On April 18, 2019, Montana Governor Steve Bullock signed legislation which provides new definitions for cell-cultured foods, hamburger, and ground beef, and clarifies when meat is mislabeled (HB 327). Dubbed the "Real Meat Act," the legislation defines a cell-cultured edible product as a "concept of meat" that is produced from a cell culture and not from a whole slaughtered animal. Meat, and subsequently hamburger and beef, are defined as a products derived from the edible flesh of livestock or livestock product. The definition specifically excludes cell-cultured edible products. Finally, any cell-cultured edible product labeled as meat is mislabeled if it does not meet the definition of meat. Several other states have also enacted food labeling legislation relating to the definition of meat. On April 26, 2019, Oklahoma Governor Kevin Stitt signed into law legislation that prohibits the deceptive advertising or selling of mislabeled meat products. A recently enacted Arkansas law specifically excludes synthetic products derived from plants, insects, or from products grown in a lab from the definition of meat. In addition, North Dakota passed a law stating that cell-cultured products should not be advertised or packaged similarly to meat food products and must be labeled as a "cell cultured protein food product." South Dakota, Mississippi, Wyoming, and Missouri also have passed similar meat labeling laws within the past year.

On April 18, 2019, the U.S. Department of Agriculture (USDA) announced a process for the legal importation of hemp seeds into the United States. The authority to regulate the importation of hemp seeds was transferred to USDA from the Drug Enforcement Administration after the Agriculture Improvement Act (2018 Farm Bill) removed hemp from the schedule of Controlled Substances. According to USDA, hemp seeds may be imported into the United States from Canada if accompanied by either: 1) a phytosanitary certification from Canada's national plant protection organization verifying the origin of the seed and confirming that no plant pests have been detected; or 2) a Federal Seed Analysis Certificate for hemp seeds grown in Canada. For all countries other than Canada, hemp seeds may be imported into the United States if accompanied by a phytosanitary certificate from the exporting country's national plant protection organization verifying the origin of the seed and confirming that no plant pests have been detected. Several states, including Pennsylvania, have been expanding their industrial hemp programs in line with the changes provided by the 2018 Farm Bill. Earlier this year, Pennsylvania announced that it will re-open the 2019 industrial hemp program and will allow commercial growing applications. The Pennsylvania program will no longer have acreage restrictions or restrictions on the number of applicants.

On April 9, 2019, U.S. Department of Agriculture (USDA), the U.S. Environmental Protection Agency (EPA), and the U.S. Food and Drug Administration (FDA) announced a federal interagency strategy intended to reduce food waste. The strategy was announced as part of Winning on Reducing Food Waste Month and focuses on protecting the resources used in growing, processing, and transporting food. According to the agencies, more than one-third of all available food in the United States is uneaten due to loss or waste. The press release notes that "food is the single largest type of waste in our daily trash." Part of this problem results from consumer confusion over date labeling terminology where the date on food packages often refers to food quality, not safety. In light of this, USDA, EPA, and FDA announced this strategy which is entitled, Winning on Reducing Food Waste FY 2019-2020 Federal Interagency Strategy. Under the plan, the agencies will work together to reduce food waste through: (1) coordinating interagency efforts; (2) providing consumer education; (3) providing guidance on food loss and waste measurement; (4) providing information on food safety, food date labels, and food donations; (5) engaging with private industry; and (6) encouraging food waste reduction in USDA, EPA, and FDA facilities.

On April 30, 2019, the U.S. Environmental Protection Agency (EPA) issued a press release asserting that glyphosate is not carcinogenic and, when used correctly, does not pose a health risk. Glyphosate is a non-selective herbicide that kills unwanted plants and grasses. Glyphosate is sold as a liquid or solid and is most notably used in the product Roundup. In their recent study, EPA examined the glyphosate cancer database to determine the carcinogenic potential of glyphosate. EPA consulted with the Federal Insecticide, Fungicide, and Rodenticide Act Scientific Advisory Panel and published their assessments for public comment. Following public comment, EPA published the Proposed Interim Registration Review Decision, which contains the EPA assessment and proposed application parameters. According to EPA, when the users of glyphosate properly follow current product labeling, the pesticide causes no risk to humans. While EPA asserts that the pesticide is not harmful to the public health, the agency is proposing management measures intended to make glyphosate application more effective and efficient. Specifically, EPA seeks to develop procedures that protect pollinators and decrease weed resistance to glyphosate. Recent court cases, such as Johnson v. Monsanto and Pilliod v. Monsanto, have called into question the safety of glyphosate (Johnson v. Monsanto, 16-cv-01244-MMC; Pilliod v. Monsanto, case no. RG17862702).

Professor Ross Pifer, CASL Director
Jacqueline Schweichler, Staff Attorney
Sean High, Staff Attorney
Chloe Marie, Research Specialist
Brennan Weintraub, Research Assistant

The Center for Agricultural and Shale Law provides interested individuals with relevant and timely agricultural and shale law updates through various media sources. These sources include:

Agricultural Law Weekly Review
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The Center for Agricultural and Shale Law conducts research and disseminates information on agricultural and shale law topics. Through its programs, the Center serves a wide variety of stakeholders including agricultural producers, landowners and royalty owners, business professionals, judges, attorneys, legislators, government officials, community groups, and the general public. Center programs are funded in part by the Pennsylvania Department of Agriculture and supported by a multi-year grant from the United States Department of Agriculture National Agricultural Library (an entity within the Agricultural Research Service).

The Center for Agricultural and Shale Law is one of four members of the National Agricultural and Food Law Consortium which includes The National Agricultural Law Center at the University of Arkansas, The National Sea Grant Law Center at the University of Mississippi School of Law, and The Agricultural and Resource Program at the Ohio State University. Consortium members collaborate to provide objective agricultural law and food law information on national issues such as land-based food, fiber, and energy production systems as well as seafood and marine-based production via aquaculture.

This material is based upon work supported by the National Agricultural Library, Agricultural Research Service, U.S. Department of Agriculture.

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