Register Now! Educational programming for January:
Wed. Jan. 21, AgWorks: Wage and Hour Laws—Requirements and Exemptions
Fri. Jan. 23, Understanding the Basics of Pennsylvania’s Seasonal Farm Labor Law (Atty CLE)
Tues. Jan. 27, Quarterly Dairy Legal Webinar: Standards of Identity—Regulations & Current Issues (Atty CLE)
Pesticides/Herbicides: U.S. Supreme Court Grants Certiorari to FIFRA Preemption Case 
On January 16, 2026, the U.S. Supreme Court granted a petition for a writ of certiorari in Monsanto v. Durnell limited to the question of “[w]hether the Federal Insecticide, Fungicide, and Rodenticide Act [FIFRA] preempts a label-based failure-to-warn claim where EPA has not required the warning.” Monsanto Company v. John L. Durnell, No. 24-1068. Previously, on December 1, 2025, the U.S. Solicitor General filed a brief arguing in favor of FIFRA preemption. See also ALWR—Apr. 15, 2025, “Monsanto Files Petition for Certiorari Seeking FIFRA Preemption in Glyphosate Cases” and the Center’s Glyphosate Issue Tracker.
Nutrition Programs: ‘Whole Milk for Healthy Kids Act’ Signed into Law
On January 14, 2026, U.S. President Donald Trump signed into law S.222, the “Whole Milk for Healthy Kids Act of 2025.” The law will 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.” U.S. Department of Agriculture (USDA) regulations previously permitted flavored and unflavored milk but only allowed fat-free or low-fat options. Additionally, the law will 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. See also ALWR—Nov. 25, 2025, “Whole Milk for Healthy Kids Act of 2025’ Passes Senate, Proceeds to House;” see also ALWR-Dec. 23, 2025 “Whole Milk for Healthy Kids Act’ Passes House, Heads to President.”
Dairy Policy: USDA Publishes Rule Revising Risk Management Programs, Dairy Margin Coverage Enrollment Opens
On January 12, 2026, the U.S. Department of Agriculture (USDA) Farm Service Agency (FSA) and the Commodity Credit Corporation (CCC) published in the Federal Register a final rule (91 FR 1043) revising provisions of the Agriculture Risk Coverage (ARC), Price Loss Coverage (PLC), and Dairy Margin Coverage (DMC) programs to conform with the 2025 reconciliation bill H.R.1, which authorized DMC through 2031 and allows participating producers to establish a new production history. According to the rule, “the modified provisions are related to the reference prices, the effective reference prices, base acres, program elections, and payment provisions.” Additionally, “the Tier 1 coverage level was increased by 1 million pounds of milk to a 6-million-pound limit and eligibility for multi-year (lock-in) contracts was maintained until December 30, 2031.” Also, on January 13, 2026, USDA announced the enrollment period for the Dairy Margin Coverage (DMC) program for the 2026 coverage year. The DMC enrollment deadline is February 26, 2026. See also the Center’s Dairy and Dairy Products Law Virtual Resource Room.
WOTUS: EPA Publishes Clean Water Section 401 Proposed Rule
On January 15, 2026, the Environmental Protection Agency (EPA) published in the Federal Register a notice of proposed rulemaking (91 FR 2008) seeking public comment on new Clean Water Act (CWA) regulations. Also announced by EPA, under the proposed rule, after an applicant “submit[s] a request for certification to a certifying authority to initiate an action under CWA section 401,” the timeline for certification review would start once the request met the “requirements as defined in th[e] proposed rule, rather than as defined by the certifying authority,” such as a state or tribal authority. The proposed rule would also remove the provision that “allows for automatic extensions” of the review period and narrows the scope of certification to no longer include the “activity as a whole,” only discharges directly into the waters of the United States. The comment period ends on February 17, 2026. See also the Center’s Waters of the United States Virtual Resource Room.
Animal Welfare: Ohio Gestational Crate Regulations Effective January 1, 2026
On January 1, 2026, certain Ohio Administrative Code provisions regulating the use of gestation stalls became effective (Rule 901:12-8-02). Under the newly effective provisions, gestation stalls “can only be used post weaning for a period of time that seeks to maximize embryonic welfare and allows for the confirmation of pregnancy.” Additionally, “any new construction designed to house breeding/gestating sows, including new construction on an existing facility, must not utilize gestation stalls, except to allow sows to be housed in breeding/gestation stalls for a period of time that seeks to maximize embryonic welfare and allows for the confirmation of pregnancy.” However, “individual stall housing will be allowed for special circumstances that jeopardizes the swine’s welfare” such as “injured, frail, thin or aggressive swine.” See also the Center’s Animal Confinement Issue Tracker.
Food Labeling: Ohio Passes ‘Cultivated Meat’ Labeling Law
On December 19, 2025, Ohio Governor Mike DeWine approved HB 10 (PDF), which “regulate[s] imitation meat and egg products and . . . revise[s] various agriculture laws.” Among several items, the law defines “manufactured-protein food product” as a “cultivated-protein food product,” “insect-protein food product,” or “plant-protein food product,” which are all also defined by the law, and deems a food misbranded if it contains a manufactured-protein food product and is labeled with an identifying meat or egg term. Also announced by the governor, the law also directs local education boards and state higher education institutions to “adopt a policy to prevent the purchase of a food that is . . . Misbranded as a meat product or an egg product . . . [or] a cultivated-protein food product.” The law becomes effective on March 20, 2026. See also the Center’s Cell-Cultured Food Regulations Issue Tracker.
___________________________________________________
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:
Nat’l Agric. Law Ctr., Top Environmental Law Topics to Watch in 2026, Brigit Rollins (Jan. 13, 2026)
Southern Ag Today, Top Ten Agricultural Law Stories of 2025, National Agricultural Law Center Attorney Staff (Jan. 16, 2026)
Agric. Law & Tax’n Blog, Top Ten Agricultural Law and Tax Developments of 2025 – No. 4, Roger McEowen (Jan. 17, 2026)
Agric. Law & Tax’n Blog, Top Ten Agricultural Law and Tax Developments in 2025 – No. 5, Roger McEowen (Jan. 14, 2026)
Nat’l Agric. Law Ctr., Rain or Shine: An Overview of Federal Disaster Relief Programs, Will Scobey (Jan. 15, 2026)
Univ. of Ill. Farm Policy News, Lawmakers Eye at Least $15 Billion More in Farmer Aid, Ryan Hanrahan (Jan. 16, 2026)
Ohio St. Univ. Ext. Farm Off. Blog, Bill proposes a Data Center Study Commission for Ohio, Peggy Kirk Hall (Jan. 15, 2026)
Tex. A&M Agric. Law Blog, A Practical Guide to Starting a Horse Riding Lesson Program, Tiffany Dowell Lashmet (Jan. 15, 2026)
STATE ACTIONS—EXECUTIVE & LEGISLATIVE
PENNSYLVANIA DEPARTMENT OF AGRICULTURE PRESS RELEASES
Growing a Nation with PA Farm Families: Shapiro-Davis Administration Designates Eleven Bicentennial and Century Farms at 2026 PA Farm Show (Jan. 16, 2026)
Shapiro Administration Honors Veterans, Service Members, Their Families During Military Appreciation Day at the 2026 PA Farm Show (Jan. 15, 2026)
Shapiro Administration Awards $600,345 in PA Farm Bill Grants to Expand Career Opportunities for Young Pennsylvanians in Agriculture (Jan. 12, 2026)
2026 Pennsylvania Farm Show Opens Kicking Off a Year of America250PA Commemorations (Jan. 10, 2026)
PENNSYLVANIA EXECUTIVE AGENCIES (Pa. Bulletin Vol. 56, No. 3—Jan. 17, 2026):
Department of Conservation and Natural Resources
56 Pa.B. 369 Notice: “Community Conservation Partnerships Program Grants Available”
Department of Environmental Protection
56 Pa.B. 432 Notice: “Availability of Technical Guidance”
56 Pa.B. 433 Notice: “Federal Consistency under the Coastal Zone Management Act; Lake Erie Connector Transmission, LLC, Lake Erie Connector Project”
PENNSYLVANIA LEGISLATURE
HB 2145 “An Act amending Title 12 (Commerce and Trade) of the Pennsylvania Consolidated Statutes, providing for consumer protection and prohibiting the use of perfluoroalkyl and polyfluoroalkyl substances in certain products; imposing powers and duties on the Department of Environmental Protection; and imposing penalties.” Referred to Consumer Protection, Technology & Utilities [House] (Jan. 15, 2026)
HB 2139 “An Act amending Title 3 (Agriculture) of the Pennsylvania Consolidated Statutes, in food protection, further providing for definitions and for prohibited acts.” Referred to Agriculture & Rural Affairs [House] (Jan. 14, 2026)
SB 1135 “An Act amending Title 3 (Agriculture) of the Pennsylvania Consolidated Statutes, providing for the use of hemp in commercial animal feed.” Referred to Agriculture & Rural Affairs [Senate] (Jan. 9, 2026)
FEDERAL ACTIONS—EXECUTIVE & LEGISLATIVE
U.S. ENVIRONMENTAL PROTECTION AGENCY PRESS RELEASES
EPA Reaches $1.1 Million Settlement with Home Market Foods After 2022 Deadly Ammonia Release in Massachusetts (Jan. 14, 2026)
EPA Announces Soil Sampling Initiative to Help LA Residents Further Validate Fire Cleanup Success and Strengthen Future Wildfire Response (Jan. 13, 2026)
EPA Proposes CWA Section 401 Rule to Streamline Permitting, Unleash Economic Growth, and Protect America’s Waterways (Jan. 13, 2026)
EPA Closes 2025 with Significant Progress Remediating Residential Yards in the Nation’s Heartland (Jan. 12, 2026)
EPA Issues Pesticide Stop Sale Orders in Houston, San Antonio Inspections Found Unregistered Cleaning Products (Jan. 12, 2026)
U.S. DEPARTMENT OF AGRICULTURE (USDA) PRESS RELEASES
USDA Accepting Applications for the 1890 National Scholars Program (Jan. 16, 2026)
Whole Milk is Back: President Trump Signs Whole Milk for Healthy Kids Act (Jan. 14, 2026)
Registration is Now Open for USDA’s 102nd Agricultural Outlook Forum (Jan. 14, 2026)
At Farm Bureau Convention, Secretary Rollins Announces Dairy Margin Coverage Expansion and Section 32 Purchases of U.S. Commodities (Jan. 13, 2026)
USDA Names New Leadership of the Animal and Plant Health Inspection Service (Jan. 12, 2026)
USDA AGENCY PRESS RELEASES
Agricultural Marketing Service
USDA Announces Appointments to National Sheep Industry Improvement Center Board of Directors (Jan. 15, 2026)
USDA Announces Appointments to the American Lamb Board (Jan. 15, 2026)
Pre-Solicitation Announcement for Section 32 Purchase of Bottled Concord Grape Juice, Dried Fruit, and Tree Nuts (Jan. 12, 2026)
Agricultural Research Service
Hemp Roots Offer New Opportunities for Farmers and Cancer Research (Jan. 12, 2026)
Animal and Plant Health Inspection Service
USDA Names New Leadership of the Animal and Plant Health Inspection Service (Jan. 12, 2026)
Farm Service Agency
Trump Administration Appoints Patrick Bell to Serve as State Executive Director for USDA’s Farm Service Agency in Washington State (Jan. 16, 2026)
Trump Administration Appoints Wilmer Stoneman to Serve as State Executive Director for USDA’s Farm Service Agency in Virginia (Jan. 15, 2026)
USDA Names Trump Administration Appointees to the New Mexico Farm Service Agency State Committee (Jan. 14, 2026)
USDA Names Trump Administration Appointees to the Tennessee Farm Service Agency State Committee (Jan. 14, 2026)
USDA Names Trump Administration Appointees to the Connecticut Farm Service Agency State Committee (Jan. 14, 2026)
USDA Names Trump Administration Appointees to the Louisiana Farm Service Agency State Committee (Jan. 14, 2026)
USDA Names Trump Administration Appointees to the West Virginia Farm Service Agency State Committee (Jan. 14, 2026)
USDA Names Trump Administration Appointees to the Wyoming Farm Service Agency State Committee (Jan. 14, 2026)
Food Safety and Inspection Service
Constituent Update (Jan. 16, 2026)
Foreign Agricultural Service
Export Sales to Unknown Destinations and Japan (Jan. 16, 2026)
GovDelivery Currently Unavailable (Jan. 15, 2026)
Export Sales to China, Japan, and Unknown Destinations (Jan. 15, 2026)
Export Sales to South Korea and China (Jan. 14, 2026)
2025 Year in Review (Jan. 12, 2026)
Export Sales to South Korea and Unknown Destinations (Jan. 12, 2026)
National Agricultural Statistics Service
Crop Production (Jan. 12, 2026)
National Institute of Food and Agriculture
Land-grant Scientists’ Work Safeguards Livestock (Jan. 15, 2026)
Natural Resources Conservation Service
Agricultural Conservation Easement Program Ranking Pool Reports Available (Jan. 15, 2026)
FEDERAL EXECUTIVE AGENCIES (Federal Register: Jan. 12, 2026—Jan. 16, 2026):
Agriculture Department
91 FR 1738 Notice: “Submission for OMB Review; Comment Request” (Jan. 15, 2026)
91 FR 1464 Advanced notice of proposed rulemaking; correction: “Agricultural Foreign Investment Disclosure Act: Revisions to Reporting Requirements; Correction” (Jan. 14, 2026)
91 FR 1131 Notice: “Submission for OMB Review; Comment Request; Reinstatement” (Jan. 12, 2026)
Animal and Plant Inspection Service
91 FR 1739 Revision to and extension of approval of an information collection; comment request: “Notice of Request for Revision to and Extension of Approval of an Information Collection; Communicable Diseases in Horses” (Jan. 15, 2026)
Environmental Protection Agency
91 FR 2126 Notice: “Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Brownfields Program-Accomplishment Reporting in Assessment, Cleanup and Redevelopment Exchange System (ACRES) (Revision)” (Jan. 16, 2025)
91 FR 2128 Notice request for nominations: “Farm, Ranch, and Rural Communities Advisory Committee (FRRCC); Call for Nominations” (Jan. 16. 2026)
91 FR 2008 Proposed rule: “Updating the Water Quality Certification Regulations” (Jan. 15, 2026)
91 FR 1396 Final rule: “Permethrin; Pesticide Tolerances” (Jan. 14, 2026)
91 FR 1392 Final rule: “Pyriofenone; Pesticide Tolerances” (Jan. 14, 2026)
Farm Service Agency
91 FR 1043 Final rule: “Changes to Agriculture Risk Coverage, Price Loss Coverage, and Dairy Margin Coverage Programs” (Jan. 12, 2026)
Food and Drug Administration
91 FR 2135 Notice: “Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Warning Plans for Certain Tobacco Products” (Jan. 16. 2026)
Food Safety and Inspection Service
91 FR 1740 Notice and request for comments: “Notice of Request to Renew an Approved Information Collection: Specified Risk Materials” (Jan. 15, 2026)
91 FR 1741 Notice and request for comments: “Notice of Request to Renew an Approved Information Collection: Advanced Meat Recovery” (Jan. 15, 2026)
National Agricultural Statistics Service
91 FR 1501 Notice and request for comments: “Notice of Intent to Seek Approval to Reinstate an Information Collection” (Jan. 14, 2026)
91 FR 1500 Notice and request for comments: “Notice of Intent to Request Revision and Extension of a Currently Approved Information Collection” (Jan. 14, 2026)
91 FR 1501 Notice and request for comments: “Notice of Intent to Request Revision and Extension of a Currently Approved Information Collection” (Jan. 14, 2026)
U.S. HOUSE AGRICULTURE COMMITTEE
H.R.7144 “To amend the Emergency Food Assistance Act of 1983 to establish a national food rescue system through partnerships with food rescue organizations.” Referred to the House Committee on Agriculture (Jan. 16, 2026)
H.R.7142 “To amend the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to extend and permanently authorize the Agriculture Advanced Research and Development Authority, and for other purposes.” Referred to the House Committee on Agriculture (Jan. 16, 2026)
H.R.1834 “Breaking the Gridlock Act” Senate returned papers to the House (Jan. 16, 2026)
H.R.7080 “To amend the Farm Security and Rural Investment Act of 2002 to include waste energy recovery as a source of renewable energy, and for other purposes.” Referred to the House Committee on Agriculture (Jan. 14, 2026)
H.R.7069 “To amend the Food and Nutrition Act of 2008 to expand benefits to households eligible for Federal and State energy assistance programs, and for other purposes.” Referred to the House Committee on Agriculture (Jan. 14, 2026)
H.R.6300 “Grasslands Grazing Act of 2025” Subcommittee Hearings Held (Jan. 14, 2026)
H.R.4386 “America the Beautiful Motorcycle Fairness Act” Placed on the Union Calendar, Calendar No. 385 (Jan. 14, 2026)
H.R.4284 “Small Cemetery Conveyance Act” Placed on the Union Calendar, Calendar No. 389 (Jan. 14, 2026)
H.R.4038 “Wildfire Response and Preparedness Act of 2025” Subcommittee Hearings Held (Jan. 14, 2026)
H.R.3922 “Cross-Boundary Wildfire Solutions Act” Subcommittee Hearings Held (Jan. 14, 2026)
H.R.7024 “Hemp Planting Predictability Act” Referred to the House Committee on Agriculture (Jan. 13, 2026)
H.R.7010 “To amend the Agriculture, Rural Development, Food and Drug Administration, and Related Agency Appropriations Act, 2026, to delay the implementation of amendments made by such Act to the hemp production provisions of the Agricultural Marketing Act of 1946.” Referred to the House Committee on Agriculture (Jan. 12, 2026)
H.R.7007 “To govern on behalf of the American people.” Referred to the Committee on Ways and Means, and in addition to the Committees on Transportation and Infrastructure, the Judiciary, Agriculture, Natural Resources, Science, Space, and Technology, Education and Workforce, Small Business, Energy and Commerce, Foreign Affairs, Intelligence (Permanent Select), Armed Services, Oversight and Government Reform, Veterans’ Affairs, Financial Services, House Administration, Homeland Security, Rules, Ethics, the Budget, and Appropriations, 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 (Jan. 12, 2026)
H.R.1681 “Expediting Federal Broadband Deployment Reviews Act” Reported by the Committee on Natural Resources. H. Rept. 119-439, Part I (Jan. 12, 2026)
U.S. SENATE COMMITTEE AGRICULTURE, NUTRITION, AND FORESTRY
S.3686 “A bill to amend the Agriculture, Rural Development, Food and Drug Administration, and Related Agency Appropriations Act, 2026, to delay the implementation of amendments made by that Act to the hemp production provisions of the Agricultural Marketing Act of 1946.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry (Jan. 15, 2026)
S.3669 “A bill to amend the Richard B. Russell National School Lunch Act to establish a pilot program to award grants to school food authorities to provide 100 percent plant-based food and milk options, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry (Jan. 15, 2026)
S.3637 “A bill to amend the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to reauthorize the Agriculture Advanced Research and Development Authority, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry (Jan. 14, 2026)
S.3633 “A bill to amend the Rural Electrification Act of 1936 to reauthorize the expansion of middle mile infrastructure into rural areas.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry (Jan. 14, 2026)
S.3471 “EFFECTIVE Food Procurement Act” Committee on Small Business and Entrepreneurship. Hearings held (Jan. 14, 2026)
S.222 “Whole Milk for Healthy Kids Act of 2025” Became Public Law No: 119-69 (Jan. 14, 2026)
S.3620 “A bill to amend the Consolidated Farm and Rural Development Act to expand eligibility for grants related to emergency water assistance, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry (Jan. 13, 2026)
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
Riley Amdor—Research Assistant
Samuel Sweeten—Research Assistant
