Disaster Assistance Programs: Federal, State Governments Respond to Pennsylvania Freeze Event 
On May 26, 2026, the U.S. Department of Agriculture (USDA) announced that Agriculture Secretary Brooke Rollins had “signed a disaster designation for 17 counties in Pennsylvania due to damage and losses caused by below-freezing temperatures that occurred April 19 through April 21, 2026,” allowing USDA’s Farm Service Agency (FSA) to issue emergency loans to producers in those areas. According to the announcement, “producers in Adams, Columbia, Cumberland, Dauphin, Franklin, Lackawanna, Lancaster, Luzerne, Lycoming, Monroe, Montour, Northumberland, Perry, Susquehanna, Wayne, Wyoming, and York Counties have until Jan. 26, 2027, to apply for . . . emergency loans.” Previously, on May 15, USDA issued an announcement summarizing various available USDA disaster assistance programs and, on May 13, Pennsylvania Governor Josh Shapiro issued a letter to the chairs of the state house and senate Agriculture & Rural Affairs committees requesting a $20 million allocation in the 2026–27 enacted budget for freeze recovery efforts. Additionally, the Pennsylvania Department of Agriculture (PDA) Agricultural Business Development Center (ABDC) has held roundtable discussions and maintains a Crop Freeze webpage with resources and updates.
Agricultural Labor: Federal Court Denies Preliminary Injunction Against H-2A ‘Skill Level’ Wage Rule
On May 14, 2026, the U.S. District Court for the Eastern District of California issued an order denying a preliminary injunction against the U.S. Department of Labor’s (DOL) October 2025 final rule amending the H-2A Adverse Effect Wage Rate (AEWR) calculation methodology, which divides rates into two job “skill levels” defined, in part, by a job’s required experience. United Farm Workers v. U.S. Dep’t Labor, No. 1:25-cv-01614. In developing the interim final rule, which DOL issued without notice and comment under the “good cause” exception, “DOL asserted that a ‘current and imminent labor shortage’ could not be avoided, due to a reduction in the number of unauthorized noncitizens in the country” and “indicated that it had ‘no evidence of the existence of a substantial population of U.S. workers who are willing and able to accept wage rates that are reasonable and proportionate to agricultural work but are deterred from entering agricultural work by AEWR-priced H-2A workers.’” The plaintiff farmworker group presented declarations from several workers and argued that the rule “will ‘drastically cut the minimum wage that U.S. employers must pay foreign farmworkers,” and thus “‘creates an adverse effect’ on the wages for U.S. workers ‘by significantly lowering the AEWRs, which will in turn put downward pressure on the wages of U.S. workers who work, and will continue to work, similar jobs, often on the same contract as the H-2A workers.’” However, the court held that the plaintiffs had failed to show they are likely to suffer irreparable harm, which may not usually be established by economic damages alone, although can be shown by “decreased wages or loss of income . . . ‘when an employee is so poor that . . . the consequences would be severe.’” The court found that the “declarants [who] establish[ed] that a wage cut would affect their ability to pay for basic costs of living . . . fail[ed] to present sufficient evidence showing they are likely to receive reduced hourly wages due to the IFR” and the declarants “submitted in reply” who did “assert[] that certain . . . UFW members have received lower wages for their work since the IFR took effect” did not “assert[] that . . . [they] have had any difficulties in paying for costs of living, or suffered any other irreparable harm, due to the wage reductions or the IFR.” See also ALWR—Dec. 2, 2025, “United Farm Workers File Complaint Against H-2A Adverse Effect Wage Rate Calculation Interim Final Rule.”
Nutrition Programs: USDA Publishes ‘Whole Milk for Healthy Kids’ Final Rule
On May 8, 2026, the U.S. Department of Agriculture (USDA) Food and Nutrition Service (FNS) published in the Federal Register a final rule (91 FR 25073) implementing P.L. 119–69, the “Whole Milk for Healthy Kids Act,” which excludes fluid milk from the saturated fat calculations of the National School Lunch Program (NSLP). Previously, FNS issued a guidance document applying the new law only to the NSLP. The final rule, which also references the full-fat dairy recommendations in the Dietary Guidelines for Americans, 2025-2030, updates “regulations to allow whole and reduced-fat milk to be offered to Child Nutrition Program participants ages two and up in the NSLP, School Breakfast Program, Child and Adult Care Food Program, and Special Milk Program.” The rule also “extends the saturated fat exclusion from weekly dietary specifications” to the School Breakfast Program (SBP) and allows whole and reduced-fat milk to be offered in the NSLP afterschool snack service and the NSLP and SBP preschool meal pattern. Additionally, under the final rule, “whole and reduced-fat milk may now be sold as a compliant beverage for competitive foods, commonly known as Smart Snacks in School.” See also ALWR—Jan. 20, 2026, “‘Whole Milk for Healthy Kids Act’ Signed into Law.”
Nutrition Programs: USDA Publishes Final Rule Amending SNAP Retail Stocking Requirements
On May 8, 2026, the U.S. Department of Agriculture (USDA) Food and Nutrition Service (FNS) published in the Federal Register a final rule (91 FR 25082) establishing new stocking requirements for retailer participation in the Supplemental Nutrition Assistance Program (SNAP). The new rule increases the required number of varieties a retailer must offer from 3 to 7 within each of 4 staple food categories, increasing the minimum distinct staple food varieties from 12 to 28. Additionally, retailers must offer three stocking units of each staple food variety, totaling 84 stocking units, and provide 1 perishable food variety in at least 3 staple food categories “so that a minimum of three (3) of the 28 varieties and nine (9) of the 84 stocking units are perishable.” Under the new rule, butter is considered an “accessory food” while sour cream, shredded cheese, and flavored milk are all distinct food varieties. The final rule becomes effective July 7, 2026, and SNAP retailers must comply with the rule by November 4, 2026. See also ALWR—Oct. 14, 2025, “USDA Publishes Proposed Rule to Change SNAP Retail Stocking Requirements.”
Food Policy: Wegmans Announces Artificial Colors Removed from All In-Store Bakery Items
On May 15, 2026, Wegmans Food Markets, Inc. announced (PDF) that all items in its in-store bakeries are now “made without artificial colors, dyes, flavors, or unnecessary preservatives.” The company states, “Wegmans Bakery continues to focus on recipes made with simple, familiar ingredients—such as flour, sugar, eggs, butter, and real vanilla” and that its “[n]atural colors are derived primarily from fruits and vegetables, including turmeric and annatto for yellows and oranges, and beets and red cabbage for reds.”
Organic Agriculture: Albertsons Safeway Signs Agreement with Texas AG to Stop Misting Organic Produce with Synthetic Pesticides
On May 19, 2026, the Texas Office of Attorney General announced that the office had signed an Assurance of Voluntary Compliance with Albertsons Safeway LLC, the parent company of several Texas grocery store chains, stipulating that, within 90 days of the agreement, the company will stop misting organic produce in the state with synthetic antimicrobial pesticides, including ProduceMaxx—an Environmental Protection Agency (EPA)-approved synthetic antimicrobial pesticide that contains the chlorine-based compound hypochlorous acid. Additionally, under the agreement, the “stores will also require employees to complete a potable water rinse on all organic produce after” using ProduceMax for “crisping,” the “process of rehydrating produce for the primary purpose of maintaining quality and appearance.” According to the announcement, “chains that will implement these new requirements include Albertsons Market, Randall’s, Tom Thumb, United Supermarkets, Market Street, United Express, Market Street Express, and Amigos.”
Antitrust: DOJ Announces Bayer to Change Loyalty Program Provisions Subject to Antitrust Scrutiny
On May 20, 2026, the U.S. Department of Justice (DOJ) Antitrust Division announced (PDF) that “Bayer CropScience LLC has “made two important changes” to its “Premier Performance” loyalty program, which, DOJ states, is “a key subject of the Division’s scrutiny.” First, DOJ states that Bayer has removed the connection between corn and soybean seed sales targets for the 2025 planting year and will not reinstate connected sales targets for seven years. Previously, independent seed companies were required to meet sales targets for both corn and soybean seed to receive program discounts. Additionally, Bayer has eliminated “incentives that could limit independent seed companies’ willingness to license technology from Bayer’s competitors” and “has committed to not reinstate these incentives, or any substantially similar incentive program, for seven years.”
Crop Insurance: USDA Announces Livestock Insurance Program Updates
On May 18, 2026, the U.S. Department of Agriculture (USDA) Risk Management Agency (RMA) announced (PDF) several updates to three livestock insurance programs: Livestock Risk Protection (LRP policy), Livestock Gross Margin (LGM Cattle Policy; LGM Dairy Policy; LGM Swine Policy), and Dairy Revenue Protection (DRP Policy). Updates to all programs include amending the definition of “beginning farmer or rancher,” to increase the eligibility period from 5 crop years to 10 crop years; adding detailed guidance on call option purchases that will be presumptively considered prohibited subsidy capture under the programs; and allowing concurrent coverage between similar livestock insurance programs. The changes will begin with the 2027 crop year.
Crop Insurance: USDA Announces Base Acre Increase Opportunity Available Until August 31, 2026
On May 26, 2026, the U.S. Department of Agriculture (USDA) Farm Service Agency (FSA) announced (PDF) that “eligible landowners have from June 1 until Aug. 31, 2026 to review and consider base acre increases on farms enrolled in the Agriculture Risk Coverage (ARC) and Price Loss Coverage (PLC) programs,” as authorized under the 2025 Reconciliation Bill (P.L. 119-21). To be eligible for new base acres under the programs, “a current covered commodity must have been planted or prevented from being planted on the farm during the 2019 through 2023 crop years” and “the farm’s average planted and prevented planted acres during that period must exceed the total existing base acres for all covered commodities in effect on Sept. 30, 2024, excluding unassigned base acres.” USDA states that “if eligible requests exceed the nationwide cap of 30 million acres, USDA will apply an across-the-board, prorated reduction to all approved new base acres.”
Agricultural Finance: USDA Revokes Approved Lender Status of Ten Lenders
On May 12, 2026, the U.S. Department of Agriculture (USDA) announced (PDF) that the department had removed ten lenders from participation in the USDA Rual Development OneRD Guaranteed Lending Program. According to the announcement, the removed lenders “have portfolios with approximately $620 million in delinquent loans, accounting for approximately 47% of Rural Development’s delinquent loans.” The removed lenders and their respective headquarter locations are as follows:
- Bank of Montgomery (BOM) Bank (Natchitoches, La.)
- Byline Bank (Chicago, Ill.)
- Celtic Bank (Salt Lake City, Utah)
- Community Bank & Trust—West Georgia (LaGrange, Ga.)
- Genisys Credit Union (Auburn Hills, Mich.)
- Greater Nevada Credit Union (Carson City, Nev.)
- North Avenue Capital (Ponte Vedra Beach, Fla.)
- Optus Bank (Columbia, S.C.)
- S. Eagle Federal Credit Union (Albuquerque, N.M.)
- ReadyCap Commercial (New York, N.Y.)
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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 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:
June 17: Strategies for Employing a Youth Workforce
June 30: All About Farm Labor Contractors
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:
July 14: 2nd Quarter 2026 Quarterly Dairy Legal Webinar
Oct. 13: 3rd Quarter 2026 Quarterly Dairy Legal Webinar
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:
June 26: Understanding the Basics of Agricultural Vehicle Regulation
July 24: Understanding the Basics of International Agricultural Trade & Tariffs
Subscribe to the Pennsylvania Farm Employers’ Listserv (PFEL): an email networking and resource-sharing group exclusively about human resources information for agricultural operations.
Resources of Interest:
Nat’l Agric. Law Ctr., Upcoming SCOTUS Ruling in ‘Failure-to-Warn’ Case Could Change Course of Glyphosate Litigation, Brigit Rollins (May 18)
Nat’l Agric. Law Ctr., Supreme Court Asked to Revisit Definition of WOTUS, Brigit Rollins (May 26)
Southern Ag Today, Alternative Proteins: Litigation and Legislation Updates, Emily Stone, National Agricultural Law Center (May 22)
Southern Ag Today, Oklahoma–Arkansas Chicken Litter Case Continues, Elizabeth Rumley, National Agricultural Law Center (May 29)
Univ. Md. Risk Mgmt. Educ. Blog, Deere & Company Repair Services Antitrust Litigation—Understanding the Preliminary Settlement Approval and Your Rights Olivia Scuderi and Paul Goeringer (May 20)
Ohio St. Univ. Ext. Farm Off. Blog, Another Bill Proposed to Address Rising Fertilizer Costs, Ellen Essman (May 28)
Nat’l Agric. Law Ctr., Soil for Sale? Utah Amends State Foreign Ownership Law (May 21)
Ohio St. Univ. Ext. Farm Off. Blog, Ohio Senate passes substitute bill on Carbon Capture and Storage activity, Peggy Kirk Hall (May 22)
Iowa St. Univ. Ctr. Agric. Law & Tax’n, Research Credits on the Farm, Kristine A. Tidgren (May 18)
Ohio St. Univ. Ext. Farm Off. Blog, Are Farmers Liable for Escaped Livestock?, Robert Moore (May 26)
Nat’l Agric. Law Ctr., Food Foundations: Categories of Food Ingredients, Emily Whitest (May 19)
STATE ACTIONS—EXECUTIVE & LEGISLATIVE
PENNSYLVANIA DEPARTMENT OF AGRICULTURE PRESS RELEASES
PENNSYLVANIA EXECUTIVE AGENCIES (Pa. Bulletin Vol. 56, No. 20—May 16, 2026)
Department of Agriculture
56 Pa.B. 2988 Rule 7 PA. CODE CH. 59a: Milk Sanitation
56 Pa.B. 3027 General Quarantine Order; Influenza A Viruses in Ruminants; Exhibition of Dairy Cattle
56 Pa.B. 3030 Interstate and International Quarantine Order; Restriction of Movement and Pre-Movement Influenza Testing of Dairy Cattle
56 Pa.B. 3157 Referendum order: Referendum on Continuation of the Pennsylvania Wine Marketing and Research Program
56 Pa.B. 3027 Addendum to the Order of Quarantine: Box Tree Moth
Department of Environmental Protection
56 Pa.B. 3270 Comment: Clean Water and Drinking Water State Revolving Fund Programs; Federal Fiscal Year 2026 Intended Use Plans; Available for Public
PENNSYLVANIA LEGISLATURE
No new actions.
FEDERAL ACTIONS—EXECUTIVE & LEGISLATIVE
U.S. DEPARTMENT OF AGRICULTURE (USDA) PRESS RELEASES
Rollins Applauds Montana Governor for Submitting SNAP Waiver to Make America Healthy Again (May 19)
Secretary Rollins Signs Disaster Declaration for Pennsylvania Counties (May 26)
USDA Opens State-of-the-Art Livestock Insects Research Laboratory to Combat Livestock Pests (May 27)
USDA Launches Great American Cotton Plan to Revitalize the Cotton Farm Economy (May 28)
USDA AGENCY PRESS RELEASES
Agricultural Marketing Service
USDA Files Action Against Williams Produce LLC in South Carolina for Alleged PACA Violations (May 18)
USDA Files Action Against Ingles Produce Inc. in Florida for Alleged PACA Violations (May 18)
USDA Settles Packers and Stockyards Case with Foster Farms LLC (May 18)
USDA Issues Packers and Stockyards Default Decision against Alwatania Meat Corp (May 18)
USDA Settles Packers and Stockyards Case with Crum Livestock LLC and Connor Crum (May 18)
USDA Announces National Pork Board Appointments (May 22)
USDA Announces Appointments to the National Mango Board (May 22)
USDA Announces Appointments Cotton Board (May 22)
USDA Announces Appointments to the Cattlemen’s Beef Promotion and Research Board (May 22)
USDA Announces Temporary Suspension of Continuance Referendum for South Texas Onions Marketing Order (May 26)
USDA Cites Riba Foods Inc. in Texas for PACA Violations (May 26)
USDA Announces Delay of Effective Date of Grower Payment Systems Final Rule (May 28)
Food Safety Inspection Service
Foreign Agricultural Service
USDA Publishes FY 2026 Notices of Funding Opportunity for Food for Progress (May 22)
National Agricultural Statistics Service
USDA to Gather Agricultural Conservation Data to Assess Trends and Improve Programs and Services (May 29)
Rural Development
USDA is Accepting Applications for Rural Business Development and Distance Learning and Telemedicine Projects (May 22nd, 2026)
Rural Business Development Grants Open for Applications (May 26)
FEDERAL EXECUTIVE AGENCIES (Federal Register: May 18–29, 2026):
Animal and Plant Health Inspection Service
USDA. 2026-10014 (91 FR 29108) Notice—Comment Request: “Notice of Request for Revision to and Extension of Approval of an Information Collection; Swine Health Protection” (May 19)
91 FR 30272 Notice: “Notice of Request for Revision to and Extension of an Information Collection; Standards for Privately Owned Quarantine Facilities for Ruminants” (May 22)
91 FR 30610 Notice: “Notice of Request for Revision to and Extension of Approval of an Information Collection; Highly Pathogenic Avian Influenza, All Subtypes, and Newcastle Disease; Additional Restrictions (Pet, Performing, and Research Birds; Bird Carcasses)” (May 26)
Food Safety and Inspection Service
91 FR 29879 Rule: “Visual Post-Mortem Inspection in Swine Slaughter Establishments” (May 21)
Environmental Protection Agency
91 FR 29425 Proposed Rule: “Extending the Compliance Deadline for the PFOA and PFOS Maximum Contaminant Levels” (May 20)
91 FR 29955 Notice: “Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Consolidated Pesticide Registration Submission Portal (Renewal)” (May 21)
91 FR 30217 Rule: “Aluminum in Pesticide Formulations; Exemption from the Requirement for a Tolerance” (May 22)
91 FR 31454 Notice: “Notice of Decision on Innovative Product Exemption Applications Under the National Volatile Organic Compound Emission Standards for Consumer Products” (May 27)
91 FR 31958 Rule: “Propylene Oxide; Pesticide Tolerances” (May 29)
91 FR 31962 Rule: “Significant New Use Rules on Certain Chemical Substances (25-2.5e)” (May 29)
91 FR 32046 Notice: “Certain New Chemicals or Significant New Uses; Statements of Findings-March 2026” (May 29)
91 FR 31954 Rule: “Bacillus Thuringiensis Cry1B.34.1, Bacillus Thuringiensis Cry1B.61.1 and Adiantum Trapeziforme var. Braziliense IPD083Cb Proteins; Pesticide Tolerances” (May 29)
U.S. HOUSE AGRICULTURE COMMITTEE
H.R.7567 “Farm, Food, and National Security Act of 2026” Introduced in House (May 19)
H.R.6775 “New Markets for Farmers and Families Act” Referred to the Subcommittee on Forestry and Horticulture.” (May 20)
H.R.6776 “Farmers to Families Act.” Referred to the Subcommittee on Nutrition and Foreign Agriculture. (May 20)
H.R.6779 “USDA Loan Modernization Act.” Referred to the Subcommittee on General Farm Commodities, Risk Management, and Credit. (May 20)
H.R.6780 “Producing Real Opportunities for Technology and Entrepreneurs Investing in Nutrition Act.” Referred to the Subcommittee on Conservation, Research, and Biotechnology. (May 20)
H.R.6802 “CLEAR Act of 2025” Referred to the Subcommittee on Forestry and Horticulture. (May 20)
H.R.6834 “STORE Act of 2025.” Referred to the Subcommittee on Nutrition and Foreign Agriculture (May 20)
H.R.6969 “Rural Investment for Producers and the Environment (RIPE) Act of 2026.” Referred to the Subcommittee on Conservation, Research, and Biotechnology. (May 20)
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 Subcommittee on Forestry and Horticulture. (May 20)
H.R.7024 “Hemp Planting Predictability Act” Referred to the Subcommittee on Forestry and Horticulture. (May 20)
H.R.7069 “Affordable Food and Energy Act of 2026” Referred to the Subcommittee on Nutrition and Foreign Agriculture. (May 20)
H.R.8960 “To direct the Secretary of Agriculture to establish a subsidy program to make payments to eligible producers for certain revenue losses associated with direct-to-market sales of beef, and for other purposes.” Referred to the House Committee on Agriculture. (May 21)
H.R.9005 “To amend the Consolidated Farm and Rural Development Act to direct the Secretary of Agriculture to make temporary zero-percent interest loans under the community facilities direct loan program to construct or renovate certain rural hospitals, and for other purposes.” Referred to the House Committee on Agriculture (May 21)
U.S. SENATE COMMITTEE AGRICULTURE, NUTRITION, AND FORESTRY
S.4560 “MARKET Act of 2026” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (Sponsor introductory remarks on measure (May 19)
S.4627 “A bill to increase access to artificial intelligence through programs of the Department of Agriculture, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (May 21)
U.S. HOUSE AGRICULTURE COMMITTEE—UPCOMING HEARINGS
Full Committee on Agriculture, For the Purpose of Receiving Testimony from the Honorable Brooke L. Rollins, Secretary, U.S. Department of Agriculture (Thursday, June 4, 2026, 10:00 AM ET)
U.S. SENATE COMMITTEE AGRICULTURE, NUTRITION, AND FORESTRY—UPCOMING HEARINGS
Oversight of the United States Forest Service, Oversight of the United States Forest Service (Tuesday, June 2, 2026)
Contributors:
Audry Thompson—Staff Attorney
Brooke Colledge—Research Assistant
