A comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions HERE.

                                                                                                                                               

LEGISLATIVE: Includes Massachusetts, New York

MASSACHUSETTS

S 2603 further regulates hen welfare and establishes uniform cage-free standards. Info here.

NEW YORK

S 4722 establishes a state soil health program to assist farmers in improving the health of their soil and establishes a state climate resilient farming initiative to promote and encourage farmers to adopt certain practices to reduce environmental impacts. Info here.

                                                                                                                                               

REGULATORY: APHIS, USDA, EPA, FWS, FDA, FSIS, NOAA

ANIMAL AND PLANT HEALTH INSPECTION SERVICE

Final rule amending the regulations governing the importation of animals and animal products to revise conditions for the importation of live sheep, goats, and certain other non-bovine ruminants, and products derived from sheep and goats, with regard to transmissible spongiform encephalopathies such as bovine spongiform encephalopathy and scrapie. Info here.

Notice announcing APHIS added the Dominican Republic to the list of regions that APHIS considers to be affected with African swine fever. Info here.

ENVIRONMENTAL PROTECTION AGENCY

Notice announcing an upcoming workshop on biofuel greenhouse gas modeling. EPA will hold a virtual public meeting on Monday, February 28, 2022 and Tuesday, March 1, 2022 from 12:00 p.m. to 4:00 p.m. Eastern Standard Time each day. Info here.

FISH AND WILDLIFE SERVICE

Notice announcing FWS received an application from Indiana Crossroads Wind Farm LLC, for an incidental take permit (ITP) under the Endangered Species Act, for its Indiana Crossroads Wind Farm. If approved, the ITP would be for a 6-year period and would authorize the incidental take of an endangered species, the Indiana bat, and a threatened species, the northern long-eared bat. Info here.

Notice announcing the availability of a draft low-effect screening form (screening form) under the National Environmental Policy Act (NEPA) for an incidental take permit (ITP) under the Endangered Species Act (ESA), supported by a draft low-effect habitat conservation plan. The Lehigh Southwest Cement Company applied for an ITP under the ESA for Permanente Site Operations and Maintenance in Santa Clara County, California. The requested ITP, if granted, would authorize incidental take of the threatened California red-legged frog. Info here.

Proposed rule proposing to list four of six distinct population segments of the foothill yellow-legged frog (Rana boylii), a stream dwelling amphibian from Oregon and California, under the Endangered Species Act. Info here.

FOOD AND DRUG ADMINISTRATION

Proposed rule announcing that FDA filed a petition, submitted by Lallemand Inc., proposing that the food additive regulations be amended to provide for the safe use of vitamin D 2 heat-killed (“inactive”) baker’s yeast as a source of vitamin D 2 in specific food categories. Info here.

Final rule confirming the effective date of October 5, 2021, for the final rule that amended the color additive regulations to provide for the safe use of butterfly pea flower extract in various food categories at levels consistent with good manufacturing practice. Info here.

Notice amending the temporary permits issued to Bumble Bee Foods, LLC, and StarKist Seafood Co. to market test canned tuna. Info here.

FOOD SAFETY INSPECTION SERVICE

Notice announcing that FSIS intends to list Lithuania as a country eligible to export egg products to the United States. Info here.

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

Temporary rule closing the Atlantic southern zone for commercial Spanish mackerel in or from the Atlantic exclusive economic zone. The Atlantic southern zone to commercial harvest of Spanish mackerel closes on January 3, 2022. Info here.

Temporary rule adjusting the 2022 total allowable catch amounts for the Bering Sea and Aleutian Islands pollock, Atka mackerel, and Pacific cod fisheries. Info here.

Final rule removing a coral, Siderastrea glynni, from the Federal List of Threatened and Endangered Species. Info here.

Temporary rule adjusting the 2022 total allowable catch amounts for the Gulf of Alaska pollock and Pacific cod fishery. Info here.

UNITED STATES DEPARTMENT OF AGRICULTURE

Notice announcing the Office of Partnerships and Public Engagement intention to request an extension with change for a currently approved information collection for the USDA/1890 National Scholars Program. Info here.

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