a half hours per day or fifty-five hours per week. Additionally, under 863(c), the California governor no longer has the authority to suspend phased-in overtime provisions.
Agricultural Labor: Maine Governor Vetoes Farm Worker Collective Bargaining Bill
On January 7, 2022, Maine Governor Janet Mills vetoed bill L.D. 151 (H-679), titled “An Act To Protect Farm Workers by Allowing Them To Organize for the Purpose of Collective Bargaining.” The bill would have granted agricultural employees collective bargaining rights, required agricultural employers to bargain, and created procedures for contract mediation, complaint filing, hearings, and labor board enforcement. The law would have applied to all Maine farms with more than five employees. Governor Mills stated that, despite the bill’s good intentions and “support of collective bargaining rights for workers generally,” the bill at issue “would subject [Maine] farmers to a complicated new set of laws that would require them to hire lawyers just to understand.” Further, Governor Mills stated that Maine’s agricultural sector, which is comprised largely of “small, family-oriented operations,” is different from other states where agriculture is controlled by “factory farms and large corporate interests,” and that legislation to protect Maine’s agricultural workers “should be tailored to the unique circumstances of [the state’s] agricultural sector,” which, Governor Mills wrote, “this bill is not.”
Weekly Episode #203. Supreme Court Stays OSHA Vaccination Rule & Environmental Groups Revive Dicamba Challenge Citing EPA Report (Jan. 20, 2022).
Weekly Episode #202. EPA Publishes 2021 Dicamba Report & States Act on Animal Welfare Laws (Jan. 15, 2022).
Weekly Episode #201. White House Links Meat Processor Profits to Rising Food Prices & EPA Announces Renewable Fuel Volume Requirements (Jan. 7, 2022).
2nd Annual Pennsylvania Farm Show Agricultural Law Symposium, Four hours of educational webinars conducted by the Center on Jan. 11 and 13, 2022—video recordings for on-demand viewing and powerpoint presentations available.
Feb. 1-3, 2022: 2022 Mid-Atlantic Fruit and Vegetable Convention, Hershey, PA. Center Staff Attorney Jackie Schweichler will present on Legal Liability Risks from Business Invitees on the Farm (Feb. 2 at 11:00 a.m.) and Legal Considerations for Agritourism (2:30 p.m.).
Feb. 1–3, 2022: Pennsylvania Dairy Summit, Lancaster, PA. Center Staff Attorney Brook Duer will present on Feb. 2 on Protecting Yourself from Animal Activism (10:40 a.m.).
Feb. 10, 2022: Penn State Extension Webinar, Liability Issues for the Value-Added Dairy Foods Processor, noon – 1:00 pm EST. Center Staff Attorney Brook Duer will be the presenter.
Feb. 10–12, 2022: PASA Sustainable Agriculture’s 2022 Sustainable Agriculture Conference, Lancaster, PA. Virtual Pre-Conference from Jan. 4 to 28. Center Staff Attorney Brook Duer will present on Feb. 12 on Direct Sale of Raw and Processed Specialty Crop Products: Legal Liabilities, Contracting and Insurance (9:00 am).
Top #AgLaw HotLinks Jan. 10–14, 2022
Pennsylvania Farm/Food Employers’ Listserv (PFEL) is a human resources legal news and networking group exclusively for farm and food employers. Subscribe by email with “subscribe” in the subject line to [email protected].
Academic & Government Resources
- Nat’l Agric. Law Ctr., Land Use Conflicts Between Wind and Solar Renewable Energy and Agricultural Uses, Peggy Kirk Hall, Whitney Morgan and Jesse Richardson (Jan. 10, 2022).
- Nat’l Agric. Law Ctr., Focus on Food: Bioengineered Foods Now Require Disclosure, Jana Caracciolo (Jan. 11, 2022).
- Nat’l Agric. Law Ctr, Basics of International Trade: Tariffs, Samantha Mikolajczyk (Jan. 13, 2022).
- Texas A&M Agric. Law Blog, 2021 Year in Review—Texas, Tiffany Dowell Lashmet (Jan. 10, 2022).
- of Md. Risk Mgmt. Educ., FDA Proposes Changes to Produce Safety Rule Agricultural Water Requirements, Nicole Cook (Jan. 11, 2022).
- Ohio State Univ. Ext. Farm Office, An Agricultural Employer’s 2021 Tax Obligations: A Series, Peggy Kirk Hall (Jan. 11, 2022).
- Ohio State Univ. Ext. Farm Office, An Agricultural Employer’s 2021 Tax Obligations: A Series, Part II, Peggy Kirk Hall (Jan. 14, 2022).
- Iowa State Univ., Ctr. For Ag. Law & Tax’n., How Will COVID-19 Relief Impact Farmers’ 2021 Returns?, Kristine Tidgren (Jan. 3, 2022).
- Iowa State Univ., Ctr. For Ag. Law & Tax’n., Farm Transitions: Entering, Expanding, or Exiting the Business (educational conference), February 10-11, 2022, 8:00 am – 4:30 pm, $150 for virtual conference attendance and materials.
- Iowa State Univ. Ctr. Agric. Law & Tax’n., Tax Return Filing Season for Individuals Begins January 24, Kristine A. Tidgren (Jan. 10, 2022).
- Iowa State Univ. Ctr. Agric. Law & Tax’n., Will 2022 Bring New Tax Law?, Kristine A. Tidgren (Jan. 10, 2022).
- Law and Tax’n. Blog, “Top Ten” Agricultural Law and Tax Developments of 2021—Numbers 4 and 3, Roger A. McEowen (Jan. 10, 2022).
- Law and Tax’n. Blog, “Top Ten” Agricultural Law and Tax Developments of 2021—Numbers 2 and 1, Roger A. McEowen (Jan. 13, 2022).
- Vermont Agency of Agric., Food, and Markets, VAAFM announces Vermont ‘pay-for-performance’ agricultural phosphorus reduction program now taking applications (Jan. 7, 2022)
- Ohio State U. Ext., Planning for the Future of Your Farm, 4-part webinar series Jan. 31, Feb. 7, 21 & 28, 2022, 6:30-8:30 pm via ZOOM.
Media & Industry Resources
- Facing South, After sale, Valley Proteins workers continue their fight for workplace justice (Jan. 14, 2022).
- Nat’l Milk Producers Federation, Dairy Defined Podcast, Price Forecast Positive for Dairy, NMPF’s Vitaliano Says (Jan. 10, 2022).
- Bay Journal, PA contends its new cleanup plan will meet Bay goals (Jan. 13, 2022).
- Bay Journal, Ahead on state agendas: Climate, environmental justice, Chesapeake cleanup funds, Legislators convene in Maryland, Virginia, and Pennsylvania (Jan. 12, 2022).
- Progressive Farmer, Ag Policy Blog, India Agrees to Allow Imports of U.S. Pork Products, Chris Clayton (Jan. 11, 2022).
- Progressive Farmer, Ag Policy Blog, Questions at AFBF Over Legislation to Mandate Regional Lives of Negotiated Cash Trade Sales, Chris Clayton (Jan. 10, 2022).
- Progressive Farmer, Report: Biden Considers More RFS Cuts, Todd Neeley (Jan. 12, 2022).
Penn State News, Research & Resources
- Water Scarcity May Spur Improvements at Manufacturing Facilities (Jan. 11, 2022).
- Researchers Use Satellites to Monitor Bat Habitat and Study Virus Spillover (Jan. 11, 2022).
- Land-Use Webinar to Focus on Planning Walkable and Connected Communities (Jan. 13, 2022).
Weekly Featured Graphics:
- USDA, APHIS, 2022 Highly Pathogenic Avian Influenza (Jan. 18, 2022).
“These findings are not unexpected, as wild birds can be infected with HPAI and show no signs of illness. They can carry the disease to new areas when migrating. APHIS anticipates additional wild bird findings as our robust wild bird sampling program continues into the spring. APHIS will post these and all future wild bird findings on its website on a weekly basis. Stakeholders should check the website on a routine basis, as no future stakeholder announcements are planned for wild bird findings.”
2. Penn State Extension, Family Farm Financial & Business Planning Flowchart.
Agriculture-Related Legislative Hearings & Reports:
PA House Appropriations Committee Budget Hearing for Department of Agriculture, March 2, 2022, 10:00 am EST, location and livestream link tba.
PA Senate Appropriations Committee Budget Hearing for Department of Agriculture, March 3, 2022, 10:00 am EST, Hearing Room 1, North Office Bldg. and livestream.
U.S. House Agriculture Committee Hearing, Implications of Electric Vehicle Investments for Agriculture and Rural America, Wednesday, (recorded January 12, 2022) video and written testimony.
U.S. House Agriculture Committee Hearing, To Review the State of the Rural Economy with Agriculture Secretary Tom Vilsack, Jan. 20, 2022, 9:00 am EST.
2021 U.S. House Agriculture Committee hearings, complete list for on-demand viewing:
Climate Change and the U.S. Agriculture and Forestry Sectors (Feb. 25, 2021).
A Look at Food Insecurity in America (Mar. 11, 2021).
A Hearing to Review the State of Black Farmers in the U.S. (Mar. 25, 2021).
The Future of SNAP: Moving Past the Pandemic (May 26, 2021).
Examining Opportunities for Growth and Investment in Rural America (June 15, 2021).
Markup of Commodity Futures Trading Commission Whistleblower Program (June 16, 2021).
A Hearing to Review the Efficacy of the Farm Safety Net (June 23, 2021).
Examining the SNAP Benefit Cliff (July 12, 2021).
State of the Beef Supply Chain: Shocks, Recovery, and Rebuilding (July 28, 2021).
Voluntary Carbon Markets in Agriculture and Forestry (Sept. 23, 2021).
A Hearing to Review the State of the Livestock Industry (Oct. 7, 2021).
The Immediate Challenges to our Nation’s Food Supply Chain (Nov. 3, 2021).
A Look at the Renewable Economy in Rural America (Nov. 16, 2021).
Trade Policy and Priorities (Nov. 17, 2021).
Review of USDA Nutrition Distribution Programs (Dec. 8, 2021).
FEDERAL ACTIONS—EXECUTIVE & LEGISLATIVE
U.S. DEPARTMENT OF AGRICULTURE (USDA) PRESS RELEASES:
Statement by Secretary Vilsack on Martin Luther King Jr. Day (Jan. 14, 2022).
USDA AGENCY PRESS RELEASES:
Agricultural Marketing Service (AMS)
Pre-Solicitation Announcement for Section 32 Purchase of Pistachios (Jan. 11, 2022).
USDA Announces Cotton Board Appointments (Jan. 11, 2022).
USDA Announces 2022 Grain Fee Schedule (Jan. 11, 2022).
USDA Seeks Nominees for National Mango Board (Jan. 13, 2022).
Agricultural Research Service (ARS)
Readying Wheat with Climate Resiliency (Jan. 10, 2022).
Device Sniffs Out the “Smell-fingerprints” of Pestered Plants (Jan. 11, 2022).
Animal and Plant Health Inspection Service (APHIS)
APHIS Seeks Comment on A New Approach to International Seed Trade (Jan. 10 ,2022).
Economic Research Service (ERS)
The Economic Impacts of Retaliatory Tariffs on U.S. Agriculture (Jan. 11, 2022).
Food Safety and Inspection Service (FSIS)
Constituent Update – January 14, 2022 (Jan. 14, 2022).
Foreign Agriculture Service (FAS)
Export Sales to Mexico [Corn] (Jan. 10, 2022).
Export Sales to China [Soybeans] and Unknown Destinations [Corn] (Jan. 12, 2022).
Export Sales to Mexico [Corn] and Spain [Soybeans] (Jan 14, 2022).
National Agricultural Statistics Service
Annual Crop Production (January 2022) (Jan. 12, 2022).
National Institute of Food and Agriculture (NIFA)
Risk Management Agency (RMA)
FEDERAL EXECUTIVE AGENCIES (Federal Register Jan. 10–14, 2022):
87 FR 1106 Notice: “Submission for OMB Review; Comment Request [‘WIC Infant and Toddler Feeding Practices Study-2 (WIC ITFPS-2): Year 9 Extension’]” (Jan. 10, 2022).
87 FR 1392 Notice: “Submission for OMB Review; Comment Request [Regarding Information Collection for the National Poultry Improvement Plan]” (Jan. 11, 2022).
87 FR 1392 Notice: “Performance Review Board Membership [for the Senior Executive Service (SES) and Senior Level (SL) and Scientific or Professional (ST) Performance Review Boards]” (Jan. 11, 2022).
87 FR 2126 Notice: “Submission for OMB Review; Comment Request [for a Pennsylvania Aquaculture Census]” (Jan. 13, 2022).
87 FR 2403 Notice: “Request for Nominations of Members for the National Agricultural Research, Extension, Education, and Economics (NAREEE) Advisory Board, Specialty Crop Committee (SCC), Citrus Disease Subcommittee (CDS), and National Genetic Resources Advisory Council (NGRAC)” (Jan. 14, 2022).
Commodity Futures Trading Commission
87 FR 2033 Rule: “Annual Adjustment of Civil Monetary Penalties to Reflect Inflation-2022″ (Jan. 13, 2022).
Environmental Protection Agency
87 FR 1091 Proposed Rule—Comment Period: “Pesticides; Expansion of Crop Grouping Program VI” (Jan. 10, 2022).
87 FR 1358 Rule: “Air Plan Approval; North Carolina; Minor Revisions to Cotton Ginning Operations Rule” (Jan. 11, 2022).
Farm Credit Administration
87 FR 1331 Rule: “Rules of Practice and Procedure; Adjusting Civil Money Penalties for Inflation” (Jan. 11, 2022).
Farm Credit System Insurance Corporation
87 FR 2031 Rule: “Rules of Practice and Procedure; Adjusting Civil Money Penalties for Inflation” (Jan 13, 2022).
Farm Service Agency
87 FR 1106 Notice—Comment Period: “Information Collection Request; Request for Special Priorities Assistance [Priority Ratings on Certain Agricultural Commodities under the Defense Production Act of 1950]” (Jan. 10, 2022).
Fish and Wildlife Service
87 FR 1179 Notice—Comment Period: “Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Policy for Evaluation of Conservation Efforts When Making Listing Decisions” (Jan. 10, 2022).
87 FR 2389 Proposed Rule—Comment Period: “Endangered and Threatened Wildlife and Plants; Removal of 23 Extinct Species From the Lists of Endangered and Threatened Wildlife and Plants; Ivory-Billed Woodpecker; Correction” (Jan. 14, 2022).
Food and Drug Administration
87 FR 2162 Notice—Comment Period: “Agency Information Collection Activities; Proposed Collection; Comment Request; Manufactured Food Regulatory Program Standards” (Jan. 13, 2022).
87 FR 2159 Notice—Comment Period: “Agency Information Collection Activities; Proposed Collection; Comment Request; Registration of Food Facilities” (Jan. 13, 2022).
87 FR 2186 Notice—Comment Period: “Agency Information Collection Activities; Submission for OMB Review; Comment Request; Occupational Safety and Health Onsite Consultation Agreements” (Jan 13, 2022).
87 FR 2328 Rule: “Department of Labor Federal Civil Penalties Inflation Adjustment Act Annual Adjustments for 2022” (Jan. 14, 2022).
National Telecommunication and Information Administration
87 FR 1122 Notice—Comment Period: “Infrastructure Investment and Jobs Act Implementation [Planning of Broadband Investment]” (Jan. 10, 2022).
Rural Business-Cooperative Service
87 FR 2406 Notice: “Notice of Solicitation of Applications for the Rural Business Development Grant Program to Provide Technical Assistance for Rural Transportation Systems” (Jan. 14, 2022).
Susquehanna River Basin Commission
87 FR 1470 Notice: “Grandfathering (GF) Registration Notice [for December 2021]” (Jan. 11, 2022).
87 FR 1471 Notice—Comment Period: “Public Hearing [on Projects and Proposals, Tentatively Scheduled for March 17, 2022]” (Jan. 11, 2022).
87 FR 1472 Notice: “Projects Approved for Consumptive Uses of Water [in December 2021]” (Jan. 11, 2022).
87 FR 1470 Notice: “Projects Approved for Minor Modifications [in December 2021]” (Jan. 11, 2022).
U.S. Customs and Border Protection
87 FR 1771 Notice: “New Zealand Beef Imports Approved for the Electronic Certification System” (Jan. 12, 2022).
87 FR 2172 Notice: “Argentina Beef Imports Approved for the Electronic Certification System (eCERT)” (Jan. 13, 2022).
U.S.-China Economic and Security Review Commission
87 FR 2241 Notice: “Notice of Open Public Hearing [on Jan. 27, 2022]” (Jan. 13, 2022).
U.S. HOUSE AGRICULTURE COMMITTEE:
H.R.6390 “To make financial assistance under the Rural Energy for America program available with respect to certain electric vehicle supply equipment expenses.” Referred to the House Committee on Agriculture (Jan. 12, 2022).
H.R.6408 “To establish, in the Department of Agriculture, an Office of Agritourism, and for other purposes.” Referred to the House Committee on Agriculture (Jan. 13, 2022).
U.S. SENATE COMMITTEE AGRICULTURE, NUTRITION, AND FORESTRY:
No relevant actions.
STATE ACTIONS—EXECUTIVE & LEGISLATIVE
PENNSYLVANIA DEPARTMENT OF AGRICULTURE PRESS RELEASES:
No new releases.
PENNSYLVANIA EXECUTIVE AGENCIES (Pa. Bulletin Vol. 52, No. 3—Jan. 15, 2022):
Department of Agriculture
52 Pa.B. 370 Notice: “Repeal of the Order of Quarantine; Thousand Cankers Disease of Walnut.”
Department of Environmental Protection
52 Pa.B. 372 Notice: “Applications for NPDES and WQM Permits Under the Clean Streams Law and Federal Clean Water Act.”
52 Pa.B. 418 Notice: “Draft 2022 Integrated Water Quality Monitoring and Assessment Report; Available for Public Comment.”
Department of Health
52 Pa.B. 359 Rules and Regulations: “Medical Marijuana; General Provisions; Growers/Processors; Dispensaries; Laboratories; Physicians and Practitioners; Patients and Caregivers; Clinical Registrants and Academic Clinical Research Centers; and Practice and Procedure; Temporary Regulations.”
52 Pa.B. 424 Notice: “Pennsylvania Rural Health Redesign Center Authority Board Virtual Meeting [on Jan. 18, 2022].”
HB 2242 “An Act amending . . . The Administrative Code of 1929, in administrative organization, further providing for departmental administrative boards, commissions, and offices. . . repealing provisions relating to Environmental Quality Board; in powers and duties of the Department of Agriculture and its departmental administrative commission, further providing for seasonal farm labor; in powers and duties of the Department of Environmental Resources, its officers and departmental and advisory boards and commissions, further providing for Environmental Quality Board and for powers of Environmental Quality Board. [Abolishes the Environmental Quality Board]” Referred to Environmental Resources and Energy [House] (Jan. 11, 2022).
Audry Thompson—Research Assistant
Noah Gochnauer—Research Assistant
Brook Duer—Staff Attorney