THIS WEEK IN
Federal Policy News
February 10, 2022
PRESIDENT DELIVERS HIS STATE OF THE UNION ADDRESS
Tuesday night, President Biden issued his first State of the Union Address. The speech comes at a time when headlines are dominated by the Russian invasion of Ukraine and he wasted little time addressing the conflict. With potential rising volatility for commodities such as wheat and diesel, it remains to be seen how the agricultural industry will be impacted here in the US. The President did highlight federal efforts in going after ocean shipping companies and the meat packing industry, stressing the need for open competition in both. The former has come into particular focus as of late, with supply chains being negatively impacted across countless industries through challenges there. Remarks from President Biden to call on Congress to act on legislation that would rein in skyrocketing shipping costs to help reduce port congestion and relieve supply chain backlogs was expected and timing was of paramount importance as the Senate Commerce Committee is scheduled to conduct a hearing on the Ocean Shipping Reform Act today. 
 
He also touted many of the key pieces included in the Bipartisan Infrastructure Framework that passed last year. With over $1 trillion in new spending, Democrats will likely continue to highlight these new spending programs as implementation begins throughout the year. Of note, the President also highlighted the need for immigration reform, particularly a pathway towards citizenship for Dreamers, farmworkers, and other critical infrastructure employees, saying “...it’s not only the right thing to do—it’s the economically smart thing to do.” 
 
With early warning signs developing for Democrats as midterm elections approach, there was significant pressure for the President to address a range of topics. 
HOUSE AG HOLDS REVIEW ON TITLE I PROGRAMS UNDER THE 2018 FARM BILL
On Tuesday, the House Agriculture Committee held a hearing examining the state of commodities under Title I of the current Farm Bill. Title I historically helps provide various price and income support programs for farmers across the country for various commodities. With a new Farm Bill needed next year, the early developmental stages are already underway. Tuesday’s hearing had representatives from several commodity groups, including wheat, soybeans, corn, rice, and others. A common theme developed early in focusing on the threat of rising input costs for growers, with increased fertilizer and fuel costs being particular pain points. 
 
In addition, although the programs funded under this portion of the Farm Bill attempt to anticipate standard causes for losses in revenues, Brad Doyle with the American Soybean Association highlighted how the US-China trade disputes in 2018 and 2019 proved to be an extremely costly event—and one that these programs were ill-suited to address. The hearing gave members plenty to consider as they begin to develop their priorities and draft ideas for next year’s legislation. 
EPA CHOOSES CAFB WOTUS ROUNDTABLE PROPOSAL
Last week, the Environmental Protection Agency (EPA) announced the selection of several regional roundtable proposals on determining a definition for “waters of the US” (WOTUS) under the Clean Water Act. California Farm Bureau submitted an extensive and comprehensive proposal which was selected for one of the ten regional meetings, which are set to take place sometime in the spring and summer. The meetings come after the EPA closed public comments on a proposed rule revising the WOTUS definition earlier last month, of which CAFB submitted lengthy comments raising several concerns with the regulatory proposal. Several other state farm bureaus were selected in addition to other food and ag organizations. 
CROP INSURANCE MEMBER CALL SOLICITATION (FARMBILL)
On Tuesday, March 22nd at 10:00 a.m., the California Farm Bureau will be hosting a call on the topic of federal crop insurance programs. CAFB is eager to solicit member feedback on the current benefits and limitations of crop insurance here in California. It is expected that even more attention will be brought to these programs in the upcoming 2023 Farm Bill, meaning any early groundwork on the issue will be important as we begin deliberations with Congressional offices and coalition partners. To receive an invitation for this call, please contact Matthew Viohl. 
EPA ORDER ON CHLORPYRIFOS
Following the final rule to revoke all tolerances for chlorpyrifos published on August 30, 2021, EPA has issued its final order denying objections, hearing requests, and for any stay of the rule. The effective date of this Order is February 28, 2022, which coincides with EPA’s final rule that outlined the revocation of tolerances for chlorpyrifos.
 
Following the final rule, many agricultural organizations – including AFBF – filed objections to the rule, requesting EPA delay the implementation and issue a stay. EPA’s response to these objections is this subsequent Order. 
 
In addition, EPA has issued letters to the registrants of chlorpyrifos products with food uses confirming revocation of the tolerances and indicating cancellation and label amendment options. These include the ability for registrants to submit registration amendments to remove food uses from product labels or submit a voluntary cancellation for products where all uses are subject to the tolerance revocation. 
 
For registrations not voluntarily cancelled, EPA intends to issue a Notice of Intent to Cancel under the Federal Insecticide, Fungicide and Rodenticide Act to cancel registered food uses of chlorpyrifos associated with the revoked tolerances. 
 
This action will be incorporated into the ongoing registration review of chlorpyrifos. EPA is continuing to analyze the comments submitted on the chlorpyrifos proposed interim decisiondraft revised human health risk assessment, and draft ecological risk assessment
 
After considering public comments, EPA will proceed with registration review for the remaining non-food uses, which EPA claims may propose additional measures to reduce human health and ecological risks. More information on the registration review process is available here
 
AFBF is currently suing EPA over the final order to revoke tolerances in eleven high-benefit agricultural crops, which EPA had previously deemed safe.
FMCSA EXTENDS HOURS-OF-SERVICE WAIVERS
With the pandemic still causing lingering impacts for supply chain operations across the country, the Federal Motor Carrier Safety Administration (FMCSA) once again extended their national emergency declaration, which provides regulatory relief from hours-of-service requirements for applicable truck drivers. Aside from a few historical changes, the waivers have effectively been in place for nearly two years now. The exemptions permit drivers who haul medical supplies and equipment, gasoline and other fuels, livestock and livestock feed, and other foods and materials from some of the more stringent rules typically required during normal operating times. The waivers have been critical in ensuring the nation’s food supply chains remain as unencumbered as possible, particularly during the most challenging stretches of the pandemic. 
USDA CONFIRMS HPAI IN CONNECTICUT AND IOWA
The United States Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) has confirmed the presence of highly pathogenic avian influenza (HPAI) in two non-commercial backyard flocks (non-poultry) in Connecticut and Iowa. 
APHIS will continue to announce the first case of HPAI in commercial and backyard flocks detected in a State but will not announce subsequent detections in the State. All cases in commercial and backyard flocks will be listed on the APHIS website here
 
Anyone involved with poultry production from the small backyard to the large commercial producer should review their biosecurity activities to assure the health of their birds. APHIS has materials about biosecurity, including videos, checklists, and a toolkit available on the APHIS website. 
Contact Federal Policy
Sara Arsenault
Federal Policy, Director
916-561-5619
Matthew Viohl
Federal Policy, Associate Director
916-561-5612
Erin Huston
Federal Policy, Consultant
916-849-3746