This Week:

Local Agricultural Policy: Pennsylvania Legislature Passes 2025–26 State Budget, Governor Signs into Law 🌾
On November 12, 2025, Pennsylvania Governor Josh Shapiro approved the 2025–26 State Budget, consisting of two primary pieces of legislation: SB 160, “General Fund Appropriations” (PDF, struck provisions removed) and HB 416, “State Government Finances” (implementing legislation) (PDF). Also announced by the governor, the enacted budget appropriates a total of $50.1 billion, including $220 million for agriculture. Notable provisions for agriculture include $9 million for Agricultural Preparedness and Response, down from $34 million in 2024–25; $30.6 million for the State Food Purchase Program, up from $26.6 million in 2024–25; and $10 million for the Agriculture Innovation Fund, which represents $15 million less from the $25 million in the governor’s proposed budget. Additionally, HB 416 includes provisions requiring the Department of Environmental Protection (DEP) to establish a tracking system for permit applications and deeming certain permits approved if the DEP has not issued a final determination after a set amount of time—30 days for permits regarding air pollution and 60 days for permits regarding water quality.

National Agricultural Policy: Congress Passes Appropriations Bill, Extends Farm Bill Programs, Prohibits Hemp-Derived Cannabinoids
On November 12, 2025, President Donald Trump approved H.R.5371, which “ends the government shutdown by providing FY2026 continuing appropriations for most federal agencies through January 30, 2026,” and extends farm bill programs until the end of FY2026, September 30, 2026. A notable provision in the bill excludes “hemp-derived cannabinoid products” from the definition of “hemp,” restricting the production and sale of such products after one year, although the bill allows for production and sale of “industrial hemp.” In October, the National Association of Attorneys General sent a letter to chairs of the House and Senate Appropriations and Agriculture Committees requesting that “Congress clarify the federal definition of hemp during the Fiscal Year 2026 appropriations process . . . to leave no doubt that [recreational synthetic THC] products are illegal and that their sale and manufacture are criminal acts.” “The bill also provides back pay to all federal employees who were not paid during the government shutdown . . . nullifies RIFs that were implemented by federal agencies between October 1, 2025, and the date of enactment for th[e] bill,” and “prohibits federal agencies from taking actions related to a reduction in force (RIF) through January 30, 2026.” See also ALWR—July 29, 2025,“USDA Announces USDA Department Reorganization Plan.”

Nutrition Programs: Federal Court Issues Preliminary Injunction Against USDA’s SNAP Recipient Personal Data Demand, Funds Withholding
On October 15, 2025, the the U.S. District Court for the Northern District Court of California issued an order preliminarily enjoining the U.S. Department of Agriculture (USDA) from withholding Supplemental Nutrition Assistance (SNAP) funding based on the plaintiff states’ failure to comply with USDA’s demand that the states submit SNAP recipients’ personally identifiable information and “records sufficient to calculate the total dollar value of SNAP benefits received by participants over time.” State of California v. U.S. Dep’t Agric., No. 3:25-cv-06310. The court found that the plaintiff states “are likely to establish that, although they are permitted to do so, they are not required by § 2020(e)(8)(A) to provide [such] data [and]. . .  that USDA, in demanding such data, acted in a manner contrary to law.” The court further stated, that “even assuming, arguendo, § 2020(e)(8)(A) can be interpreted as mandating such disclosure . . . Plaintiff States . . .  are likely to establish the specific demand made by USDA is contrary to the SNAP Act” because “USDA has demanded information that is not ‘obtained from applicant households’ . . . such as ‘transactional records,’ ‘SNAP usage and retailer data,’ and ‘records sufficient to calculate the total dollar value of SNAP benefits received by participants over time,’ and, to extent such data was obtained from a source other than an applicant, ‘data records used to determine eligibility or ineligibility.’” The court concluded, “Consequently, the demand as presently made to Plaintiff States seeks information beyond that within the scope of § 2020(e)(8)(A).”

Food Labeling: JBS, New York Attorney General Enter Into $1.1 Million Agreement to Settle ‘Net Zero’ Claims
On October 31, 2025, JBS USA and the New York Attorney General (NYAG) entered into a $1.1 million settlement agreement to resolve NYAG’s 2024 complaint alleging that JBS USA’s “Net Zero by 2040” commitment was false and misleading because at the time of the company’s statement, it “had no viable plan to meet its commitment.” After a January 2025 hearing, NYAG’s complaint was dismissed with leave to amend, with its amended complaint due October 31, 2025. According to the agreement, JBS will correct its prior statements, including “presenting ‘Net Zero by 2040’ as a ‘goal’ as opposed to a ‘pledge’ or a ‘commitment’” and articulating “the specific steps or actions that the company is taking” if the company makes any “representations that JBS USA is ‘taking steps’ or ‘taking real action’ or [uses] similar language.” Among other actions, JBS also will pay $1.1 million to Cornell University’s College of Agriculture and Life Sciences’ New York Soil Health and Resiliency Program to “support climate-smart agriculture.” The agreement became effective upon signature by the parties. See also ALWR—Mar. 11, 2024, “Environmental Credit Trading: New York Alleges JBS ‘Net Zero by 2040’ Campaign Fraudulent in State Court Complaint.”

Food Labeling: Federal Court Dismisses Deceptive Zbars ‘Climate Neutral’ Claim, Third-Party Certification Undisputed
On October 27, 2025, the U.S. District Court for the Northern District of Illinois issued an opinion and order granting Mondelez International’s motion to dismiss a consumer complaint alleging that the company’s “Zbar” product—which are labeled as “climate neutral certified” through third-party certifier Change Climate Project (CCP)—has a deceptive “climate neutral message.” Salguero v. Mondelez Int’l, Inc., No. 1:25-cv-02139. According to the opinion, CCP’s certification standards require companies to “(1) measure their emissions from ‘cradle to customer’ over the course of a calendar year; (2) create a ‘reduction action plan’ that sets targets for reducing emissions; and (3) offset any remaining emissions through the purchase of carbon credits.” However, the plaintiff alleged that “a reasonable consumer could interpret ‘climate neutral’ to mean that the manufacturing, distribution, and marketing of Zbars does not exert a negative effect on the climate” and that “Mondelēz’s climate neutral representations are false and misleading because the product’s manufacturing produces greenhouse gases and causes pollution.” However, the court found that “Mondelēz did not advertise that its product was in fact climate neutral, but instead that its product was certified as climate neutral,” and that the complaint did not “allege[] that it was false or deceptive for Mondelēz’s products to be labeled as ‘climate neutral certified,’” stating, “This is a distinction with a difference.” The court concluded, “Ultimately, the fact that Zbars were indeed “climate neutral certified” by Change Climate Project—and the fact that [the plaintiff] does not contest the truthfulness of this statement—is fatal to her claims.” The court further noted that, although the package’s “climate neutral certified” label “does not make clear the source of th[e] certification . . . it cannot reasonably be attributed to Mondelēz,” noting that the “certification appears in the bottom corner of the product’s packaging and is perpendicular to the rest of the text on the packaging.” The court stated, “Reasonable consumers are generally not expected to conduct independent research to substantiate claims made on a product’s packaging, but neither are they permitted to defy common sense and everyday experiences.” However, the court noted that “if the product merely advertised that it was ‘climate neutral,’ as . . . [the] complaint frequently and incorrectly states that it did, then this case would not be susceptible to dismissal on a Rule 12(b)(6) motion.”

Food Labeling: Non-Ultra Processed Food Labeling Certification
On October 30, 2025, the Non-UPF Program published an announcement stating that the organization is extending its U.S. certification for non-ultra-processed foods to the entire food industry. According to the announcement, the program uses the Nova food classification system and identifies Nova Group 4 foods as ultra-processed foods ineligible for certification, generally defined as “industrially manufactured food products made up of several ingredients . . . including sugar, oils, fats, and salt (generally in combination and in higher amounts than in processed foods) and food substances of no or rare culinary use (such as high-fructose corn syrup, hydrogenated oils, modified starches, and protein isolates)” that may use “industrial techniques such as extrusion, molding and pre-frying” which “are designed to create highly profitable (low-cost ingredients, long shelf-life, emphatic branding), convenient (ready-to-(h)eat or to drink), tasteful alternatives to all other Nova food groups and to freshly prepared dishes and meals.” For “general foods,” or foods created by some processing techniques that have an ingredient list, the program charges a $75 non-refundable application fee per food and a $100 annual certification fee per food item. See also ALWR—July 29, 2025, “FDA, USDA Publish Request for Information on ‘Ultra-Processed Foods’ Definition.”

Regulatory Policy: Federal Court Holds Inspector General Terminations Unlawful
On September 24, 2025, the U.S. District Court for the District of Columbia issued an opinion holding that President Donald Trump’s dismissal of multiple Inspector Generals (IGs), including the U.S. Department of Agriculture (USDA) Inspector General, without first providing rationale or Congressional notice violated the Inspector General Act (IGA), which requires that the president provide Congress 30 days’ notice of such terminations. Storch v. Hegseth, No. 1:25-cv-00415. However, the court determined that the plaintiffs were unable to show irreparable harm and denied the plaintiffs’ motion for a permanent injunction, stating, “Plaintiffs’ inability to perform their duties for 30 days is not irreparable harm.” The court further reasoned, “Moreover, if the IGs were reinstated, the President could lawfully remove them after 30 days by providing the required notice and rationale to Congress.” Additionally, the court noted, “The Court recognizes Plaintiffs’ exceptional service as IGs, marked by decades of distinguished leadership across multiple administrations. They sacrificed much to take on the role of an IG and its many demands—no doubt including substantial time away from family and far larger paychecks available in the private sector. They deserved better from their government. They still do. Unfortunately, this Court cannot provide Plaintiffs more. Their theory of harm fails to establish that they have suffered—in a legal sense—an irreparable injury that cannot be compensated with remedies available at law.”

Pesticides/Herbicides: EPA Announces Proposed Registration of Herbicide Epyrifenacil
On November 3, 2025, the U.S. Environmental Protection Agency (EPA) announced the opening of a public comment period for the agency’s “proposed registration decision for two products containing new active ingredient epyrifenacil for use as a pre-plant burndown herbicide for agricultural use in canola, field corn, soybean, wheat, and fallow land (corn, soybean, and wheat), and for non-agricultural use on non-crop areas such as areas around industrial or farm buildings” (EPA-HQ-OPP-2022-0354). The docket is available for comment until December 3, 2025.

Invasive Species: USDA Announces Opening of Sterile Fly Dispersal Facility in Tampico, Mexico
On November 13, 2025, the U.S. Department of Agriculture (USDA) announced (PDF) the opening of a sterile fly dispersal facility in Tampico, Mexico to address the spread of New World screwworm. According to the announcement, the new “facility will allow USDA to disperse sterile flies aerially across northeastern Mexico, including in Nuevo Leon.” Additionally, USDA states that the agency “has also begun construction on a sterile fly dispersal facility at Moore Air Base in Edinburg, TX that is projected to begin operating in early 2026.”

 

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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:

Nov. 21, 2025, Understanding the Basics of Cell Cultured Foods & Labeling Laws

Dec. 12, 2025, Understanding the Clean Water Act & Ag: Biosolids & Food Processing Waste Land Application

Jan. 23, 2026, Understanding the Basics of Pennsylvania’s Seasonal Farm Labor Law

Quarterly Dairy Legal Webinar Series. A free quarterly Zoom webinar series covering dairy industry legal and regulatory developments with an in-depth focus topic. One hour of substantive CLE credit available for Pennsylvania-licensed attorneys at no charge. All events on Tuesdays, noon–1 pm (ET). Upcoming:

Jan. 20, 2026, 4th Quarter 2025 Quarterly Dairy Legal Webinar

AgWorks: Connecting Agricultural Businesses to Workforce Services and Training. From 2025 to 2027, the Penn State Center for Agricultural and Shale Law and Penn State Extension will collaborate with farms and agriculture-related businesses to strengthen the workforce system. AgWorks will provide 100 registered small- to medium-sized Pennsylvania farms and agribusinesses with no-cost training and consultation to ensure business sustainability. As part of the AgWorks program, the Center for Agricultural and Shale Law will present 20+ employment law programs. Upcoming:

Subscribe to the Pennsylvania Farm Employers’ Listserv (PFEL): an email networking and resource-sharing group exclusively about human resources information for agricultural operations.

Pennsylvania Farm Bureau Legal Services Plan: “A new member-benefit program involving law firms that specialize in legal areas commonly utilized by farmers.”

Resources of Interest:

Univ. of Ill. Farm Policy News, USDA Set for First Crop Data Release Since September, Ryan Hanrahan (November 14, 2025)

Nat’l Agric. Law Ctr., Environmental Group Seeks EPA Response on Petition to Revoke Tolerances for Neonics, Brigit Rollins (November 11, 2025)

Univ. of Ill. Farm Policy News, DOJ, USDA Investigating Meatpackers over Beef Prices, Ryan Hanrahan (November 11, 2025)

Univ. of Ill. FarmDoc Daily, Estimates of 2024 ARC-CO and PLC Payments, Nick Paulson, Gary Schnitkey, Jonathan Coppess, and Henrique Monaco (November 11, 2025)

Southern Ag Daily, Court Asked to Overturn Registrations for Enlist One and Enlist Duo, Brigit Rollins (Nat’l Agric. Law Ctr.) (November 7, 2025)

STATE ACTIONS—EXECUTIVE & LEGISLATIVE

PENNSYLVANIA DEPARTMENT OF AGRICULTURE PRESS RELEASES

Shapiro Administration Names Farmworkers of the Year, Honoring Workers Critical to Pennsylvania’s Economy and Food Security (November 13, 2025)

PENNSYLVANIA EXECUTIVE AGENCIES (Pa. Bulletin Vol. 55, No. 46—November 15, 2025):         

Department of Agriculture

55 Pa.B. 7887 Notice: “Action of Controlled Plant and Noxious Weed Committee; Reclassification of a Noxious Weed on the Controlled Plants and Noxious Weed List”

55 Pa.B. 7887 Notice: “Annual Dog License Fee Increase”

55 Pa.B. 7887 Notice: “General Quarantine Order; Cervid Movement Restrictions Within the Core Captive Management Zone”

Environmental Hearing Board

55 Pa.B. 7936 Notice: “Merrill Miller, Jr. v. Department of Environmental Protection; EHB Doc. No. 2025-103-BP”

55 Pa.B. 7936 Notice: “The Lake Winola Municipal Authority v. Department of Environmental Protection; EHB Doc. No. 2025-079-BP”

PENNSYLVANIA LEGISLATURE

HB 2034 “An Act amending Title 3 (Agriculture) of the Pennsylvania Consolidated Statutes, providing for mushroom farming; imposing duties on the Department of Agriculture; and establishing the Mushroom Farming and Composting Fund.” Referred to Agriculture & Rural Affairs [House] (November 13, 2025)

HB 1713 “An Act amending the act of May 19, 1995 (P.L.33, No.3), known as the Economic Development Agency, Fiduciary and Lender Environmental Liability Protection Act, further providing for definitions.” Removed from table [House] (November 12, 2025)

HB 749 “An Act amending the act of June 13, 1967 (P.L.31, No.21), entitled “An act to consolidate, editorially revise, and codify the public welfare laws of the Commonwealth,” in public assistance, further providing for uniformity in administration of assistance and regulations as to assistance and for copayments for subsidized child care, providing for report on transition to chip-enabled access cards, further providing for reports to General Assembly, for persons eligible for medical assistance and for nonemergency medical transportation services and providing for abrogation of regulatory requirements for payment for outpatient behavioral health services within physical confines of behavioral health clinic facilities and for SNAP benefit reporting; and making a repeal.” Act No. 46 of 2025 (November 12, 2025)

FEDERAL ACTIONS—EXECUTIVE & LEGISLATIVE

U.S. ENVIRONMENTAL PROTECTION AGENCY PRESS RELEASES

Administrator Lee Zeldin Fulfills Pledge to Visit All 50 States this Year, Bringing EPA Directly to the American People (November 14, 2025)

EPA Proposes Changes to Make PFAS Reporting Requirements More Practical and Implementable, Reducing Regulatory Burden (November 10, 2025)

EPA Issues Additional Decisions on Small Refinery Exemptions (November 7, 2025)

U.S. DEPARTMENT OF AGRICULTURE (USDA) PRESS RELEASES

USDA Announces Opening of Sterile Fly Dispersal Facility in Tampico, Mexico (November 13, 2025)

Secretary Rollins Leads Largest USDA Trade Mission to Mexico, Participates in New World Screwworm Joint Reviews (November 13, 2025)

USDA AGENCY PRESS RELEASES

Agricultural Marketing Service

Termination of the Master Scale Testing Program (November 10, 2025)            

Farm Service Agency

USDA Extends Livestock Disaster Recovery Assistance Application Deadline for 2023 and 2024 Flood and Wildfire Losses (November 12, 2025)

Food Safety and Inspection Service

Residue Repeat Violators List (November 13, 2025)

Foreign Agricultural Service

Private Exporters Report Sales Activity for Bangladesh, China, Egypt, Japan, Mexico, Philippines, South Korea, and Unknown Destinations (November 14, 2025)

Daily and Weekly Export Sales Reporting Schedule (November 13, 2025)

National Agricultural Statistics Service

November Crop Production (November 14, 2025)

FEDERAL EXECUTIVE AGENCIES (Federal Register: November 10-14, 2025):

Agriculture Department

90 FR 51043 Notice: “Submission for OMB Review; Comment Request [Risk Management Agency: General Administrative Regulations; Interpretations of Statutory and Regulatory Provisions].” (November 14, 2025)

Environmental Protection Agency

90 FR 51021 Final rule: “Texas Underground Injection Control (UIC) Program; Class VI Primacy Application” (November 14, 2025)

90 FR 51027 Notification; extension of postponement of effectiveness: “Extension of Postponement of Effectiveness for Certain Provisions of Trichloroethylene (TCE); Regulation Under the Toxic Substances Control Act (TSCA)” (November 14, 2025)

90 FR 51042 Proposed rule: “Phasedown of Hydrofluorocarbons: Reconsideration of Certain Regulatory Requirements Promulgated Under the Technology Transitions Provisions of the American Innovation and Manufacturing Act of 2020; Extension of Comment Period” (November 14, 2025)

90 FR 51067 Notice: “Environmental Impact Statements; Notice of Availability” (November 14, 2025)

90 FR 50943 Notice: “Science Advisory Committee on Chemicals (SACC); Notice of Postponement of Public Meeting” (November 13, 2025)

90 FR 50894 Final rule: “Methylene Chloride; Regulation Under the Toxic Substances Control Act (TSCA); Compliance Date Extension” (November 13, 2025)

90 FR 50814 Proposed rule and withdrawal of proposed rule: “National Emission Standards for Hazardous Air Pollutants From Hazardous Waste Combustors: Residual Risk and Technology Review; Withdrawal of Proposed Revisions to Standards for Periods of Malfunction” (November 10, 2025)         

U.S. HOUSE AGRICULTURE COMMITTEE

H.R.6041 “To authorize the Secretary of Agriculture to provide rural partnership program grants and rural partnership technical assistance grants, and for other purposes.” Referred to the House Committee on Agriculture (November 12, 2025)

H.R.6039 “To advance commonsense priorities.” Referred to the Committee on Ways and Means, and in addition to the Committees on Small Business, Appropriations, Ethics, Education and Workforce, the Judiciary, Veterans’ Affairs, Natural Resources, House Administration, Science, Space, and Technology, Energy and Commerce, Financial Services, Transportation and Infrastructure, Oversight and Government Reform, Agriculture, Armed Services, Foreign Affairs, Intelligence (Permanent Select), Homeland Security, Rules, and the Budget, 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 (November 12, 2025)

H.R.6018 “Bringing Assistance for Rural Needs During Shutdowns Act” Referred to the House Committee on Agriculture (November 10, 2025)

U.S. SENATE COMMITTEE AGRICULTURE, NUTRITION, AND FORESTRY 

None.

U.S. HOUSE AGRICULTURE COMMITTEE—UPCOMING HEARINGS

None.

U.S. SENATE COMMITTEE AGRICULTURE, NUTRITION, AND FORESTRY—UPCOMING HEARINGS  

U.S. Senate Ag. Comm., Nomination Hearing, November 19, 2025 at 3:00 PM EST

 

Contributors:
Audry Thompson—Staff Attorney
Christina Fraser—Research Assistant
Riley Amdor—Research Assistant