Industrial Hemp: President Issues Executive Order to Reschedule Marijuana to Schedule III Substance 🌾
On December 18, 2025, U.S. President Donald Trump issued an executive order titled “Increasing Medical Marijuana and Cannabidiol Research,” which directs the Attorney General to “take all necessary steps to complete the rulemaking process”—initiated in May 2024 by the U.S. Drug Enforcement Administration’s publication of a proposed rule (89 FR 44597)—to reschedule marijuana from Schedule I to Schedule III of the Controlled Substances Act (CSA). According to the executive order and accompanying fact sheet, “marijuana is currently controlled as a Schedule I substance, which is defined as having no currently accepted medical use, a high potential for abuse, and a lack of accepted safety for use under medical supervision” while “Schedule III drugs are classified as having a potential for abuse less than the drugs or other substances in Schedules I and II” and “a currently accepted medical use in treatment in the United States.” Additionally, the executive order directs administration personnel to “work with the Congress to update the statutory definition of final hemp-derived cannabinoid products” and engage in “consultation with appropriate executive departments and agencies and authorities to develop a regulatory framework for hemp-derived cannabinoid products, including development of guidance on an upper limit on milligrams of THC per serving with considerations on per container limits and CBD to THC ratio requirements.”

Food Labeling: USDA Publishes Updated Guidance for ‘Product of USA’ Labeling Claims
On December 10, 2025, the U.S. Department of Agriculture (USDA) Food Safety and Inspection Service (FSIS) published in the Federal Register a notice (90 FR 57177) announcing the availability of updated guidance on the voluntary use of U.S.-origin label claims (“Made in USA” or “Product of USA”) on FSIS-regulated products along with the agency’s response to comments it received on its March 2024 final rule (89 FR 19470), which defined conditions under which certain products be labeled with such claims. Under the updated guidelines, “raised” means “from birth to slaughter”; “harvested” may be used to mean “slaughtered”; and the “term ‘produced’ may not be used as a stand-alone label claim to describe the preparation and processing steps of a product that occurred in the United States” because FSIS states that the term “produced” “does not provide meaningful consumer information about the actual preparation and processing steps of the product that occurred in the United States.” See also ALWR—Mar. 25, 2024, “USDA Publishes Final ‘Product of USA’ Rule for Meat, Poultry, and Eggs.”

Nutrition Programs: ‘Whole Milk for Healthy Kids Act’ Passes House, Heads to President
On December 15, 2025, the U.S. House of Representatives passed S.222, the “Whole Milk for Healthy Kids Act of 2025,” also passed by the Senate on November 20, 2025. If enacted, the law would exclude fluid milk from the saturated fat calculations of the National School Lunch Program, allowing participating schools to offer students organic or nonorganic “whole, reduced-fat, low-fat, and fat-free flavored and unflavored milk.” Current U.S. Department of Agriculture (USDA) regulations permit flavored and unflavored milk but only allow fat-free or low-fat options. Additionally, the law would allow a parent or legal guardian to provide a written statement to justify a student’s need for a fluid milk substitute due to a disability-restricted diet. Currently, the law only allows such statements from a licensed physician. The bill now heads to the President for approval. See also ALWR—Nov. 25, 2025, “‘Whole Milk for Healthy Kids Act of 2025’ Passes Senate, Proceeds to House.”

Agricultural Data: 2025 Pennsylvania Dairy Producer Survey Results Published
In November 2025, the Center for Dairy Excellence (CDE) and the Penn State Extension Dairy Team published the results of their 2025 Pennsylvania Dairy Producer Survey, which the organizations state was “distributed by mail and online to Pennsylvania’s dairy farm community” in early 2025. According to the survey results, “surveys were completed by 777 respondents, with 603 of them identifying as active dairy producers in 49 counties with an average herd size of 152 cows.” Additionally, “sixty-seven percent of the respondents had sole proprietorships, while 19 percent had limited liability corporations” and “the average number of acres for respondents who leased land was 201 acres.” CDE states that the “response rate represents between 12–15 percent of the total dairy farm population in Pennsylvania.”

 

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Understanding Agricultural Law Series. A free monthly 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:

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

Feb. 27, 2026, Understanding the Basics of the USDA National Appeals Division

Mar. 27, 2026, Understanding the Basics of Right to Farm Laws

Apr. 24, 2026, Understanding the Basics of the Renewable Fuel Standard

May 22, 2026, Understanding the Basics of the PA Preferred Program

Jun 26, 2026, Understanding the Basics of Agricultural Vehicle Regulation

July 24, 2026, Understanding the Basics of International Agricultural Trade & Tariffs

Quarterly Dairy Legal Webinar Series. A free quarterly 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. 27, 2026, 4th Quarter 2025: Dairy Product Standards of Identity—Regulations and Current Issues

Apr. 14, 2026, 1st Quarter 2026 Quarterly Dairy Legal Webinar

Jul 14, 2026, 2nd Quarter 2026 Quarterly Dairy Legal Webinar

Oct. 13, 2026, 3rd Quarter 2026 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 provide legal consulting and present 20+ employment law programs.

Upcoming AgWorks webinars and workshops:

Jan. 21, 2026, AgWorks: Wage and Hour Laws—Requirements and Exemptions

Feb. 24, 2026, AgWorks: Wage and Hour Laws—Calculation and Enforcement

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:

Southern Ag Today, Federal Estate Tax and Gift Tax Limits Announced For 2026, Paul Goeringer (Univ. Md.) (Dec. 19, 2025)

Farm Policy News, Lawmakers Eye More Farm Aid on Top of USDA Bridge Assistance, Ryan Hanrahan (Dec. 19, 2025)

Nat’l Agric. Law Ctr., United Farm Workers Challenges H-2A Rule, Will Scobey (Dec. 18, 2025)

Farm Policy News, USDA Receives Mostly Negative Feedback on Reorganization Plan, Ryan Hanrahan (Dec. 17, 2025)

Nat’l Agric. Law Ctr.,  Food Law’s 2025 “Top Ten,” Emily Stone (Dec. 16, 2025)

Ohio St. Univ. Ext. Farm Off. Blog, Changes to CAUV could come in the New Year, Peggy Kirk Hall (Dec. 16, 2025)

Iowa St. Univ. Ctr. Agric. Law & Tax’n, USDA Announces Bridge Payments for Farmers, Kristine A. Tidgren (Dec. 15, 2025)

STATE ACTIONS—EXECUTIVE & LEGISLATIVE

PENNSYLVANIA DEPARTMENT OF AGRICULTURE PRESS RELEASES

Patriotic Pennsylvania Voices to Open Each Day of the 2026 PA Farm Show (Dec. 18, 2025)

PENNSYLVANIA EXECUTIVE AGENCIES (Pa. Bulletin Vol. 55, No. 51—Dec. 20, 2025):         

Department of Agriculture

55 Pa.B. 8643 Notice: “Interstate Quarantine Order; Neurologic Form of Equine Herpes Virus; Restriction of Movement and Documentation Requirements”

55 Pa.B. 8644 Notice: “Pennsylvania Potato Research Board; Grant Solicitation and Application Procedures”

55 Pa.B. 8646 Notice: “Pennsylvania Vegetable Marketing and Research Board; Grant Solicitation and Application Procedures”

55 Pa.B. 8648 Notice: “Pennsylvania Wine Marketing and Research Board; Grant Solicitation and Application Procedures”

55 Pa.B. 8650 Notice: “Temporary Order Designating Dangerous Transmissible Diseases”

Department of Conservation and Natural Resources

55 Pa.B. 8654 Notice: “Annual Certification under Section 7201-B(e) of the Tax Reform Code”

55 Pa.B. 8654 Notice: “Proposed Exchange of Property”

Department of Environmental Protection

55 Pa.B. 8716 Notice: “Environmental Assessment Approvals for PENNVEST Funding Consideration”

55 Pa.B. 8639 Statements of Policy: “Water Quality Toxics Management Strategy—Statement of Policy”

Environmental Quality Board

55 Pa.B. 8596 Rules and Regulations: “Triennial Review of Water Quality Standards”

PENNSYLVANIA LEGISLATURE

HR 323 “A Resolution recognizing the months of October 2025 and October 2026 as ‘National Animal Safety and Protection Month’ in Pennsylvania.” Laid on the table [House] (Dec. 17, 2025)

HB 170 “An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, in registration of vehicles, further providing for vehicles exempt from registration; in fees, further providing for farm vehicles; and, in inspection of vehicles, further providing for requirement for periodic inspection of vehicles and for operation of vehicle without official certificate of inspection.” Referred to Transportation [House] (Dec. 17, 2025)

HR 66 “A Resolution directing the Legislative Budget and Finance Committee, in consultation with taxonomists, biologists and other interested persons, to conduct a study and issue a report on wild native terrestrial invertebrate management.” Reported as amended [House] (Dec. 17, 2025)

HR 352 “A Resolution directing the Joint State Government Commission to conduct a study on litter law enforcement and provide recommendations.” Reported as committed [House] (Dec. 17, 2025)

FEDERAL ACTIONS—EXECUTIVE & LEGISLATIVE

U.S. ENVIRONMENTAL PROTECTION AGENCY PRESS RELEASES

EPA Reaches Settlement Agreement with Mass. Metal Plating Company for Hazardous Waste Violations (Dec. 19, 2025)

Senate Confirms Jeffrey Hall as Assistant Administrator for EPA’s Office of Enforcement and Compliance Assurance (Dec. 18, 2025)

Senate Confirms Douglas Troutman as Assistant Administrator for EPA’s Office of Chemical Safety and Pollution Prevention (Dec. 18, 2025)

EPA Announces Over $351 Million to Fort Worth for Water and Recycling Infrastructure Projects (Dec. 15, 2025)

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

Secretary Rollins Intervenes to Protect Potter Valley’s Water Supply (Dec. 19, 2025)

Rollins, Chavez-DeRemer Pledge New Strategies to Reduce Welfare and Expand Work Opportunities (Dec. 19, 2025)

USDA AGENCY PRESS RELEASES

Agricultural Marketing Service

USDA Announces Appointments to the Softwood Lumber Board (Dec. 19, 2025)

USDA Announces National Pork Board Appointments (Dec. 19, 2025)

USDA Announces Appointments to the American Pecan Promotion Board (Dec. 19, 2025)

USDA Announces Appointments to the Christmas Tree Promotion Board (Dec. 19, 2025)

USDA Announces Meeting Dates for the Grain Inspection Advisory Committee (Dec. 16, 2025)

USDA Issues Secretary’s Decision and Referendum Order on Proposed Amendments to the California Raisins Marketing Order (Dec. 15, 2025)

Produce and More Enterprise LLC in Texas Enters Into Consent Decision and Order Involving Alleged PACA Violations (Dec. 19, 2025)

USDA Clarifies that Firm May Operate in the Produce Industry (Dec. 19, 2025)

USDA Restricts PACA Violators in Florida and Texas from Operating in the Produce Industry (Dec. 19, 2025)

USDA Restricts PACA Violators in California, New York and Washington from Operating in the Produce Industry (Dec. 19, 2025)

USDA Restricts PACA Violators in California and Pennsylvania from Operating in the Produce Industry (Dec. 19, 2025)

California Firm Posts $100,000 Employment Bond (Dec. 19, 2025)

James Corrado, Inc d.b.a. Corrado Specialty Goods and d.b.a. Corrado’s Wine Grapes, Inc. Satisfies Terms of Consent Decision and Order for Alleged PACA Violations (Dec. 19, 2025)

USDA Lifts PACA Reparation Sanctions on Texas Produce Business (Dec. 19, 2025)

USDA Restricts PACA Violators in Florida and Texas From Operating in the Produce Industry (Dec. 19, 2025)

Animal and Plant Health Inspection Service

Update: Genetic Sequencing Results for Wisconsin Dairy Herd Detection of Highly Pathogenic Avian Influenza (Dec. 19, 2025)

FDA Conditionally Approves Drug To Treat New World Screwworm in Dogs (Dec. 17, 2025)

USDA Confirms Highly Pathogenic Avian Influenza in a Dairy Herd in Wisconsin (Dec. 14, 2025)

Food Safety and Inspection Service

Constituent Update (Dec. 19, 2025)

Foreign Agricultural Service

Export Sales to China (Dec. 19, 2025)

Export Sales to Unknown Destinations (Dec. 18, 2025)

Export Sales to China, Mexico, and Unknown Destinations (Dec. 17, 2025)

Export Sales to China and Unknown Destinations (Dec. 15, 2025)

National Agricultural Statistics Service

USDA Launches Final Phase of 2025 Agricultural Resource Management Survey (Dec. 15, 2025)

National Institute of Food and Agriculture

NIFA Invests $3.2M to Support Food and Agriculture National Needs Fellowships (Dec. 17, 2025)

Natural Resources Conservation Service

USDA Announces January 15 National Batching Deadline for Major NRCS Conservation Programs (Dec. 19, 2025)

FEDERAL EXECUTIVE AGENCIES (Federal Register: Dec. 15-19, 2025):

Agriculture Department

90 FR 59089 Notice of Performance Review Board appointments: “Performance Review Board Membership” (Dec. 18, 2025)

Agricultural Marketing Service

90 FR 57948 Notice of meeting: “Plant Variety Protection Board Meeting” (Dec. 15, 2025)

90 FR 57947 Notice of Federal advisory committee meeting: “Grain Inspection Advisory Committee Meeting” (Dec. 15, 2025)

90 FR 57947 Notice of public meeting: “Rescheduled Meeting of the National Organic Standards Board” (Dec. 15, 2025)

Environmental Protection Agency

90 FR 59517 Notice: “Cancellation Order for Certain Pesticide Registrations and/or Amendments To Terminate Uses (From August 05, 2025, Notice)” (Dec. 19, 2025)

90 FR 59389 Final rule: “Flupyradifurone; Pesticide Tolerance for Emergency Exemption” (Dec. 19, 2025)

90 FR 59393 Final rule: “Thiamethoxam; Pesticide Tolerances” (Dec. 19, 2025)

90 FR 58181 Notice of filing of petitions and request for comment: “Receipt of Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various Commodities-October 2025” (Dec. 16, 2025)

90 FR 58243 Notice of receipt and request for comment: “Pesticide Product Registration; Receipt of Applications for New Active Ingredients October 2025” (Dec. 16, 2025)

90 FR 57999 Notice: “Agency Information Collection Activities; Proposed Renewal Collection and Request for Comment; Foreign Purchaser Acknowledgement Statement of Unregistered Pesticides” (Dec. 15, 2025)

90 FR 57944 Notice of filing of petitions and request for comment: “Receipt of Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various Commodities-August 2025” (Dec. 15, 2025)

90 FR 58001 Notice: “Pesticide Registration Review; Draft Human Health and/or Ecological Risk Assessment for Metrafenone; Notice of Availability” (Dec. 15, 2025)

Employment and Training Administration

90 FR 58622 Notice; reopening of comment period: “Agency Information Collection Activities; Comment request; Revision of H-2A Temporary Agricultural Labor Certification Program” (Dec. 17, 2025)

Food And Nutrition Service

90 FR 58507 Correcting amendments: “Special Supplemental Nutrition Program for Women, Infants, and Children (WIC): Implementation of the Access to Baby Formula Act of 2022 and Related Provisions; Correcting Amendments” (Dec. 17, 2025)

Food Safety and Inspection Service

90 FR 57949 Notice of public meeting: “Exploring Practical Strategies to Reduce Salmonella in Poultry Products” (Dec. 15, 2025)

Foreign Agricultural Service

90 FR 57951 Notice of request for information: “Notice of Request for Information for Refined Sugar” (Dec. 15, 2025)

U.S. HOUSE AGRICULTURE COMMITTEE

H.R.5442 “Inspired to Serve Act of 2025” Referred to the Subcommittee on Economic Opportunity (Dec. 19, 2025)

H.R.1230 “AG VETS Act” Referred to the Subcommittee on Economic Opportunity (Dec. 19, 2025)

H.R.6899 “To amend the Commodity Exchange Act to improve the administration of advisory committees at the Commodity Futures Trading Commission.” Referred to the House Committee on Agriculture (Dec. 18, 2025)

H.R.6834 “To address infrastructure needs for food banks serving rural communities and for other purposes.” Referred to the House Committee on Agriculture (Dec. 18, 2025)

H.R.187 “MAPWaters Act of 2025” Presented to President (Dec. 18, 2025)

H.R.6819 “To reduce State administrative costs for administration of both the supplemental nutrition assistance program under the Food and Nutrition Act of 2008 and the summer electronic benefits transfer program for children under the Richard B. Russell School Lunch Act.” Referred to the Committees on Agriculture and Education and Workforce (Dec. 17, 2025)

H.R.6802 “To prohibit the administration, implementation, or enforcement by the Forest Service of the rule relating to ‘Law Enforcement; Criminal Prohibitions.’” Referred to the House Committee on Agriculture (Dec. 17, 2025)

H.R.6780 “To amend the Food, Agriculture, Conservation, and Trade Act of 1990 to direct the Secretary of Agriculture to establish research centers of excellence for alternative protein innovation, and for other purposes.” Referred to the Committees on Agriculture and Education and Workforce (Dec. 17, 2025)

H.R.6779 “To amend the Consolidated Farm and Rural Development Act to expand eligibility for direct loans to individuals or entity members that hold at least a 50 percent interest and that are or will become bona fide operators of the farm real estate acquired, improved, or supported with farm ownership, operating, or emergency loans, and for other purposes.” Referred to the House Committee on Agriculture (Dec. 17, 2025)

H.R.6776 “To amend the Child Nutrition Act of 1966 with respect to the use of cash-value benefits and coupons for purchases of fresh, nutritious, unprepared foods from community supported agricultural entities, and for other purposes.” Referred to the Committees on Education and Workforce and Agriculture (Dec. 17, 2025)

H.R.6775 “To amend the Agricultural Marketing Act of 1946 to reauthorize the farmers’ markets and local food promotion program.” Referred to the House Committee on Agriculture (Dec. 17, 2025)

H.R.4284 “Small Cemetery Conveyance Act” Ordered to be Reported by Unanimous Consent (Dec. 17, 2025)

H.R.1045 “Utah Wildfire Research Institute Act of 2025” Received in the Senate and Read twice and referred to the Committee on Energy and Natural Resources (Dec. 16, 2025)

H.R.6720 “To amend the Farm Credit Act of 1971 to modify rural housing financing under that Act.” Referred to the House Committee on Agriculture (Dec. 15, 2025)

H.R.6716 “To establish a program to provide grants and loans to facilitate the care, rehabilitation, and welfare of domestic animals in rural areas, and for other purposes.” Referred to the House Committee on Agriculture (Dec. 15, 2025)

H.R.6706 “To improve purchasing of food by the Department of Agriculture, and for other purposes.” Referred to the House Committee on Agriculture (Dec. 15, 2025)

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

S.3528 “A bill to amend the Food, Agriculture, Conservation, and Trade Act of 1990 to direct the Secretary of Agriculture to establish research centers of excellence for alternative protein innovation, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry (Dec. 17, 2025)

S.3520 “A bill to prohibit the Secretary of Agriculture from implementing a Forest Service rule relating to criminal prohibitions, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry (Dec. 17, 2025)

S.3498 “A bill to amend the Food Security Act of 1985 to make adjustments to the environmental quality incentives program, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry (Dec. 16, 2025)

S.3471 “A bill to improve purchasing of food by the Department of Agriculture, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry (Dec. 15, 2025)

S.222 “Whole Milk for Healthy Kids Act of 2025” Motion to reconsider laid on the table Agreed to without objection (Dec. 15, 2025)

U.S. HOUSE AGRICULTURE COMMITTEE—UPCOMING HEARINGS

None.

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

None.

 

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