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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Farm Office Live on Monday April 27

OSU Extension is pleased to be offering the third session of “Farm Office Live” session on Monday evening, April 27, 2020 from 8:00 to 9:30 p.m.  Farmers, educators, and ag industry professionals are invited to log-on for the latest updates on the issues impact our farm economy.

The session will begin with the Farm Office Team answering questions asked over the past week.  Topics to be highlighted include:

  • Update on the CARES Paycheck Protection Program
  • Economic Injury Disaster Loan (EIDL)
  • Coronavirus Food Assistance Program (CFAP) Update
  • Ethanol and biofuel update
  • ARC and PLC Forecasts
  • Other legal and economic issues

Plenty of time has been allotted for questions and answers from attendees. Each office session is limited to 500 people and if you miss the on-line office hours, the session recording can be accessed at farmoffice.osu.edu the following day.  Participants can pre-register or join in on Monday evening at  https://go.osu.edu/farmofficelive 

Virtual Office Hours – Knox AgChat

As you know The Ohio State University has closed all Campuses and Extension offices.  While our office is closed, we are working from home and will continue to do so until we are able to return.   You can reach us by phone (740-397-0401) Monday through Friday from 8 – 5.  You can also reach us anytime by email:

        John – barker.41@osu.edu              Sabrina – schirtzinger.55@osu.edu

In the meantime we are working diligently to create new options to stay in contact with everyone.  With this in mind, beginning Monday April 6 we will begin VIRTUAL OFFICE HOURS – Knox AgChat

Knox AgChat will provide us the opportunity to utilize video and/or audio conferencing on your computer or cell phone.  You can join us online here: https://osu.zoom.us/j/3927263521  or join by phone 1-253-215-8782 and enter Meeting ID: 392 726 3521.

We will focus on Ag questions from 7:30 – 8 and Horticulture questions from 8 – 8:30.

Additionally, we plan to periodically invite guest speakers to our chat.  We will post that schedule each week.

 

Omitting residual herbicides in soybeans – really – we have to have this argument again?

Source: Dr Mark Loux, OSU Extension

According to our network of sources, the effectiveness of new soybean trait systems has some growers once again thinking about omitting preemergence residual herbicides from their weed management programs.  Some people apparently need to learn the same lessons over and over again.  Having gone through this once in the early 2000’s when Roundup Ready soybeans had taken over and we all sprayed only glyphosate all day every day, we think we’re pretty sure where it leads.  We’re sensitive to concerns about the cost of production, but the cost-benefit analysis for residual herbicides is way in the positive column.  We’re not the ones who ultimately have to convince growers to keep using residual herbicides, and we respect those of you who do have to fight this battle.  Back in the first round of this when we were advocating for use of residuals, while the developers of RR soybeans were undermining us and telling everyone that residuals would reduce yield etc, we used to have people tell us “My agronomist/salesman is recommending that I use residuals, but I think he/she is just trying to get more money out of me”.  Our response at that time of course was “no pretty sure he/she is just trying save your **** and make sure you control your weeds so that your whole farm isn’t one big infestation of glyphosate-resistant marestail.”  And that answer probably works today too – maybe substituting waterhemp for marestail.

We need to state here that a good number of growers kept residual herbicides in their programs through all of this, and we assume they aren’t tempted to omit them now either.  For everyone else – maybe interventions are called for.  Where the recalcitrant person is repeatedly thumped with a stick while being reminded of what happened last time, until they change their minds.

Weed scientist:  so you’re going to use residual herbicides right?

Soybean grower:  no

Thump

WS:  remember what happened last time – lambsquarters became a problem when every residual herbicide would have controlled it.  Change your mind yet?

SB:  no

Thump

WS:  remember when the weather didn’t cooperate and you ended up spraying 2 foot tall weeds because of no initial control?  Do you want this again?

SG:  no

WS:  so you’re going to use residuals?

SG:  not sure

Thump

WS:  and you expect your local dealer to clean up whatever mess occurs when you don’t use residuals?

SG: yes

Thump

WS:  remember when you burnt out the FirstRate on marestail and then the glyphosate wouldn’t work?  Do you want this to happen with dicamba, 2,4-D and glufosinate?”

SG:  no

WS:  well then

SG:  maybe

Gentler persuasive tap

WS:  You know how bad a weed waterhemp is right?

SG:  yes

WS:  what if residuals will help prevent waterhemp infestations

SG:  Ok then – yes

WS:  ok then

Note:  we considered a number of sound effects here – thump, zap, whack…. Thump won out for no particular reason.  We could not decide whether getting hit by a stick was more or less acceptable than getting shocked in this context.

The bottom line is that residual herbicides provide both short- and long-term risk management in weed management for a relatively low cost.  A non-inclusive list of these:

– reduces weed populations overall and slows weed growth, resulting in more flexibility in the POST application window.

– Reduced risk of yield loss if weather interferes with timely POST application.  In the absence of residual herbicides, soybean yield loss can occur when weeds reach a height of 6 inches.

– increases the number of different sites of action used within a season, slowing the rate of resistance development

– reduces the number of weeds that are treated by POST herbicides, which also slows the rate of herbicide resistance development

– residuals control lambsquarters which is not well-controlled by POST herbicides

– the most significant weed problems in Ohio soybean production – waterhemp, giant ragweed, and marestail – cannot be consistently controlled with POST herbicides alone.  They require a comprehensive herbicide program that includes residual and POST herbicides.  It may be possible to make a total POST system work some years or for a while, but in the end this approach will result in problems with control and speed up the development of resistance.

This whole subject of omitting residual herbicides makes us cranky because we don’t have to guess what will happen.  We’ve made our best case here.  It’s up to you of course, but we suggest that we not have to come back and have this discussion again.  Because next time we’re bringing a few friends, a bigger stick, and a gorilla.

Disclaimer:  Parts of this article are meant in pure jest.  We would certainly never advocate in earnest the use of physical harm or other methods of persuasion to change the behavior of herbicide users.  This goes against everything that the discipline of weed science stands for, and also OSU.  Plus – we don’t even know where to rent a gorilla.