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The United States Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) signaled on June 29, 2018, its intent to prepare a “programmatic environmental impact statement (EIS) in connection with potential changes to the regulations regarding the importation, interstate movement, and environmental release of certain genetically engineered [(GE)] organisms.”  The EIS will have a significant impact on how APHIS chooses to amend its regulation of GE...

By Lynn L. Bergeson and Carla N. Hutton The United States Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) signaled on June 29, 2018, its intent to prepare a “programmatic environmental impact statement (EIS) in connection with potential changes to the regulations regarding the importation, interstate movement, and environmental release of certain genetically engineered [(GE)] organisms.”  The EIS will have a significant impact on...

The United States Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) signaled on June 29, 2018, its intent to prepare a “programmatic environmental impact statement (EIS) in connection with potential changes to the regulations regarding the importation, interstate movement, and environmental release of certain genetically engineered [(GE)] organisms.”  The EIS will have a significant impact on how APHIS chooses to amend its regulation of GE...

Available On-Demand - TSCA At 2: An Update On Implementation And Hot Topics: A recording of “TSCA at 2: An Update on Implementation and Hot Topics,” the third webinar in the 2018 Chemical Policy Summit Series, is now available. This webinar featured news and updates on Toxic Substances Control Act (TSCA) implementation from Nancy B. Beck, Ph.D., D.A.B.T.®, Deputy Assistant Administrator, U.S. Environmental Protection Agency (EPA) Office of Chemical Safety and Pollution Prevention...

By Lynn L. Bergeson On July 10, 2018, the U.S. Department of Agriculture’s (USDA) Office of Procurement and Property Management announced it was amending the Guidelines for Designating Biobased Products for Federal Procurement to add 12 sections that designate product categories within which biobased products will be afforded federal procurement preference by federal agencies and their contractors via a final rule.  83 Fed. Reg. 31841.  The Federal Register publication...

By Lynn L. Bergeson On June 26, 2018, the U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) announced it was seeking public comment on a draft Environmental Assessment (EA) and a preliminary Plant Pest Risk Assessment (PPRA) prepared in response to a petition from Nuseed Americas Inc. (Nuseed) to deregulate a canola variety genetically engineered to convert oleic acid to docosahexaenoic acid (DHA).  83 Fed. Reg. 29742.  APHIS will...

On June 22, 2018, the U.S. Environmental Protection Agency (EPA) published a prepublication version of the final rule regarding reporting requirements for applicable persons to provide information to assist in the preparation of an “inventory of mercury supply, use, and trade in the United States,” where “mercury” is defined as “elemental mercury” and “a mercury compound” (mercury). Section 8(b)(10)(B) of the Toxic Substances Control Act (TSCA), as amended by the Frank...

Lynn L. Bergeson, Richard E. Engler, Ph.D., And Susan M. Kirsch Contribute To ABA SEER’s The Year In Review 2017: Bergeson & Campbell, P.C. (B&C®) is pleased to announce the publication of The Year in Review 2017: Environment, Energy, and Resources Law by the American Bar Association (ABA) Section of Environment, Energy, and Resources (SEER). The Year in Review 2017 provides an annual summary of developments in environmental, energy, and resources law....

Plastics Insight, “IKEA, Neste Collaborates for First Large-scale Production of Renewable, Bio-based Polypropylene Plastic” Markets Insider, “Kreussler Inc. Earns USDA Certified Biobased Product Label” CISION PRWeb, “John Kaweske Announces Bio Clean Energy Wins $36 Million Biodiesel Supply Contract Bolivia Government Oil Companies”

By Lynn L. Bergeson On June 4, 2018, Proctor & Gamble (P&G) announced the launch of Downy’s first plant-based line of fabric conditioner. In addition to powering the manufacturing process completely with renewable wind powered electricity at a zero-manufacturing waste to landfill facility, the product formula includes 70 percent biobased ingredients and the bottles are made from 25 percent post-consumer recycled content.  The 70 percent claim has been certified through...

By Lynn L. Bergeson On May 23, 2018, the U.S. Department of Agriculture’s (USDA) Agricultural Marketing Service (AMS) announced that a pre-recorded informational webinar regarding the proposed National Bioengineered Food Disclosure Standard (NBFDS) will be made available beginning on June 1, 2018.  83 Fed. Reg. 23827.  The Federal Register notice states that the pre-recorded webinar “will provide an overview of the background, provisions, and potential impacts of the...

On May 4, 2018, the U.S. Department of Agriculture (USDA) Agricultural Marketing Service (AMS) proposed a rule to establish the first ever National Bioengineered Food Disclosure Standard (NBFDS) mandated by Congress in 2016. This column discusses the proposal, what it intends to achieve, and its implications.

By Lynn L. Bergeson On May 9, 2018, Tremco Roofing and Building Maintenance announced that its POWERply® Endure™ BIO Adhesive had earned the Certified Biobased Product label from the USDA BioPreferred Program. Tremco’s adhesive is made of 71 percent biobased material with ultra-low levels of Volatile Organic Compounds (VOC) that meet California VOC limits. Four other Tremco Roofing products have the USDA Certified Biobased Product Label, including AlphaGuard™ BIO...

By Lynn L. Bergeson On May 11, 2018, the U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) announced the availability of a draft Environmental Impact Statement (EIS) for public review and comment. This document evaluates the possible environmental impacts from a potential approval of a permit to release a genetically engineered (GE) Citrus tristeza virus (CTV) through Florida.  This GE plant virus would be used as a biological control...

By Lynn L. Bergeson On May 4, 2018, USDA’s Agricultural Marketing Service (AMS) proposed a rule to establish the National Bioengineered Food Disclosure Standard mandated by Congress in 2016.  83 Fed. Reg. 19860.  USDA states the standard will provide “a uniform way to offer meaningful disclosure for consumers who want more information about their food and avoid a patchwork system of state or private labels that could be confusing for consumers and would likely drive up...

By Lynn L. Bergeson On May 3, 2018, Jacor, LLC announced that five of its EcoBioClean® products earned the U.S. Department of Agriculture (USDA) Certified Biobased Product label: EcoBioClean® 100 COSW with 95% biobased content; EcoBioClean® Pipes/Tanks 103 CE with 95% biobased content; EcoBioClean® Fresh Water 101 COFW with 95% biobased content; EcoBioClean® Land 102 COL with 95% biobased content; and EcoBioClean® Biological Waste 105 BW with 95% biobased content....

By Lynn L. Bergeson On April 13, 2018, the U.S. Department of Energy’s (DOE) Bioenergy Technologies Office (BETO) announced an upcoming webinar entitled “Bioproducts, Grown and Made in America”  that will focus on American-produced bioproducts made from renewable sources including plants, algae, and wastes.  Speakers from BETO, the U.S. Department of Agriculture (USDA), Oak Ridge National Laboratory, and Sandia National Laboratories will discuss how the biobased...

By Lynn L. Bergeson Representative Scott Peters (D-CA) recently introduced the Algae Agriculture Act of 2018 (H.R. 5373) to the House of Representatives. The bill, sponsored by Representatives Andy Biggs (R-AZ), Derek Kilmer (D-WA), and Darin LaHood (R-IL), would provide similar advantages to algae cultivators and harvesters as those that exist for traditional crop farmers under U.S. agricultural policy. These advantages include: updating the U.S. Department of Agriculture’s (USDA)...

By Lynn L. Bergeson On March 28, 2018, Secretary of the U.S. Department of Agriculture (USDA) Sonny Perdue issued a statement providing clarification on USDA’s oversight of plants produced through innovative new breeding techniques that include techniques called genome editing.  The announcement states that under its biotechnology regulations, USDA “does not regulate or have any plans to regulate plants that could otherwise have been developed through traditional breeding...

On March 22, 2018, the U.S. Environmental Protection Agency (EPA) released the Pesticide Registration Notice (PR Notice) 2018-1 issued by the Office of Pesticide Programs (OPP) entitled “Determination of Minor Use under Federal Insecticide, Fungicide, and Rodenticide Act Section 2(ll)” (PR Notice 2018-1).  Notice of Availability issued on March 21, 2018.  83 Fed. Reg. 12385.  The PR Notice states that it “describes the revised approach to interpreting economic minor use...

AkzoNobel, “AkzoNobel Specialty Chemicals’ 2018 Imagine Chemistry Challenge Generates 150 Innovative Business Ideas” Enerkem, “Enerkem Makes A Major Breakthrough By Producing A New High-Octane Biofuel” Fast Company, “This USDA Lab Is Turning Billions Of Pounds Of Almond Waste Into Beer, Plastic, And Power” Electrolux, “Electrolux Builds The World’s First Bioplastic Concept Fridge”

By Lynn L. Bergeson On March 20, 2018, BioLogiQ, Inc. announced that its NuPlastiQ® GP biopolymer received certification under the USDA BioPreferred program.  NuPlastiQ is a 100 percent renewably-resourced, plant-based resin that is blended with traditional plastics to reduce fossil-based plastic use and greenhouse gas emissions.  The thermoplastic resin is produced using BioLogiQ’s proprietary process for converting high crystalline starch into a low crystalline (mostly...

By Lynn L. Bergeson The U.S. Department of Agriculture (USDA) released its report on the economic impact of the biobased economy.  The report, titled “Indicators of the U.S. Biobased Economy,” reviews data from 2011 and 2016 to analyze trends in the agricultural, bioenergy, renewable chemicals, and policy sectors.  According to the analysis, the renewable chemicals and biobased products sector contributed 4.22 million jobs and an economic value of $393 billion to the...

By Lynn L. Bergeson On March 13, 2018, the USDA Rural Business-Cooperative Service issued in the Federal Register a notice of solicitation of applications for the  Rural Energy for America Program (REAP) for fiscal year (FY) 2018.  The solicitation is being issued prior to the passage of a final appropriations act to allow time for the submission and review of applications within the current FY.  Information on the amount of funding received in any continuing resolution or...

By Lynn L. Bergeson On March 12, 2018, the U.S. Department of Agriculture (USDA) issued in the Federal Register a notice announcing the submission of an information collection request (ICR) on the guidelines for designating biobased products for federal procurement to the Office of Management and Budget (OMB). Pursuant to Section 9002 of the Farm Security and Rural Investment Act (FSRIA) of 2002, as amended by the Food, Conservation, and Energy Act (FCEA) of 2008, and the Agricultural Act...

By Lynn L. Bergeson On February 27, 2018, the U.S. Department of Agriculture’s (USDA) National Institute of Food and Agriculture (NIFA) published its 2017 Annual Report:  User Inspired Science Transforming Lives.  The report provides an overview and examples of the many NIFA-funded research, extension, and education outcomes conducted by a broad range of partners, including academic and science organizations; small business and industry; agencies from all levels of...

By Lauren M. Graham, Ph.D. During a visit to New Hampshire on February 13, 2018, U.S. Environmental Protection Agency (EPA) Administrator Scott Pruitt provided Governor Chris Sununu (R-NH) a letter announcing EPA's efforts to work towards a carbon-neutral policy for biomass and clarify federal procurement recommendations for responsibly managed forests.  According to Pruitt, EPA recognizes the importance of the forest products industry to the State of New Hampshire and is...

Platts, “USDA Official Vows to Fight Brazil's 20% Tariff on US Ethanol” Advanced Biofuels Business Council, “Broad Coalition to EPA:  Unlock Corn Kernel Fiber Cellulosic Ethanol”  Fraunhofer Institute for Manufacturing Technology, “A Step Towards Independence From Fossil Resources” Meridian Waste Solutions Inc., “Meridian Waste Solutions’ Attis Innovations Partners with Genarex” University of Georgia, “Gene Improves Plant...

By Lauren M. Graham, Ph.D. On February 1, 2018, the U.S. Department of Agriculture’s (USDA) Commodity Credit Corporation (CCC) announced in the Federal Register that it has withdrawn support for the Farm-to-Fleet Biofuel Production Incentive (BPI) program.   CCC determined that, due to limited available funds, the BPI program is no longer a priority.  USDA and the U.S. Department of Navy (Navy) launched the Farm-to-Fleet program in 2013 to provide incentive funds to...

By Lauren M. Graham, Ph.D. On January 22, 2018, the National Biodiesel Board (NBB) announced that a new study on lifecycle energy and greenhouse gas (GHG) emission effects of biodiesel updates and reaffirms the benefits of using the renewable fuel.  The report was published jointly by ANL, Purdue University, and the U.S. Department of Agriculture (USDA).  Researchers gathered data on the energy and emissions from farming soybeans, the feedstock for approximately half of U.S....

By Lauren M. Graham, Ph.D. On January 19, 2018, the U.S. Department of Agriculture’s (USDA) National Institute of Food and Agriculture (NIFA) announced the availability of up to $6 million in funding to support research in plant feedstock genomics for bioenergy.  Support is provided in partnership with the U.S. Department of Energy’s (DOE) Office of Biological and Environmental Research (BER) through the Plant Feedstock Genomics for Bioenergy program, which aims to improve...

By Kathleen M. Roberts On January 2, 2018, the USDA Foreign Agricultural Service (FAS) issued a Global Agriculture Information Network (GAIN) report on Japan’s fuel ethanol policy.  According to the report, Japan’s Ministry of Economy, Trade, and Industry (METI) is seeking public comments on changes to its fuel ethanol policy.  The changes would establish a U.S. corn-based ethanol greenhouse gas (GHG) emissions value of 43.15; allow U.S. corn-based ethanol to be...

By Lauren M. Graham, Ph.D. On January 8, 2018, U.S. Secretary of Agriculture Sonny Perdue presented to President Donald Trump the findings of the Interagency Task Force on Agriculture and Rural Prosperity.  The Task Force was established in 2017 following an Executive Order by President Trump to ensure the informed exercise of regulatory authority that impacts agriculture and rural communities.  According to the report, over 100 actions organized around five key topic areas,...

By Kathleen M. Roberts On January 4, 2018, the U.S. Department of Agriculture’s National Institute of Food and Agriculture (NIFA) awarded the University of Tennessee a $2,994,429 grant to improve biorefinery technologies through the Integrated Biorefinery Optimization (IBO) program.  The project aims to develop and commercialize solvent fractionated lignins to polymeric products for their potential market in building and construction sectors.  The overarching goal of the...

By Lauren M. Graham, Ph.D. On December 22, 2017, the U.S. Department of Agriculture’s (USDA) National Institute of Food and Agriculture (NIFA) announced the release of a request for applications (RFA) for Phase II Small Business Innovation Research (SBIR) projects.  The SBIR program is comprised of three phases. During Phase I, applicants determine the scientific or technical feasibility of their proposed ideas. Phase II requires a more comprehensive application, outlining the...

Click here for a PDF brochure of the memorandum Bergeson & Campbell, P.C. (B&C®) and its consulting affiliate The Acta Group (Acta®) are pleased to offer you our Forecast 2018. The document distills key trends in U.S. and global chemical law and regulation, and provides a sneak preview of what our legal, scientific, and regulatory professionals believe we are likely to see in the New Year. Our unique business platform and global team of highly skilled professionals are perfectly suited...

By Kathleen M. Roberts On December 4, 2017, the U.S. Department of Defense (DOD), the General Services Administration (GSA), and the National Aeronautics and Space Administration (NASA) issued in the Federal Register a notice of request for public comment regarding an extension of a previously approved ICR regarding biobased procurements.  Pursuant to Federal Acquisition Regulation (FAR) clause 52.223-2, prime contractors are required to report annually the product types and dollar...

By Kathleen M. Roberts On November 8, 2017, the U.S. Department of Agriculture’s (USDA) National Institute of Food and Agriculture (NIFA) issued a statement soliciting applications for its Biotechnology Risk Assessment Research Grants Program.  The program aims to support the generation of new information that will assist federal regulatory agencies in making science-based decisions about the effects of introducing genetically engineered (GE) organisms, including microorganisms,...

By Lauren M. Graham, Ph.D. On November 7, 2017, the U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) issued a notice in the Federal Register announcing that it was withdrawing its proposed rule that would have revised the importation, interstate movement, and environmental release of certain genetically engineered (GE) organisms.  The proposed rule, which was issued on January 19, 2017, aimed to “update the regulations in response...

By Lynn L. Bergeson and Margaret R. Graham On November 7, 2017, the U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) issued a notice in the Federal Register (82 Fed. Reg. 51582) stating that it was withdrawing its January 19, 2017, proposed rule on the importation, interstate movement, and environmental release of certain genetically engineered (GE) organisms to “update the regulations in response to advances in genetic engineering and...

By Lauren M. Graham, Ph.D. On October 25, 2017, the U.S. Department of Energy’s (DOE) Office of Energy Efficiency and Renewable Energy (EERE) published a notice in the Federal Register regarding an open meeting of the Biomass Research and Development Technical Advisory Committee.  The meeting will take place November 15-16, 2017, in Washington D.C., and will focus on developing advice and guidance that promotes research and development (R&D) for the production of biobased...

By Kathleen M. Roberts On October 17, 2017, the USDA’s National Institute of Food and Agriculture (NIFA) announced the recipients of 17 grants totaling $7.3 million for projects focused on the development of next generation agricultural technologies and systems to meet the growing demand for food, fuel, and fiber.  Funding is provided by NIFA’s Agriculture and Food Research Initiative (AFRI), as authorized by the 2014 Farm Bill.  Recipients include: Auburn University,...

By Lauren M. Graham, Ph.D. On October 17, 2017, Congressman Jimmy Panetta (D-CA), Congressman Neal Dunn, M.D. (R-FL), and 77 additional House members sent a bipartisan letter to the U.S. Department of Agriculture (USDA), U.S. Food and Drug Administration (FDA), and U.S. Environmental Protection Agency (EPA) to urge the agencies to work together to promote innovative new technologies aimed at increasing crop yields and reducing the cost of production.  According to Congressman Panetta,...

On October 25, 2017, the U.S. Environmental Protection Agency’s (EPA) Office of Pesticide Programs (OPP) announced that the U.S. Food and Drug Administration (FDA), in coordination with the U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) and OPP, will be holding two public meetings to discuss FDA’s Agricultural Biotechnology Education and Outreach Initiative.  The meetings will be held in Charlotte, North Carolina on November 7,...

On October 13, 2017, the U.S. Environmental Protection Agency (EPA) announced that it had reached an agreement with Monsanto, BASF, and DuPont on measures “to further minimize the potential for drift to damage neighboring crops from the use of dicamba formulations used to control weeds in genetically modified cotton and soybeans,” and “new requirements for the use of dicamba ‘over the top’ (application to growing plants) will allow farmers to make informed choices for seed purchases...

By Lauren M. Graham, Ph.D. On October 12, 2017, the U.S. Food and Drug Administration (FDA) announced two public meetings regarding its Agricultural Biotechnology Education and Outreach Initiative.  The meetings will be held in Charlotte, North Carolina, on November 7, 2017, from 8:00 a.m. to 1:00 p.m. (EST) and in San Francisco, California, on November 14, 2017, from 8:00 a.m. to 1:00 p.m. (PST).  FDA states the purpose of the public meetings is “to provide the public with...

By Lauren M. Graham, Ph.D. USDA awarded Spero Energy Inc. a Small Business Innovation Research (SBIR) grant for $100,000 to conduct research and development to increase the availability and competitiveness of biobased products within the agricultural market.  Spero Energy is an Indiana-based company focused on the development of cost competitive processes for the conversion of biomass to renewable chemicals and fuels.  The SBIR grant aims to support the development of a series of...

By Lauren M. Graham, Ph.D. On September 22, 2017, the U.S. Department of Agriculture’s (USDA) National Institute of Food and Agriculture (NIFA) awarded six grants totaling nearly $21.1 million to support the development of new jet fuel, biobased products, and biomaterials from renewable sources.  The funding is provided through NIFA’s Agriculture and Food Research Initiative (AFRI) Sustainable Bioenergy and Bioproducts (SBEBP) Challenge Area.  Grant recipients include:...

On October 4, 2017, the U.S. Food and Drug Administration (FDA) announced the availability of final guidance that helps to clarify FDA and U.S. Environmental Protection Agency (EPA) jurisdiction over the regulation of mosquito-related products intended to function as pesticides, including those produced through the use of biotechnology.  The notice was published in the Federal Register on October 5, 2017.  82 Fed. Reg. 46500.  Guidance for Industry #236,...

By Kathleen M. Roberts On September 28, 2017, the Senate Committee on Agriculture, Nutrition, and Forestry held a hearing titled “Rural Development and Energy Programs: Perspectives for the 2018 Farm Bill” to gather stakeholder input regarding the programs under the Farm Bill that are working or need improvement.  In his opening statement, Committee Chair Pat Roberts (R-KS) stated that it is critical for the next Farm Bill to support renewable energy and biobased product...