Today: Sept. 30 @ noon, AgWorks: Foundations of the Employer–Employee Relationship (non-attorney focus)

This month: Oct. 14, 3rd Quarter 2025 Quarterly Dairy Legal Webinar: H.R.1 (OBBA) Dairy Provisions

Agricultural Labor: Certain H-2A Applicants Eligible for Interview Waiver October 1, 2025
On September 18, 2025, the U.S. Department of State issued an update (PDF) stating that selected categories of nonimmigrant visa applicants “may be eligible” for a waiver of the visa’s interview requirement, including certain H-2A visa applicants. According to the update, the interview waiver applies to “applicants renewing an H-2A visa within 12 months of the prior visa’s expiration when the prior visa was issued for full validity at the time of issuance and the applicant was at least 18 years old.” Additionally, applicants must (1) “apply in his or her country of nationality or usual residence (except diplomatic and certain official visa applicants),” (2) “have never been refused a visa (unless such refusal was overcome or waived),” and (3) “have no apparent or potential ineligibility,” although “Consular officers may still require in-person interviews on a case-by-case basis for any reason.” The updates states that the interview waiver policy is effective October 1, 2025. See also the Center’s H-2A Issue Tracker.

Environmental Policy: EPA Will Continue ‘Hazardous Substance’ PFAS Designation, Working Group Publishes Federal PFAS Policy Recommendations
On September 18, 2025, the U.S. Environmental Protection Agency (EPA) announced that the agency is maintaining the “hazardous substance designation” (89 FR 39124) for perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). According to the announcement, EPA “will be initiating future rulemaking to establish a uniform framework governing designation of hazardous substances under section 102(a) of CERCLA moving forward.” Previously, on September 16, 2025, the American Farmland Trust PFAS and Agriculture Policy Workgroup published its Federal Policy Recommendations to Address PFAS Contamination on Agricultural Land, which calls for the federal government to, among other actions, “[p]rotect farmers from . . . liability and third-party lawsuits under CERCLA by strengthening . . . EPA’s Enforcement Discretion Policy which states that the Agency does not intend to make farmers with land contaminated by biosolids contribute to cleanup actions,” and “[r]educe additional PFAS contamination of agricultural land by considering the development of a health-based PFAS threshold for all land-applied biosolids by EPA.” See also Brook Duer, Why Aren’t PFAS Compounds in Land Applied Biosolids Regulated By EPA? (July 3, 2025).

Food Policy: FDA Publishes Proposed Rule to Remove Orange B for Frankfurters, Sausages
On September 17, 2025, the U.S. Food and Drug Administration (FDA) published in the Federal Register a proposed rule (90 FR 44786) “to issue an order that would remove the color additive regulation that allows for the use of Orange B for coloring the casings or surfaces of frankfurters and sausages.” FDA states that, “[b]ased on certification data, it appears that Orange B is no longer used for coloring the casings or surfaces of frankfurters and sausages and has not been certified for use as a color additive in food marketed in the United States since 1978.” As such, FDA states that, “[b]ecause the authorized use of Orange B appears to have been abandoned,” the agency has “tentatively concluded that this color additive regulation is outdated and unnecessary.” The rule is available for public comment until October 17, 2025 (FDA-2025-C-3543). See also ALWR—Apr. 29, 2025, “FDA Announces Measures to Eliminate Food Dyes, IDFA Announces Pledge to Remove Dyes from School Lunch Dairy Products.”

National Agricultural Policy: National Agricultural Law Center and National Association of State Departments of Agriculture Sign Memorandum of Understanding
On September 16, 2025, the National Association of State Departments of Agriculture (NASDA) announced that NASDA, the NASDA Foundation, and the National Agricultural Law Center had signed a Memorandum of Understanding (MOU) “to expand collaboration on agricultural law, policy, research and student development initiatives.” According to the announcement, primary provisions of the MOU include (1) increasing student engagement, including establishing “law-focused student fellowships, beginning with the Scott E. Fancher Agricultural Law NALC–NASDA Summer Fellowship,” (2) holding joint events, including “a new annual program in Washington, D.C., with its inaugural event anticipated in spring 2026,” and (3) sharing publicity and outreach. The MOU is effective until terminated by one of the parties. The Center for Agricultural and Shale Law is a partner of the National Agricultural Law Center (NALC) at the University of Arkansas System Division of Agriculture, which serves as the nation’s leading source of agricultural and food law research and information.

 

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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:

Oct. 31, 2025, Understanding Immigration Compliance: I-9s, Audits and ICE Raids

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:

Oct. 14, 2025, 3rd Quarter 2025 Quarterly Dairy Legal Webinar: H.R.1 (OBBA) Dairy Provisions

Jan. 13, 2026, 4th 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.

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.

AgWorks webinars and workshops:

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, Latest Proposed Dicamba Labels Move to Temperature-Based Cutoffs, Nicholas Brown (NC State Univ.) (September 26, 2025)

Univ. of Ill. Farm Policy News, Tariff Revenue to Fund Farmer Bailout, Trump Says, Ryan Hanrahan (September 26, 2025)

Univ. of Ill. Farm Policy News, USDA Puts Researchers on Leave After Canceling Hunger Report, Ryan Hanrahan (September 24, 2025)

Univ. of Ill. Farmdoc Daily, Do Changes in Food and Agriculture Policy Align with Changes in Public Priorities?, Brenna Ellison, Jonathan Coppess, and Maria Kalaitzandonakes (September 24, 2025)

Southern Ag Today, Understanding the H-2A Labor Affordability Issue, Cesar Escalante (Univ. Ga.), Joshua Emmanuel (Univ. Ga.), and Naimul Bhuiyan (Univ. Ga.) (September 22, 2025)

Ohio St. Univ. Ext. Farm Off. Blog, Farming by the Rules: An Employment Law Series, Jeffrey K. Lewis (September 25, 2025)

Tex. A&M Agric. Law Blog, Probate or Problems: Avoid Family Feuds with Estate Planning for Your Land, Tiffany Dowell Lashmet (September 15, 2025)

Nat’l Agric. Law Ctr., Water Users Ask Supreme Court to Consider Whether Bureau of Reclamation Violated the U.S. Constitution, Brigit Rollins (September 23, 2025)

STATE ACTIONS—EXECUTIVE & LEGISLATIVE

PENNSYLVANIA EXECUTIVE AGENCIES (Pa. Bulletin Vol. 55, No. 39—September 27, 2025):  

Department of Agriculture

55 Pa.B. 6867 Notice: “Farm-to-School Grant Program; 2025-2026 Program Guidelines”

55 Pa.B. 6868 Notice: “Holding and Humane Disposition of Stray Unlicensed Dogs Reimbursement Amount”

55 Pa.B. 6869 Notice: “International, Interstate and General Quarantine Order; Avian Influenza; Pennsylvania Live Bird Marketing System Biosecurity Assurance Program”

Department of Environmental Protection

55 Pa.B. 6935 Notice: “Aggregate Advisory Board; Regulation, Legislation and Technical Committee Meeting”

55 Pa.B. 6878 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. 6935 Notice: “Bid Opportunity”

55 Pa.B. 6936 Notice: “Proposed State Implementation Plan Revision; Certification of Reasonably Available Control Technology for Control Techniques Guidelines under the 2008 and 2015 8-hour Ozone National Ambient Air Quality Standards; Public Hearings”

PENNSYLVANIA LEGISLATURE

HR 323 “A Resolution recognizing the month of October 2025 as ‘National Animal Safety and Protection Month’ in Pennsylvania.” Referred to Agriculture & Rural Affairs [House] (September 25, 2025)

FEDERAL ACTIONS—EXECUTIVE & LEGISLATIVE

U.S. ENVIRONMENTAL PROTECTION AGENCY PRESS RELEASES

EPA Region 7 Presents $2.5M to City of Topeka and Kansas Department of Health and Environment in Brownfields Grants (September 25, 2025)

EPA Administrator Zeldin Visits Delaware, Washington, Arizona and Idaho, Advancing Agricultural Innovation, Environmental Protection and American Energy Dominance (September 23, 2025)

EPA Seeks Information to Safeguard a Critical Aviation Fire Suppression Agent from Needless Destruction (September 23, 2025)

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

In Kansas City, Secretary Rollins Speaks on State of Farm Economy, Announces Suite of Actions to Support American Farmers (September 25, 2025)

Dr. Benjamin S. Carson, Sr., M.D., Sworn in as National Nutrition Advisor at U.S. Department of Agriculture (September 24, 2025)

Secretary Rollins Strengthens SNAP Retailer Stocking Requirements to Make America Healthy Again (September 24, 2025)

USDA Invests in 58 Community Projects to Reduce Wildfire Risk (September 23, 2025)

USDA AGENCY PRESS RELEASES

Agricultural Marketing Service

USDA Announces $10.2 Million in Supplemental Grant Funding (September 25, 2025)

USDA Announces $72.9 Million in Grant Funding Awarded through Specialty Crop Block Grant Program (September 23, 2025)

USDA Restricts PACA Violators in California, Florida, Michigan, New York and Texas from Operating in the Produce Industry (September 23, 2025)

USDA Restricts PACA Violators in California, Florida, Michigan and Virginia from Operating in the Produce Industry (September 23, 2025)

USDA Restricts PACA Violators in Alabama, Florida and Texas from Operating in the Produce Industry (September 23, 2025)

USDA Sets Dates for Mango Research and Promotion Program Continuance Referendum (September 22, 2025)

Animal and Plant Health Inspection Service

Mexico Confirms Case of New World Screwworm in Nuevo Leon (September 21, 2025)

Economic Research Service

Farm Labor Expenses: Evidence from the 1997–2022 Census of Agriculture Data (September 26, 2025)

U.S. Horticultural Imports From Mexico: 14 Years of Expansion From 2007–09 to 2021–23 (September 25, 2025)

Farm Service Agency

Trump Administration Appoints Dan Hunter to Serve as State Executive Director for USDA’s Farm Service Agency in Texas (September 26, 2025)

Trump Administration Appoints Ronnie Russell to Serve as State Executive Director for USDA’s Farm Service Agency in Missouri (September 26, 2025)

USDA Announces Fiscal Year 2026 Sugar Loan Rates and No Actions Under Feedstock Flexibility Program (September 26, 2025)

USDA Issues Second Economic Assistance Payment to Agricultural Producers (September 26, 2025)

Trump Administration Appoints Ty Davis to Serve as State Executive Director for USDA’s Farm Service Agency in Arkansas (September 25, 2025)

Trump Administration Appoints Kevin Andrus to Serve as State Executive Director for USDA’s Farm Service Agency in Idaho (September 25, 2025)

Food and Nutrition Service

Secretary Rollins Strengthens SNAP Retailer Stocking Requirements to Make America Healthy Again (September 24, 2025)

USDA Terminates Redundant Food Insecurity Survey (September 20, 2025)

Food Safety and Inspection Service

Constituent Update—September 26, 2025 (September 26, 2025)

Foreign Agricultural Service

USDA Foreign Agricultural Service Announces a Trade Mission to Jakarta, Indonesia, to Advance America First Trade Policy (September 26, 2025)

USDA Purchases 417,000 Metric Tons of U.S. Grown Commodities for America First International Food Assistance Programs (September 26, 2025)

USDA Trade Mission Expands on Agricultural Exports to Taiwan (September 24, 2025)

Export Sales to Guatemala and Mexico (September 24, 2025)

USDA Invests $8.3 Million to Address Trade Barriers and Expand Market Access for Specialty Crops (September 23, 2025)

U.S. Department of Agriculture Reveals Three-Point Plan to Support U.S. Agricultural Farmers, Ranchers, Producers, and Exporters (September 23, 2025)

Export Sales to Mexico (September 23, 2025)

Export Sales to Mexico (September 22, 2025)

National Agricultural Statistics Service

United States hog inventory down 1% (September 25, 2025)

September Quarterly Hogs and Pigs (September 25, 2025)

USDA To Measure Milk Production (September 24, 2025)

National Institute of Food and Agriculture

Celebrating National 4-H Week: Empowering Tomorrow’s Leadership (September 26, 2025)

USDA To Hold Listening Sessions on Rural and Federal Veterinary Workforces (September 23, 2025)

Natural Resources Conservation Service

From Livestock to Agrotourism: A Reinvented Heritage (September 26, 2025)

NRCS Pennsylvania Announces Deadline for Conservation Easement Programs (September 25, 2025)

NRCS Sets Conservation Program Funding Application Date (September 25, 2025)

Application Batching Deadline for Conservation Program Funding (September 24, 2025)

FEDERAL EXECUTIVE AGENCIES (Federal Register: September 22–26, 2025):

Agricultural Marketing Service

90 FR 46092 Proposed rule: “Spearmint Oil Produced in the Far West; Salable Quantities and Allotment Percentages for the 2025-2026 Marketing Year” (September 25, 2025)

90 FR 4531 Direct final rule: “Imported Walnuts; Suspension of Handling Regulations” (September 22, 2025)

90 FR 45313 Final rule: “Irish Potatoes Grown in Certain Designated Counties in Idaho, and Malheur County, Oregon; Increased Assessment Rate” (September 22, 2025)

90 FR 45368 Notice: “Mango Promotion, Research, and Information Order; Continuance Referendum” (September 22, 2025)

Animal and Plant Health Inspection Service

90 FR 46381 Extension of approval of an information collection; comment request: “Notice of Request for Extension of Approval of an Information Collection; Standardizing Phytosanitary Treatment Regulations: Approval of Cold Treatment and Irradiation Facilities; Cold Treatment Schedules; and Establishment of Fumigation and Cold Treatment Compliance Agreements” (September 26, 2025)

90 FR 46380 Request for approval of a new information collection; comment request: “Request for Approval of a New Information Collection; Animal and Animal Product Movement and Import Permits” (September 26, 2025)

Department of Agriculture

90 FR 45368 Notice: “Tribal Advisory Committee; Notice of Solicitation for Nominations” (September 22, 2025)

90 FR 45476 Semiannual Regulatory Agenda: “Semiannual Regulatory Agenda, Spring 2025” (September 22, 2025)

Environmental Protection Agency

90 FR 45367 Proposed rule: “Reconsideration of the Greenhouse Gas Reporting Program” (September 22, 2025)

90 FR 46195 Notice: “Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; NSPS for Incinerators (Renewal)” (September 25, 2025)

90 FR 46196 Notice: “Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Risk Management Program Requirements and Petitions To Modify the List of Regulated Substances Under Section 112(r) of the Clean Air Act (Renewal)” (September 25, 2025)

90 FR 46197 Notice: “Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; NSPS for Stationary Gas Turbines (Renewal)” (September 25, 2025)

90 FR 45690 Proposed rule: “Procedures for Chemical Risk Evaluation Under the Toxic Substances Control Act (TSCA)” (September 23, 2025)

90 FR 45367 Proposed rule: “Reconsideration of the Greenhouse Gas Reporting Program”(September 22, 2025)

90 FR 45335 Direct final rule: “Environmental Protection Agency Acquisition Regulation (EPAAR); Special Contracting Methods; Options; Contracts” (September 22, 2025)

90 FR 45562 Semiannual Regulatory Agenda: “Spring 2025 Unified Agenda of Regulatory and Deregulatory Actions” (September 22, 2025)

Farm Credit Administration

90 FR 46408 Notice: “Sunshine Act Meetings” (September 26, 2025)

Farm Service Agency

90 FR 46319 Final rule; notice of approval of Information Collection Request: “Emergency Livestock Relief Program (ELRP) 2023 and 2024 Flood and Wildfire (FW); Approval of Information Collection Request” (September 26, 2025)

Federal Crop Insurance Corporation

90 FR 45718 Revision of an approved information collection; comment request: “Notice of Request for Revision of an Approved Information Collection” (September 23, 2025)

Food and Drug Administration

90 FR 46348 Direct final rule; confirmation of effective date: “Revocation of Food Standards for 11 Products Not Currently Sold; Confirmation of Effective Date” (September 26, 2025)

90 FR 46222 Notice: “Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Registration of Food Facilities” (September 25, 2025)

90 FR 46045 Final rule: “Prior Notice: Adding Requirement To Submit Mail Tracking Number for Articles of Food Arriving by International Mail and Timeframe for Post-Refusal and Post-Hold Submissions” (September 25, 2025)

90 FR 46217 Notice: “Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Substances Prohibited From Use in Animal Food or Feed” (September 25, 2025)

90 FR 46228 Notice: “Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Sanitary Transportation of Human and Animal Food” (September 25, 2025)

90 FR 46213 Notice: “Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Production, Storage, and Transportation of Shell Eggs (Preventing Salmonella Enteritidis)” (September 25, 2025)

90 FR 46225 Notice: “Agency Information Collection Activities; Announcement of Office of Management and Budget Approvals” (September 25, 2025)

90 FR 46215 Notice: “Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Reporting Harmful and Potentially Harmful Constituents in Tobacco Products and Tobacco Smoke Under the Federal Food, Drug, and Cosmetic Act” (September 25, 2025)

90 FR 45945 Notice of availability: “Computer Software Assurance for Production and Quality System Software; Guidance for Industry and Food and Drug Administration Staff; Availability” (September 24, 2025)

Foreign Agricultural Service

90 FR 45932 Notification of invocation of special agricultural safeguard duty on imports of blended syrups: “Special Agricultural Safeguard Measures Pursuant to the Uruguay Round Agreements Act” (September 24, 2025)

Food and Nutrition Service

90 FR 46081 Notice of proposed rulemaking: “Updated Staple Food Stocking Standards for Retailers in the Supplemental Nutrition Assistance Program” (September 25, 2025)

Rural Utilities Service

90 FR 45907 Final rule; confirmation: “Accounting Requirements for RUS Electric Borrowers” (September 24, 2025)

U.S. HOUSE AGRICULTURE COMMITTEE

H.R.5614 “To direct the Secretary of Agriculture to carry out an awareness campaign with respect to spotted lanternflies.” Referred to the House Committee on Agriculture (September 26, 2025)

H.R.5610 “To amend the Agriculture Improvement Act of 2018 to extend the program providing for improvements to the United States Drought Monitor.” Referred to the House Committee on Agriculture (September 26, 2025)

H.R.5598 “Revitalizing Rural Communities Act of 2025” Referred to the House Committee on Agriculture (September 26, 2025)

H.R.5597 “To establish the Bioenergy with Carbon Capture and Storage Advancement Commission in the Department of Agriculture, and for other purposes.” Referred to the Committees on Energy and Commerce; Science, Space, and Technology; Agriculture; and Natural Resources (September 26, 2025)

H.R.5564 “To amend the Federal Insecticide, Fungicide, and Rodenticide Act to provide for improved coordination between the Administrator of the Environmental Protection Agency and the Secretary of Agriculture, and for other purposes.” Referred to the House Committee on Agriculture (September 26, 2025)

H.R.5562 “To amend the Food, Agriculture, Conservation, and Trade Act of 1990 to provide research and extension grants to support the study of insects and pests that impact tropical plants, and for other purposes.” Referred to the House Committee on Agriculture (September 23, 2025)

H.R.5551 “To amend the Agricultural Act of 2014 to require a one-time update of base acres for covered commodities to ensure base acres reflect recent planting history, and for other purposes.” Referred to the House Committee on Agriculture (September 23, 2025)

H.R.5541 “To amend the John D. Dingell, Jr. Conservation, Management, and Recreation Act to permanently authorize the Every Kid Outdoors program, and for other purposes.” Referred to the Committees on Natural Resources, Agriculture, and Transportation and Infrastructure (September 23, 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  

None.

 

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