Law

Do Not Plant These Seeds!!!

The Ohio Department of Agriculture (ODA) has been notified that several Ohio residents have received unsolicited packages containing seeds that appear to have originated from China. The types of seeds in the packages are currently unknown. The packages were sent by mail and may have Chinese writing on them. Unsolicited packages of seeds have been received by people in several other states across the United States over the last several days.

If you receive a package of this type, please DO NOT plant these seeds. If they are in sealed packaging, don’t open the sealed package. Please retain the seeds and the original package labeling for trade compliance officers as they work through this issue. Unsolicited seeds could be invasive species, contain noxious weeds, could introduce diseases to local plants, or could be harmful to livestock. Invasive species and noxious weeds can displace native plants and increase costs of food production. ODA and APHIS work hard to prevent the introduction of invasive species and protect Ohio agriculture. All foreign seeds shipped to the United States should have a phytosanitary certificate which guarantees the seeds meet important requirements.

Changes in status of dicamba product labels for Xtend soybeans – a recap

DSource: Dr. Mark Loux, OSU

 

Ohio Department of Agriculture: Dicamba use in Ohio ends June 30, 2020

 

On June 3, the US 9th Circuit Court of Appeals issued a decision in a case concerning the use of dicamba on Xtend soybeans.  This decision voided the labels for XtendiMax, Engenia, and FeXapan that allows use on Xtend soybeans.  Tavium was not included in this decision, because it was not approved for use when the case was initially filed.  Several excellent articles covering this decision can be found here on the OSU Ag Law blog (https://farmoffice.osu.edu/blog).  EPA stated on June 8, providing further guidance about what this decision means for the use of dicamba for the rest of this season.  The gist of this decision was the following:

“EPA’s order addresses sale, distribution, and use of existing stocks of the three affected dicamba products – XtendiMax with vapor grip technology, Engenia, and FeXapan.

  1. Distribution or sale by any person is generally prohibited except for ensuring proper disposal or return to the registrant.
  2. Growers and commercial applicators may use existing stocks that were in their possession on June 3, 2020, the effective date of the Court decision. Such use must be consistent with the product’s previously-approved label, and may not continue after July 31, 2020.”

ODA subsequently issued a statement regarding the registration and use of these products in Ohio, stating that any application must happen before July 1, 2020.  Partial text from this statement:

“The registration of these products (XtendiMax, FeXapan, and Engenia) in Ohio expires on June 30, 2020. After careful evaluation of the court’s ruling, US EPA’s Final Cancellation Order, and the Ohio Revised Code and Administrative Code, as of July 1, 2020, these products will no longer be registered or available for use in Ohio unless otherwise ordered by the courts.

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Distribution of Waterhemp and Palmer Amaranth in Ohio

Source: Dr. Mark Loux

The maps that accompany this article show our current knowledge of waterhemp and Palmer amaranth distribution in Ohio.  These are based on information from a survey of OSU Extension County Educators, along with information we had from samples submitted, direct contacts, etc.  We still consider any new introductions of Palmer amaranth to be from an external source (brought in from outside Ohio) – hay or feed, infested equipment, CRP/cover/wildlife seedings.  Palmer is not really spreading around the state, and as the map shows, we have had a number of introductions that were immediately remediated.  The number of counties where an infestation(s) is being managed is still low, and within those counties, the outbreak occurs in only a few fields still.  Waterhemp is much more widespread in Ohio and is spreading rapidly within the state from existing infestations to new areas via equipment, water, animals, etc.  We do not have Ag Educators in all counties, and even where we do, infestations can occur without us knowing about them.  Feel free to contact us with new information to update the maps.

Among the weed photos sent to the Agronomy Team members for identification, a fair number lately has been for the purposes of “pigweed” identification.  “Pigweed” as used here can refer to waterhemp, Palmer amaranth, spiny amaranth, Powell amaranth, and redroot/smooth pigweed (these two are mostly the same for ID/control purposes).  It’s almost impossible to tell these apart when they are very small, but this gets easier by the time they are 4 inches tall.  Waterhemp and Smooth/redroot pigweed are still the most common.  Waterhemp is smooth all over with a somewhat elongated leaf with smooth edges, and leaves sometimes can be a darker and glossier green than pigweed.  Smooth/redroot pigweed will have a hairy/rough stem (more defined as it gets larger), with relatively nonglossy leaves that are widest in the middle with “rougher” edges.  Various resources are available to help with identification, including our pigweed ID fact sheet and Youtube video.  Identification of pigweeds is not necessarily straight forward, so feel free to contact your local extension educator or OSU weed scientists (loux.1@osu.edu or ackley.19@osu.edu) for help with identification.

ODA Statement on Dicamba – Official Statement Regarding the Use of Over-the-Top Dicamba Products

Source: C.O.R.N. Newsletter

Official Statement Regarding the Use of Over-the-Top Dicamba Products

 

 

On June 3, 2020, the U.S. Court of Appeals for the Ninth Circuit rendered a decision which vacated the federal registrations of three of the four dicamba products that had previously been approved for use on dicamba-tolerant (DT) soybeans. This decision has caused tremendous uncertainty for soybean producers and pesticide dealers during an agronomically critical time of year.  It is estimated that around 40 to 50 percent of the soybean crop planted in Ohio are dicamba tolerant varieties. The specific products impacted are:  XtendiMax with VaporGrip Technology, Engenia Herbicide, and DuPont FeXapan with VaporGrip Technology. Tavium plus VaporGrip Technology for use on DT soybeans was not covered by this ruling.

In response to the decision, on June 8, 2020, the United States Environmental Protection Agency (US EPA) issued a Final Cancellation Order that outlines specific circumstances under which existing stocks of the three affected dicamba products can be used. The registration of these products in Ohio expires on June 30, 2020.  After careful evaluation of the court’s ruling, US EPA’s Final Cancellation Order, and the Ohio Revised Code and Administrative Code, as of July 1, 2020 these products will no longer be registered or available for use in Ohio unless otherwise ordered by the courts.

While use of already purchased product is permitted in Ohio until June 30, 2020, the Court’s decision and US EPA’s order makes further distribution or sale illegal, except for ensuring proper disposal or return to the registrant. Application of existing stocks inconsistent with the previously approved labeling accompanying the product is prohibited.  If you have questions about returning unused products, please reach out to your pesticide dealer’s representative.

For additional questions, please email pesticides@agri.ohio.gov or call 614-728-6394, and visit ODA’s website for updates.

Poison Hemlock is Blooming

 

Originally Posted OSU BEEF Newsletter

– Christine Gelley, Agriculture and Natural Resources Educator, Noble County, OSU Extension

 

Poison hemlock is up and actively growing right this minute. It is already prevalent on roadsides in Noble County. If you stand next to poison hemlock it will feel like you are in that scene from “Alice in Wonderland” where the flowers are giant, and she is tiny. It looks like Queen Anne’s Lace, but much larger. It blooms earlier and it is has distinct purple spots on the stem.

Control with a broadleaf killer like 2,4-D doesn’t eliminate ALL the competition for next generation hemlock plants.

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Meat Processing Laws in Ohio and the U.S.

Originally posted in Ohio’s Country Journal

By Peggy Kirk Hall, director of agricultural law, Ohio State University Agricultural and Resource Law Program

Meat sales have been subject to serious supply chain issues wrought by COVID-19, raising many questions here in Ohio about who can process meat and where meat can be sold. In my opinion, explaining meat processing laws is nearly as difficult as summarizing the Internal Revenue Code. But one easy answer to the meat processing questions we’ve been receiving relates to Ohio’s participation in the Cooperative Interstate Shipment (CIS) Program established by the 2008 Farm Bill. Ohio was the first state to participate in CIS and is the largest of the seven approved state CIS programs. CIS participation means that a small Ohio processor can apply to operate as a “federally inspected” plant and sell meat across state lines, including through online sales.

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Dicamba takes another blow: Court of Appeals vacates dicamba registration

Source: Peggy Hall, OSU Extension

Dicamba has had its share of legal challenges, and a decision issued yesterday dealt yet another blow when the Ninth Circuit Court of Appeals  vacated the product’s registration with the U.S. EPA.  In doing so, the court held that the EPA’s approval of the registration violated the provisions of the Federal Insecticide, Fungicide, and Rodenticide Act (“FIFRA”), which regulates the use of herbicides and other chemicals in the U.S.  Here’s a summary of how the court reached its decision and a few thoughts on the uncertainty that follows the opinion.

What now?

The court raised the issue we’re all wondering about now:  can growers still use the dicamba products they’ve purchased?  Unfortunately, we don’t have an immediate answer to the question, because it depends largely upon how the EPA responds to the ruling.  We do know that:

  • FIFRA § 136a prohibits a person from distributing or selling any pesticide that is not registered.
  • FIFRA § 136d allows the EPA to permit continued sale and use of existing stocks of a pesticide whose registration is suspended or canceled.  The EPA utilized this authority in 2015 after the Ninth Circuit Court of Appeals vacated  the EPA’s registration of sulfoxaflor after determining that the registration was not supported by substantial evidence.  In that case, the EPA allowed continued use of the existing stocks of sulfoxaflor held by end-users provided that the users followed label restrictions.  Whether the agency would find similarly in regards to existing stocks of dicamba is somewhat unlikely given the court’s opinion, but remains to be seen.  The EPA’s 2015 sulfoxaflor cancellation order is here.
  • While the U.S. EPA registers pesticides for use and sale in the U.S., the product must also be registered within a state in order to be sold and used within the state.  The Ohio Department of Agriculture oversees pesticide registrations within Ohio, and also regulates the use of registered pesticides.
  • If the EPA appeals the Ninth Circuit’s decision to the U.S. Supreme Court, the agency would likely include a request for a “stay” that would delay enforcement of the court’s Order.
  • Bayer strongly disagrees with the decision but has paused its sale, distribution and use of XtendiMax while assessing its next step and awaiting EPA direction.  The company states that it will “work quickly to minimize any impact on our customers this season.”  Bayer also notes that it is already working to obtain a new registration for XtendiMax for the 2021 season and beyond, and hopes to obtain the registration by this fall.  See Bayer’s information here.
  • BASF also states that it is awaiting the EPA’s reaction to the decision, and that the company will “use all legal remedies available to challenge this Order.”
  • Corteva is also reviewing its options and has clarified that its Tavium Plus VaporGrip dicamba-based herbicide is not part of the ruling.

Click here to read the entire article.

Poison Hemlock and Wild Parsnip are Blooming in Southern Ohio

 

Originally posted on Buckeye Yard and Garden Online

By Joe Boggs- June 3, 2020

Poison hemlock (Conium maculatum) and wild parsnip (Pastinaca sativa) are two of our nastiest non-native weeds found in Ohio.  Poison hemlock is one of the deadliest plants in North America.  Wild parsnip can produce severe, painful blistering.  Both are commonly found growing together.

Poison hemlock and wild parsnip are members of the carrot family, Apiaceae.  The old name for the family was Umbelliferae which refers to the umbel flowers.  They are a key family feature with short flower stalks rising from a common point like the ribs on an umbrella.

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Ohio House passes bill to limit liability for COVID-19 transmissions

Source:  Peggy Hall, OSU Extension

“Will I be liable for that?” is a common question we hear in the legal world.  COVID-19 has made that question even more commonplace, especially as more businesses reopen or expand services and more people reengage in public activities.  About a dozen states have acted on the liability concern and passed COVID-19 liability protections, and Congress is also deliberating whether federal legislation is necessary.  Here in Ohio, the House and the Senate have been reviewing separate immunity proposals.  Yesterday, Ohio’s House passed its bill, which aims to limit liability in certain situations where a person claims harm from the transmission of COVID-19.

The language of House Bill 606 effectively explains the House’s intent in putting forth its proposal, stating that:

  • The Ohio General Assembly is aware that lawsuits related to the COVID-19 health emergency numbering in the thousands are being filed across the country.
  • Ohio business owners, small and large, as they begin to re-open their businesses are unsure about what tort liability they may face, and recommendations regarding how best to avoid infection with COVID-19 change frequently.
  • Businesses and premises owners have not historically been required to keep members of the public from being exposed to airborne viruses, bacteria, and germs.
  • Those individuals who decide to go out into public places are responsible to take those steps they feel are necessary to avoid exposure to COVID-19, such as social distancing and wearing masks.

The House bill declares that for the above reasons, any COVID-19 “orders and recommendations from the Executive Branch, from counties and local municipalities, from boards of health and other agencies, and from any federal government agency, do not create any new legal duties for purposes of tort liability.”

The bill’s reference to not establishing a legal duty in regards to COVID-19 is important, as it forms the basis of immunity from liability for COVID-19 infections.  Under Ohio law, a person who can prove that harm resulted because another failed to meet a required duty of care can make a successful claim of negligence and receive damages for harm caused.  Negating a legal duty of care for handling of COVID-19 removes the possibility of civil liability.

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