Webinars this month:

Technology: EPA Publishes Clean Air Act ‘Right to Repair’ Guidance Document 🌾
On January 30, 2026, the U.S. Environmental Protection Agency (EPA) announced its publication of a guidance document explaining that, under the Clean Air Act (CAA), “temporary overrides of emission control systems are allowed when [performed] for the ‘purpose of repair’ to that equipment to obtain proper functionality.” EPA stated that its CAA interpretation “applies to all nonroad diesel engines equipped with advanced emission control technologies including selective catalytic reduction and inducement systems as well as Diesel Exhaust Fluid system repairs.” EPA further stated, “Importantly, farmers and equipment owners are not required to rely on authorized dealers exclusively to fix equipment.” According to the announcement, EPA’s guidance “is a direct response to” a June 2025 letter from John Deere. See also ALWR—Aug. 12, 2025, “Deere Announces New Subscription Repair Tool to Replace its Service ADVISOR Tool.”

Food Labeling: Federal Court Holds Texas Meat Labeling Law Violates First Amendment
On January 28, 2026, the U.S. District Court for the Western District of Texas issued an order holding that Texas SB 664—which prohibits using meat terms on plant- or cell-based products unless the label also contains specific non-meat terms—violates the First Amendment. Plant Based Food Assoc. and Turtle Island Foods Inc. v. Jennifer Shuford, No. 1:23-cv-01032. The court explained that the plaintiffs’ speech was “neither misleading nor related to unlawful activity,” and thus was protected under the First Amendment. Additionally, the court determined that the law’s “speech restriction fails to pass constitutional muster” because the state failed to show a “substantial government interest” in the law’s labeling requirements, finding that the state did not adequately prove that consumers would be confused by “current plant-based meat labels.” The court then granted summary judgment in favor of the plant-based meat plaintiffs enjoined the state from enforcing the law. See also ALWR—Sept. 18, 2023, “Tofurky Seeks Injunction Against Texas Meat Labeling Law.”

Animal Welfare: USDA Delays Horse Protection Act Final Rule Until December 31, 2026
On January 28, 2026, the U.S. Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) published in the Federal Register a final rule (91 FR 3633) delaying, for the third time, the effective date of the Horse Protection Amendments until December 31, 2026, previously scheduled to take effect February 1, 2026. Also announced by APHIS, the agency cites several recent events justifying the delay, including (1) a January 2025 decision by the U.S. District Court for the Northern District of Texas that “vacated several key provisions of the 2024 rule, including the prohibition of pads and action devices and the proposed replacement for the ‘scar rule’” (Tenn. Walking Horse Nat’l Celebration Assoc. v. U.S. Dep’t Agric., No. 2:24-cv-00143) (2) an August 2025 preliminary injunction in separate ongoing litigation (Gould v. United States Department of Agriculture, N.D. Tex. No. 2:25-cv-00147), and (3) a November 2025 House Committee Report accompanying the Fiscal Year 2026 appropriations package that directed APHIS to withdraw the 2024 final rule. APHIS states that it “remains committed to ending soring and enforcing the Horse Protection Act” and that it “will use this period to evaluate potential new rulemakings or revisions that align with court rulings and Congressional intent.” See also ALWR—May 24, 2024, “USDA Publishes Horse Protection Act Soring and Inspecting Final Rule.”

National Agricultural Policy: National Association of State Agriculture Departments announce 2026 Policy Focus Issues
On February 3, 2026, the National Association of State Departments of Agriculture (NASA) announced that its Board of Directors had chosen five primary focus issues for 2026, along with one-pagers for each issue: (1) agricultural labor reform, (2) animal disease preparedness and traceability, (3) the farm bill, (4) pesticide regulations, and (5) regional food procurement and distribution. See also ALWR—Jan. 29, 2024, “National Association of State Agriculture Departments Announce 2024 Policy Focus Issues.”

 

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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:

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:

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:

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., Procedures: Exhaustion, Will Scobey (Feb. 5, 2026)

Ohio St. Univ. Ext. Farm Off. Blog, Supreme Court to weigh in on major preemption question regarding labeling of glyphosate, Ellen Essman (Feb. 5, 2026)

Nat’l Agric. Law Ctr., Preliminary Injunction Halts Enforcement of West Virginia’s Food Dye Ban, Emily Stone (Feb. 3, 2026)

Agric. Law & Tax’n Blog, Agriculture, Conservation and “Crony Capitalism”?, Roger McEowen (Feb. 3, 2026)

Ohio St. Univ. Ext. Farm Off. Blog, Ohio Farm Transition Network Established, Robert Moore (Feb. 3, 2026)

Univ. of Ill. Farm Policy News, EPA Affirms Farmers’ Right to Repair Equipment, Ryan Hanrahan (Feb. 3, 2026)

Univ. of Ill. FarmDoc Daily, SCO and ECO Choices in 2026, Gary Schnitkey, Nick Paulson, Henrique Monaco, Bruce Sherrick, and Carl Zulauf (Feb. 3, 2026)

STATE ACTIONS—EXECUTIVE & LEGISLATIVE

PENNSYLVANIA DEPARTMENT OF AGRICULTURE PRESS RELEASES

Shapiro Administration’s Targeted Investments in Prevention, Response, Recovery Are Making a Difference for Pennsylvania’s $7.1 Billion Poultry Industry as Avian Flu Threat Persists (Feb. 5, 2026)

PENNSYLVANIA EXECUTIVE AGENCIES (Pa. Bulletin Vol. 56, No. 6—Feb. 7, 2026):                      

Department of Agriculture

56 Pa.B. 800 Notice: “International and Interstate Quarantine Order; Temporary Prohibition of Importation of Spent Fowl Due To Highly Pathogenic Avian Influenza”

56 Pa.B. 802 Notice: “Pennsylvania Agriculture Veteran Grant Program”

Department of Conservation

56 Pa.B. 806 Notice: “ATV and Snowmobile Projects and Programs Grants Available”

Department of Environmental Protection

56 Pa.B. 863 Notice: “Availability of Technical Guidance”

Environmental Hearing Board

56 Pa.B. 865 Notice: “Cambria Somerset Authority v. Department of Environmental Protection; EHB Doc. No. 2025-070-L”

Environmental Quality Board

56 Pa.B. 865 Notice: “Meeting Cancellation”

PENNSYLVANIA LEGISLATURE

SB 712 “An Act amending Title 58 (Oil and Gas) of the Pennsylvania Consolidated Statutes, in development, further providing for definitions and for plugging requirements.” Referred to Environmental & Natural Resource Protection [House] (Feb. 5, 2026)

HB 1759 “An Act providing for disposal of waste tires, trash and debris, for rules and regulations and for penalties.” Laid on the table [House] (Feb. 4, 2026)

HB 1923 “An Act providing for regulation of the meat packing and food processing industry by creating facility health and safety committees in the workplace; establishing the industry workers’ rights coordinator within the Department of Labor and Industry; and imposing penalties.” Remarks see House Journal Page [House] (Feb. 4, 2026)

SB 203 “An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, in registration of vehicles, further providing for vehicles exempt from registration.” Re-referred to Appropriations [Senate] (Feb. 3, 2026)

FEDERAL ACTIONS—EXECUTIVE & LEGISLATIVE

U.S. ENVIRONMENTAL PROTECTION AGENCY PRESS RELEASES

Trump EPA Highlights Major Year One PFAS Actions to Combat Risks and Make America Healthy Again (Feb. 6, 2026)

EPA Strengthens Grid Reliability & Energy Security with Extended Compliance Deadline for Several Coal Combustion Residual Management Unit Requirements (Feb. 6, 2026)

EPA Actions Help Safeguard Water Systems from Cyberattacks (Feb. 6, 2026)

EPA Selects 25 Organizations to Receive $12 Million in Brownfields Job Training Grants to Boost Local Economies and Clean Up Communities (Feb. 6, 2026)

EPA Implements Strongest Protections in Agency History for Over-the-Top Dicamba Use on Cotton and Soybeans for Next Two Growing Seasons (Feb. 6, 2026)

Administrator Zeldin Takes Additional Measures to Address Diesel Exhaust Fluid (DEF) Issues for American Farmers and Truckers (Feb. 3, 2026)

EPA Advances Farmers’ Right to Repair Their Own Equipment, Saving Repair Costs and Productivity (Feb. 2, 2026)

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

Statement by Secretary of State Marco Rubio and Secretary of Agriculture Brooke Rollins (Feb. 3, 2026)

USDA AGENCY PRESS RELEASES

Agricultural Marketing Service

USDA Proposes Rule to Modify Handling Requirements for California and Imported Kiwifruit (Feb. 6, 2026)

USDA Seeks Nominees for the Colorado Potato Administrative Committee – Area 2 (San Luis Valley) (Feb. 2, 2026)

USDA Seeks Nominees for the Idaho-Eastern Oregon Onion Committee (Feb. 2, 2026)

USDA Announces Appointments to the United Soybean Board (Feb. 2, 2026)

USDA Announces Appointments to the Mushroom Council (Feb. 2, 2026)

Animal and Plant Health Inspection Service

FDA Issues Emergency Use Authorization for Over-the-Counter Injectable Drug to Prevent New World Screwworm in Cattle (Feb. 5, 2026)

Farm Service Agency

USDA Designates Cumberland County, Pa as Natural Disaster Area – 5 Contiguous Pennsylvania Counties Also Eligible for Assistance (Feb. 2, 2026)

Food Safety and Inspection Service

Constituent Update (Feb. 6, 2026)

Salmonella Verification Testing: December 29, 2024 through December 27, 2025 (Feb. 6, 2026)

FSIS Updates for Small Plants (Feb. 4, 2026)

New Employee Benefit’s Orientation Sessions (Feb. 2, 2026)

Foreign Agricultural Service

Canada: Biofuels Annual (Feb. 5, 2026)

New Zealand: New Zealand Kiwifruit Sector (Feb. 5, 2026)

Hong Kong: The Hong Kong Wonton Vol 6 Issue 1 (Feb. 5, 2026)

European Union: EU Organic Market Rebounds as Inflation Slows (Feb. 5, 2026)

Export Sales to Unknown Destinations (Feb. 4, 2026)

Trump Administration Expands Export Financing Opportunities to Support American Farmers (Feb. 3, 2026)

USDA to Purchase 211,000 Metric Tons of American Commodities, Administer Food for Peace Program as America First International Food Assistance (Feb. 3, 2026)

USDA Launches Indonesia Trade Mission to Increase Exports, Reduce Costs, and Support American Farmers (Feb. 2, 2026)

National Institute of Food and Agriculture

NIFA Invests $3.9M in Conventional Plant Breeding Research (Feb. 4, 2026)

Automation for Specialty Crops (Fen. 2, 2026)

Natural Resources Conservation Service

NRCS Highlights Benefits of New Regenerative Pilot Program (Feb. 3, 2026)

Risk Management Agency

Crop Insurance Deadline Nears for Spring Planted Crops, Whole-Farm Revenue Protection and Micro Farm (Feb. 5, 2026)

FEDERAL EXECUTIVE AGENCIES (Federal Register: Feb. 2—Feb. 6, 2026):

Agricultural Marketing Service

91 FR 5365 Proposed rule: “Kiwifruit Grown in California and Imported Kiwifruit; Modification of Handling Regulations” (Feb. 6, 2026)

Environmental Protection Agency

91 FR 4466 Notice of filing of petitions and request for comment: “Receipt of Pesticide Petitions Filed for Residues of Pesticide Chemicals In or On Various Commodities-December 2025” (Feb. 2, 2026)

91 FR 4559 Notice of receipt and request for comment: “Pesticide Product Registration; Receipt of Applications for New Uses (December 2025)” (Feb. 2, 2026)

91 FR 4558 Notice of receipt and request for comment: “Pesticide Product Registration; Receipt of Applications for New Active Ingredients (December 2025)” (Feb. 2, 2026)

Farm Credit System Insurance Corporation

91 FR 5475 Notice: “Board of Directors Meeting” (Feb. 6, 2026)

Food and Drug Administration

91 FR 5291 Final amendment; order: “Listing of Color Additives Exempt From Certification; Spirulina Extract” (Feb. 6, 2026)

91 FR 5299 Final rule; technical amendments: “New Animal Drugs; Approval of New Animal Drug Applications; Withdrawal of Approval of New Animal Drug Application; Change of Sponsor; Change of Sponsor Address” (Feb. 6, 2026)

91 FR 5295 Final amendment; order: “Listing of Color Additives Exempt From Certification; Beetroot Red” (Feb. 6, 2026)

91 FR 5105 Notice: “Summer Food Service Program; 2026 Reimbursement Rates” (Feb. 4, 2026)

Food Safety and Inspection Service

91 FR 5421 Notice: “2026 Rate Changes for the Basetime, Overtime, Holiday, Laboratory Services, and Export Application Fees” (Feb. 6, 2026)

Forest Service

91 FR 5424 Notice; request for comment: “Information Collection: Federal Excess Personal Property and Firefighter Property Program Administration” (Feb. 6, 2026)

91 FR 5387 Proposed rule; request for public comment: “Project-Level Predecisional Administrative Review Process” (Feb. 6, 2026)

Internal Revenue Service

91 FR 5160 Notice of proposed rulemaking and public hearing: “Section 45Z Clean Fuel Production Credit” (Feb. 4, 2026)

Rural Housing Service

91 FR 4494 Notice: “Notice of Funding Opportunities for the Strategic Economic and Community Development Program for FY 2026” (Feb. 2, 2026)

U.S. HOUSE AGRICULTURE COMMITTEE

H.R.7406 “To amend the Organic Foods Production Act of 1990 to provide producers with the option to confirm the absence of prohibited substances through testing, and for other purposes.” Referred to the House Committee on Agriculture (Feb. 5, 2026)

H.R.7383 “To amend the Food and Nutrition Act of 2008 to restore the exemption of veterans from a work requirement applicable for participation in the supplemental nutrition assistance program.” Referred to the House Committee on Agriculture (Feb. 4, 2026)

H.R.1665 “DIGITAL Applications Act” Placed on the Union Calendar, Calendar No. 416 (Feb. 4, 2026)

H.R.1588 “Facilitating DIGITAL Applications Act” Reported by the Committee on Energy and Commerce. H. Rept. 119-486, Part I (Feb. 4, 2026)

H.R.7330 “To amend the Food Security Act of 1985 to reestablish the Driftless Area Landscape Conservation Initiative, and for other purposes.” Referred to the House Committee on Agriculture (Feb. 3, 2026)

H.R.7329 “FREEDOM Act” Referred to the Committee on Natural Resources, and in addition to the Committees on Agriculture, Energy and Commerce, Transportation and Infrastructure, Science, Space, and Technology, and the Judiciary, 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 (Feb. 3, 2026)

H.R.3553 “BRUSH Fires Act” Referred to the Subcommittee on Federal Lands (Feb. 3, 2026)

H.R.34 “LASSO Act” Referred to the Subcommittee on Federal Lands (Feb. 3, 2026)

H.R.7318 “To amend the Farm Security and Rural Investment Act of 2002 to expand the national organic certification cost-share program into a comprehensive organic program, and for other purposes.” Referred to the House Committee on Agriculture (Feb. 2, 2026)

H.R.7316 “To amend the Food and Nutrition Act of 2008 to require the promulgation of cybersecurity regulations and implementation of EMV technology relating to the use of EBT cards under the supplemental nutrition assistance program, and for other purposes.” Referred to the House Committee on Agriculture (Feb. 2, 2026)

H.R.7315 “Advancing Policy Priorities Act” Referred to the Committee on Ways and Means, and in addition to the Committees on Veterans’ Affairs, Armed Services, Energy and Commerce, Transportation and Infrastructure, Financial Services, Education and Workforce, Oversight and Government Reform, Foreign Affairs, Agriculture, Natural Resources, Small Business, Science, Space, and Technology, the Judiciary, Homeland Security, Intelligence (Permanent Select), House Administration, 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 (Feb. 2, 2026)

H.R.7314 “Advancing Commonsense Policies Act” Referred to the Committee on Ways and Means, and in addition to the Committees on Veterans’ Affairs, Armed Services, Energy and Commerce, Transportation and Infrastructure, Financial Services, Education and Workforce, Oversight and Government Reform, Foreign Affairs, Agriculture, Natural Resources, Small Business, Science, Space, and Technology, the Judiciary, Homeland Security, Intelligence (Permanent Select), House Administration, 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 (Feb. 2, 2026)

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

S.3755 “Digital Commodity Intermediaries Act” Placed on Senate Legislative Calendar under General Orders. Calendar No. 312 (Feb. 2, 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