COVID-19: Supreme Court Grants Stay of OSHA Workplace Vaccination Rule
On January 13, 2022, the U.S. Supreme Court granted applications for a stay of the U.S. Department of Labor (DOL) Occupational Safety and Health Administration’s (OSHA) November 5, 2021 COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS) (86 FR 61402). National Federation of Independent Business, et al., v. OSHA et al., Nos. 21A244 and 21A247. The stay will be in effect until the cases are finally concluded in the federal courts. The cases were also remanded back to the Sixth Circuit Court of Appeals for disposition on their merits.  The ETS expires by law on May 6, 2022 and the litigation (requiring disposition by the Sixth Circuit and a likely return to the U.S. Supreme Court) is highly unlikely to be concluded by the ETS’ sunset date.  On January 13, 2022, DOL Secretary Walsh issued a statement which said, among other things, that “OSHA will do everything in its existing authority to hold businesses accountable for protecting workers, including under the Covid-19 National Emphasis Program and General Duty Clause.” That DOL webpage also reiterates that “[t]he ETS also acts as a proposal for a permanent standard” and that the regulation promulgation process for a permanent standard “to protect workers from the grave danger of COVID-19” will continue on Docket number OSHA-2021-0007 as commenced, with the comment period closing on January 19, 2022. For more, see ALWR—Nov. 5, 2021, “OSHA Vaccination Mandate Issued and Immediately Stayed by Federal Court.”

Biofuels: Supreme Court Denies Review of E15 Year-Round Sale Vacatur
On January 10, 2022, the U.S. Supreme Court denied review of a July 2021 D.C. Circuit Court of Appeals decision holding that the U.S. Environmental Protection Agency (EPA) lacked authority to grant a so-called “high volatility fuel waiver” which allowed year-round sales of gasoline containing as high as 15% ethanol (E15). Growth Energy, Petitioner v. American Fuel & Petrochemical Manufacturers, et al., No. 21-519.  As a result, the D.C. Circuit Court’s decision stands and nothing greater than a 10% ethanol blend (E10) can be permitted to be sold annually from May 1 through September 15. Up to E15 blends may be sold during the remainder of the calendar year. For background, see ALWR—Oct. 8, 2021, “Biofuel Advocacy Group Files Supreme Court Petition for Review of E15 Vacatur.”

Pesticides/Herbicides: Litigants Seek Lifting of Stay in 2020 Dicamba Registration Litigation
On January 6, 2022, in response to the U.S. Environmental Protection Agency’s (EPA) recently released 2021 dicamba report, the Center for Biological Diversity filed a motion in the U.S. District Court for the District of Arizona seeking to lift the stay of proceedings initiated in December 2020 to overturn the three October 2020 EPA pesticide registrations for dicamba-containing products. Center for Biological Diversity et al v. U.S. EPA et al, No. 4:20-cv-00555.  According to the motion, EPA’s 2021 dicamba report signifies a “drastic change in circumstances” justifying a removal of the stay because the report acknowledges that the dicamba products at issue “have continued to cause agricultural and environmental destruction, including potential harm to endangered species,” a reversal of EPA’s previous position when the court originally granted the stay.  Additionally, the motion seeks to expedite the litigation to avoid further “agricultural and environmental harm.”  While this case has been filed in a U.S. District Court under a theory that is the correct venue for challenging the registrations, multiple other consolidated cases seeking to overturn the same registrations remain pending in the D.C. Circuit Court of Appeals. American Soybean Association, et al., v. Regan, et al., No. 20-1441. In those consolidated cases, EPA has filed a still-pending motion to dismiss claiming that the proper venue is a U.S. District Court.  For background, see ALWR—Dec. 24 & 31, 2021, “EPA Publishes 2021 Dicamba Report and Addresses 2020 Growing Season.”

Animal Health: High Path Avian Influenza Detected at Canadian Exhibition Farm
On January 9, 2022, the Canadian Food Inspection Agency (CFIA) confirmed the presence of high pathogenic Avian Influenza (AI), subtype H5N1, at a farm in the Avalon Peninsula on the island portion of the province of Newfoundland and Labrador. Previously, on December 20, 2021, the CFIA confirmed the presence of high pathogenic AI, subtype H5N1, at another farm in the same peninsula.  Both premises are exhibition farms that do not produce birds for sale, so the detections are considered “non-poultry detection” according to the World Organization for Animal Health (OIE) protocols. The CFIA has placed both farms under quarantine and established a 10 km zone with movement control measures.  These detections should have no impact on trade. Avian influenza circulates among wild waterfowl, which can spread the disease to farmed poultry.  Recent detections of high pathogenic AI in Europe indicate an even higher risk of the disease in North American poultry flocks this year.

Animal Health: High Path Avian Influenza Detected in Wild Bird in South Carolina
On January 14, 2022, the United States Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) confirmed highly pathogenic avian influenza (HPAI) of the H5N1 subtype in a wild American wigeon in Colleton County, South Carolina. USDA APHIS stated the following facts in the official announcement. HPAI H5 viruses have not been detected in a wild bird in the United States since 2016.  A case of HPAI (H7N3) was detected in one commercial meat turkey flock in South Carolina in 2020.  APHIS’ Wildlife Services collected the sample from the hunter-harvested American wigeon. The Centers for Disease Control and Prevention (CDC) considers the risk to the general public from HPAI H5 viruses to be low. No human infections with HPAI H5 viruses have occurred in the United States. On January 18, 2022, USDA APHIS confirmed two additional cases of HPAI H5N1 in wild birds, one also in Colleton County, SC and one in Hyde County, NC.  See Weekly Featured Graphics below for more information.

International Trade: India Allows U.S. Pork Imports
On January 10, 2022, U.S. Agriculture Secretary Tom Vilsack and Trade Representative Katherine Tai announced that the Indian government has approved for import into India U.S. pork and pork products previously disallowed.

Water Quality: Pennsylvania Announces Amended Watershed Implementation Plan to Meet 2025 Chesapeake Bay Pollution Reduction Goals
On January 5, 2022, the Pennsylvania Department of Environmental Protection (DEP) announced that pursuant to amendments to its Phase 3 Watershed Implementation Plan (WIP) submitted to the U.S. Environmental Protection Agency on December 31, 2021, and so long as adequate program funding is maintained for its WIP, Pennsylvania will be able to meet its 2025 nutrient and sediment pollution reduction goals, which in material part require the state to reduce nitrogen by 32.5 million pounds and phosphorus by 0.85 million pounds.  As of 2020, Pennsylvania has reduced nitrogen by 6.77 million pounds and phosphorus by 0.3 million pounds.  According to DEP, the WIP as amended will: (a) reduce nitrogen by 7.8 million pounds through multi-year and structural best management practices (BMPs) between 10-15 years of age which continue to function despite EPA modeling not attributing credit for their continuing reductions due to age; and (b) achieve a reduction of 16.8 million pounds of nitrogen through the coming implementation of a full complement of 34 Countywide Action Plans (CAP) across the watershed.  Additionally, Pennsylvania will reduce nitrogen by 6.1 million pounds through forestry practices, wastewater treatment, stormwater management, and agricultural nutrient management. $324.2 million annually remains the funding need.

Local Food: New Jersey Law Prohibits ‘Local’ Labeling Unless Fruit or Vegetable is Produced In-State
On January 10, 2022, the New Jersey legislature passed three agriculture-related bills: A4232 (39-0), S3465 (39-0) and most notably S4128 (31-1).  All three were signed by New Jersey Governor Phil Murphy on January 18, 2021.  Effective March 19, 2022, under penalty of a $100 fine for a first offense and $200 for any subsequent offenses, S4128 places significant restrictions on retail labeling of fruits and vegetable as follows: “[a]food retailer shall not label, or advertise or in any way imply with labeling or signage in the store or other establishment where the fruit or vegetable is sold, that a fruit or vegetable is “locally grown,” “locally harvested,” “locally-sourced,” or local to the State unless the fruit or vegetable was grown, harvested, and packaged within the State.”  S3465 appropriates $125,000 to the state Department of Agriculture to pay enrolled dairy producers’ premiums under the federal Dairy Margin Coverage Program. A4232 creates a grant program that would provide up to $200 per acre, totaling no more than $20,000, to assist farmland owners to construct deer fencing on their property.

Agricultural Labor: All California Agricultural Workers Now Entitled to Overtime
On January 1, 2022, several provisions of California’s AB 1066 became effective, granting overtime pay entitlements to agricultural workers. Under 860(d)(1), agricultural employers with twenty-six or more employees must pay one and a half times an employee’s regular salary for hours worked in excess of eight hours per day or forty hours per week.  Under 862(a), employers must pay double the employee’s regular pay for hours worked in excess of twelve hours per day. These provisions will extend to employers with twenty-five or fewer employees on January 1, 2025. Under 860(a)(2), employers with twenty-five or fewer employees must now pay overtime for hours worked in excess of nine and a half hours per day or fifty-five hours per week.  Additionally, under 863(c), the California governor no longer has the authority to suspend phased-in overtime provisions.

Agricultural Labor: Maine Governor Vetoes Farm Worker Collective Bargaining Bill
On January 7, 2022, Maine Governor Janet Mills vetoed bill L.D. 151 (H-679), titled “An Act To Protect Farm Workers by Allowing Them To Organize for the Purpose of Collective Bargaining.” The bill would have granted agricultural employees collective bargaining rights, required agricultural employers to bargain, and created procedures for contract mediation, complaint filing, hearings, and labor board enforcement.  The law would have applied to all Maine farms with more than five employees.  Governor Mills stated that, despite the bill’s good intentions and “support[] of collective bargaining rights for workers generally,” the bill at issue “would subject [Maine] farmers to a complicated new set of laws that would require them to hire lawyers just to understand.”  Further, Governor Mills stated that Maine’s agricultural sector, which is comprised largely of “small, family-oriented operations,” is different from other states where agriculture is controlled by “factory farms and large corporate interests,” and that legislation to protect Maine’s agricultural workers “should be tailored to the unique circumstances of [the state’s] agricultural sector,” which, Governor Mills wrote, “this bill is not.”

CENTER PROGRAMS & RESOURCES

Agricultural Law Podcasts: 

Weekly Episode #203. Supreme Court Stays OSHA Vaccination Rule & Environmental Groups Revive Dicamba Challenge Citing EPA Report (Jan. 20, 2022).

Weekly Episode #202. EPA Publishes 2021 Dicamba Report & States Act on Animal Welfare Laws (Jan. 15, 2022).

Weekly Episode #201. White House Links Meat Processor Profits to Rising Food Prices & EPA Announces Renewable Fuel Volume Requirements (Jan. 7, 2022).

Events: 

2nd Annual Pennsylvania Farm Show Agricultural Law Symposium, Four hours of educational webinars conducted by the Center on Jan. 11 and 13, 2022—video recordings for on-demand viewing and powerpoint presentations available.

Feb. 1-3, 2022: 2022 Mid-Atlantic Fruit and Vegetable Convention, Hershey, PA. Center Staff Attorney Jackie Schweichler will present on Legal Liability Risks from Business Invitees on the Farm (Feb. 2 at 11:00 a.m.) and Legal Considerations for Agritourism (2:30 p.m.).

Feb. 1–3, 2022: Pennsylvania Dairy Summit, Lancaster, PA. Center Staff Attorney Brook Duer will present on Feb. 2 on Protecting Yourself from Animal Activism (10:40 a.m.).

Feb. 10, 2022: Penn State Extension Webinar, Liability Issues for the Value-Added Dairy Foods Processor, noon – 1:00 pm EST. Center Staff Attorney Brook Duer will be the presenter.

Feb. 10–12, 2022: PASA Sustainable Agriculture’s 2022 Sustainable Agriculture Conference, Lancaster, PA.  Virtual Pre-Conference from Jan. 4 to 28. Center Staff Attorney Brook Duer will present on Feb. 12 on Direct Sale of Raw and Processed Specialty Crop Products: Legal Liabilities, Contracting and Insurance (9:00 am).

Connect with the Center at aglaw.psu.edu, Facebook, or Twitter @AgShaleLaw

Top #AgLaw HotLinks Jan. 10–14, 2022    

USDA Invests $9M to Expand Reach and Increase Adoption of Climate-Smart Practices, USDA

Ready to Eat Some Lab-Grown Meat? The FDA Will Soon Decide, Bloomberg

Public Interest Groups Ask Court to Move Forward with Lawsuit Challenging EPA’s Approval of Drift-Prone Dicamba Pesticide, Center for Food Safety

EPA to Assess Impact on Endangered Species before Signing off on Pesticide Ingredients, The Hill

U.S. Aims to Double Cover Crop Planting to Address Climate Change, Reuters

Pennsylvania Farm/Food Employers’ Listserv (PFEL) is a human resources legal news and networking group exclusively for farm and food employers. Subscribe by email with “subscribe” in the subject line to pfel-subscribe-request@lists.psu.edu.

Academic & Government Resources

Media & Industry Resources

Penn State News, Research & Resources

Weekly Featured Graphics: 

  1. USDA, APHIS, 2022 Highly Pathogenic Avian Influenza (Jan. 18, 2022).

“These findings are not unexpected, as wild birds can be infected with HPAI and show no signs of illness. They can carry the disease to new areas when migrating. APHIS anticipates additional wild bird findings as our robust wild bird sampling program continues into the spring. APHIS will post these and all future wild bird findings on its website on a weekly basis. Stakeholders should check the website on a routine basis, as no future stakeholder announcements are planned for wild bird findings.”

2.  Penn State Extension, Family Farm Financial & Business Planning Flowchart.

Agriculture-Related Legislative Hearings & Reports:

PA House Appropriations Committee Budget Hearing for Department of Agriculture, March 2, 2022, 10:00 am EST, location and livestream link tba.

PA Senate Appropriations Committee Budget Hearing for Department of Agriculture, March 3, 2022, 10:00 am EST, Hearing Room 1, North Office Bldg. and livestream.

U.S. House Agriculture Committee Hearing, Implications of Electric Vehicle Investments for Agriculture and Rural America, Wednesday, (recorded January 12, 2022) video and written testimony.

U.S. House Agriculture Committee Hearing, To Review the State of the Rural Economy with Agriculture Secretary Tom Vilsack, Jan. 20, 2022, 9:00 am EST.

2021 U.S. House Agriculture Committee hearings, complete list for on-demand viewing:

Climate Change and the U.S. Agriculture and Forestry Sectors (Feb. 25, 2021).

A Look at Food Insecurity in America (Mar. 11, 2021).

A Hearing to Review the State of Black Farmers in the U.S. (Mar. 25, 2021).

Rural Broadband—Examining Internet Connectivity Needs and Opportunities in Rural America (Apr. 20, 2021).

Title II Conservation Programs: Exploring Climate Smart Practices (May 12, 20210.

The Future of SNAP: Moving Past the Pandemic (May 26, 2021).

Examining Opportunities for Growth and Investment in Rural America (June 15, 2021).

Markup of Commodity Futures Trading Commission Whistleblower Program (June 16, 2021).

1890 Land Grant Institutions: Investing for Agricultural Resiliency, Equity, and Global Impact (June 16, 2021).

A Hearing to Review the Efficacy of the Farm Safety Net (June 23, 2021).

Supply Chain Recovery and Resiliency: Small Producers and Local Agricultural Markets (June 30, 2021).

Examining the SNAP Benefit Cliff (July 12, 2021).

The U.S. Wood Products Industry: Facilitating the Post COVID-19 Recovery (July 21, 2021).

State of the Beef Supply Chain: Shocks, Recovery, and Rebuilding (July 28, 2021).

21st Century Food Systems: Controlled Environment Agriculture’s Role in Protecting Domestic Food Supply Chains and Infrastructure (July 29, 2021).

Voluntary Carbon Markets in Agriculture and Forestry (Sept. 23, 2021).

A Hearing to Review the State of the Livestock Industry (Oct. 7, 2021).

Agricultural Biotechnology: 21st Century Advancements and Applications (Oct. 26, 2021).

The Immediate Challenges to our Nation’s Food Supply Chain (Nov. 3, 2021).

Hunger Among Veterans and Servicemembers: Understanding the Problem and Evaluating Solutions (Nov. 10, 2021).

A Look at the Renewable Economy in Rural America (Nov. 16, 2021).

Trade Policy and Priorities (Nov. 17, 2021).

Review of USDA Nutrition Distribution Programs (Dec. 8, 2021).

FEDERAL ACTIONS—EXECUTIVE & LEGISLATIVE

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

USDA Offers Expanded Conservation Program Opportunities to Support Climate Smart Agriculture in 2022 (Jan. 10, 2022).

USDA, Federation of Southern Cooperatives Renew Partnership Supporting Underserved Landowners (Jan. 10, 2022).

USDA Invests $50 Million in Partnerships to Improve Equity in Conservation Programs, Address Climate Change (Jan. 10, 2022).

Secretary Vilsack and Ambassador Tai Announce New Agreement to Allow U.S. Pork, Products into India for First Time (Jan. 10, 2022).

USDA Invests $9M to Expand Reach and Increase Adoption of Climate-Smart Practices (Jan. 12, 2022).

USDA to Invest up to $225 Million in Partner-Driven Conservation on Agricultural and Forest Land (Jan. 13, 2022).

USDA Announces Additional Farm Service Agency and Rural Development State Directors (Jan 13, 2022).

Statement by Secretary Vilsack on Martin Luther King Jr. Day (Jan. 14, 2022).

USDA AGENCY PRESS RELEASES: 

Agricultural Marketing Service (AMS)

Pre-Solicitation Announcement for Section 32 Purchase of Fresh Grapefruit (Jan. 10, 2022).

Pre-Solicitation Announcement for Section 32 Purchase of Fresh Table Grapes (Jan. 10, 2022).

Pre-Solicitation Announcement for Section 32 Purchase of Pistachios (Jan. 11, 2022).

USDA Announces Cotton Board Appointments (Jan. 11, 2022).

USDA Announces 2022 Grain Fee Schedule (Jan. 11, 2022).

USDA Seeks Nominees for National Mango Board (Jan. 13, 2022).

USDA Sets New Deadline to Apply for Farm and Food Workers Relief Grants (Jan. 13, 2022).

Agricultural Research Service (ARS)

Readying Wheat with Climate Resiliency (Jan. 10, 2022).

Device Sniffs Out the “Smell-fingerprints” of Pestered Plants (Jan. 11, 2022).

Animal and Plant Health Inspection Service (APHIS)

APHIS Seeks Comment on A New Approach to International Seed Trade (Jan. 10 ,2022).

APHIS Seizes Nearly a Ton of Illegal Animal Products from China Found in New York City (Jan. 13, 2022).

USDA Confirms Highly Pathogenic Avian Influenza in a Wild Bird in South Carolina (Jan 14, 2022).

Economic Research Service (ERS)

The Economic Impacts of Retaliatory Tariffs on U.S. Agriculture (Jan. 11, 2022).

Food Safety and Inspection Service (FSIS)

Constituent Update – January 14, 2022 (Jan. 14, 2022).

Foreign Agriculture Service (FAS)

Export Sales to Mexico [Corn] (Jan. 10, 2022).

Export Sales to China [Soybeans] and Unknown Destinations [Corn] (Jan. 12, 2022).

Export Sales to Mexico [Corn] and Spain [Soybeans] (Jan 14, 2022).

Forest Service

USDA Forest Service Welcomes New National Director of Fire and Aviation Management (Jan. 12, 2022).

National Agricultural Statistics Service

Corn and soybean production up in 2021, USDA Reports, Corn and soybean stocks up from year earlier, Winter Wheat Seedings up for 2022 (Jan. 12, 2022).

Annual Crop Production (January 2022) (Jan. 12, 2022).

USDA NASS reschedules 2020 Local Foods Marketing Practices data release to April 28 (Jan. 13, 2022).

National Institute of Food and Agriculture (NIFA)

NIFA Invests Nearly $3M in Rural Food Animal Veterinary Medicine Across the U.S. (Jan. 12, 2022).

Risk Management Agency (RMA)

USDA Invests $2 Million in Risk Management Education for Historically Underserved and Small-Scale Producers (Jan. 10, 2022).

Rural Development

USDA Invests $500,000 to Help Increase Mariculture Processing Capacity in Southeast Alaska (Jan. 13, 2022).

FEDERAL EXECUTIVE AGENCIES (Federal Register Jan. 10–14, 2022): 

Agriculture Department  

87 FR 1106 Notice: “Submission for OMB Review; Comment Request [‘WIC Infant and Toddler Feeding Practices Study-2 (WIC ITFPS-2): Year 9 Extension’]” (Jan. 10, 2022).

87 FR 1392 Notice: “Submission for OMB Review; Comment Request [Regarding Information Collection for the National Poultry Improvement Plan]” (Jan. 11, 2022).

87 FR 1392 Notice: “Performance Review Board Membership [for the Senior Executive Service (SES) and Senior Level (SL) and Scientific or Professional (ST) Performance Review Boards]” (Jan. 11, 2022).

87 FR 2126 Notice: “Submission for OMB Review; Comment Request [for a Pennsylvania Aquaculture Census]” (Jan. 13, 2022).

87 FR 2403 Notice: “Request for Nominations of Members for the National Agricultural Research, Extension, Education, and Economics (NAREEE) Advisory Board, Specialty Crop Committee (SCC), Citrus Disease Subcommittee (CDS), and National Genetic Resources Advisory Council (NGRAC)” (Jan. 14, 2022).

Commodity Futures Trading Commission

87 FR 2033 Rule: “Annual Adjustment of Civil Monetary Penalties to Reflect Inflation-2022″ (Jan. 13, 2022).

Environmental Protection Agency

87 FR 1091 Proposed Rule—Comment Period: “Pesticides; Expansion of Crop Grouping Program VI” (Jan. 10, 2022).

87 FR 1358 Rule: “Air Plan Approval; North Carolina; Minor Revisions to Cotton Ginning Operations Rule” (Jan. 11, 2022).

Farm Credit Administration

 87 FR 1331 Rule: “Rules of Practice and Procedure; Adjusting Civil Money Penalties for Inflation” (Jan. 11, 2022).

Farm Credit System Insurance Corporation

87 FR 2031 Rule: “Rules of Practice and Procedure; Adjusting Civil Money Penalties for Inflation” (Jan 13, 2022).

Farm Service Agency

87 FR 1106 Notice—Comment Period: “Information Collection Request; Request for Special Priorities Assistance [Priority Ratings on Certain Agricultural Commodities under the Defense Production Act of 1950]” (Jan. 10, 2022).

Fish and Wildlife Service

87 FR 1179 Notice—Comment Period: “Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Policy for Evaluation of Conservation Efforts When Making Listing Decisions” (Jan. 10, 2022).

87 FR 2389 Proposed Rule—Comment Period: “Endangered and Threatened Wildlife and Plants; Removal of 23 Extinct Species From the Lists of Endangered and Threatened Wildlife and Plants; Ivory-Billed Woodpecker; Correction” (Jan. 14, 2022).

Food and Drug Administration

87 FR 2162 Notice—Comment Period: “Agency Information Collection Activities; Proposed Collection; Comment Request; Manufactured Food Regulatory Program Standards” (Jan. 13, 2022).

87 FR 2159 Notice—Comment Period: “Agency Information Collection Activities; Proposed Collection; Comment Request; Registration of Food Facilities” (Jan. 13, 2022).

Labor Department

87 FR 2186 Notice—Comment Period: “Agency Information Collection Activities; Submission for OMB Review; Comment Request; Occupational Safety and Health Onsite Consultation Agreements” (Jan 13, 2022).

87 FR 2328 Rule: “Department of Labor Federal Civil Penalties Inflation Adjustment Act Annual Adjustments for 2022” (Jan. 14, 2022).

National Telecommunication and Information Administration

87 FR 1122 Notice—Comment Period: “Infrastructure Investment and Jobs Act Implementation [Planning of Broadband Investment]” (Jan. 10, 2022).

Rural Business-Cooperative Service

87 FR 2406 Notice: “Notice of Solicitation of Applications for the Rural Business Development Grant Program to Provide Technical Assistance for Rural Transportation Systems” (Jan. 14, 2022).

Susquehanna River Basin Commission

87 FR 1470 Notice: “Grandfathering (GF) Registration Notice [for December 2021]” (Jan. 11, 2022).

87 FR 1471 Notice—Comment Period: “Public Hearing [on Projects and Proposals, Tentatively Scheduled for March 17, 2022]” (Jan. 11, 2022).

87 FR 1472 Notice: “Projects Approved for Consumptive Uses of Water [in December 2021]” (Jan. 11, 2022).

87 FR 1470 Notice: “Projects Approved for Minor Modifications [in December 2021]” (Jan. 11, 2022).

U.S. Customs and Border Protection

87 FR 1771 Notice: “New Zealand Beef Imports Approved for the Electronic Certification System” (Jan. 12, 2022).

87 FR 2172 Notice: “Argentina Beef Imports Approved for the Electronic Certification System (eCERT)” (Jan. 13, 2022).

U.S.-China Economic and Security Review Commission

87 FR 2241 Notice: “Notice of Open Public Hearing [on Jan. 27, 2022]” (Jan. 13, 2022).

U.S. HOUSE AGRICULTURE COMMITTEE:   

H.R.6390 “To make financial assistance under the Rural Energy for America program available with respect to certain electric vehicle supply equipment expenses.” Referred to the House Committee on Agriculture (Jan. 12, 2022).

H.R.6408 “To establish, in the Department of Agriculture, an Office of Agritourism, and for other purposes.” Referred to the House Committee on Agriculture (Jan. 13, 2022).

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

No relevant actions.

STATE ACTIONS—EXECUTIVE & LEGISLATIVE

PENNSYLVANIA DEPARTMENT OF AGRICULTURE PRESS RELEASES:

No new releases.

PENNSYLVANIA EXECUTIVE AGENCIES (Pa. Bulletin Vol. 52, No. 3—Jan. 15, 2022):          

Department of Agriculture

52 Pa.B. 370 Notice: “Repeal of the Order of Quarantine; Thousand Cankers Disease of Walnut.”

Department of Environmental Protection

52 Pa.B. 372 Notice: “Applications for NPDES and WQM Permits Under the Clean Streams Law and Federal Clean Water Act.”

52 Pa.B. 418 Notice: “Draft 2022 Integrated Water Quality Monitoring and Assessment Report; Available for Public Comment.”

Department of Health

52 Pa.B. 359 Rules and Regulations: “Medical Marijuana; General Provisions; Growers/Processors; Dispensaries; Laboratories; Physicians and Practitioners; Patients and Caregivers; Clinical Registrants and Academic Clinical Research Centers; and Practice and Procedure; Temporary Regulations.”

52 Pa.B. 424 Notice: “Pennsylvania Rural Health Redesign Center Authority Board Virtual Meeting [on Jan. 18, 2022].”

PENNSYLVANIA LEGISLATURE:      

HB 2242 “An Act amending . . . The Administrative Code of 1929, in administrative organization, further providing for departmental administrative boards, commissions, and offices. . . repealing provisions relating to Environmental Quality Board; in powers and duties of the Department of Agriculture and its departmental administrative commission, further providing for seasonal farm labor; in powers and duties of the Department of Environmental Resources, its officers and departmental and advisory boards and commissions, further providing for Environmental Quality Board and for powers of Environmental Quality Board. [Abolishes the Environmental Quality Board]” Referred to Environmental Resources and Energy [House] (Jan. 11, 2022).

Written by:
Audry Thompson—Research Assistant 
Noah Gochnauer—Research Assistant
Brook Duer—Staff Attorney