Register Now: 2025 Agricultural Law Symposium—Sept. 18, 2025. Early Bird Pricing until Aug. 29! Attorneys w/ CLE—$150, Non-CLE—$100.

Next Week—Fri. Aug. 22: Understanding the Basics of Foreign Agricultural Land Ownership Laws

Food Safety: FDA to Extend ‘Food Traceability Rule’ Compliance Date Until July 2028 🌾
On August 7, 2025, the U.S. Food and Drug Administration (FDA) published in the Federal Register a proposed rule (90 FR 38084) to extend the compliance date of the agency’s Food Traceability Rule by 30 months from January 20, 2026, to July 20, 2028. According to the proposed compliance date extension, the agency is taking the action “due to concerns about the amount of time affected entities will need to implement the requirements of the rule.” Previously, FDA had announced it would extend the compliance date until July 2028. The proposed rule is available for public comment until September 8, 2025 (FDA-2014-N-0053). See also ALWR—Mar. 26, 2025, “FDA to Extend ‘Food Traceability Rule’ Compliance Date Until July 2028.

Food Policy: FDA Proposes to Amend Standard of Identity for Pasteurized Orange Juice
On August 6, 2025, the U.S. Food and Drug Administration (FDA) published in the Federal Register a proposed rule (90 FR 37817) “to amend the standard of identity for pasteurized orange juice” by “reduc[ing] the minimum required Brix level—a measure of dissolved  sugar content—in pasteurized orange juice from 10.5 percent to 10 percent.”  Also announced by FDA, the agency states that the 10 percent Brix level “better reflect[s] the natural Brix level of American oranges” and that the “change is unlikely to affect the taste of pasteurized orange juice.” According to the rule, “th[e] action [is] in response to a citizen petition submitted by the Florida Citrus Processors Association and Florida Citrus Mutual in 2022.” Additionally, FDA states that “[t]he rule change is estimated to save orange juice manufacturers more than $50 million per year and would reduce reliance on the use of imported oranges for ‘not from concentrate’ pasteurized orange juice products.” The proposed rule is available for public comment until November 4, 2025 (FDA-2022-P-1668).

Nutrition Programs: USDA Approves SNAP Food Restriction Waivers for Six Additional States
On August 4, 2025, the U.S. Department of Agriculture (USDA) approved SNAP Food Restriction Waivers to “amend the statutory definition of food for purchase for Supplemental Nutrition Assistance Programs (SNAP)” in six states:

  • Colorado (“Restricts purchase of soft drinks.”)
  • Florida (“Restricts purchase of soda, energy drinks, candy, and prepared desserts.”)
  • Louisiana (“Restricts purchase of soft drinks, energy drinks, and candy.”)
  • Oklahoma (“Restricts purchase of soft drinks and candy.”)
  • Texas (“Restricts purchase of sweetened drinks and candy.”)
  • West Virginia (“Restricts purchase of soda.”)

Also announced by USDA, the waivers have a January 1, 2026, target implementation date, except for Colorado (March 1, 2026) and Texas (April 1, 2026). USDA states that, “[p]rior to these waivers, SNAP recipients could buy anything except alcohol, tobacco, hot and prepared foods, and personal care products.” These waivers follow six previous SNAP Food Restriction Waivers issued in May and June 2025. See also ALWR—June 24, 2025, “Nutrition Programs: USDA Approves ‘Non-Nutritious Items’ SNAP Waivers for Six States.”

Technology: Deere Announces New Subscription Repair Tool to Replace its Service ADVISOR Tool
On July 31, 2025, Deere and Company issued a press release (PDF) announcing that the company is making available a new digital repair tool, Operations Center PRO Service. According to the announcement, the “increased functionality” of the new tool replaces its Deer’s Customer Service ADVISOR tool, which, the company states, “will be phased out over the next year.” Deer further states that “local service provider[s] can also use Operations Center PRO Service” and “independent providers can gain access to diagnostic and repair information to support the equipment owner’s needs” “[w]ith a John Deere equipment owner’s permission.” According to Deere, the tool will be “available through an annual license starting at just $195 USD per machine for customers.” Antitrust litigation is currently pending against Deere for the company’s limited distribution of its Service ADVISOR repair tool. Federal Trade Commission v. Deere & Company, N. Ill. No. 3:25-cv-50017. See also ALWR—July 29, 2025, “Federal Court Denies Motion to Compel Discovery of Deere’s ‘Dealer Financial Analysis’ in Antitrust Service ADVISOR Case.” 

Agricultural Labor: Congressmembers Sign Letter to Rescind H-2A Adverse Effect Wage Rate Methodology Rule
On August 1, 2025, three members of Congress from North Carolina and South Carolina published a letter to U.S. Department of Labor (DOL) Secretary of Labor Lori Chavez-DeRemer “encourag[ing] . . . [DOL] to fully rescind” the agency’s 2023 Adverse Effect Wage Rate (AEWR) Methodology rule (88 FR 12760), which “sets hourly wages beyond the six traditional farm work occupations listed in the U.S. Department of Agriculture’s (USDA) Farm Labor Survey by using data from the DOL’s Occupational Employment and Wage Statistics program” and “requires farm operators to pay the highest applicable AEWR Standard Occupational Classification code for farm workers.” The letter claims that “[e]nforcement of th[e] rule directly contributes to higher food costs for all Americans” and notes that, last year, “various congressional colleagues helped in leading a bicameral resolution of disapproval” against the rule. The letter was signed by more than eighty other members of Congress. See also ALWR—Oct. 11, 2024, “Federal Court Partially Enjoins 2023 H-2A Adverse Effect Wage Calculation Rule” and ALWR—May 24, 2024, “DOL Ratifies 2023 H-2A Adverse Effect Wage Rate Final Rule Methodology.”

 

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2025 Agricultural Law Symposium—September 18, 2025. In-person at Penn State Dickinson Law, Lewis Katz Building, University Park, Pa. This day-long symposium will offer 6 CLE credits to Pennsylvania-licensed attorneys. Early Bird Pricing until Aug. 29! Attorneys w/ CLE—$150, Non-CLE—$100, Students—$25 REGISTER NOW

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:

Aug. 22, 2025, Understanding the Basics of Foreign Agricultural Land Ownership Laws

Sept. 26, 2025, Understanding the Basics of U.S. Grain Dealer Statutes

Oct. 24, 2025, Understanding the Basics of Pennsylvania’s Seasonal Farm Labor Law

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

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:

Oct. 14, 2025, 3rd Quarter 2025 Quarterly Dairy Legal Webinar

Mid-Atlantic Ag & Resource Law Conference with WVU Extension—October 28–29, 2025. In-person at National Conservation Training Center, Shepherdstown, WV. Registration Available.

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

Register or Refer an Ag Business for 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.

Resources of Interest:

Southern Ag Today, New Federal Law Simplifies Payment Limitations, Andrew Branan—NC State Ext. (August 8, 2025)

Ohio St. Univ. Ext. Farm Off. Blog, One Big Beautiful Bill Act Tax Provisions Important for Farms and Agriculture, Barry Ward (August 7, 2025)

Univ. of Ill. Farm Policy News, MAHA Report Will ‘Respect’ Glyphosate Safety, EPA Official Says, Ryan Hanrahan (August 7, 2025)

Univ. of Ill. FarmDoc Daily, U.S. Tariffs on Brazil: Potential Implications for Agricultural Trade and Consumers, Joana Colussi, Gary Schnitkey, and Nick Paulson (August 7, 2025)

Nat’l Agric. Law Ctr., Food Foundations: FDA Human Food Inspections, Emily Stone (August 5, 2025)

Univ. Md. Risk Mgmt. Educ. Blog, Maryland Supreme Court Reverses in Foster Farms Case: Lessons for County Right-to-Farm Boards, Paul Goeringer (August 5, 2025)

Ohio St. Univ. Ext. Farm Off. Blog, State Operating Budget: Additional Changes Affecting Agriculture, Ellen Essman (August 5, 2025)

STATE ACTIONS—EXECUTIVE & LEGISLATIVE

PENNSYLVANIA EXECUTIVE AGENCIES (Pa. Bulletin Vol. 55, No. 32—August 9, 2025):  

Department of Conservation and Natural Resources

55 Pa.B. 5693 Notice: “Community Services Block Grant Program’s Proposed State Plan”

55 Pa.B. 5693 Notice: “Presque Isle State Park Complex Advisory Committee Meeting Schedule Update 2025”

Department of Environmental Protection

55 Pa.B. 5766 Notice: “Agricultural Advisory Board Meeting Time and Location Change”

55 Pa.B. 5694 Notice: “Applications for National Pollutant Discharge Elimination System (NPDES) Permits and Water Quality Management (WQM) Permits Under the Clean Streams Law and Federal Clean Water Act”

55 Pa.B. 5766 Notice: “Availability of the Small Business Advantage Grant”

55 Pa.B. 5767 Notice: “Bid Opportunity”

55 Pa.B. 5768 Notice: “Household Hazardous Waste Education Grant Award under Section 901 of the Municipal Waste Planning, Recycling and Waste Reduction Act, Act 101 of 1988”

55 Pa.B. 5768 Notice: “Reissuance of National Pollutant Discharge Elimination System General Permit for Stormwater Associated with Mining Activities (BMP GP-104)”

Environmental Hearing Board

55 Pa.B. 5792 Notice: “United States Steel Corporation v. Department of Environmental Protection; EHB Doc. No. 2025-082-L”

55 Pa.B. 5792 Notice: “United States Steel Corporation v. Department of Environmental Protection; EHB Doc. No. 2025-083-L”

Environmental Quality Board

55 Pa.B. 5792 Notice: “Meeting Cancellation”

55 Pa.B. 565 Rules and Regulations: “Water Quality Standards—Site-Specific Water Quality Criteria”

PENNSYLVANIA LEGISLATURE

HB 1768 “An Act establishing the Keystone Fresh Program; providing for the Fresh Schools Grant Program, for the Keystone Producer Grant Program, for the Keystone Assistance Grant Program and for the administration of the Keystone Fresh Program by the Department of Education and the Department of Agriculture; and establishing the Keystone Fresh Fund.” Referred to Agriculture & Rural Affairs [House] (August 4, 2025)

HB 1773 “An Act amending the act of April 12, 1951 (P.L.90, No.21), known as the Liquor Code, providing for adult use cannabis; imposing certain gross receipts tax and excise tax; and making repeals.” Referred to Health [House] (August 4, 2025)

FEDERAL ACTIONS—EXECUTIVE & LEGISLATIVE

U.S. ENVIRONMENTAL PROTECTION AGENCY PRESS RELEASES

EPA Celebrates Another 100 Days with 100 More Pro-Environmental Actions (August 7, 2025)

ICYMI: Administrator Zeldin in Boston Globe: Building the Constitution Pipeline is vital for New England’s grid stability (August 6, 2025)

EPA Announces Availability of $9 Million to Protect Drinking Water from Natural Hazards and Cybersecurity Threats (August 5, 2025)

Senate Confirms Paige Hallen Hanson as EPA’s Chief Financial Officer (August 4, 2025)

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

ICYMI: Secretary Rollins Pens Washington Examiner Op-Ed on the Great American Farmers Market, Highlighting the Legacy and Future of U.S. Agriculture (August 8, 2025)

Following Forests and Firefighters Day at the Great American Farmers Market, Deputy Secretary Vaden to Spotlight History and Innovation at “America the Beautiful” Day, featuring George Washington’s 250-year-old Cherries and Modern Agricultural Science (August 7, 2025)

Secretary Rollins Targets Invasive Species, Announces Next Steps to Clear the Chesapeake from Harmful Catfish (August 6, 2025)

Following Faith Day at the Great American Farmers Market, Secretary Rollins Hosts Secretary Lutnick, McMahon, and Administrator Zeldin to Honor America’s Bravest on the National Mall (August 6, 2025)

On Faith and Fellowship Tuesday at the Great American Farmers Market, Secretary Rollins Reaffirms USDA’s Commitment to Upholding Religious Liberties (August 5, 2025)

USDA Reminds Families to Pack Food Safety with Back-to-School Lunches (August 5, 2025)

During the Great American Farmers Market, Secretary Rollins Removes Unhealthy Food from SNAP (August 4, 2025)

USDA Kicks Off Inaugural Great American Farmers Market with Concert, Vendors, and Celebration of Agriculture and Liberty (August 4, 2025)

Secretary Rollins Statement on Confirmation of Luke Lindberg as Under Secretary for Trade and Foreign Agricultural Affairs (August 2, 2025)

USDA AGENCY PRESS RELEASES

Agricultural Marketing Service (AMS)

USDA Lifts PACA Reparation Sanctions on Texas Produce Business (August 7, 2025)

USDA Announces Results of Referendum for Paper and Paper-Based Packaging Promotion, Research and Information Order (August 6, 2025)

USDA Announces Changes to Plant Variety Protection Office Certificate Management System (August 1, 2025)

Pre-Solicitation Announcement for Section 32 Purchase of Farmed Raised Catfish and Alaska Pollock (August 1, 2025)

Pre-Solicitation Announcement for Section 32 Purchase of Fresh Apples, Processed Apples, and Cranberries (August 1, 2025)

Pre-Solicitation Announcement for Section 32 Purchase of Dry Beans (August 1, 2025)

Economic Research Service

Linking Resource Flows to Economic Sectors in the United States (August 7, 2025)

Farm Service Agency (FSA)

USDA Announces August 2025 Lending Rates for Agricultural Producers (August 1, 2025)

Food and Nutrition Service

On Faith and Fellowship Tuesday at the Great American Farmers Market, Secretary Rollins Reaffirms USDA’s Commitment to Upholding Religious Liberties (August 5, 2025)

Food Safety and Inspection Service (FSIS)

Homegrown and Handled with Care: Tips for Your Farmers Market Haul (August 4, 2025)

Foreign Agricultural Service (FAS)

Export Sales to Unknown Destinations (August 8, 2025)

Export Sales to Mexico and Guatemala (August 7, 2025)

Export Sales to Unknown Destinations (August 5, 2025)

National Institute of Food and Ag

Cooperative Extension Serving Up Food Safety (August 4, 2025)

Natural Resources Conservation Service (NRCS)

USDA NRCS Welcomes Ag Progress Days Visitors to Learn More About Healthy Soil, Conservation (August 8, 2025)

NRCS Announces FY26 Conservation Program Application Batching Date for EQIP and CSP (August 6, 2025)

Easing The Way into Agriculture (August 1, 2025)

Rural Development

Secretary Rollins Targets Invasive Species, Announces Next Steps to Clear the Chesapeake from Harmful Catfish (August 6, 2025)

FEDERAL EXECUTIVE AGENCIES (Federal Register: August 4–8, 2025):

Department of Agriculture

90 FR 38431 Notice to solicit nominations for membership: “Tribal Advisory Committee; Notice of Solicitation for Nominations” (August 8, 2025)

90 FR 38103 Notice: “Submission for OMB Review; Comment Request [Foreign Agricultural Service: Technical Assistance for Specialty Crops Program]” (August 7, 2025)

Environmental Protection Agency

90 FR 38468 Notice: “Environmental Impact Statements; Notice of Availability” (August 8, 2025)

90 FR 38144 Notice of proposed consent decree; request for public comment: “Proposed Consent Decree, Clean Air Act Citizen Suit” (August 7, 2025)

90 FR 38146 Notice of final order on petition: “Clean Air Act Operating Permit Program; Order on Petition for Objection to State Operating Permit for Young Gas Storage Company, Ltd.’s Young Compressor Station” (August 7, 2025)

90 FR 38146 Notice of public meeting: “Hazardous Waste Electronic Manifest System (“e-Manifest”) Advisory Board; Notice of Public Meeting” (August 7, 2025)

90 FR 38147 Notice; request for nominations: “Request for Nominations to the Children’s Health Protection Advisory Committee (CHPAC)” (August 7, 2025)

90 FR 37854 Notice: “Pesticide Registration Review; Decisions and Case Closures for Several Pesticides; Notice of Availability” (August 6, 2025)

90 FR 37486 Notice: “Cancellation Order for Certain Pesticide Registrations and/or Amendments to Terminate Uses (From May 7, 2024, Notice)” (August 5, 2025)

90 FR 37488 Notice: “Cancellation Order for Certain Pesticide Registrations and/or Amendments to Terminate Uses (From December 18, 2024, Notice)” (August 5, 22025)

90 FR 37491 Notice: “Pesticide Registration Maintenance Fee; Requested and Proposed Cancellations of Certain Pesticide Registrations” (August 5, 2025)

90 FR 37504 Notice: “Pesticides; Notice of Receipt of Requests to Voluntarily Cancel Certain Pesticide Registrations and/or Amend Registrations to Terminate Certain Uses (April 2025)” (August 5, 2025)

90 FR 36433 Notice of receipt and request for comment: “Pesticide Product Registration; Receipt of Applications for New Active Ingredients (March-May 2025)”

90 FR 36435 Notice of receipt and request for comment: “Pesticide Product Registration; Receipt of Applications for New Uses (March-May 2025)” (August 4, 2025)

Food and Drug Administration

90 FR 38473 Notice of availability: “Product-Specific Guidance on Iron Sucrose; Draft Guidance for Industry; Availability” (Augus 8, 2025)

90 FR 38084 Proposed rule: “Requirements for Additional Traceability Records for Certain Foods: Compliance Date Extension” (August 7, 2025)

90 FR 37793 Final amendment; order; correction: “Listing of Color Additives Exempt from Certification; Gardenia (Genipin) Blue; Correction” (August 6, 2025)

90 FR 37817 Proposed rule: “Food Standards of Identity Modernization; Pasteurized Orange Juice” (August 6, 2025)

Food and Nutrition Service

90 FR 38393 Interim final rule; reopening of public comment period: “National School Lunch Program and School Breakfast Program: Elimination of the State Ameliorative Action Reporting Requirement for School Meals Eligibility Verification” (August 8, 2025)

90 FR 38426 Supplemental notice of proposed rulemaking: “Fenoxaprop-Ethyl, Flufenpyr-Ethyl, Imazapyr, Maleic Hydrazide, Pyrazon, Quinclorac, Triflumizole, et al.; Tolerance and Tolerance Exemption Actions” (August 8, 2025)

90 FR 38433 Notice: “Agency Information Collection Activities: WIC and Senior Farmers’ Market Nutrition Programs-Reporting and Recordkeeping Burden” (August 8, 2025)

Rural Housing Service

90 FR 37461 Notice: “Notice of Funding Opportunity for the Section 533 Housing Preservation Grant (HPG) for Fiscal Year 2025” (August 5, 2025)

U.S. HOUSE AGRICULTURE COMMITTEE

H.R.4898 “To support equity for aquaculture and seafood at the Department of Agriculture, and for other purposes.” Referred to the House Committee on Agriculture (August 5, 2025)

H.R.4892 “To amend the Infrastructure Investment and Jobs Act to authorize the Secretary of Agriculture, acting through the Chief of the Forest Service, to enter into contracts, grants, and agreements to carry out certain ecosystem restoration activities, and for other purposes.” Referred to the Committees on Agriculture and Natural Resources (August 5, 2025)

H.R.4879 “To amend the Consolidated Farm and Rural Development Act to expand eligibility for grants related to emergency water assistance, and for other purposes.” Referred to the Committees on Transportation and Infrastructure and Agriculture (August 5, 2025)

H.Res.638 “Designating the week of August 3 through August 9, 2025, as ‘National Farmers Market Week’” Referred to the House Committee on Agriculture (August 5, 2025)

H.R.4865 “Advancing Research on Agricultural Soil Health Act of 2025” Referred to the House Committee on Agriculture (August 1, 2025)

H.R.4853 “Saving the Forest Service’s Workforce Act” Referred to the House Committee on Agriculture (August 1, 2025)

H.R.4852 “Wildfire Emergency Preparedness Act of 2025” Referred to the Committees on Agriculture, Natural Resources, Transportation and Infrastructure, Armed Services, and Education and Workforce (August 1, 2025)

H.R.4832 “To amend the Farm Security and Rural Investment Act of 2002 to improve the biobased markets program, and for other purposes.” Referred to the Committees on Agriculture and Oversight and Government Reform (August 1, 2025)

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

S.2654 “A bill to amend the Farm Security and Rural Investment Act of 2002 to improve the biobased markets program, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry (August 1, 2025)

S.2643 “A bill to amend the Infrastructure Investment and Jobs Act to authorize the Secretary of Agriculture, acting through the Chief of the Forest Service, to enter into contracts, grants, and agreements to carry out certain ecosystem restoration activities, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry (August 1, 2025)

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

None.

 

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