Next Week: July 14 @ Noon, Quarterly Dairy Legal Webinar—Capper Volstead Act & Dairy

Registration Now Available for the 2026 Pennsylvania Agricultural Law Symposium!

Pesticides/Herbicides: Supreme Court Holds FIFRA Preempts State Failure-to-Warn Pesticide Claims 🌾
On June 25, 2026, the U.S. Supreme Court issued an opinion holding that the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) preempts state law “failure to warn” tort claims. Monsanto v. Durnell, No. 24-1068. For more, see

Dairy Policy: Pennsylvania’s Over-Order Premium Expired July 1, 2026
As of July 1, 2026, the Pennsylvania Milk Board Over-Order Premium (OOP) General Order No. A-1022 has expired. The order had allocated on Class I milk a $1.00 OOP from January 1, 2026, through March 31, 2026, and a $0.50 OOP from April 1, 2026, through midnight of June 30, 2026. The previous order contained the following statement: “There are 13 million consumers in Pennsylvania. The over-order premium is a component of the minimum producer price and is passed through, in its entirety, into the minimum retail price for Class I milk paid by those Pennsylvania consumers. While those Pennsylvania consumers pay the entire over-order premium, Pennsylvania producers only receive a portion of the premium. The current system establishes a producer price that is paid entirely by consumers but is not entirely received by producers. We question how well this gives equal consideration to consumers.” Although a hearing was held on June 3, 2026, the Milk Board declined to issue a subsequent order.

Water Quality: DEP Publishes Draft Wastewater Permit Requirements to Monitor PFAS
On July 4, 2026, the Pennsylvania Department of Environmental Protection published in the Pennsylvania Bulletin a notice (56 Pa.B. 3919) announcing updated draft permit requirements for wastewater treatment facilities that would require the facilities to monitor Per- and Polyfluoroalkyl Substances (PFAS) chemicals in any biosolids produced for land application and develop a plan to reduce PFAS in wastewater. Also announced by DEP, the new permits “would also allow wastewater treatment facilities to accept food waste in their digesters.” The draft permits are available for public comment until September 2, 2026.

Agricultural Labor: H-2A Reform Bill Introduced in House
On June 30, 2026, Representative Glenn Thompson introduced into the House of Representatives H.R. 9535 (PDF), titled “Securing Agriculture’s Workforce Act of 2026.” According to a summary (PDF) from the House Agriculture Committee, the bill would (1) specify “that H-2A visas are for performing agricultural labor or services of a temporary nature only, removing the requirement that it also be seasonal,” (2) specify “that ‘temporary’ is in relation to the length of the job contract (a maximum of 350 days), rather than the underlying nature of the work being performed,” (3) “Transfer[] the authority to define “agriculture labor and services” to the Secretary of Agriculture, rather than Labor,” (4) allow H-2A eligibility for “a suite of additional activities, such as controlled environment agriculture, forestry, aquaculture, and the “harvest” of livestock,” and (5) allow “existing unauthorized agricultural workers to gain access to the program if they are otherwise eligible and can meet the requirements (which include background checks and an in-person interview) of the H-2A program.” The summary specifies that the bill does not provide a pathway to citizenship. The bill is currently under review by the House Judiciary Committee.

Nutrition Programs: Federal Court Grants Summary Judgment Vacating SNAP Food Restriction Waiver Program
On June 22, 2026, the U.S. District Court for the District of Columbia issued an opinion granting summary judgment to the plaintiff Supplemental Nutrition Assistance Program (SNAP) recipients in a challenge to the U.S. Department of Agriculture’s (USDA) SNAP Food Restriction Waivers pilot program, in which individual states requested and received USDA approval to restrict the purchase of items such as soda and candy in their state-administered SNAP programs. Aragon v. Rollins, No. 1:26-cv-00861. The court stated, “The section of the statute the Secretary relies upon as authorization to approve the projects at issue . . . authorizes projects related to the administrative and logistical efficiency of the SNAP program itself, but the set of projects here all focus on banning certain products, such as soda or candy, to tackle the health, nutrition, and obesity issues prevalent in the low income population.” Additionally, the court found that “the agency sidestepped the section of the statute that does address those projects . . . which sets out strict requirements they must meet—entirely.” The court further stated, “With her solicitation and approval of the pilot projects in this case, the Secretary purports to waive not just a mere administrative or technical obstacle, but the very definition of ‘food’ as it was laid down by Congress . . . . Neither the USDA nor the states can force this square peg into a round hole to avoid the plain language of the statute and the requirements of 2026(k).” See also ALWR—Mar. 31, 2026, “SNAP Recipients File Complaint Alleging ‘Food Restriction’ Waivers Violate Administrative Procedure Act” and ALWR—Jan. 13, 2026, “USDA Publishes SNAP Food Restriction Waiver Retailer Compliance Memo.” 

Nutrition Programs: USDA Announces SNAP 2025 State Payment Error Rates
On June 24, 2026, the U.S. Department of Agriculture (USDA) Food and Nutrition Service (FNS) published the 2025 annual payment error rates (.xlsx) for the Supplemental Nutrition Assistance Program (SNAP). Also announced by FNS, the agency states that “[s]tates with error rates at or above the 6% threshold will be responsible for covering 5%, 10%, or 15% of their states’ benefits” and “are required to submit a Corrective Action Plan . . . detailing how they will address the root cause of their errors.” According to the data, only 10 states and territories have a total payment error rate (PER) below 6%: South Dakota (2.47%), Idaho (3.85%), Wyoming (3.96%), Kentucky (4.7%), Iowa (5.34%), Virgin Islands (5.36%), Vermont (5.38%), Utah (5.54%), Wisconsin (5.72%), and Nebraska (5.9). Pennsylvania had a total PER of 9.21% (8.03% overpayment and 1.18% underpayment) and the 2025 national average PER was 10.62%. See also ALWR—July 8, 2025, “USDA Publishes 2024 Annual SNAP Payment Error Rates.”  

Food Policy: Alaska Passes Law Prohibiting Food Dyes in School Meals
On June 18, 2026, Alaska SB 187 (PDF), titled “An Act prohibiting certain food additives in public school meals . . .” became law without signature from Alaska Governor Mike Dunleavy following a unanimous vote in the House on May 15, 2026. The act prohibits Alaska public schools from serving any food or beverage “as part of a breakfast or lunch provided by the school to enrolled students during a school day” that contains any of seven listed artificial dyes: red dye 3, red dye 40, yellow dye 5, yellow dye 6, blue dye 1, blue dye 2, and green dye 3. The act becomes effective January 1, 2028.

National Agricultural Policy: President Issues ‘Advancing Regenerative Agriculture’ Executive Order
On June 25, 2026, President Donald Trump issued Executive Order 14414 (91 FR 39841), titled “Advancing Regenerative Agriculture and Strengthening American Farm Resilience.” Also announced by the U.S. Department of Agriculture (USDA), the executive order (EO) directs the U.S. Environmental Protection Agency (EPA) Secretary to “prioritize registration actions related to substances that can be used as alternatives to older active ingredients” and “review all available data for registered pre-harvest desiccation uses and ensure alignment with all applicable safety and environmental standards, including accurate labeling of chemical products.” The EO also directs the Secretaries of Agriculture, Health and Human Services (HHS), and EPA to “expedite development of a research and evaluation framework for cumulative exposure across chemical classes that are regulated by statute in the food supply . . . using . . . New Approach Methodologies.” Additionally, the EO commands the Agriculture Secretary to “maximize the funding for the current Regenerative Pilot Program and evaluate ways to expand the reach of the program, including by sharing the results of the program with a broad audience of stakeholders.”

Biofuels: USDA Publishes Technical Guidance for Biofuel Feedstock Carbon Emissions
On June 29, 2026, the U.S. Department of Agriculture (USDA) Office of Energy and Environmental Policy published in the Federal Register a final rule (91 FR 39334) revising technical guidelines for “quantifying, reporting, and verifying the carbon intensity of” four crops used in biofuel production: field corn, soybeans, sorghum, and spring canola. For more, see Kristine A. Tidgren, USDA Finalizes Guidance for Low-Carbon Biofuel Feedstocks, Iowa St. Univ. Ctr. Agric. Law & Tax’n (June 30, 2026).

Crop Insurance: USDA Announces Turfgrass Value Select Insurance Program
On July 1, 2026, the U.S. Department of Agriculture (USDA) Risk Management Agency (RMA) announced (PDF) the availability of a new crop insurance pilot program, Turfgrass Value Select, available in select counties in Alabama, Florida, Georgia, Illinois, Minnesota, Missouri, North Carolina, Oklahoma, South Carolina, and Texas. According to a concurrent product management bulletin (PDF), the Federal Crop Insurance Corporation (FCIC) Board of Directors approved the program on May 21, 2026. The program will provide coverage levels from 50 to 85 percent and the first sales closing date will be September 1, 2026, for the 2027 crop year.

Food Policy/Farm Bill: North Carolina Governor Signs 2026 Farm Bill into Law
On June 22, 2026, North Carolina Governor Josh Stein approved SB 401/SL 2026-11 (PDF), titled “NC Farm Act of 2025-2026.” The law covers many areas, including the expansion of agricultural infrastructure, water planning, and feral swine and animal waste management reforms. The Act directs the Department of Agriculture and Consumer Services to revise the “Strategic Plan for Protecting Agricultural Water Resources” by incorporating long-term water storage infrastructure, water conservation and reuse practices, cost-share incentive programs, and strategies for mitigating agricultural flooding. The Act also establishes a statewide Feral Swine Working Group, comprised of ten members and housed within the Wildlife Resources Commission, and directs the group to “develop a statewide plan to control feral swine damage on private and public lands.”

 

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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:

July 24: Understanding the Basics of International Agricultural Trade & Tariffs

Aug. 14: Understanding IP Issues in Agricultural Law: ‘Freedom to Operate’

Sept. 25: Understanding the Basics of the Pennsylvania Farm Bill

AgWorks: Connecting Agricultural Businesses to Workforce Services and Training. From 2025 to 2027, the Penn State Center for Agricultural and Shale Law and Penn State Extension will collaborate with farms and agriculture-related businesses to strengthen the workforce system. AgWorks will provide registered small- to medium-sized Pennsylvania farms and agribusinesses with no-cost training and consultation to ensure business sustainability. As part of the AgWorks program, the Center for Agricultural and Shale Law will provide legal consulting and present 20+ employment law programs. Upcoming AgWorks webinars and workshops:

July 29: Worker Benefit and Privacy Laws

Quarterly Dairy Legal Webinar Series. A free quarterly webinar series covering dairy industry legal and regulatory developments with an in-depth focus topic. One hour of substantive CLE credit available for Pennsylvania-licensed attorneys at no charge. All events on Tuesdays, noon–1 pm (ET). Upcoming:

July 14: 2nd Quarter 2026—Capper Volstead Act & Dairy

Oct. 13: 3rd Quarter 2026—Landowner Liability Statutes for Dairy

2026 Pennsylvania Agricultural Law Symposium—September 3, 2026 in Carlisle, PA

This day-long symposium will offer 1 ethics and 5 substantive PACLE credits for Pennsylvania-licensed attorneys. Lunch and refreshments provided. Topics to include Fourth Amendment and Agriculture: Warrantless Access to Ag & Private Rural Lands; Chapter 12 Bankruptcy Overview and Updates; Estate Planning & Ethics; Pesticide Update; Agricultural Labor; and more!

2026 Ag and Natural Resources Law Summit—September 22–23 in Shepherdstown, WV

Interested in learning more about heirs property, land use, solar development and other similar topics? Make plans to attend the 2026 Agricultural and Natural Resources Law Summit, to be held at the National Conservation Training Center.

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., Nebraska’s Agricultural Data Privacy Act and Similar State Efforts, Will Scobey (June 25).

Nat’l Agric. Law Ctr., Colorado expands Cottage Food laws with the passage of the “Tamale Act”, Emily Stone (June 23).

Nat’l Agric. Law Ctr., Soil for Sale? Two Tennessee Measures Expand the State’s Foreign Ownership Law Framework, Ramie Parsons (June 18).

Nat’l Agric. Law Ctr., BLM Proposes Overhaul of Grazing Program Regulations, Brigit Rollins (June 16).

Univ. Md. Risk Mgmt. Educ. Blog, New Horizons for Maryland Farm Breweries: A Guide to the Class 8 License Updates, Paul Goeringer (June 30).

Ohio St. Univ. Ext. Farm Off. Blog, Ag input issues: are solutions in sight?, Peggy Kirk Hall (June 30).

Ohio St. Univ. Ext. What’s the state of data center legislation in Ohio?, Ellen Essman (June 25).

Ohio St. Univ. Ext. Understanding Eminent Domain: Rights and Leverage for Ohio Landowners, Robert Moore (June 17).

Tex. A&M Agric. Law Blog, Summer on the Farm or Ranch: Legal Issues to Keep in Mind, Tiffany Dowell (June 22).

Iowa St. Univ. Ctr. Agric. Law & Tax’n, Iowa Supreme Court Finds Domesticated Animal Activities Act Bars $18.2 Million Claim, Joshua A. Hjelmaas (June 17).

STATE ACTIONS—EXECUTIVE & LEGISLATIVE

PENNSYLVANIA DEPARTMENT OF AGRICULTURE PRESS RELEASES

Shapiro Administration Invests $500,000 to Purchase and Process Erie-Area Grapes, Provide Fresh Juice to Local Foodbanks through Pennsylvania Agricultural Surplus System (July 02).

Agriculture Secretary Tours Penn State Fruit Research Center to See How Shapiro Administration Agricultural Innovation Grants are Helping Pennsylvania Fruit Growers Innovate and Thrive (June 18).

PENNSYLVANIA EXECUTIVE AGENCIES (Pa. Bulletin, Vol. 56, Nos. 25, 26, 27: June 20–July 4)

Department of Agriculture     

56 Pa.B. 3869 Notice: Pennsylvania Agriculture Sustainable Agriculture Grant Program (July 4).

56 Pa.B. 3730 Notice: Fertilizer Nutrient Values (June 27).

56 Pa.B. 3730 Notice: Interstate and International Quarantine Order; New World Screwworm Movement Prohibition and Import Requirements (June 27).

56 Pa.B. 3732 Notice: Referendum on Continuation of the Pennsylvania Potato Research Program (June 27).

Department of Environmental Protection

56 Pa.B. 3871 Applications, Actions and Special Notices: 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 (July 4).

56 Pa.B. 3919 Notice: Draft General Permits for the Beneficial Use of Exceptional Quality Biosolids (PAG-07), Non-Exceptional Quality Biosolids (PAG-08) and Residential Septage (PAG-09) by Land Application (July 4).

56 Pa.B. 3734 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 (June 27).

56 Pa.B. 3801 Notice: Bid Opportunity (June 27).

56 Pa.B. 3692 Notice: Proposed Expedited Interconnection Track Projects in Pennsylvania; Request for Information Deadline Extension (June 20).

56 Pa.B. 3692 Notice: Pennsylvania’s 2026 Annual Ambient Air Monitoring Network Plan (June 20).

56 Pa.B. 3642 Applications, Actions and Special Notices: The Pennsylvania Clean Streams Law and The Federal Clean Water Act (June 20).

PENNSYLVANIA LEGISLATURE

HB 2625 PN 3586 “Modernizing Fingerprinting and Background Check Requirements for Horse Racing”

HB2553 “Improving Electronic Waste Recycling”

HB 2553 PN 3463 “House Bill 2553—Report Bill As Amended”

HB 2553 PN 3463 A03753 “House Bill 2553—Adopt Amendment”

HB 2555 “Protecting Equine Health”

FEDERAL ACTIONS—EXECUTIVE & LEGISLATIVE

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

Fireworks, Flavor, and a 250th Birthday: How to Keep Cookout Favorites Food Safe All Holiday Weekend (July 1).

Secretary Rollins Announces Program to Support Small- and Mid-Size Beef Processors (June 30).

President Trump Takes Action to Lower Fertilizer Costs and Support American Farmers (June 29).

President Trump Signs Executive Order Advancing Regenerative Agriculture; Secretary Rollins Announces USDA Rule to Unlock Billions for American Farmers (June 25).

USDA Announces FY 2025 State Payment Error Rates in SNAP (June 24).

Trump Administration Welcomes Clarification on H-2A Eligibility for Dairy Operations (June 17).

Secretary Rollins Announces Historic $125 Million Annual Investment in Agricultural Research Infrastructure Across America (June 15).

USDA AGENCY PRESS RELEASES

Animal and Plant Health Inspection Service

APHIS Updates 2026 Indemnity Values To Strengthen National Animal Health Response (July 1).

Food and Nutrition Administration

USDA Announces FY 2025 State Payment Error Rates in SNAP (June 24).

Food Safety Inspection Service

USDA Announced the Strengthening Processing for U.S. Ranchers (SPUR) (July 2).

FSIS Updates for Small Plants – July 1, 2026 (July 1).

Residue Repeat Violators List (Jul 02).

Foreign Agricultural Service

Export Sales to Nigeria (June 30).

Export Sales to Unknown Destinations (June 29).

FEDERAL EXECUTIVE AGENCIES (Federal Register: June 22–July 4, 2026):

Agriculture Department

91 FR 40353 Rule: National Environmental Policy Act (July 2).

91 FR 39057 Notice: Renewal of Optional Form OF-2211 Build America Buy America Waiver Request Data Collection (June 29).

91 FR 39057 Notice: Submission for OMB Review; Comment Request [Forest Service: Grazing Permit Administration Forms] (June 29).

91 FR 38663 Notice: Submission for OMB Review; Comment Request [Animal and Plant Health Inspection Service: Movement of Organisms Modified or Produced Through Genetic Engineering] (June 28).

91 FR 38315 Proposed Rule: Agricultural Foreign Investment Disclosure Act of 1978 (June 25).

91 FR 38392 Notice: Submission for OMB Review; Comment Request [Farm Service Agency: Emergency Relief Program 2022] (June 25).

91 FR 37943 Notice: Submission for OMB Review; Comment Request [Food and Nutrition Administration: Understanding Participant Experiences in SNAP E&T] (June 24).

91 FR 37943 Notice: Submission for OMB Review; Comment Request [Farm Service Agency: Power of Attorney] (June 24).

91 FR 37944 Notice: Submission for OMB Review; Comment Request [Farm Service Agency: Farm Loan Program—Inventory Property Management] (June 24).

Agricultural Marketing Service

1 FR 40512 Notice: Notice of Request for Extension and Revision of a Currently Approved Information Collection (July 2).

91 FR 38391 Notice: United States Standards for Grades of Orange Juice (June 25).

91 FR 37349  Proposed Rule: Cotton Board Rules and Regulations: Adjusting Supplemental Assessment on Imports (2025 Amendments) (June 23).

Animal and Plant Health Inspection Service

91 FR 39974 Notice: Notice of Request for Revision to and Extension of Approval of an Information Collection; Virus-Serum-Toxin Act and Regulations (July 1).

91 FR 39974 Notice: Soil Culture Solutions, LLC: Determination of Nonregulated Status of HLB-Resistant Carrizo Citrange Rootstock (CarriCea T1) (July 1).

91 FR 39058 Notice: Notice of Request for Revision to and Extension of Approval of an Information Collection; Importation of Swine Hides, Bird Trophies, and Deer Hides (June 29).

91 FR 37068 Notice: Notice of Availability of a Final Supplemental Environmental Assessment and Finding of No Significant Impact for the Field Release of Aphalara itadori (Hemiptera: Psyllidae) From Murakami, Japan, for Classical Biological Control of Japanese, Giant, and Bohemian Knotweeds Fallopia japonica, F. sachalinedsis, and F. x bohemica (Polygonaceae), in the Contiguous United States (June 22).

Farm Service Agency

91 FR 40513 Notice: Information Collection Request; Certified Mediation Program (July 2

Environmental Protection Agency

91 FR 40534 Notice: Innovation Challenge: Alternatives to Conventional Pesticides for Crop Desiccation; Notice of Availability (July 2)

91 FR 39493 Rule: Bifenthrin; Pesticide Tolerances (June 30).

91 FR 39489 Rule: Chlormequat Chloride; Pesticide Tolerances (June 30).

91 FR 39501 Rule: Diflufenican; Pesticide Tolerances (June 30).

91 FR 39512 Rule: Epyrifenacil; Pesticide Tolerances (June 30).

91 FR 39506 Rule: Fluoxapiprolin; Pesticide Tolerances (June 30).

91 FR 39093 Notice: Correction: Cancellation Order for Certain Pesticide Registrations and/or Amendments To Terminate Uses (From August 11, 2025, Notice) (June 29).

91 FR 38535 Rule: Cinnamaldehyde in Pesticide Formulations; Exemption From the Requirement for a Tolerance (June 26).

91 FR 38423 Notice: Pesticide Registration Maintenance Fee; Requested and Proposed Cancellations of Certain Pesticide Registrations (June 25).

91 FR 37066 Proposed Rule: Receipt of Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various Commodities-March 2026 (June 22).

91 FR 37105 Notice: Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Agricultural Worker Protection Standard Training, Notification and Recordkeeping (Renewal) (June 22)

91 FR 37111 Notice: Pesticide Product Registration; Receipt of Applications for New Active Ingredients (March 2026) (June 22).

 

Contributors:
Audry Thompson—Staff Attorney
Brooke Colledge—Research Assistant
Phil Wright—Research Assistant

The post Agricultural Law Weekly Review—July 7, 2026 appeared first on Center for Agricultural and Shale Law.